Can I Still Apply for a Green Card?

Even clients with strong, well-documented cases get nervous sitting across from a government officer who is evaluating their relationship and their future. Having an attorney in the room provides a level of reassurance that is hard to replicate. When clients are calm, they communicate more clearly and that works in their favor. Understanding why a lawyer is helpful requires understanding what actually happens during a marriage green card interview and how many things can go sideways without proper support.
It is important to note that the application process may vary slightly depending on whether the foreign spouse is already in the United States or is applying from abroad. If the foreign spouse is in the United States, they may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-130. However, if the foreign spouse is outside of the United States, they will need to go through consular processing at a U.S. embassy or consulate. Past visa overstays, unauthorized green card lawyer near me work, or removal proceedings are closely reviewed.

The couple must jointly file a petition to remove the conditions on residence 90 days before its expiry. This petition, known as Form I-751, should provide evidence of the ongoing marital relationship and demonstrate that the marriage is genuine. Couples who are not fluent in English may face challenges understanding the application forms or communicating effectively with USCIS officers. It is advisable to seek translation services or have an interpreter present during the interview to ensure clear and accurate communication. One of the primary challenges couples face is gathering and submitting the required documentation to support their application. This includes providing evidence of a bona fide marriage, such as joint financial accounts, shared leases or mortgages, and photographs.
However, a green card lawyer’s expertise can transform it into a seamless and successful journey. Here are a few benefits of enlisting a green card lawyer, highlighting their crucial role in obtaining a green card through marriage. The United States Citizenship and Immigration Services (USCIS) doesn’t require you to have a lawyer when applying for a Green Card through  marriage. You can obtain a conditional green card without legal representation if you have no criminal record and entered a marriage without intending to circumvent or defraud the immigration system. If the government determines that your application was inaccurate or you're not eligible for a green card, you will be informed that your request has been denied.
Applying for U.S. lawful permanent residence based on marriage to a citizen or lawful permanent resident of the U.S. is a commonly used path to a green card, also known as a Marriage Based Green Card. Your attorney can accompany you at your bona fide marriage green card interview. While the attorney cannot answer questions about your relationship for you, the lawyer can address any legal questions that arise in the course of your interview. Additionally, a lawyer can present the immigration officer with your supporting documentation and explain to the immigration officer why it is relevant to prove you are in a real marriage. Finally, an attorney can work with you in advance of your interview to go over anticipated questions and to assemble the packet of documentation you will submit to prove that you are in real marriage. You must submit all of these documents when you file the forms for your marriage green card petition.

For more information, see the policy memo to USCIS immigration officers. The memo itself acknowledges that applying for adjustment is not inconsistent with maintaining a dual-intent nonimmigrant status. Matter of Castillo-Perez and United States v. Francioso involve good moral character in other contexts. These cases may support general principles about discretion, moral character, or reviewability, but they do not justify treating adjustment as disfavored in ordinary lawful-status cases.
If the immigration judge issues an order of removal, you have 30 days to appeal that decision. After you properly file Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge, the appeal will be referred to the Board of Immigration Appeals. You may ask us to consider more than one waiver provision at a time. Refer to the Form I-751 Instructions for more specific information on waivers.

Read how our experienced attorneys have helped clients achieve their immigration goals. Our free citizenship test practice tool includes all 228 official USCIS civics questions with instant feedback, detailed explanations, and score tracking. If you realize you made an error, inform the interviewing officer immediately.
Third, if you have work authorization, monitor your expiration date and understand that at the moment you will not be able to renew your EAD, so you should prepare for gaps in employment. This material may not be published, broadcast, rewritten, or redistributed. Quotes displayed in real-time or delayed by at least 15 minutes. Powered and implemented by FactSet Digital Solutions.
A marriage visa allows your spouse to enter the U.S. legally in order for you to begin building a life together. While “marriage visa” and “marriage green card” are often used interchangeably, there's a key distinction. What kind of evidence should we provide for our application?

If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information. This site is for informational purposes only and does not constitute legal advice. Always verify information with official USCIS sources or consult an immigration attorney. The most important step anyone in this situation can take is to consult with a licensed immigration attorney who is actively tracking these policy changes.
The memo uses Blas for the ideas that adjustment is administrative grace, extraordinary relief, and not meant to replace consular processing. The harder question is whether USCIS can turn discretion into a new presumption against adjustment when consular processing is available. The cited cases do not clearly support that broader proposition. Many of the cases support the basic proposition that adjustment of status is discretionary in many categories. INA §245(a) itself uses discretionary language, stating that the applicant’s status may be adjusted by the Secretary if the statutory requirements are met. The likely litigation issue is whether USCIS is exercising discretion within INA §245 or using discretion to create a new rule that Congress did not enact.

If you wish to visit the United States temporarily or be  granted entry for a very specific period of time, you will need a non-immigrant visa. Combining a marriage-based application with an active asylum case can feel complex, but with careful preparation and the right legal guidance, many couples successfully navigate this process every year. For information about Form I-485, possible ineligibility, grounds of inadmissibility and other bars to adjustment of status, see the USCIS website. Most couples who apply for a Green Card after a K-1 visa will be scheduled for a USCIS interview within 6–12 months. K-1 applicants should note, nonimmigrant status automatically expires after 90 days of entry into the United States, and it cannot be extended.
The memo does not repeal INA §245(a), 8 U.S.C. §1255(a), and USCIS cannot eliminate adjustment of status by policy memorandum. The problem is that USCIS appears to be stretching them beyond their facts. Many of the cases arose in deportation or removal proceedings. Many involved applicants with adverse immigration histories, criminal records, preconceived intent issues, unauthorized employment, fraud concerns, or attempts to reopen long-final proceedings.