Perhaps the biggest benefit of US
immigration is the opportunity to receive permanent resident status and secure
a green card. Obtaining a green card through marriage is a right, say Illinois
immigration lawyers. However, some tend to abuse this right and get involved in
a sham marriage with a US citizen for the sole purpose of obtaining a green
card.
Therefore, every green card applied for
through marriage is closely examined by the USCIS in order to make sure that
the case is genuine. Any foreign spouse can become a lawful permanent resident
easily as an immediate relative of a US citizen compared to any non-related
foreigner.
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Filing
the Petition for Alien Relative
Illinois immigration lawyers reiterate
that the first step towards obtaining an alien resident status is to file USCIS
form I-130. The petition establishes the foreign spouse’s relationship with the
US resident. The alien spouse seeking immigration and the US citizen must
submit details about their biographic information vide form G-325A.
Both applicants have the onus to prove the
marriage is bona fide. In addition, both applicants must submit proof of a
valid marriage along with supporting documents such as marriage and birth
certificates, and joint credit card statements, if available, to name a few.
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Adjustment
of Status
Apart from form I-325A and I-130, the US
resident’s spouse can file for ‘adjustment of status’ via form I-485, Affidavit
of Support, Medical Report, EAD or employment authorization document, the
Advance Parole, related photographs and the applicable fee. Once the documents
are submitted a biometric or fingerprint appointment is scheduled.
The next step in the process is the
immigration interview, which is usually held at the nearest USCIS Service
Center. If all the documents are in order the authorities may grant the spouse
Permanent Residence status following the interview.
Conditional
Green Card
Couples that apply for a green card
prior to their second marriage anniversary are granted a ‘conditional green
card’. This indicates that they are lawful permanent residents but will have to
upgrade their status. The onus is on the couple to contact the USCIS for an
immigration interview which will feature a round of personal and challenging
questions to rule out that their marriage is not a sham or there could be criminal charges levied, caution Illinois immigration
lawyers.
Now if you want to see a sham marriage
just watch the show House with the eponymous House (Hugh Laurie) marrying Dominika
House (Karolina Wydra). This was in season 8. They did not sleep together, they
did not know each other that well, and at lease House was unwilling to show
that much affection towards her. This was a sham. House was breaking the law
again. House thought he was above the law, like Walter White from Breaking Bad.
They were both emotional loose cannons as well.
At least Dominika House did not have a
child though to just use the child to obtain free benefits which is what is
happening all the time now in America.
Children
of Alien Spouse
Children of alien spouse are required to
apply separately for permanent residence status via an I-130 which must be sent
together with all the other documents for review by the USCIS.
For the most part, the paperwork and the
process of obtaining permanent residency status or a
green card is complex. Besides, the procedures are likely to change from time
to time. Therefore, it is prudent to seek help from an Illinois immigration
lawyer to navigate the process and deal with the paperwork so you get it right
the first time.
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