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Issues Surrounding Marriage-Based Immigration

On behalf of Sayer Regan & Thayer of Sayer Regan & Thayer, LLP posted on Thursday, January 27 , 2022.

By Christopher J. McNally Esq.

Immigration through marriage is a complex endeavor, one with complicated legal requirements, and regulations. Having an immigration attorney on your side is essential. Those who have entered the United States legally and are married to a current U.S. citizen (“Petitioner”) may be eligible to apply for adjustment of status for Legal Permanent Residency (“LPR”), commonly known as a “Green Card”.

The process starts with the completion and filing of Forms I-130 and I-485, along with any required supporting documents. Once filed, the United States Citizenship and Immigration Services (USCIS) will review the application and schedule background checks and interviews. However, the process is not guaranteed and USCIS may deny an application for a myriad of reasons.

1. Failure to Demonstrate a Bona Fide Marriage

USCIS is required to make sure the union is genuine before it grants an applicant LPR Status. At a minimum, an applicant must submit their valid marriage certificate and prove that the betrothed indeed share their lives together.

Applicants (Petitioner and Beneficiary) will have to attend an in-person interview and answer questions about their relationship. Your attorney can help properly prepare you for this interview to increase the likelihood of success.

2. Health Reasons

Along with your application you will have to undergo a thorough medical exam. If you have a communicable disease that threatens public health or can’t show proof that you have been vaccinated against vaccine-preventable diseases, you may be ineligible to adjust to LPR status.

3. Financial Reasons

Your application will be inadmissible if the USCIS believes you will become primarily dependent on the U.S. government for support. Your spouse (the “Petitioner”) will have to provide evidence that they have enough funds and income to support you (the “Beneficiary”). If the Petitioner has insufficient income or assets, a joint sponsor may be required.

4. Immigration Violations

To become a permanent resident, you must be “inspected and admitted” by an immigration officer to be in the United States. Unlawfully gaining entry or entering through willful misrepresentation can result in denial of permanent residency.

5. Criminal History

It is important to review your complete criminal history with your immigration lawyer prior to filling out an application, as certain crimes may make the Intended beneficiary Ineligible to adjust status.

6. Your Application

If your application is incomplete in any way, it may be denied. If this happens you may have to re-file. This is why it’s important to review your full immigration history with an immigration attorney before submitting your application.

Contact Sayer, Regan and Thayer for Immigration Law Issues

If you have more questions about the issues surrounding your marriage-based immigration, get in touch with us for a free consultation today at 866-378-5836 or click the Start Chat button now. Our team has vast experience handling all areas of immigration law, representing immigrants, non-immigrants, legal permanent residents, and citizens with immigration-related issues.

These materials have been prepared by SRT for informational purposes only and are not intended and should not be construed as legal advice.

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