Spouse of a U.S. Citizen (Within the U.S.)
Immigration Lawyer in San Jose and San Francisco
As a U.S. citizen you can apply for permanent residency for a spouse you
married inside this country who does not have this status. You must address
all immigration matters correctly with a full understanding of any difficulties
which exist. If your spouse is here illegally you must become informed
of the potential problems of making this application. You are urged to
immigration attorney in San Jose and San Francisco for skillful guidance.
If Your Spouse Came in Legally
In most cases, you may apply immediately for adjustment of status to permanent
resident with a concurrently field I-130 petition. Your spouse may also
apply for a work permit while the green card application is pending. Even
if your spouse has overstayed his or her visa, you may still apply. Your
spouse must remain in the country until the application is approved. If
your spouse leaves, he or she may be barred from returning for several years.
If the Spouse Came in Without Inspection
This application takes great care and underlying knowledge. Normally under
these circumstances your spouse will be required to leave the country
and apply at a U.S. Embassy or Consulate in order to return. There are
certain exceptions which would allow your spouse to have the interview
here in the United States, including qualifying under INA Section 245(i).
You need to seek the guidance of an attorney to handle this correctly.
If you have been married less than 2 years at the time of making this application,
your spouse will be granted a conditional lawful permanent residence valid
for 2 years. Approximately 2 months before the date of expiration you
need to file a petition with your spouse to make the conditional residency
permanent (I-751 Petition). USCIS may seek to deport your spouse if you
fail to act in time.
San Jose Immigration Attorney
Daniel Shanfield, Esq. Immigration Defense works with clients in the San
Jose area and throughout Northern California who seek permanent resident
status for their spouses. Our legal team is skilled in guiding clients
through the green card process and preparing petitions on their behalf.
Mr. Shanfield, our firm's lead attorney, is a veteran at expediting
immigrant visa petitions and overcoming potential grounds of disqualification.
Our clients benefit from his unique insights as a former U.S. Immigration
and Naturalization Service attorney and extensive knowledge of immigration law.
Contact an immigration lawyer in San Jose and San Francisco
at our firm for seasoned guidance in obtaining permanent residency status
for your spouse.