Can I Still Apply for a Green Card?
It gives you the right to live and work in the United States permanently. Our immigration lawyers can represent you during the marriage-based green card interview, providing valuable support and guidance. We advocate for your best interests, ensuring a smooth and successful interview experience. At Francis Law Center, we guide couples through every stage of the marriage-based green card process from our offices in Chicago, Illinois, Schaumburg, Illinois, and Madison, Wisconsin. Whether you live in Cook County, Lake County, DuPage County, the greater Chicagoland area, Madison, WI, Milwaukee, WI, or Wisconsin, our team is ready to help.
The spouse visa USA needs evidence your marriage is genuine. Then your birth certificate with English translation. Also, police certificates from every country you lived in. Throughout the process, your immigration lawyer family immigration lawyer monitors any changes that may affect your case.
Yes, if you’re married to a U.S. citizen, you can often adjust status despite an overstay, as immediate relatives are generally exempt from unlawful presence bars for this purpose (INA § 212(a)(9)(B)(iv)). However, complex cases—like prior removal orders—require legal guidance to address inadmissibility. Curious about how age gaps affect marriage green card applications? Learn about USCIS scrutiny, red flags, and effective navigation strategies... The U.S. citizen or permanent resident spouse must demonstrate the ability to financially support the non-citizen spouse above a certain income threshold. This requirement ensures that the non-citizen will not become a public charge.
With a dedicated team of experienced lawyers and a commitment to excellence, we have established ourselves as a trusted provider of legal solutions for individuals and businesses alike. In 2026, the timing difference between K-1 and spousal visas has narrowed. With consular processing for marriage visas facing similar timelines to get to the U.S., the choice often comes down to whether you want to marry abroad or in the United States. Some couples consider the K-1 fiancé visa as an alternative to spousal sponsorship.
Those cases matter where the applicant has criminal history, fraud, unauthorized employment, preconceived intent, status violations, or removal proceedings. They do not establish that availability of consular processing, standing alone, is an adverse factor that can justify denial. That distinction will be central if USCIS applies the memo aggressively. Section 245(k) is a statutory forgiveness provision for many employment-based applicants. It allows certain employment-based applicants to adjust despite limited unauthorized employment, failure to maintain status, or status violations, if the violations remain within the statutory limit.
With a Green Card, the foreign spouse can travel internationally and reenter the United States without the need for additional Visas or entry permits. This freedom to travel facilitates visits to home countries, reunions with family and friends, and exploration of new destinations. Green Card through marriage works when couples work together. Then check the edition date matches current requirements. Plus, mixed form editions cause immediate rejection now.
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.
"USCIS is trying to upend decades of processing of adjustment of status," said Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association. "This all applies very broadly to anyone seeking a green card." For marriage-based adjustment of status inside the U.S., you generally must have entered lawfully. If you entered without inspection, your options may be limited, and you’ll need to talk to an attorney about possible waivers or other strategies.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.
The timeline for obtaining a green card through marriage can vary significantly based on individual circumstances and government processing times. Generally, when the application is submitted, receiving the green card may take ten months to 2 years. For those applying within the U.S. through adjustment of status, the process typically ranges from 12 to 24 months. The timeline for those using consular processing is often between 10 to 16 months, as the National Visa Center (NVC) and the U.S. embassy or consulate abroad manage these applications. Several factors influence these timelines, including the workload at USCIS service centers, the completeness of the submitted documentation, and any potential requests for further evidence. Therefore, while the average processing time ranges from 10 months to 2 years, applicants should be prepared for possible variations.
Carry both documents together to demonstrate your current status to employers. Visit our removal of conditions lawyer page to learn more, or contact us directly to discuss your situation. You can travel internationally with your expired green card and I-797C receipt notice together. Trips under one year generally do not create problems. Longer absences may raise questions about your intent to maintain permanent residence. USCIS also watches for red flags such as marriages shortly after divorce, big age differences, limited shared financial history, or very short relationships.
An experienced immigration lawyer simplifies the process and helps you avoid common pitfalls. Working without proper authorization can negatively impact your green card process and result in immigration penalties. Consulting with an immigration attorney is highly recommended to ensure that your marriage green card application and work authorization are handled correctly. The application process for a marriage green card can be complex and time-consuming.
The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! The U.S. citizen spouse has significant financial responsibilities during the green card application process.
You can live and work anywhere in the country without restrictions. Permanent residents enjoy most of the same rights as U.S. citizens. You can own property, attend public schools, and access certain government benefits. We understand the importance of timely processing for marriage-based green card applications. Our marriage Green Card lawyers work diligently to ensure that all paperwork is submitted promptly and that your case moves forward smoothly. We strive to minimize delays and expedite the process as much as possible.
The spouse visa USA needs evidence your marriage is genuine. Then your birth certificate with English translation. Also, police certificates from every country you lived in. Throughout the process, your immigration lawyer family immigration lawyer monitors any changes that may affect your case.
Yes, if you’re married to a U.S. citizen, you can often adjust status despite an overstay, as immediate relatives are generally exempt from unlawful presence bars for this purpose (INA § 212(a)(9)(B)(iv)). However, complex cases—like prior removal orders—require legal guidance to address inadmissibility. Curious about how age gaps affect marriage green card applications? Learn about USCIS scrutiny, red flags, and effective navigation strategies... The U.S. citizen or permanent resident spouse must demonstrate the ability to financially support the non-citizen spouse above a certain income threshold. This requirement ensures that the non-citizen will not become a public charge.
With a dedicated team of experienced lawyers and a commitment to excellence, we have established ourselves as a trusted provider of legal solutions for individuals and businesses alike. In 2026, the timing difference between K-1 and spousal visas has narrowed. With consular processing for marriage visas facing similar timelines to get to the U.S., the choice often comes down to whether you want to marry abroad or in the United States. Some couples consider the K-1 fiancé visa as an alternative to spousal sponsorship.
Those cases matter where the applicant has criminal history, fraud, unauthorized employment, preconceived intent, status violations, or removal proceedings. They do not establish that availability of consular processing, standing alone, is an adverse factor that can justify denial. That distinction will be central if USCIS applies the memo aggressively. Section 245(k) is a statutory forgiveness provision for many employment-based applicants. It allows certain employment-based applicants to adjust despite limited unauthorized employment, failure to maintain status, or status violations, if the violations remain within the statutory limit.
With a Green Card, the foreign spouse can travel internationally and reenter the United States without the need for additional Visas or entry permits. This freedom to travel facilitates visits to home countries, reunions with family and friends, and exploration of new destinations. Green Card through marriage works when couples work together. Then check the edition date matches current requirements. Plus, mixed form editions cause immediate rejection now.
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.
"USCIS is trying to upend decades of processing of adjustment of status," said Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association. "This all applies very broadly to anyone seeking a green card." For marriage-based adjustment of status inside the U.S., you generally must have entered lawfully. If you entered without inspection, your options may be limited, and you’ll need to talk to an attorney about possible waivers or other strategies.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.
The timeline for obtaining a green card through marriage can vary significantly based on individual circumstances and government processing times. Generally, when the application is submitted, receiving the green card may take ten months to 2 years. For those applying within the U.S. through adjustment of status, the process typically ranges from 12 to 24 months. The timeline for those using consular processing is often between 10 to 16 months, as the National Visa Center (NVC) and the U.S. embassy or consulate abroad manage these applications. Several factors influence these timelines, including the workload at USCIS service centers, the completeness of the submitted documentation, and any potential requests for further evidence. Therefore, while the average processing time ranges from 10 months to 2 years, applicants should be prepared for possible variations.
Carry both documents together to demonstrate your current status to employers. Visit our removal of conditions lawyer page to learn more, or contact us directly to discuss your situation. You can travel internationally with your expired green card and I-797C receipt notice together. Trips under one year generally do not create problems. Longer absences may raise questions about your intent to maintain permanent residence. USCIS also watches for red flags such as marriages shortly after divorce, big age differences, limited shared financial history, or very short relationships.
An experienced immigration lawyer simplifies the process and helps you avoid common pitfalls. Working without proper authorization can negatively impact your green card process and result in immigration penalties. Consulting with an immigration attorney is highly recommended to ensure that your marriage green card application and work authorization are handled correctly. The application process for a marriage green card can be complex and time-consuming.
The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! The U.S. citizen spouse has significant financial responsibilities during the green card application process.
You can live and work anywhere in the country without restrictions. Permanent residents enjoy most of the same rights as U.S. citizens. You can own property, attend public schools, and access certain government benefits. We understand the importance of timely processing for marriage-based green card applications. Our marriage Green Card lawyers work diligently to ensure that all paperwork is submitted promptly and that your case moves forward smoothly. We strive to minimize delays and expedite the process as much as possible.
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