Helping You Turn Your American Dream Into A Reality

Securing Permanent Residence Through Marriage – Green Cards Through Marriage

No one marries with the desire to live in two separate countries or for their spouse not to be able to live, work, and travel freely in the U.S. If you are a U.S. citizen, your spouse is considered an immediate relative and is immediately eligible for an immigrant visa if your petition is approved. However, the process can be challenging for the average person to deal with alone, especially if English is not your first language.

At Alano Immigration in San Francisco, I have over 20 years of experience with family- and marriage-based immigration cases across the country. I can help you reunite with your spouse as efficiently and smoothly as possible. I am Certified as a Legal Specialist in Immigration and Nationality Law by the Board of Legal Specialization of The State Bar of California. Because of my extensive experience in immigration, I can understand the big picture in your case and provide you with the right strategy and guidance.

I understand the complex rules, requirements, and procedures and will help you comply with USCIS policies so that your application is accepted without additional delay. I can advise you regarding what you need to do, as well as help you collect and prepare all of the documents needed in addition to the application. For those with interviews in the U.S., I prepare the clients for and appear with them at their interviews. You will work with me throughout your case, not as a less experienced associate or paralegal.

U.S. immigration law allows you to petition for your spouse’s visa if you are a citizen or a lawful permanent resident (i.e., you have a “green card”). The process can require action from both you and your spouse. I can help you coordinate these filings, even if you currently live in different countries thousands of miles apart. I will advise you on the fastest and most secure way of ensuring that you and your spouse can be reunited or continue to live together in this country.

Conditional Residents

I can also help you remove the conditions on residence if you have been married less than two years when you are granted lawful permanent resident status. While the two-year rule exists to prevent immigration fraud, you can still obtain a marriage-based visa without having to wait until your second anniversary. As your immigration lawyer, I will help you apply to remove the residence conditions.

Conditional Residence

If you and your spouse have been married for less than two years at the time the foreign national spouse has been admitted as an immigrant, then he or she will be a conditional resident rather than a permanent resident. This bright line rule was created by the government to help prevent sham marriages. You and your spouse must apply to remove the conditions on residence during a 90-day window before the two-year anniversary date of admission. Otherwise, the resident status will be terminated, and the foreign national spouse will be put into removal proceedings in the Immigration Court. If you are married two years or more at the time of the approval, then the spouse will be a lawful permanent resident. This process applies whether one applies for adjustment of status or an immigrant visa.

Gay Marriage And Immigration

Since the June 2013 landmark Supreme Court ruling holding Section 3 of the Defense of Marriage Act (DOMA) unconstitutional, I have helped a number of same-sex couples obtain permanent residence for the foreign national spouse and apply for same-sex fiancé visas, as well as immigrant visas and adjustment of status cases based on gay marriages. As long as the marriage is valid in the state or jurisdiction where it took place, U.S. Citizenship and Immigration Services and the State Department will recognize it.

Same-sex spouses are now equally eligible for the same immigration benefits as opposite-gender spouses. I am passionate about helping same-sex couples be able to stay together.

Adjustment Of Status

What is it?

Adjustment of status is the process where eligible foreign nationals can apply for lawful permanent resident status from within the U.S. rather than return to their home country to apply for an immigrant visa.

What do you mean by “adjustment”? What do you mean by “status”?

“Status” is one’s immigration status. It is basically a category that the U.S. Citizenship and Immigration Services (USCIS for short) and Department of State put you in. They may classify you as a visitor for business or pleasure, for example, or as a student, as a nonimmigrant temporary worker, or as a lawful permanent resident. The goal of adjustment of status is to adjust your status to that of a lawful resident. To apply for adjustment of status, you must meet the eligibility criteria and have a visa number available. Not everyone is eligible to apply for adjustment of status. Eligibility should be determined on a case-by-case basis by an immigration attorney as a number of factors can come into play, and if your case is denied, the foreign national spouse may be placed in removal proceedings. If the foreign national spouse is not eligible but may overcome the ineligibility, I can also advise you on how to do so and the risks involved.

Contact Alano Immigration

Call 415-413-8472 or send me an email to schedule a consultation about your U.S. immigration law issues. I offer convenient and cost-effective consultations in which potential clients discuss their possible cases with me and learn about their options from an experienced immigration attorney.