OMG OMG OMG, I'M GETTING MARRIED!!!You’ve met “the one” and now plan to live happily ever after in the United States? Congrats on getting married!! Now, you would like to apply for a green card? Immigration law allows certain citizens, such as your spouse or an immediate relative to petition certain relatives to live here in the United States. However, certain steps must be taken in order to apply for a green card through your spouse or immediate relative. First, your U.S. citizen spouse or immediate relative must file Form I-130, which is a Relative petition. The purpose of this form is to establish that there is an immediate family relationship. Once the I-130 is either received or approved, you should receive Form I-797, stating that your I-130 form was either received or approved. Then, after receiving this notice, you must have your spouse or relative file Form I-485, which is an Adjustment of Status petition. There are two important distinctions that must be noted when filling out your application: whether you came to the United States legally or illegally. If you entered legally, it means that you received a valid non-immigrant visa such as a tourist, student, or temporary worker visa, and you were inspected by an officer of the U.S. border patrol at the entry site you entered, such as by air, sea or bus. If you entered legally and have overstayed your current visa, you must pick this option when filling out your application. If you have entered the United States illegally, you will not be eligible to file the Adjustment of Status. However, you may be able to do so if an employer or family member filed an immigrant petition on your behalf: before Jan 14, 1998 or between Jan 14, 1998 and April 21, 2001, and you can also prove that you were physically present in the U.S. on December 21, 2000. If you are not within the United States and you are an immediate relative of a U.S. citizen, you can in fact become a permanent resident through the process known as consular processing. This process involves the USCIS working with the Department of State to issue you a visa once you have an approved I-130 Form. Once everything has been approved, you may then travel to the United States and will officially become a permanent resident upon entering a U.S. entry port. Our attorneys are always here to help you. If you have any questions or concerns, please contact our office to schedule a private one-on-one private consultation. The Law Office of M. Ray Arvand, PC The Standard Oil Building 26 Broadway, 21st Fl. New York, NY 10004 212-323-7435
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