Green Card through Marriage - 10 Tips by Immigration Lawyer Carl Shusterman

A green card through marriage to a US citizen is the most common way to become a permanent resident. There is no limit on the number of people who can obtain a green card through marriage to a US citizen. The US citizen starts the process by submitting a form I-130 visa petition on behalf of his/her spouse. If the spouse entered the US lawfully, he/she can file for Adjustment of Status (Form I-485) at the same time and can get a green card without having to leave the US.

If you entered the United States with a visa (or ESTA) and got married after 90 days to a U.S. citizen, you are probably eligible to submit an application to adjust your status to lawful permanent resident.  Approximately one year after you submit your application, you and your spouse will need to appear for a green card marriage interview with the USCIS.

In the present environment, there are so many things that can go wrong at your interview. However, if you and your spouse take the time to prepare for your interview, most (if not all) of these negative outcomes can be avoided.

Spend some time with your spouse studying the questions & answers on:

The I-130 Visa Petition;

The I-485 Application for Adjustment of Status;

The I-864 Affidavit of Support; and

Any other documents which you submitted to the USCIS.

Your History

When and where did you meet?

Who introduced you to each other?

Where was your first date?

When did you meet each other’s parents?

What are the names of your spouse’s father and mother?

Your Wedding

What did your spouse wear at your wedding?

Who attended your wedding?

Where did the wedding take place?

Were your parents there?

Where did you go on your honeymoon?

Your Relationship

When is your spouse’s birthday?

Where have you gone on vacation together?

What is your spouse’s religion?

When is your anniversary?

Do you live together 24/7?

Who takes care of household finances?

Your Daily Life

Which side of the bed do you sleep on?

Do you have any pets?

How does your spouse get to work?

How many bedrooms are there in your house/apartment?

Your Friends and Family

How often do you see each other’s families?

When was the last time you saw your spouse’s parents?

What are the names of your spouse’s brothers and sisters ?

What’s your spouse’s best friend’s name?

Education

Where did your spouse go to school?

Did he/she go to college?

What subject did your spouse major in?

Does your spouse have a college degree?

Employment

Where does your spouse work?

What is your spouse’s occupation?

How long has your spouse been working there?

What is your spouse’s salary?

Documents You Should Bring to Your Green Card Marriage Interview

Proof of US Citizenship of the Petitioning Spouse 

Certified copy of U.S. Birth Certificate; or

Certificate of Naturalization

Copy of Your Marriage Certificate

Copy of Termination of Any Prior Marriages

Your Passport

Proof of Lawful U.S. Entry

Drivers Licenses

Jointly Filed Income Tax Returns

Joint Lease Agreement

Joint Bank and Checking Accounts

Joint Insurance Policies and Credit Cards

Wedding Photos

If your marriage is less than 2 years old when your green card is granted, it will expire in 2 years. You and your spouse must submit a form I-751 joint petition during the 90-day period prior before the expiration of your green card in order to obtain a 10-year green card.

For more information, please see

https://www.shusterman.com/green-card-through-marriage/

Subscribe to our Free E-Mail Immigration Newsletter at

https://www.shusterman.com/email-subscription/ 

Schedule Legal Consultation at

https://app.acuityscheduling.com/schedule.php?owner=20778848 

New Health Insurance Requirement - Who Does It Apply To?

The new health insurance requirement for persons applying for green cards abroad was scheduled to go into effect on November 3, 2019.  It could prevent hundreds of thousands of persons from getting green cards. However, on November 2, 2019, a Federal Judge issued a nationwide temporary restraining order which blocks the implementation of the health insurance requirement. Below, we explain the new health insurance requirement, who it applies to and whether it is likely that it will become effective on November 3. We also provide links to relevant web pages and will continue to update this article as deadline approaches.

Health Insurance Requirement

In a statement dated October 4, President Trump put announced a Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System.

The Proclamation provides as follows:

"(a)  The entry into the United States as immigrants of aliens who will financially burden the United States healthcare system is hereby suspended and limited subject to section 2 of this proclamation.  An alien will financially burden the United States healthcare system unless the alien will be covered by approved health insurance, as defined in subsection (b) of this section, within 30 days of the alien’s entry into the United States, or unless the alien possesses the financial resources to pay for reasonably foreseeable medical costs." In other words, a consular officer at a U.S. Embassy or Consulate abroad may deny an immigrant visa to a person who lacks health insurance in the U.S. or who he/she believes is likely to obtain healthcare benefits which are even partly subsidized by U.S. taxpayers.   This would includes not only Medicaid, but even coverage which is, in part, subsidized under the Affordable Care Act (aka Obamacare). Therefore, it is important that persons sponsoring their relatives for green cards help them to obtain private health insurance in the U.S. before they attend their immigrant visa interviews abroad.

Does the New Health Insurance Requirement Apply To You?

Unlike the proposed Public Charge Rule which applies to nearly everyone, the new Health Insurance Requirement applies only to persons who are applying for green cards at U.S. Embassies and Consulates abroad. It does not apply to persons who are applying to adjust their status in the U.S.  Nor does it apply to those applying for temporary visas or to extend or change their nonimmigrant status in the U.S.

Furthermore, the Proclamation states that it does not apply to  

• Persons who already have green cards;
• Returning residents;
• Children of U.S. citizens;
• Refugees;
• Persons from Iraq or Afghanistan who qualify for Special Immigrant Visas;
• Certain parents of U.S. citizens; and
• A variety of other classes of immigrants.

Despite this, the Migration Policy Institute estimates that "the new health insurance requirement could prohibit the entry of roughly 375,000 immigrants annually — mainly family-based immigrants who make up the majority of those getting green cards from abroad." Since most employment-based immigrants adjust their status in the U.S., they are not subject to the new requirement. One exception, however, is registered nurses, who, due to the absence of temporary working visas, must immigrate from abroad. It is, therefore, incumbent on their sponsoring employers to include in their contracts a clause which guarantees that they and their spouses and children will receive health insurance within 30 days of their arrival in the U.S.

Will the Health Insurance Requirement Go Into Effect on November 3, 2019?

We can expect this new proclamation to be challenged in court before its scheduled implementation on November 3. If so, Federal Judges may issue injunctions preventing the Administration from enforcing the proclamation just like the many executive actions targeting legal immigration before it. With the timing of this proclamation so near to the Health Insurance Marketplace’s open enrollment period — which begins on November 1 and ends on December 15 — both health care and immigrant advocates will push against the administration’s attempts to disrupt the health insurance market and target a legal path to immigration. Otherwise, persons who have been waiting in line for green cards for many years, or even decades, could be blocked from reuniting with their families in the U.S. by reason of this last minute executive overreach.

Health Insurance Requirement - Additional Resources

• Judge Blocks Trump’s Plan to Bar Immigrants Who Can’t Pay for Health Care (11-02-19)
• US Sued Over Health Insurance Rule For Immigrant Families (10-31-19)
• Health Insurance Test for Green-Card Applicants Could Sharply Cut Future U.S. Legal Immigration
• Letter from 2 Senators to HHS Secretary Opposing the Presidential Proclamation (10-22-19)

How-To Immigration Videos

At our law firm, we believe the best decision makers are people who are properly informed about immigration laws and policies. For this reason, we have created “how-to” videos to educate individuals about our changing immigration system. If you have any additional questions or inquiries, please visit our website shusterman.com or give us a call at 213-623-4592 ext. 0 to schedule a consultation. 

US Citizenship Videos

US Citizenship through Naturalization (Part One)
US Citizenship through Naturalization (Part Two)
US Citizenship through Parents & Grandparents

How to Get a Green Card

Green Card through Marriage
Green Cards for Family Members

Employment-Based Videos 

How to Get a Green Card through Employment
Understanding the Visa Bulletin: Employment-Based Categories
EB5 General Overview
EB-5 Investor Visas
Direct EB-5s
H-1B Visa Guide: What You Need to Know  
H-4 Spouses: Apply for EADs
L Visas for Executives and Managers
L Visas for Persons with Specialized Knowledge
O Visas for Persons of Extraordinary Ability
P Visas for Entertainers, Athletes and Artists

Adjustment of Status Videos 

Adjustment of Status
Benefits of Section 245(i) Adjustment of Status

Immigration Help for Registered Nurses

US Immigration for Registered Nurses
Immigration for Nurses: Free Legal Assistance
Immigration for Nurses: Consulate Green Card Process

Child Status Protection Act (CSPA) Videos 

CSPA Case Heads to the Supreme Court
How the Child Status Protection Act Can Help You (Part 1) 
How the Child Status Protection Act Can Help You (Part 2) 

Immigration Assistance for Physicians & Medical Graduates 

Physician Immigration: A Step-by-Step Guide 
Physician: Non-EB Immigration
Physicians: Federal IGA Waivers
J Status for IMGs: The Consequences
J Waivers for IMGs – Part 1 J Waivers for IMGs – Part 2
Conrad 30 Waivers for Physicians

Provisional Unlawful Presence Waiver Videos 

Unlawful Presence Bars and Waivers
I-601A Provisional Waivers
I-601A Provisional Waivers: Expanded Coverage

Surviving an I-9 Audit 

How to Survive an I-9 Audit (Part 1)
How to Survive an I-9 Audit (Part 2)

Best Strategies for Winning Your Immigration Court Case

How to Win Your Case in Immigration Court Winning Your Case in Immigration Court Canadian Orphan Gains Permission to Join Family in the U.S Honor Student Beats Deportation How to Win Your Asylum Case Cancellation of Removal for Non-Permanent Residents

Stop Your Deportation Under Pereira V. Sessions

How to Stop Deportation Under Pereira v. Sessions
Stop Deportations Under Pereira v. Sessions

Family-Based Immigration 

Family Preference Categories: An Introduction
Family-Based Immigration: Speeding Up Your Case
Understanding the Visa Bulletin: Family-Based Categories

The Law Offices of Carl Shusterman on News Outlets

CNN Interviews Attorney Angeline Chen about Situation at the Mexican Border Attorney 
Shusterman on CBS News: Melania Trump & Chain Migration?
Discussion on Trump's Immigration Ban on ABC 7
Attorney Angeline Chen on CTV News

Other Immigration Assistance Videos 

Free Immigration Assistance
How to Select an Immigration Lawyer
How to Get a Copy of your Immigration File
Preparing for Your USCIS Interview
What to Do After TPS Ends Paths to Stay Here Legally
DACA: How to Qualify
I-751 Waivers: The Essential Guide
Federal Interested Government Agency (IGA) Waivers
Comprehensive Immigration Reform in 2009 Senate Testimony  

Recursos y Ayuda Migratoria (Videos en Español)

Residencia permanente por matrimonio
Cómo obtener una tarjeta verde a través del matrimonio
Cómo ganar en la corte de inmigración
Cómo ganar su caso de asilo
Cancelación de deportación para residentes no permanentes
Estudiante con honores le gana a la deportación
Cómo convertirse en ciudadano estadounidense (Parte 1)
Cómo convertirse en ciudadano estadounidense (Parte 2)
Ciudadanía estadounidense a través de padres y abuelos
Exenciones provisionales I-601A
Reforma migratoria: lo que debe saber
Cómo elegir un abogado de inmigración
Abogado Shusterman ante el senado de EE. UU.

Green Card through Marriage (Videos in Mandarin & Korean)

혼인을 통한 영주권 취득
美國結婚移民   

Orphan Gets Green Card

Former INS Trial Attorney Carl Shusterman (1976-82) explains how a 16-year-old orphan from Canada was allowed to obtain a green card. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

One afternoon, I received a phone call from a newspaper reporter about a teenager in Canada named Guy Taylor whose mother had died unexpectedly.  He never knew his father.  His grandparents, aunts, uncles and cousins all lived in Southern California.  He called his grandmother who immediately flew up to Vancouver to get her daughter's body and to bring her grandson to the US to live with her and her husband.

The INS was reluctant to allow Guy to enter the US, but eventually granted him a "humanitarian parole" good for one year.

I got involved in the case and quickly learned that there was no legal solution.  Since Guy was already 16 years old, even if his relatives adopted him, US immigration laws would not let them sponsor him for a green card.

The only possible solution was a huge long shot: getting a private bill through both the Senate and the House of Representatives and then signed by the President.

After we succeeded in getting a lot of publicity for our client, Senator Dianne Feinstein introduced a private bill in the US Senate on Guy's behalf.  This bill was ultimately signed by President Bill Clinton, and Guy became a green card holder.

As soon as Guy got his green card, he immediately joined the US Army.  He is now a proud citizen of the United States..

Please see http://shusterman.com/canadianorphangetsgreencard.html

Conrad 30 Waivers for Physicians

Former INS Attorney Carl Shusterman (1976-82) explains how foreign-born physicians can obtain J waivers under the Conrad 30 program.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Each state in the US (plus the District of Columbia, Puerto Rico and Guam) is permitted to sponsor up to 30 foreign-born physicians each year for J waivers under the Conrad 30 program.  See http://shusterman.com/jwaiversfordoctors.html#3

After the state recommends a physician for an Interested Government Agency (IGA), the waiver application must be approved by the State Department and ultimately by the USCIS.

Most of the physicians must work in medically-underserved areas for a minimum of 3 years to qualify.  While half a dozen states fill their quotas within a day or two, over 40 states have never had 30 qualified physicians apply for waivers.

States are now able, as well, to offer up to 10 FLEX waiver spots, for physicians agreeing to work in areas which are not designated as underserved, but that serve individuals residing in neighboring underserved communities.

Each state has its own rules regarding when and how physicians must apply for J waivers and we link to the websites of each state.  California is the only state which sponsors only primary care physicians, although if California is not close to using all of its 30 slots, during the last quarter of the federal fiscal year, it will sponsor specialists.

We have helped thousands of IMGs obtain J waivers, H-1B visas and green cards across the US for the past 30 years.

For additional information, see our Physicians Immigration Guide at http://shusterman.com/physiciansusimmigration.html

J Waivers for IMGs

Former INS Attorney Carl Shusterman (1976-82) discusses the requirements for physicians who have received J waivers.  Also discussed are O visas. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

States require that IMGs pass certain tests and complete a medical residency program in the U.S. before they can qualify for licenses.

US immigration laws compel thousands of IMGs to obtain “J-1″ visas in order to pursue medical residencies and fellowships in the U.S. By law, any IMG who uses a J-1 visa for this purpose is subject to the 2-year foreign residency requirement.

The law provides that the 2-year residency requirement may be waived under the following circumstances:

1) If the IMG can demonstrate that he cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion or political opinion;

2) If the IMG can prove that returning to his country would result in “exceptional hardship” to his spouse or children who are U.S. citizens or permanent residents; or

3) If the IMG is sponsored by an “interested governmental agency”.
Because waivers based on persecution or hardship are rare, most IMGs who seek waivers do so by searching for an interested governmental agency to sponsor them.

Typically, these IMGs will obtain an offer of employment in a Health Professional Shortage Area (HPSA) or in a Medically-Underserved Area (MUA) for a minimum of 3 years and will apply to either the State's Conrad 30 Program or a Federal Interested Governmental Agency (IGA) for a J waiver.

For additional information regarding the J waiver process, and for links to websites of the Conrad 30 and the Federal IGA programs, please see http://shusterman.com/jwaiversfordoctors.html

Physicians: Non-EB Immigration

Former INS Attorney Carl Shusterman (1976-82) explains how physicians can obtain permanent residence through marriage, relatives, visa lottery, etc. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Quite a few of the thousands of IMG physicians that we have obtained J waivers for do not have to go through either the PERM or the NIW process in order to get green cards.

Many of them are married to US citizens.  It is usually a quick and simple process to get a green card through your spouse.  See http://shusterman.com/greencardsthroughmarriage.html

Other physicians have spouses who qualify for green cards either through employment or through relatives while the physicians are fulfilling their 3-year J waiver employment.  Some physicians are married other physicians, to registered nurses or to other professionals.  See http://shusterman.com/greencardsthroughemployment.html and http://shusterman.com/greencardsthroughrelatives.html

Finally, there are a few physicians who win the Visa Lottery, qualify as EB-5 Investors or for asylum.

For more information please visit our Physicians Immigration Guide:  http://shusterman.com/physiciansusimmigration.html

Physicians: EB Immigration

Former INS Attorney Carl Shusterman (1976-82) explains how physicians can obtain permanent residence through their employment. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Most physicians who obtain permanent residence in the US through their jobs do so ever through (1) the PERM process or by (2) obtaining a National Interest Waiver (NIW).

The physician's employer can advertise the job, and then submit a PERM application to the US Department of Labor showing that no qualified US physicians applied for the job.  There is no requirement that the physician remain working for the sponsoring employer for any specific period of time.  However, since most International Medical Graduates (IMG) pursue their medical residencies and fellowship in J-1 exchange visitor status, they are subject to a 2-year home residency requirement.  In order to qualify for a "J waiver", the physician must enter into a 3-year contract with an employer in a medically-underserved area or with the Veterans Administration (VA).

Alternatively, if the physician if willing to work for the VA or in a medically-underserved area for a minimum of 5 years, he/she is eligible to immigrate through a National Interview Waiver (NIW).  Please see http://shusterman.com/nationalinterestwaiversphysicians.html

Over the past 30+ years, we have obtained green cards for thousands of physicians using both PERM applications and NIWs.  Our law firm won a landmark case in Federal Court, Schneider v. Chertoff,  which forced the USCIS to remove restrictions on the ability of physicians to qualify for NIWs.  See http://shusterman.com/pdf/physicians-nationalinterestwaivers2007.pdf

See some of our physicians success stories at http://shusterman.com/physiciansusimmigration.html#2

Physicians: Federal IGA Waivers

Former INS Attorney Shusterman (1976-82) discusses how a physician can obtain a J waiver through a Federal Interested Government Agency (IGA). Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Interested Federal Government Agencies include:

(1) Veterans' Administration (VA)

If a VA hospital hires a physician who has completed his medical residency or fellowship as J exchange visitor, they can sponsor the doctor for a waiver of the two-year home residency requirement.

The doctor must sign a three-year contract with the VA.  There is no need for him to work in a HPSA or a medically-underserved area.

(2) Department of Health and Human Services (HHS)

HHS will sponsor both primary care physicians with job offers in medically-underserved areas as well as researchers for J waivers.  These physicians/researchers must fulfilled the obligations of their  3-year contracts.

(3) Appalachian Regional Commission (ARC)

Under certain circumstances, the Appalachian Regional Commission will request a waiver of immigration requirements for foreign-trained physicians doing residency work in the United States under a J-1 visa. Physicians receiving these waivers must practice for at least three years in rural Appalachian areas that suffer significant shortages of health care providers. These areas, called Health Professional Shortage Areas, are identified by the U.S. Public Health Service.


(4) Delta Regional Authority (DRA)

The DRA recommends J-1 visa waivers to the State Department. A J-1 visa waiver obtained under the Delta Doctors program allows graduates to stay in the US if they spend at least 3 years in a medically under-served area. The physicians must provide primary care in their specialty fields for at least 40 hours a week. The Delta Doctors program also accepts waiver requests for medical specialists.  Physicians must also provide care to the indigent, Medicaid recipients, and Medicare recipients.

For more information, please see http://shusterman.com/internationalmedicalgraduatesimmigration.html

Immigration Court: How to Win Your Case

Former INS Attorney Carl Shusterman (1976-82) describes how you can win your case in Immigration Court. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Our immigration attorneys have successfully defended thousands of clients in Immigration Court, before the Board of Immigration Appeals and in Federal Courts across the United States for the past 30+ years.  We have obtained the following benefits for our clients: adjustment of status, asylum, withholding of removal, Convention Against Torture (CAT), various types of waivers, cancellation of removal, VAWA, US citizenship and more.

See some of our Deportation Defense Success Stories.

See our Adjustment of Status page.

To see if you qualify for Asylum, Withholding of Removal and/or the Convention Against Torture (CAT),  see http://shusterman.com/asylumusimmigration.html

For information about Cancellation of Removal, see
http://shusterman.com/cancellation-of-removal-for-permanent-residents.html

and

http://shusterman.com/cancellation-of-removal-for-non-lprs.html


For Immigration Consequences of Criminal Convictions, see
http://shusterman.com/criminaloffensesusimmigration.html


To see whether you qualify for a Waiver of a Criminal Conviction, see
http://shusterman.com/212h-waivers.html

To see how to qualify for a Fraud Waiver, see
http://shusterman.com/fraud-waivers-section-212i.html