QUESTION
Married for 16 years to a US citizen how can I get my green card?
Asked on May 11th, 2013 on Immigration - Michigan
More details to this question:
I came to us legally on a student visa. Never went back but my status was illegal after I quit school and stayed in USA. I got married to a US born citizen in 1997 and been married ever since but missed my interview. Me and my wife were always fighting and living in separate houses. Finally, after 16 years we getting back together. Can I apply for a green card now? How long will it take to get my permanent green card?
7 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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The first thing to do in your case is to find out exactly where do you stand with the USCIS, what was the decision when you missed your interview. It is likely that USCIS issued in your name a notice to appear before the Immigration Court and that the Immigration Court ordered your deportation. If so, these problems would have to be cleared up before your case might be re-set on the track to a green card. Since it is not the kind of a case that can make a successful do-it-yourself weekend project, you might want to find a competent immigration attorney.
Answered on May 15th, 2013 at 7:44 AM
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You can and should apply for the green card. The process, in New Jersey, takes about six (6) months.
Answered on May 13th, 2013 at 2:20 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. You can apply again assuming that you haven't been deported. The entire process takes about 3 months from start to finish if done right.
Answered on May 13th, 2013 at 2:20 PM
If the marriage is bona fide and if you were never placed into removal proceedings when you did not show up for your interview, you can apply for your green card on the basis of marriage now. Usually it takes about 4-6 months before an interview is scheduled. However, again, if you were ever placed into removal proceedings, even though you may be unaware of that, it may take significantly longer.
Answered on May 13th, 2013 at 2:20 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Based on your statements, it would appear as if you are eligible to apply for your green card now on the basis of being married to a US citizen. The process is called adjustment of status. Your wife will need to submit an I-130 petition on your behalf and you will need to apply for adjustment of status concurrently on form I-485.
Answered on May 13th, 2013 at 2:20 PM
You should be able to file a new I-130 and I-485 if your marriage is a real one. Will take about 6 months to a year to complete the process if there are no issues.
Answered on May 13th, 2013 at 2:19 PM
Your case is unusual, not easy, but probably doable with assistance of a persistent immigration attorney and sufficient appropriate documentation.
Answered on May 13th, 2013 at 2:19 PM