Green Card Marriage Lawyers

That would convert discretion into a new threshold requirement. It would also create tension with multiple statutory provisions, including INA §245(a), §245(d), §245(k), and §245(n). Other immigrants included in the memo are those who have overstayed their visas, and those who have humanitarian parole. Officers are instructed to keep this principle at the center of their decision-making, reinforcing that even applicants who meet all eligibility requirements are not entitled to approval. The change could have a major impact on thousands of immigrants who might usually remain in the U.S. while their applications are pending, one former official told Newsweek.
Ify Ikeakanam Law Firm is a great service I ever received. Her and the teams were both family immigration lawyer working hard and professionally to seek family based immigration for better resettlement here in United States. I will recommend anyone who is seeking immigration services for advice. Once those documents are submitted and reviewed, both spouses participate in in-person interviews with a USCIS official. These occur in a USCIS office for people living in the U.S. or at the U.S. embassy if one or both spouses are living abroad. The intent of the interview is to ascertain that both spouses are in an eligible marriage.

For E-2 investors in particular, the analysis may be fact-sensitive. USCIS may scrutinize statements made at the visa stage, timing of the immigrant filing, and whether the applicant remained compliant with E status. A clean record of compliance should be central to the discretionary presentation. A different problem arises if USCIS uses the memo to create a quasi-rule that adjustment should be denied unless the applicant shows extraordinary circumstances.
To qualify for a marriage-based green card, you must be legally married to a U.S. citizen or green card holder. Your marriage must be in good faith, not intended solely for an immigration benefit. Obtaining a green card through marriage can be a long and complicated process, but it is possible with the right preparation and attention to detail. If you are considering applying for a green card through marriage, it is important to consult with an experienced immigration attorney who can guide you through the process and help you avoid common pitfalls. It is important to understand both your rights and responsibilities as a green card holder.
Hiring an Immigration Lawyer can add legal fees, but it’s a smart investment to avoid delays, denials, or requests for evidence (RFEs). Here are the answers to some of those most frequently asked. Read the reviews below to see what our clients have to say.

If you've been married for less than 2 years while your spouse is granted permanent resident status, your spouse is conditionally given permanent resident status. After you’ve been married for a certain period of time, you and your spouse will apply together to remove the conditions of residence using Form I-751, Petition to Remove the Conditions of Residence. After a successful removal of conditions, your foreign spouse will become an official green card holder. If your marriage takes place overseas and you wish to bring your spouse to live in the United States, you must first file a marriage green card. A marriage green card or a marriage based Immigrant Visa must be filed by a U.S. citizen or permanent resident no matter where you get married. On the other hand, a marriage with a U.S. citizen, the spouse is considered an “immediately relative” of the U.S. citizen spouse.
These issues do not always bar approval, but they often require explanation and supporting records. Your Alexandria marriage immigration lawyer can help. Your Alexandria, VA marriage immigration lawyer can walk you through your next steps.

It's important to note that the benefits provided by the Cuban Adjustment Act are specifically designed for Cuban nationals and their family members. These provisions create a more streamlined and favorable pathway for eligible Cubans to obtain green cards through marriage under this particular immigration relief program. You don’t have to wait for any particular period before applying for a green card. As soon as you are legally married, you can start your green card process, regardless of your location. The time it takes to get a green card through the marriage of a green card holder is approximately four years.
As such, it is important to ensure the accuracy and completeness of immigration filings. The Biden administration waived some marriage-based green card interviews; however, the new presidential administration largely removes this policy. As such, petitioners and beneficiaries must expect longer delays before interviews are scheduled, as more USCIS resources will be absorbed in conducting the interviews. While it is still possible to prove a bona fide marriage when the partners have lived apart or spent little time with each other in person, it will require even stronger documentation. Now more than ever, it is important to offer USCIS a clear and comprehensive understanding of the bona fide reasons for living apart. As of May 1, 2025, USCIS no longer accepts outdated versions of the Form I-129F, meaning that petitioners must use the January 20, 2025, edition to file or risk rejection.
If your visa was denied, do not guess at the next step. Start with the refusal notice, identify the legal reason listed by the consular officer, and follow the instructions tied to that specific denial. In some cases, the issue is missing evidence or extra review.

For EB-5 investors, it means citing §245(n) where concurrent filing is involved. For K-1 spouses, it means explaining that adjustment is the expected statutory step after entry and marriage. That exception reflects Congress’s policy judgment in favor of family unity for U.S. citizens.  USCIS may still review fraud, inadmissibility, marriage bona fides, criminal issues, and discretionary factors. But it should not treat immediate-relative adjustment as extraordinary merely because consular processing was available. The legal issue is whether USCIS applies this narrowly or broadly.
She is great to work with, she kept us informed and was very professional, she never failed to answer any of our questions.Worth every cent and I will 100% recommend her for every Immigration cases. There are three different strategies for preparing your Green Card application, based on your case’s complexity level. Approval rate shown on this page is based on 2023 performance. It should not be construed as a communication of legal advice or opinion. An application may be withdrawn by simply writing USCIS a letter informing them that you wish to withdraw your case. However, be very careful about withdrawing your case because it may lead to unintended consequences.

What the memo clearly does accomplish, however, is giving USCIS officers formal policy-level support to deny cases on discretionary grounds even when applicants appear technically eligible under the law. Immigration lawyers say that alone represents a significant increase in risk for couples pursuing Adjustment of Status inside the United States. Despite these possible exceptions, immigration attorneys are warning that the memo grants USCIS officers extremely broad discretionary authority. That means even applicants who appear fully eligible under the law could still face denials if an officer concludes the case does not warrant favorable discretion. Depending on how you entered the United States or if you committed a particular act or violation of immigration law, you may be barred from adjusting status.
On May 21, 2026, USCIS issued a policy memorandum discussing adjustment of status and the discretionary nature of green card applications filed inside the United States. Briones helps USCIS argue that Congress did not make adjustment available to everyone. It does not establish that adjustment should be treated as disfavored whenever consular processing is available. A seasoned green card marriage attorney specializes in immigration law, ensuring a comprehensive grasp of the intricate legal nuances involved throughout the application process.