Spouse of a U.S. Citizen (Within the U.S.)

Immigration Lawyer in San Jose and San Francisco

As a U.S. citizen you can apply for permanent residency for a spouse you married inside this country who does not have this status. You must address all immigration matters correctly with a full understanding of any difficulties which exist. If your spouse is here illegally you must become informed of the potential problems of making this application. You are urged to contact an immigration attorney in San Jose and San Francisco for skillful guidance.

If Your Spouse Came in Legally

In most cases, you may apply immediately for adjustment of status to permanent resident with a concurrently field I-130 petition. Your spouse may also apply for a work permit while the green card application is pending. Even if your spouse has overstayed his or her visa, you may still apply. Your spouse must remain in the country until the application is approved. If your spouse leaves, he or she may be barred from returning for several years.

If the Spouse Came in Without Inspection

This application takes great care and underlying knowledge. Normally under these circumstances your spouse will be required to leave the country and apply at a U.S. Embassy or Consulate in order to return. There are certain exceptions which would allow your spouse to have the interview here in the United States, including qualifying under INA Section 245(i). You need to seek the guidance of an attorney to handle this correctly.

Conditional Residency

If you have been married less than 2 years at the time of making this application, your spouse will be granted a conditional lawful permanent residence valid for 2 years. Approximately 2 months before the date of expiration you need to file a petition with your spouse to make the conditional residency permanent (I-751 Petition). USCIS may seek to deport your spouse if you fail to act in time.

San Jose Immigration Attorney

Daniel Shanfield, Esq. Immigration Defense works with clients in the San Jose area and throughout Northern California who seek permanent resident status for their spouses. Our legal team is skilled in guiding clients through the green card process and preparing petitions on their behalf. Mr. Shanfield, our firm’s lead attorney, is a veteran at expediting immigrant visa petitions and overcoming potential grounds of disqualification. Our clients benefit from his unique insights as a former U.S. Immigration and Naturalization Service attorney and extensive knowledge of immigration law.

Contact an immigration lawyer in San Jose and San Francisco at our firm for seasoned guidance in obtaining permanent residency status for your spouse.