Consular Processing Lawyer in the United States

Yes, in some circumstances. If you have been married to a U.S. citizen for at least three years, have been a permanent resident for at least three years, and meet other eligibility requirements, you may file Form N-400 while your I-751 is still pending. USCIS sometimes schedules both interviews together. An attorney can help you...

Yes. If your marriage ended in divorce, your spouse passed away, or you experienced abuse or extreme cruelty during the marriage, you can file Form I-751 individually and request a waiver of the joint filing requirement. Extreme hardship cases also qualify. The waiver requires additional documentation, but it is a recognized path to permanent residence....

Yes, in most cases. You can travel internationally with your expired green card and I-797C receipt notice together. Trips under one year generally do not create problems. Longer absences may raise questions about your intent to maintain permanent residence. Speak with an attorney before any extended travel. Visit our removal of conditions lawyer page to...

Absolutely. Your green card allows you to travel internationally and return to the United States. You’ll present your green card to immigration officers when you come back. Most trips under six months don’t create problems. Longer trips require more planning and documentation to prove you haven’t abandoned your residence. Some green card holders apply for...

Yes. Your I-797C receipt notice, combined with your expired conditional green card, extends your work authorization for up to 48 months while USCIS reviews your petition. Carry both documents together to demonstrate your current status to employers. Visit our removal of conditions lawyer page to learn more, or contact us directly to discuss your situation.

Not necessarily. Some applicants may still qualify for Adjustment of Status, but USCIS has stated that this form of relief is discretionary and should be evaluated case by case. TIME reported that many people applying from inside the United States may now face greater pressure to complete processing through U.S. consulates abroad. (USCIS)

Yes, you must maintain your permanent residence here. The law requires you to treat the United States as your actual home. Short trips abroad are fine, but extended absences can jeopardize your status. Trips longer than six months trigger additional scrutiny. Stay away for more than a year without advance permission, and you risk abandoning...

Yes. USCIS announced a policy update stating that Adjustment of Status is a discretionary benefit and that officers must review each case based on the full facts and circumstances. USCIS also emphasized that consular processing through the Department of State is the regular process for many applicants seeking immigrant visas. (USCIS)

Your green card starts the clock toward citizenship eligibility. Most permanent residents can apply for naturalization after five years. Spouses of U.S. citizens may qualify after just three years. You’ll need to demonstrate good moral character, pass English and civics tests, and meet physical presence requirements. Certain criminal convictions can block naturalization or even result...

Processing times vary wildly depending on your category and country of birth. Immediate relatives of U.S. citizens typically wait 12 to 24 months from petition to approval. Other family preference categories can take anywhere from 2 to 20+ years because of annual visa limits. Employment-based green cards usually process within 1 to 3 years, but...

Yes. Because Adjustment of Status is now being reviewed with greater discretion and consular processing may be required in more cases, applicants should speak with a licensed immigration attorney before filing, like David Rozas or an attorney with Rozas Law Firm. An attorney can help evaluate eligibility, immigration history, possible risks, and the most appropriate...

Several pathways lead to permanent residence. Family sponsorship is the most common route. U.S. citizens and green card holders can petition for certain relatives. Employment-based green cards require a job offer from a U.S. employer willing to sponsor you. Some people qualify through the Diversity Visa Lottery, which randomly selects applicants from countries with low...

A standard joint filing typically includes copies of the front and back of your green card, proof that your marriage was entered in good faith (joint tax returns, lease agreements, bank statements, utility bills, insurance documents, and family photos), and affidavits from people who know you as a couple. Children included in your petition need...

USCIS cited immigration case law describing Adjustment of Status as an “extraordinary” form of relief because it allows certain applicants to seek permanent residency without following the ordinary consular visa process. Whether an applicant qualifies depends on the facts of the case, eligibility requirements, and USCIS discretion. (USCIS)

A green card gives you lawful permanent resident status in the United States. You can live and work anywhere in the country without restrictions. Permanent residents enjoy most of the same rights as U.S. citizens. You can own property, attend public schools, and access certain government benefits. The card itself is your proof of status....

If you do not file Form I-751 within the 90-day window before your conditional green card expires, USCIS can terminate your permanent resident status. You may become subject to removal from the United States. USCIS may still accept a late filing if you provide a written explanation showing good cause, but this is not guaranteed....

A denial results in a Notice to Appear in immigration court for removal proceedings. This is serious, but it is not necessarily the end of your case. Immigration court gives you the opportunity to present additional evidence and argue your case before a judge. Legal representation at this stage is critical. Visit our removal of...

An RFE means USCIS needs more documents or clarification before deciding your case.

Consular processing is the process of applying for an immigrant visa through a U.S. embassy or consulate outside the United States. Under the recent USCIS policy update, this pathway may become more important for many green card applicants who previously expected to apply from inside the United States. (USCIS)

Conditional green cards are valid for only two years. They’re issued in specific situations where the government wants to verify the legitimacy of your case. Marriage-based green cards become conditional if your marriage is less than two years old when approved. EB-5 investor green cards start as conditional until you prove you’ve maintained your investment...