Beneficiaries of green card applications facing removal or deportation in a court have a few available options for them. First, such can go for adjustment of status based on marriage to a U.S. citizen or lawful permanent resident.
If you’re seeking a green card in the U.S., hiring an experienced immigration attorney is your best option to get approved. Adjusting status lets you obtain a legal permanent residence without leaving the country, among other immigration benefits.
If you get married after the removal proceedings commenced, you’ll need the help of a good immigration lawyer. They can help you determine the viable form of relief in your case and guide you on other legal matters. A few factors may hinder you from adjusting your status in court, including sham marriage or unlawful entry into the U.S.
If your green card application is denied, this article contains some pieces of information on the steps to take and every possible immigration benefit one can enjoy.
What is the Timeframe for Getting a Green Card After Court Marriage?
By the current policy, the total length of time it takes to get a marriage green card is 11 to 56 months. How long you have to wait will depend on whether you’re married to a green card holder or a U.S. citizen.
It’ll take a shorter time if you’re married to a U.S. citizen; where you currently live can also be a determinant. If you’re married to a citizen spouse who lives in the U.S., it’ll take about 21-38 months; it’ll take 7-18 months if they live abroad.
Meanwhile, if you’re married to a U.S. green card holder who lives in the U.S., the green card should take between 21 to 56 months. If the green card holder lives abroad, it’ll take seven to thirty-four months.
How Long Does It Take to Get a Green Card After Immigration Judge Approval?
The United States Citizenship and Immigration Services, USCIS, will give you a tracking number to monitor the delivery of your green card. Once the immigration judge has approved your application, it should get to you within approximately two months.
After the judge’s approval, the government attorney will provide instructions on the next steps to take. It’ll include arranging an appointment at your local USCIS office and coming with certain required documents to process your green card.
However, all of this won’t happen in a day; the United States Citizenship and Immigration Services will need to bring out your file. USCIS may also request your biometrics information before scheduling the appointment, cancel the removal, and mail you your card.
Can Immigration Judge Grant a Green Card?
Besides the Board of Immigration Appeals (BIA), the immigration judge can grant a permanent residence or green card during immigration court proceedings. If you’ve been granted the green card and are yet to receive it, you’ll need to schedule an appointment with your local USCIS office.
It is recommended that you wait at least three days after the immigration judge’s decision before scheduling the appointment. This three-day wait time is to give the USCIS time to receive the decision and update the government’s computer information.
How Long Does It Take for an Immigration Judge to Make a Decision?
There is often a large backlog of immigration cases, meaning it can take months to years for an immigration case to be decided. In some states, it’ll take a couple up to three years, depending on the applicant’s criminal records (or lack of them). If there’s a criminal record or other inconsistencies in the application, it’ll typically take longer.
Is Adjusting Immigration Status Based on Marriage While in Removal Proceedings Possible?
You can adjust your status based on marriage to a U.S. citizen even if you’re facing removal proceedings in the court. The procedure of status adjustment grants an admissible foreign national the opportunity to obtain lawful permanent residence status without leaving.
However, you will need to prove that the marriage is bona fide and meet the admissibility requirements for adjustment of status. Otherwise, you should at least be eligible for a waiver.
If your marriage to the U.S. citizen is legitimate while you’re in immigration court proceedings, you will first file an I-130. You will file the form with the USCIS with documentary evidence that the marital relationship is valid. You must provide clear and convincing evidence that you didn’t get married to avoid deportation and removal.
How Can an Experienced Immigration Law Firm Help?
Experienced immigration attorneys at any reputable law firm in the United States promote the dignity of immigrants while offering affordable legal expertise. They help in providing direct representation for asylum seekers and intimating them of their rights.
They also help to reunite formerly separated families, while increasing legal representation for applicants in detention and removal proceedings. They’re a good call for public education on immigration law and policies as they advocate for fair and just policies.
Is Marriage Green Card Application Easier in Asylum Cases?
It is easier to pursue and obtain a marriage-based green card through asylum cases, but even that is based on eligibility and timing based on the valid marriage. Furthermore, asylum cases require a higher burden of proof, evidence that you fear prosecution, and can be hard to win. The proof here is not just only the legal proof, but the evidential proof as well.
If you are granted asylum, you will have to wait at least one year to apply for a green card, and you must have proof of your asylum ground as a primary reason.
Meanwhile, there is no guarantee that your green card will be approved after a merits hearing, especially if the conditions in your home country have improved. This is why the services of an experienced attorney and counsel of a USCIS officer are known to be non-negotiable during the status application process.
Can Your Lawyer Be With You in Immigration Court?
You have the right to be represented by a lawyer in the court during your status application, but understand that this is at your expense. Normally, the court or ICE officer will provide a list of affordable legal services around where the hearing to pursue adjustment is being held.
Foreign nationals can also represent themselves in the court, although we strongly recommend against this. You can always ask the immigration judge for more time to find a lawyer at your first hearing – if you need it.
What Should You Bring to Your Appointment with Your Local USCIS Office?
After the immigration judge has approved your green card petition and you’re yet to receive your card. You will schedule an appointment with the local USCIS office in your area, and appear with the following documents:
- One copy of the final approval order you got from the immigration judge or BIA decision, and
- Your identity documents like your USCIS-issued EAD (Employment Authorization Document), passport, approved visa petition, and driver’s license, among others.
What Happens If You Still Don’t Get Your Green Card After Your Appointment?
You should get your green card within thirty days after your appointment with your local USCIS office. If you don’t, you can call or email the USCIS contact center and provide your name, alien number, address, and date of birth.
You’ll also need to supply the date of your order from the IJ or BIA and the USCIS district office you had your appointment. Other information includes whether your order is final, the specific relief type granted, and relevant information pertaining to your request.
What Does “Notice to Appear” Mean in Immigration Court?
If an applicant in an adjustment of status proceedings is not subject to expedited removal is detained by the ICE, the case is forwarded to the Department of Homeland Security (DHS). The DHS then decides whether to initiate removal proceedings or not; individuals with serious criminal convictions get a Notice to Appear.
The immigrant, in an adjustment of status, may get the NTA in person through immigration officials or by mail to their last-known address. The NTA (Form I-862) includes a statement of the allegations and primary reasons for removal. Once DHS files the NTA with the court, removal proceedings will commence.
Hire Herman Legal Group Today!
Do you need help with your adjustment of status of visa petition proceedings in the United States? Are you going through a lot trying to proceed with that visa petition or process to adjust status? Then, you should know you are not the first as there are many people out there who don’t know how to adjust status or find the process of adjusting status cumbersome. What you need is not another trial but the services of a renowned lawyer that understands immigration appeals and the process of seeking a green card.
With several years of experience helping those who are seeking a green card, Herman legal group is the best firm if you are looking for seasoned lawyers who offer a great attorney-client relationship. It all starts with scheduling a consultation, and you can do that by calling or sending text messages to +1-800-808-4013 or +1-216-696-6170, or by booking online.
If you have an immigrant visa and are applying for a green card or trying to get adjustment of status, the odds are in your favor. At least, provided you fulfill all the other requirements to register permanent residence and become a legal permanent resident instead of an alien relative.
You’ll need to provide proof of a bona fide marriage which is also known as a good faith marriage, with convincing evidence to pursue visa processing and adjustment of status. Then, you’ll have a priority date for the USCIS interview to prove your genuine relationship and lawful entry from your home country into the U.S.