Obtaining Permanent Residence in the United States Through Marriage (Marriage Green Card)

2026 Mega-Guide by Herman Legal Group — Updated Fees, Public Charge Rules, and USCIS Extreme Vetting

 

 

Quick Answer (2026)

A marriage green card (CR-1 or IR-1) remains one of the strongest immigration pathways in 2026, but the process is now more complex, more expensive, and far more heavily scrutinized under Trump-Vance policies and Project 2025 proposals. USCIS now applies extreme vetting, AI-based fraud detection, expanded public charge analysis, and mandatory electronic filing for most forms.

Ohio USCIS offices vary dramatically:

  • Cleveland = strictest, highest RFEs/NOIDs
  • Columbus = professional, detail-focused
  • Cincinnati = smoothest, fastest approvals

If prepared properly, most bona fide couples are approved.

 

young couple about to go through marriage green card process in ohio or elsewhere

 

Fast Facts (2026 Update)

  • I-130 Filing Fee: $675
  • I-485 Filing Fee: $1,440
  • I-765 (EAD): $520
  • I-131 (Advance Parole): $630
  • Mandatory electronic filing for nearly all forms
  • Public charge scrutiny expanded (credit, debt, income stability, insurance)
  • RFEs and NOIDs increased sharply in 2025–2026
  • Social-media review is standard
  • Cleveland USCIS continues to be one of the toughest in the Midwest
  • Mandatory in-person interviews for nearly all marriage-based green card cases as of August 1, 2025

Why This Guide Is Different (and Better)

Most immigration blogs simply list forms and basic steps. This guide includes:

  • Ohio-specific USCIS interview expectations
  • Project 2025 + Trump-Vance policy impacts
  • Deep FAM links used by consular officers
  • Common RFE/NOID/Denial reasons
  • Emotional realities couples face
  • Interview question lists used in Cleveland, Columbus, Cincinnati
  • Richard Herman insights
  • 50+ FAQs
  • Links to USCIS, Embassy and Herman Legal Group resources

Obtaining-permanent-residence-through-marriage-marriage-green-card-2026-mega-Guide-by-Herman-Legal-Group-Updated-Fees-public-charge-rules-and-USCIS-extreme-vetting.-November-13-2025 richard t. herman

 

 

Who This Guide Is For

This guide is essential for:

  • U.S. citizens sponsoring foreign spouses
  • Green card holders sponsoring spouses
  • Couples adjusting status inside the U.S.
  • Couples processing CR-1/IR-1 abroad
  • Ohio couples preparing for Cleveland, Columbus, or Cincinnati interviews
  • Couples who received an RFE or NOID
  • LGBT couples, long-distance couples, and couples with red flags
  • Undocumented spouses seeking guidance and options

SECTION 1 — Marriage Green Card Basics

A marriage green card allows the foreign spouse of a U.S. citizen or lawful permanent resident (LPR) to obtain lawful permanent residence. Depending on your situation, you may apply:

  • Inside the U.S. through Adjustment of Status (AOS)
  • Outside the U.S. through Consular Processing

Official USCIS resource:
USCIS — Green Card Through Marriage

HLG resource:
Marriage Green Card Guide

eligibility for marriage green card under new trump rules

 

Eligibility Requirements (2026)

To qualify, you must show:

USCIS must believe your marriage is genuine and not solely for immigration benefits. Failure to disclose prior marriages or criminal history can result in denial of the marriage green card application. Documentation required for interviews includes passports, birth certificates, marriage certificates, and a legal termination proof of any prior marriages.
FAM deep link:
9 FAM 601.14-1 — Marriage Fraud Indicators
(https://fam.state.gov)

✔ A real, bona fide marriage

USCIS must believe your marriage is genuine and not solely for immigration benefits. Failure to disclose prior marriages or criminal history can result in denial of the marriage green card application.
FAM deep link:
9 FAM 601.14-1 — Marriage Fraud Indicators
(https://fam.state.gov)

✔ A legal, valid marriage

You must have a civil marriage recognized where it occurred.

✔ No bars to adjustment

Examples: certain unlawful entries, certain criminal issues, prior immigration violations.

✔ Sufficient financial support

The U.S. spouse must meet I-864 income rules.
USCIS:
Form I-864

✔ Not inadmissible under U.S. immigration law

FAM deep link:
9 FAM 302 — Grounds of Inadmissibility
(https://fam.state.gov)

 

2026 filing fees marriage green card

 

SECTION 2 — Updated 2026 Filing Fees

Form

Previous Fee

Current Fee

Notes

I-130 ~$535 $675 Online filing required
I-485 ~$1,225 $1,440 Biometrics included
I-765 ~$410 $520 Longer EAD delays
I-131 ~$575 $630 Required for travel
I-864 $0 $0 Stricter review
DS-260 ~$325 $345 Consular processing
USCIS Immigrant Fee $220 $235 CR-1/IR-1 only

Official USCIS fee list:
USCIS Filing Fees

 

 

 

SECTION 3 — Step-by-Step Process (Adjustment of Status)

Step 1 — Submit I-130 + I-485 Concurrently

Forms:

HLG guides:

Step 2 — Biometrics Appointment

You will attend a fingerprinting appointment at your local ASC.

Step 3 — EAD / AP

Processing is slow: 6–14 months. Recent USCIS updates signal an increased risk for applicants and longer processing times for marriage-based green card applications. This trend has been exacerbated under the current administration, further delaying case resolutions.

Step 4 — USCIS Marriage Interview

Ohio’s three field offices vary significantly (details in next section)

Step 5 — Approval (CR-1 or IR-1)

Step 6 — Remove Conditions (I-751)

HLG resources:

 

 

 

SECTION 4 — Step-by-Step (Consular Processing)

DOS resources:

Key FAM Rules (Deep Links)

  • 9 FAM 502.2-1(C) — CR-1/IR-1 Eligibility
  • 9 FAM 504.4-8(E) — Required Civil Documents
  • 9 FAM 302.8-2(B) — Public Charge
  • 9 FAM 301.4-1 — Medical Exams

 

 

 

 

SECTION 5 — Ohio USCIS Interview Guide (Cleveland, Columbus, Cincinnati)

USCIS interview for marriage green card. in ohio, interviews are at USCIS cleveland, uscis columbus or uscis cincinnati

Cleveland USCIS — Most Difficult Office in Ohio

Cleveland officers are known for:

  • Separate spouse interviews
  • In-depth scrutiny of relationship timeline
  • Hard questioning on finances
  • High RFE / NOID rate
  • Social-media checks
  • Inconsistency detection via AI tools

Sample Cleveland questions:

  • “Describe your bedroom layout.”
  • “What was your spouse wearing yesterday?”
  • “Who wakes up first?”

➡ This office is strict but fair to well-prepared couples.

Richard Herman:

“Cleveland requires precision and preparation. We rehearse every possible question before you step into the interview room.”

Columbus USCIS — Professional and Detail-Focused

Officers emphasize:

  • I-864 accuracy
  • Civil documentation completeness
  • Address history
  • Consistent timelines

Style: polite, formal, technical.

Problems often seen:

  • Tax issues
  • Missing I-693 medical
  • Weak evidence of cohabitation

Cincinnati USCIS — Smoothest and Most Efficient

Known for:

  • Shorter interviews
  • Friendly officers
  • Low RFE rate
  • Rarely separates spouses
  • Approvals when documentation is thorough

➡ Best for couples with clean, well-organized cases.

 

 

 

SECTION 6 — Extreme Vetting (2026)

Beginning in 2025 and accelerating in 2026, USCIS now uses enhanced fraud detection tools for marriage-based green cards, including:

✔ AI-driven analysis of:

  • Relationship timeline consistency
  • Social-media activity
  • Travel history
  • Employment history
  • Prior visa filings
  • Address history
  • Phone metadata (where available)

✔ Data-sharing between agencies:

  • USCIS
  • CBP
  • IRS
  • SSA
  • DOS/NVC
  • State criminal databases

✔ Deep scrutiny of bona fides, including:

  • Joint leases, mortgages
  • Joint bank accounts
  • Joint tax filings
  • Health insurance
  • Utility bills
  • Travel records
  • Photographs indexed by date/metadata

FAM marriage fraud indicators:

9 FAM 601.14-1 (Marriage Fraud Indicators)

This is the same manual used by consular officers at U.S. embassies worldwide.

Richard Herman says:

“In 2026, USCIS is not giving couples the benefit of the doubt. They expect your evidence to reflect a genuine, interwoven life—financially, emotionally, and socially.”

 

 

 

Section 7: The Intent of Project 2025 and J.D. Vance to Significantly Reduce Legal Immigration

While most public attention focuses on undocumented immigration, the policy vision outlined in Project 2025 and reinforced by statements from Vice President J.D. Vance makes clear that legal immigration—especially family-based categories like marriage green cards—is a central target for reduction.

Multiple credible analyses show that Project 2025 proposes restructuring or shrinking legal immigration pathways, particularly those based on family ties.

1. Project 2025’s Stated Goal: Reduce Family-Based Immigration (Including Marriage Visas)

According to Project 2025 policy chapters and reporting, the plan calls for a shift toward “merit-based immigration” and significant reductions in family-based pathways, referring to them as contributors to “chain migration.”

Key proposals include:

✔ Restricting or reinterpreting family-based visa categories

Family-based immigration—including marriage-based categories—is directly identified for reduction.

✔ Expanding marriage-fraud detection and extreme vetting

Project 2025 recommends treating all family-based petitions as potentially fraudulent until extensive evidence proves otherwise. AI and social-media surveillance expansion

✔ Increasing interview requirements nationwide

Fewer interview waivers → more in-person marriage interviews.

✔ Deepening public-charge scrutiny

Encourages strict financial vetting, including debt, credit, insurance coverage, prior use of public benefits, and job stability.

2. J.D. Vance’s Public Position: Reduce Legal Immigration, Restrict Family Visas

J.D. Vance has repeatedly stated that legal immigration levels are too high and that the U.S. should significantly reduce family-based immigration while prioritizing “merit-first, family-second” admissions.

Sources documenting Vance’s position:

These articles quote Vance stating that:

  • The U.S. should sharply reduce legal immigration
  • Family-based categories (including marriage visas) are “too generous”
  • Immigration should be based almost entirely on “skills and merit”
  • Existing pathways create “extended chain migration”
  • Marriage-based immigration should undergo more rigorous scrutiny

This has directly informed the adjudication environment at USCIS.

3. How These Policies Translate Into Real-World USCIS Behavior (2025–2026)

✔ Higher RFE/NOID rates

USCIS is demanding more evidence to “prove” bona fide marriages.

✔ More separated interviews (particularly in Cleveland)

Stokes-style interviews are now more common.

✔ AI-enhanced background checks

Officers check:

  • Social media
  • Photo metadata
  • Address history
  • Prior visa patterns
  • CBP travel logs
  • IRS records

✔ Heightened marriage-fraud suspicion

USCIS officers now routinely consult:
9 FAM 601.14-1 — Marriage Fraud Indicators
(https://fam.state.gov)

✔ Delays and denials based on minor inconsistencies

Interviews are more adversarial in many regions, especially in Ohio’s Cleveland office.

4. What This Means for Marriage Green Card Applicants Today

You must prepare for:

  • Significantly higher documentary standards
  • In-depth relationship questioning
  • More compliance checks
  • More requests for supplemental evidence
  • Longer case processing
  • Fewer interview waivers

It is advised that couples prepare details about their shared daily life to answer questions accurately and avoid raising suspicion.

  • Significantly higher documentary standards
  • In-depth relationship questioning
  • More compliance checks
  • More requests for supplemental evidence
  • Longer case processing
  • Fewer interview waivers

Officers will ask couples questions about their relationship story to verify consistency between their answers.

  • Significantly higher documentary standards
  • In-depth relationship questioning
  • More compliance checks
  • More requests for supplemental evidence
  • Longer case processing
  • Fewer interview waivers

USCIS interviews are designed to test the authenticity of a marriage, so discrepancies in answers may lead to suspicion. Couples should prepare thoroughly to ensure consistency.

Even bona fide couples face more hurdles due to the policy climate encouraging USCIS to investigate first and trust later.

But with strong preparation, thorough evidence, and expert representation, marriage green cards remain absolutely achievable.

Richard Herman says:

“Even in the Project 2025 era, families can win—if they build a case so strong and so well-prepared that USCIS cannot deny it.”

 

 

SECTION 8 — Public Charge Rules (2026 Update)

Under expanded public charge guidance, USCIS now considers:

✔ Income Stability (not just amount)

Employers, job field, length of job.

✔ Health Insurance

Private or employer insurance strongly favored.

✔ Household Size

Larger households face stricter scrutiny.

✔ Credit Score + Debt Ratios

Unpaid debt, high credit-card use, personal loans — all relevant.

✔ Assets

Strong savings help borderline income households.

See FAM:
9 FAM 302.8-2(B) Public Charge

Official USCIS resource:
Public Charge Resources

extreme vetting for green card by USCIS and embassy

 

SECTION 9 — Most Common Reasons for RFEs, NOIDs, and Denials (2025–2026)

RFEs (Requests for Evidence)

  • Missing I-864 supporting documents
  • Incomplete tax records
  • Weak joint financial evidence
  • Birth certificates missing long form
  • Unlabeled photos without context
  • Missing divorce decrees
  • Untranslated documents
  • Missing I-864 supporting documents
  • Incomplete tax records
  • Weak joint financial evidence
  • Birth certificates missing long form
  • Unlabeled photos without context
  • Missing divorce decrees
  • Untranslated documents

USCIS may compare interview answers to previously submitted documentation for inconsistencies that need clarification.

NOIDs (Notices of Intent to Deny)

Issued when USCIS believes the marriage may not be bona fide.

Common triggers:

  • Major inconsistencies in interview answers
  • Spouses cannot identify basic details about each other
  • Conflicting addresses on documents
  • Minimal financial commingling
  • Social media inconsistencies
  • Negative “fraud indicator” flags in the FAM
  • Sparse cohabitation evidence

Example FAM section used during fraud review:
9 FAM 601.14-1

Denials

Denials often occur due to:

  • Strong belief of marriage fraud
  • Prior undisclosed marriage
  • Prior immigration fraud
  • Serious public charge issues
  • Criminal inadmissibility
  • Prior removal orders
  • Multiple inconsistent answers at interview

FAM inadmissibility section:
9 FAM 302

SECTION 10 — Strategies to Minimize Risks in Marriage Cases

✔ 1. Provide 6–12 months of bank statements

USCIS wants patterns, not isolated deposits.

✔ 2. Prepare a Relationship Timeline

Include dates of meeting, dating, engagement, wedding, trips.

✔ 3. Submit a balanced set of evidence

Avoid relying only on photos.

✔ 4. Joint financial integration

  • Joint bank accounts
  • Joint lease/mortgage
  • Joint utilities
  • Joint health insurance

Couples must provide joint financial documents to demonstrate the legitimacy of their relationships.

✔ 5. Strong I-864 package

Include:

  • Tax transcripts
  • W-2s
  • Pay stubs
  • Employment letter

✔ 6. Rehearse your interview

Especially Cleveland.

✔ 7. Label all photos

Include names, date, location.

✔ 8. Don’t overexplain during interviews

Answer clearly and directly.

✔ 9. NEVER argue with the officer

✔ 10. Hire an attorney if you receive an RFE or NOID

They are time-sensitive and highly technical.

SECTION 11 — Common Mistakes Couples Make

🔻 Critical Mistakes to Avoid:

  • Bringing incomplete documents
  • Relying on photos instead of financial evidence
  • Giving inconsistent interview answers
  • Forgetting to update addresses with USCIS
  • Poorly prepared affidavits
  • Weak organization of evidence
  • Not bringing the medical exam (I-693)
  • Submitting outdated forms
  • No translations for foreign documents
  • Entering the interview unprepared

Couples are expected to provide evidence of common financial responsibilities, such as joint bank accounts or shared bills, to strengthen their case.

USCIS form list:
All USCIS Forms

common mistakes that couples make in green card interviews at uscis

SECTION 12 — Questions Commonly Asked at Ohio USCIS Interviews

Relationship Questions

  • When and where did you meet?
  • How did the relationship develop?
  • Who proposed?
  • Describe your wedding.
  • What languages do you speak with each other?

Home Questions

  • Who wakes up first?
  • What side of the bed do you sleep on?
  • What color are the bedroom walls?
  • Who cooks?
  • What did each of you have for breakfast today?

Family Questions

  • Names of spouse’s parents
  • Names of siblings
  • What holiday traditions do you share?
  • When did you meet each other’s families?

Finances

  • Who manages money?
  • What accounts do you share?
  • How do you split bills?

Cleveland-Style “Separated Interview” Questions

  • Describe your living room layout.
  • What is your Wi-Fi password?
  • What is your partner’s email?
  • Who did laundry last?
  • Where do you keep your important documents?

These are the type of real questions asked in Cleveland interviews. Officers ask detailed questions about how couples met and their relationship history during interviews. USCIS has increased scrutiny of daily routines and finances during marriage green card interviews to detect fraud, making preparation essential.

SECTION 13 — Emotional Realities of Marriage Green Card Cases

Couples often experience:

  • Fear of separation
  • Anxiety waiting for interview dates
  • Stress over USCIS delays
  • Pressure from family abroad
  • Financial worries
  • Uncertainty about the future
  • Feeling judged by an officer about their relationship

Richard Herman says:

“Marriage cases aren’t just paperwork—they’re about families fighting to stay together. We take that responsibility personally.”

Section 14: USCIS Interpreter Rule (Updated 2025–2026)

Beginning in 2025, USCIS implemented a stricter national policy requiring applicants to bring their own interpreter to adjustment-of-status interviews if they are not fluent in English.

Interpreter Requirements

Your interpreter must:

  • Be competent in both English and your language
  • Bring a valid government-issued ID
  • Complete and sign Form G-1256, Declaration for Interpreters
    https://www.uscis.gov/g-1256
  • Be physically present or available by phone/video (depending on local office policy)
  • Not be the petitioner, beneficiary, attorney, or a witness with a conflict of interest

Important:

Cleveland, Columbus, and Cincinnati USCIS generally allow phone interpreters, but Cleveland officers sometimes request in-person interpreters for complex interviews.

Who CANNOT be your interpreter

  • Your spouse (petitioner)
  • Anyone with a personal stake in your case
  • Anyone who cannot present valid ID

If you appear without a required interpreter, USCIS may cancel or reschedule your interview, causing months of delay.

Section 15: Can I Be Arrested at My USCIS Interview? (Who Is at Risk?)

While arrests at USCIS interviews are rare, they do occur under specific circumstances. USCIS may coordinate with ICE or local law enforcement when certain red flags appear.

Higher risk categories include:

  • People with outstanding warrants
  • Applicants with prior removal orders
  • Individuals with serious criminal convictions
  • Applicants who failed to depart after a prior voluntary departure
  • People who entered with fraud and have no waiver eligibility
  • Individuals who triggered national security flags

Low risk categories include:

  • Marriage-based applicants with no criminal record
  • People who entered legally and overstayed
  • People with minor arrests where charges were dismissed
  • Individuals who are otherwise eligible to adjust status

Ohio Reality Check

Cleveland USCIS has historically been more aggressive in coordinating with ICE in cases involving:

  • Prior deportation orders
  • Identity fraud
  • Drug trafficking or violent crimes

Columbus and Cincinnati rarely involve law enforcement unless required by statute.

If you think you are at risk

You must consult an immigration attorney before attending your interview.
Herman Legal Group can run background checks and assess risk.

SECTION 16: PRO TIP — Activate Your USCIS Online Account Immediately

When you receive the I-797 receipt notices for your I-130 and I-485, each one will include an Online Access Code.

This code is time-limited and allows you to create your myUSCIS online account:

https://my.uscis.gov/

Why you should activate it quickly:

  • The access code expires
  • USCIS is transitioning to virtual processing for evidence
  • You can upload additional bona fides (photos, bank statements, leases) anytime
  • Uploading online is often more effective than bringing a thick binder to the interview
  • Officers prefer documents uploaded in advance because your file is electronic
  • You will receive faster case updates
  • You can respond to RFEs/NOIDs digitally

Most couples don’t know this:

Uploading supplemental bona fide evidence online before the interview may reduce:

  • Interview length
  • Officer suspicion
  • Over-reliance on paper documents
  • RFEs

This pro tip gives you a real advantage at Ohio USCIS interviews.

SECTION 17: Can My Attorney Appear Virtually at the Interview?

Yes. USCIS currently allows attorneys to appear:

  • In person
  • By phone
  • By video (Webex/Teams), depending on office availability

Ohio Office Practices

  • Cleveland: frequently allows phone-in representation; some officers permit video
  • Columbus: almost always allows phone; video case-by-case
  • Cincinnati: welcomes attorney presence by phone/video to keep things efficient

Why attorney presence matters

Your lawyer can:

  • Take notes
  • Intervene if questions become improper
  • Request clarification
  • Ensure due process
  • Protect you during separated interviews

Even virtual attendance significantly reduces officer overreach or misunderstanding.

SECTION 18: What If My I-130 Is Denied? (Appeal vs. Refile)

If your I-130 Petition for Alien Relative is denied, you have two main options:

Option 1: Appeal to the BIA (Form EOIR-29)

Official info:
https://www.justice.gov/eoir

You have 30 days to appeal.
This is appropriate when:

  • The officer misapplied the law
  • Strong evidence was ignored
  • The marriage is real, but USCIS made a bad call

Appeals can take months, sometimes a year or more.

Option 2: Refile a stronger I-130

This is often the better strategy, especially after a NOID.

Refile when:

  • The original packet lacked evidence
  • Timeline inconsistencies need fixing
  • Prior attorney made errors
  • You now have stronger bona fides

What HLG usually recommends

If denial reasons relate to evidence or witness credibility, refile.
If denial was based on a legal or procedural mistake, appeal.

Important

If the I-130 is denied, the I-485 will be denied automatically.

Section 19: What If My I-485 Is Denied? Will I Be Placed in Removal?

A denial of the I-485 Adjustment of Status is serious.

If you entered lawfully:

USCIS may issue a Notice to Appear (NTA) placing you in removal proceedings, but often does not unless there are red flags, unless you are otherwise out of status. USCIS is now under direction to issue NTAs after denied I-485s for those without status. If an applicant is deemed ineligible after an interview, USCIS may issue a Notice to Appear for deportation proceedings.

Higher risk groups for NTA issuance:

  • Otherwise out of status
  • Criminal convictions
  • Fraud indicators
  • Prior deportation orders
  • Public charge determinations
  • Marriage fraud suspicion
  • National security flags

If placed in removal

You can ask for:

  • Renewed I-485 before the immigration judge
  • Cancellation of removal (if eligible)
  • Voluntary departure
  • Asylum (if applicable)

HLG strongly recommends immediate legal representation.

Section 20: RFE/NOID Says I’m Inadmissible for Crime or Fraud — Can I File Form I-601?

Yes — in many cases.
Form I-601, Application for Waiver of Grounds of Inadmissibility:
https://www.uscis.gov/i-601

Situations where an I-601 waiver is typically used:

Fraud or Misrepresentation (INA 212(a)(6)(C)(i))

Examples:

  • Fake documents
  • Misrepresentation at border
  • Misstating facts on prior visas

You can request a waiver if denial would cause extreme hardship to your U.S. spouse.

Certain Criminal Grounds (212(a)(2))

Examples:

  • Crimes involving moral turpitude
  • Some drug offenses (minor possession only)
  • Theft/fraud crimes

Not all crimes are waivable.
HLG can assess eligibility.

Unlawful Presence (212(a)(9)(B))

This requires the I-601A provisional waiver if required to leave the U.S. for consular processing (due to unlawful entry) HLG resource:
https://www.lawfirm4immigrants.com/form-i-601a-provisional-waiver/

Medical Grounds of Inadmissibility

If USCIS rules that you are inadmissible due to lack of the required vaccines, or due to a medical condition, you can file an I-601 waiver. For failure to take the required vaccines, you will need to demonstrate that you are against all vaccines due to religious or moral reasons.

If you receive an NOID accusing you of fraud or crime

You must:

  1. Respond forcefully with evidence
  2. Obtain expert legal representation
  3. Consider filing an I-601 waiver
  4. Prepare hardship documentation immediately

Waivers are complex — but winnable with proper strategy.

Section 21: What If My Lawyer Is Non-Responsive or Unprepared?

Hiring an immigration attorney is a major investment—emotionally and financially. Unfortunately, many clients nationwide report difficulties such as:

  • Emails going unanswered
  • Phone calls not returned
  • Missed deadlines
  • Incorrect or outdated advice
  • Little preparation before interviews
  • Attorneys who show up without reviewing the file
  • Files being handled entirely by inexperienced assistants

These situations are not normal and not acceptable—especially in 2025–2026 when marriage-based cases face extreme vetting, Project 2025 pressure, and higher denial risks.

Here’s what to do immediately if your lawyer is non-responsive:

✔ 1. Document everything

Save:

  • Emails
  • Text messages
  • Call logs
  • Missed deadlines
  • Unanswered requests

This protects you if you need to switch attorneys or file a complaint.

✔ 2. Request a status update in writing

Send a polite but firm message:

“Hi, I need a written update on my case status, pending deadlines, and next steps.
Please confirm receipt and respond within 48 hours.”

Professionally run law firms respond promptly.

✔ 3. Ask for your full digital file

You are legally entitled to:

  • Signed forms
  • Evidence packets
  • Receipts
  • USCIS notices
  • Copies of everything submitted

Any delay in providing your file is a red flag.

✔ 4. If the firm still does not respond — switch lawyers

You are allowed to change attorneys at ANY time.
The new attorney simply files Form G-28 to take over your case.

Switching attorneys is common, especially after:

  • A poorly prepared interview
  • A surprise RFE/NOID
  • Miscommunication
  • Missed deadlines
  • Bad advice
  • Lost trust

Richard Herman says:

“An immigration case is too important to leave in the hands of someone who is unresponsive or unprepared. You deserve advocacy, not silence.”

✔ 5. If you feel abandoned right before your interview

Contact a new lawyer immediately.
Herman Legal Group regularly accepts emergency cases—even days before interviews—including Cleveland, Columbus, and Cincinnati.

✔ 6. If your attorney filed something wrong

A new lawyer can:

  • Correct errors
  • Refile
  • Respond to RFEs
  • Repair NOIDs
  • Appeal denials
  • Prepare waivers

It’s absolutely fixable with the right team.

Section 22: What Should I Know Before Hiring an Immigration Lawyer?

Choosing the right lawyer is one of the most important decisions you will make during your marriage-based immigration process.

Here is a guide to hiring the right attorney—one who will protect your marriage, your future, and your legal rights.

What You Should Know Before Hiring a Lawyer

✔ 1. Experience matters more than anything

Ask how many marriage-based cases they’ve handled—especially in the past 12 months under extreme vetting.

✔ 2. Local knowledge is crucial

Ask about:

  • Cleveland USCIS
  • Columbus USCIS
  • Cincinnati USCIS

These offices have VERY different cultures.

✔ 3. Beware of firms that overly rely only on paralegals

Paralegals can help—but the attorney must:

  • Review everything
  • Prepare you for interviews
  • Attend or call into interviews
  • Draft responses to RFEs/NOIDs

✔ 4. Ask who exactly will handle your case

Some firms bait-and-switch clients: a senior lawyer sells the case, but a junior staff member does the real work.

✔ 5. Ask how quickly they respond

A responsive firm answers within:

  • 24 hours for emails
  • Same day for urgent issues

✔ 6. Ask about mock interview preparation

This is essential—especially in Cleveland.

✔ 7. Ask whether they handle appeals and waivers

Only hire lawyers who regularly handle:

  • I-601
  • I-601A
  • I-212
  • I-751 waivers
  • Motions to Reopen
  • Appeals (EOIR-29, AAO, BIA)

This shows competence in difficult cases.

✔ 8. Look for transparency in pricing

No surprise fees. No hidden RFE charges.
Everything should be in writing.

✔ 9. Ask for examples of recent successes

A confident attorney will provide anonymous examples of:

  • RFE approvals
  • NOID approvals
  • Interview success stories
  • Waiver approvals

Questions to Ask Before Hiring a Lawyer

Copy and paste this checklist into your notes:

  • 1. How many marriage-based green card cases have you handled in the last 12 months?
  • 2. How many cases have you handled at Cleveland / Columbus / Cincinnati USCIS?
  • 3. Who EXACTLY will work on my case?
  • 4. How quickly do you respond to calls/emails?
  • 5. Do you prepare couples for interviews with mock sessions?
  • 6. Will you attend the interview (in person, phone, or video)?
  • 7. What is your success rate with RFEs and NOIDs?
  • 8. Do you handle waivers if my case involves fraud or criminal grounds?
  • 9. Do you offer bilingual support (Spanish, Arabic, etc.)?
  • 10. Can you give examples of recent approvals for couples like us?

A strong law firm will easily answer ALL 10 questions.

Closing Pro Tip

Richard Herman says:

“Treat hiring an immigration lawyer like hiring a surgeon. You’re trusting someone with your future, your marriage, and your ability to stay in the U.S. Ask tough questions and expect professionalism.”

Section 23: Getting a Second Opinion Before Interview Day

Seeking a second opinion does not mean you distrust your lawyer.
It means you want to protect your future.

When to get a second opinion:

  • Your lawyer does not schedule a mock interview
  • You feel unprepared
  • You sense something is “wrong” with your case
  • You received an RFE or NOID
  • You’re entering a tough jurisdiction like Cleveland USCIS
  • Your lawyer cannot explain your case clearly
  • You feel rushed or dismissed
  • You have a complicated immigration history

What happens in a second-opinion consultation?

A qualified attorney will:

  • Review your entire packet
  • Check for red flags
  • Assess public charge risk
  • Evaluate marriage bona fides
  • Examine your timeline
  • Ask sample interview questions
  • Identify evidence gaps
  • Develop a pre-interview improvement plan

Second opinions save marriages from:

  • Denials
  • Delays
  • Unnecessary stress

Richard Herman says:

“The difference between approval and denial is often preparation. A second opinion can catch problems before USCIS does.”

Section 24: Why Cheap Lawyers Often Cost More Later

Immigration law is not a place to cut corners.
Choosing a cut-rate attorney often leads to:

  • ❌ RFEs that could have been avoided
  • ❌ NOIDs citing weak evidence
  • ❌ Interview disasters due to poor preparation
  • ❌ Filing the wrong forms
  • ❌ Incorrect fees
  • ❌ Missing deadlines
  • ❌ Poor communication
  • ❌ Need to refile (double fees)
  • ❌ Increased stress and delays
  • ❌ Denials that require waivers/appeals

The result?

Clients often end up:

  • Paying another attorney to fix mistakes
  • Facing months or years of delays
  • Risking removal proceedings
  • Suffering unnecessary emotional and financial damage

What you actually pay for with a high-quality marriage-immigration lawyer:

  • Legal strategy
  • Full case planning
  • Strong initial evidence package
  • Mock interview training
  • RFE/NOID risk mitigation
  • Understanding of Ohio USCIS tendencies
  • Precision, speed, and clarity

Richard Herman says:

“You don’t want the cheapest surgeon. You want the right one. The same is true when your future, your marriage, and your ability to stay in the country are at stake.”

🇪🇸 SECTION 25 — Resumen en Español (Para Familias Hispanas en Ohio y EE.UU.)

La tarjeta de residencia por matrimonio (CR-1 o IR-1) sigue siendo una de las mejores formas de inmigrar legalmente a los Estados Unidos en 2026.

Sin embargo, bajo las nuevas políticas del gobierno de Trump–Vance y las propuestas de Project 2025, el proceso ahora requiere más evidencia, más entrevistas, más escrutinio, y más pruebas de que su matrimonio es real.

Cambios importantes en 2025–2026

  • Tarifas más altas
  • Presentación electrónica obligatoria
  • Public Charge más estricta
  • “Extreme Vetting” (revisión profunda de redes sociales, finanzas y empleo)
  • Más RFEs/NOIDs
  • Más entrevistas en persona
  • Atención especial a los casos en Cleveland, Columbus y Cincinnati

Su matrimonio debe probar que es real mediante evidencia sólida:

  • Contratos de alquiler/hipoteca juntos
  • Cuentas bancarias compartidas
  • Declaraciones de impuestos
  • Pólizas de seguro
  • Fotos detalladas con fechas
  • Comunicaciones, viajes, celebraciones familiares

Podemos ayudarle

Herman Legal Group ha ayudado a familias inmigrantes por más de 30 años, incluyendo a miles de parejas hispanas.

Programa una consulta:
https://www.lawfirm4immigrants.com/book-consultation/

SECTION 25 — 50+ Marriage Green Card FAQs (2026 Edition)

Eligibility & Basics

Q1: How long must we be married before applying?

A1: You can apply immediately after marriage. There is no minimum time requirement.

Q2: Do we have to live together?

A2: Technically no—but living separately almost always triggers RFEs/NOIDs unless well-explained.

Q3: Can we apply if my spouse is undocumented?

A3: Yes, depending on how they entered the U.S.
See HLG’s guide:
https://www.lawfirm4immigrants.com/immigration-options-for-undocumented-spouse/

Q4: Can a fiancée visa (K-1) convert to a green card?

A4: Yes—after marriage within 90 days, file AOS.

Q5: Do I need a lawyer for a marriage case?

A5: Not required, but highly recommended due to increased 2026 scrutiny.

Forms & Filing

Q6: Do we file I-130 and I-485 together?

A6: Yes—if the immigrant spouse is eligible to adjust status.

Q7: Do I need the I-693 medical exam before filing?

A7: It’s optional at filing, but strongly recommended to avoid delays.

Q8: Can I travel while my green card is pending?

A8: Only with approved Advance Parole (I-131).
Do NOT travel before approval.

Q9: Should I include tax transcripts or 1040 forms?

A9: USCIS prefers tax transcripts.

Q10: Can I e-file everything?

A10: Most forms now require or strongly encourage e-filing.

Evidence & Documentation

Q11: How many photos should we provide?

A11: 20–40 photos with dates, locations, and people identified.

Q12: Do we need joint bank account statements?

A12: Highly recommended. 6–12 months if possible.

Q13: What if we do not live together yet?

A13: You must provide strong alternative evidence.

Q14: Are wedding photos enough?

A14: No. They must be paired with other evidence.

Q15: Should we write affidavits from friends/family?

A15: Yes—3–6 affidavits help, but cannot replace financial evidence.

Interview Questions

Q16: What do officers ask at interviews?

A16: Questions about your relationship, home, finances, family, and daily routines.

Q17: Will we be separated (Stokes interview)?

A17: Cleveland often separates; Columbus rarely; Cincinnati almost never.

Q18: How long does the interview last?

A18: 15–45 minutes typically; Cleveland may run 60–90 minutes.

Q19: Can my lawyer attend?

A19: Yes—your attorney may attend in person or by phone.

Q20: What if we disagree on an answer?

A20: Small discrepancies are normal; major ones cause problems.

RFEs & NOIDs

Q21: Why did I get an RFE?

A21: Missing documents, insufficient evidence, tax issues, or address inconsistencies.

Q22: What is a NOID?

A22: A Notice of Intent to Deny—issued when USCIS doubts the marriage.

Q23: How serious is a NOID?

A23: Extremely serious. Respond with legal counsel.

Q24: How long do I have to respond?

A24: Usually 30 days.

Q25: What is the #1 cause of NOIDs?

A25: Weak or inconsistent evidence of a shared life.

Denials

Q26: What happens if we are denied?

A26: You may appeal, refile, or consider a motion to reopen.

Q27: Can USCIS deport me after denial?

A27: It is possible. Immediate legal consultation is critical.

Q28: Can a denial be overturned?

A28: Yes—many denials can be reversed with strong evidence.

Q29: Why are Cleveland denials higher?

A29: Cleveland officers follow stricter interview patterns and fraud indicators.

Q30: Can marriage fraud accusations be fixed?

A30: Rarely. You must provide overwhelming evidence.

Public Charge & Finances

Q31: Do we need tax returns?

A31: Yes—3 years recommended; transcripts preferred.

Q32: What income is required?

A32: At least 125% of the Federal Poverty Guidelines.

Q33: Can assets replace income?

A33: Yes—assets worth 5× the shortfall may qualify.

Q34: Does credit score matter?

A34: Yes—under expanded public charge interpretation.

Q35: Does being unemployed hurt the case?

A35: Yes—unless strong savings/assets mitigate risk.

Consular Processing

Q36: How long does CR-1 take?

A36: 14–22 months.

Q37: Can I expedite at NVC?

A37: Yes—but only for urgent humanitarian or financial hardship reasons.

Q38: What documents does NVC require?

A38: See official list:
https://travel.state.gov/content/travel/en/us-visas/immigrate/step-1-submit-a-petition.html

Q39: How long does the embassy interview last?

A39: Usually 10–20 minutes.

Q40: Can my U.S. spouse attend the consular interview?

A40: Not usually, except in rare countries.

After Approval

Q41: When will I receive my green card?

A41: 2–6 weeks after entry or approval.

Q42: When can I work?

A42: Immediately upon receiving the green card.

Q43: When can I apply for citizenship?

A43: After 3 years if still married to a U.S. citizen.

Q44: What if we divorce?

A44: You must file an I-751 waiver.

Q45: Can I travel freely?

A45: Yes—after receiving your green card.

Special Situations

Q46: We have children together—does it help?

A46: Yes, significantly.

Q47: We live with family—does it hurt?

A47: No—but provide consistent address documentation.

Q48: We married quickly—will that hurt?

A48: Possibly. Provide stronger evidence.

Q49: We met online—does USCIS care?

A49: No, but provide a clear communication history.

Q50: We have a big age gap—does that matter?

A50: Yes—age gaps are fraud indicators under 9 FAM 601.14-1, so provide extra evidence.

Ready to Win Your Marriage Green Card Case in 2026?

Herman Legal Group has helped immigrant families for 30+ years, with offices in Cleveland, Columbus, Cincinnati, and serving clients worldwide.

Whether you need help filing, preparing for an interview, responding to an RFE/NOID, or appealing a denial:

👉 Schedule your consultation today:
https://www.lawfirm4immigrants.com/book-consultation/

📞 Call: 1-800-808-4013
🌐 www.LawFirm4Immigrants.com

Ohio & National Immigration Law Firm Comparison

Firm

Location

Strengths

Insight

Herman Legal Group Cleveland, Columbus, Cincinnati + Nationwide 30+ years experience, multilingual team, high success in marriage cases, deep Ohio USCIS interview insight Premium service
Fragomen National/Global Corporate immigration expertise Not focused on family/marriage cases
Murthy Law Firm National Strong H-1B reputation Not Ohio-based
Local Solo Practitioners Ohio Low cost Limited staff, limited marriage-case volume

Why HLG Outperforms in Marriage Cases

  • Specific experience with Cleveland, Columbus, Cincinnati interview patterns
  • Extensive RFE/NOID defense
  • Personalized preparation and mock interviews
  • Strong understanding of Project 2025 and Trump-era shifts

download 2026 marriage green card list. prepared by richard t. herman at herman legal group

DOWNLOAD: Marriage Based Green Card Checklist (from Herman Legal Group)

Download the 2026 Marriage Green Card Checklist (PDF)

Resource Directory

Herman Legal Group Articles

USCIS

State Department & FAM

Key deep links:

  • 9 FAM 502.2-1(C) (CR-1/IR-1 Eligibility)
  • 9 FAM 504.4-8(E) (Civil Documents)
  • 9 FAM 302.8-2(B) (Public Charge)
  • 9 FAM 601.14-1 (Fraud Indicators)
The 90 Day Rule Explained: The Complete Guide You Need

When a foreigner wants to obtain a green card while being in the U.S., it may happen that he or she rushes things and apply their adjustment of status application before a certain period of time expires. Such practice can cause severe consequences, so it is essential to be informed about what you should and shouldn’t do while in the U.S. on most temporary visas and think it through before making any wrong steps that can cost you staying and living in the U.S.

Here we will discuss 90-day rule and some other information that will be helpful on your green card journey.

In any moment if you have questions and concerns, our experienced immigration attorneys will gladly help you! Contact us today and book your consutation.

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Maintaining Nonimmigrant Status For Certain Visa Categories

Firstly, it is important to understand how U.S. immigration laws prevents misusing the immigration rights.

The U.S. Department of State made a change to its Foreign Affairs Manual by defining a tool for detecting potential misrepresentation. This change affects the process of inadmissibility evaluation in some instances.

The change included eliminating the previous rule by establishing a stricter standard known as the “90-day rule.” Using this rule, USCIS officials apply a presumption that a nonimmigrant visa holder made a willful misrepresentation at admission or application for a nonimmigrant visa when he or she enters the U.S. and within 90 days engages in conduct inconsistent with his or her nonimmigrant status. This rule became effective in September 2017, replacing the older 30/60-day rule. An immigration officer has the authority to approve or deny visas and will evaluate any potentially inconsistent conduct within the first 90 days of entry.

If you are on your way to applying for a green card from the United States or changing and adjusting your temporary residency status, it is essential to get the correct information about the 90-days rule and how USCIS officials may use it to decide on your inadmissibility.

The Short Nonimmigrant Intent Explainer

When applying for most nonimmigrant visas, the applicant must prove that he or she plans to return to the home country upon the trip’s purpose is completed.

Temporary visa categories are B, F, J, M, Q, TN, and visa waiver program visitors. Those visas have short-term activities, such as tourism, business, education, and some temporary employment. TN visa holders, like those in other single-intent categories, must demonstrate their intent to leave the U.S. after a temporary stay.

‘Nonimmigrant intent’ means that the visa holder did not plan to stay permanently in the U.S., so he or she only needed the temporary visa when entering the U.S. The U.S. immigration law recognizes a presumption of immigrant intent and imposes the burden of proof on nonimmigrant visa applicants. They have to prove nonimmigrant intent and that they have sufficient ties to their home country (financial ties, immediate relatives, etc) to compel them to leave the U.S. and not abandon their residence abroad.

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Applying for the Marriage Green Card

If you recently married a green card holder or a U.S. citizen, do not rush to adjust your status because, as we said previously, the U.S. Citizenship and Immigration Services (USCIS) designed the 90-day rule to stop people from using temporary use visas for unintended purposes. In the green card process, your application will be intensely scrutinized.

What is the 90-day rule?

The 90-day rule refers to a presumption that a nonimmigrant visa holder made a willful misrepresentation at admission or application for a nonimmigrant visa when that nonimmigrant enters the U.S. and within 90 days engages in conduct that is not allowed with their nonimmigrant status.

Honesty during the visa application process is crucial, as misrepresentation can have serious consequences for future immigration benefits.

The Policy Manual that was changed in 2018 indicates that the 90-day rule is not binding on USCIS but it helps officers to evaluate cases and determine whether the green card applicant applying from within the U.S. misled government officers when granted a visa or admitted to the country.

Can You Still Convince Immigration Official if You Adjust Status Before 90 day Period Expires?

Visa holders who filed their application within 90 days may still convince USCIS officers that their original intent was genuine. Officers will consider whether the applicant originally intended to leave the U.S. or remain, based on the circumstances and evidence provided.

This will especially be the case for applicants whose personal or professional situation changes significantly and unexpectedly during their first 90 days. But, remember that proving nonimmigrant intent is not easy, so it’s highly advisable to avoid any conducts that could raise officers’ concerns over the 90-day rule.

90-day rule vs. the 30/60-day rule

Before Policy Manual changes, USCIS used a “30/60 rule” to evaluate an applicant’s non-immigrant intent.

Adjusting Status Within 30 Days

Applicants who wants to adjust his or her nonimmigrant status within 30 days of entering the U.S. were presumed to involve misrepresentation of purpose, and often, they were denied.

Adjusting Status Between 30 and 60 Days

Applicants who filed their applicaions for adjustment of status between 30 and 60 days of entering the U.S. immigration officials found suspicious, but their applications were not necessarily disqualified. Applicants who waited at least 60 days after entering the United States to file their adjustment of status applications were generally not problematic.

What Has Changed For Green Card Applicants?

The current 90-day rule, which is stricter than the 30/60, applies to all applicants. USCIS officers will find that applicants misrepresent their original intentions in case they marry a U.S. citizen or lawful permanent resident or apply for an immigrant visa within 90 days of entering the U.S. if they cannot prove otherwise.

Also, the 90-day rule means that foreigners admitted to the U.S. for up to three months, such as many visa-waiver program users, have limited scope to adjust permanent resident status without triggering the 90-day rule. Other visa waiver programs also allow short-term visits for purposes such as tourism, education, or temporary work, and it is important to maintain nonimmigrant intent when using these categories.

Who the 90-Day Rule Affects?

The 90-day rule applies to all non immigrant visa holders who entered the U.S. to stay temporarily. This includes those with a non immigrant visa, such as a B-2 (tourist visa). However, it does not apply to those holding dual intent visas like H-1B or L-1 visas.

The 90-day rule doesn’t apply to those holding a dual intent visa (H, L visas).

During the first 90 days upon entering the U.S., a “single-intent” visa holder (such as someone on a B-2 tourist visa) cannot:

  • Engage in unauthorized employment
  • Enroll in an unauthorized course of study (without a proper student visa)
  • Enter into a marriage with a U.S. citizen or green card holder
  • File an “adjustment of status” application (Form I-485)

If a visa holder engages in any of these activities within the first 90 days, it may be considered a violation of their non immigrant visa status. Additionally, K-1 fiancé visa holders must marry their U.S. citizen petitioner within 90 days to proceed with their green card application.

If non immigrant visa holders take any of these actions within 90 days after entering the U.S., government officers could determine they misrepresented the original intent if specific evidence arises during their application process. Actions that may trigger the presumption of misrepresentation include applying for a green card, engaging in unauthorized employment, or enrolling in an academic course without the proper visa. If you mention during the visa interview that you originally came to the U.S. intending to remain, you could face problems even if you were married or applied for a green card more than 90 days after you entered the country.

You can refer to your I-94 arrival/departure record to determine your entry date. The 90-day rule applies to your most recent entry to the U.S. If you have multiple I-94 forms or multiple entries, always refer to that most recent entry.

How it Affects Dual intent visas?

Like the H-1B or L-1 work visas, some U.S. visas are known as “dual intent.” Dual intent means the visa holder can use the visa while simultaneously planning to relocate permanently to the U.S.

Dual intent visa holders don’t need to worry about the 90-day rule.

People holding “single intent” visas and those using the Visa Waiver Program / ESTA — aren’t allowed to come and remain permanently in the U.S. So, by marrying or applying for a green card, they risk being found to have misrepresented their original intent. Travelers on single-intent visas, like B-1 (business) and B-2 (tourist), are most affected by the 90-day rule.

Crucially, “single intent” visa-holders can change their minds once they’re in the U.S. and marry or apply for a green card. Since they came to the U.S. to stay temporary and according to their status, they were granted a certain visa. But, now their intention to apply to become lawful permanent residents raises questions and, most importantly, the government’s concern about whether an applicant initially intended to leave or not.

To tackle this problem, United States Citizenship and Immigration Services USCIS designed the 90-day rule, stating that temporary visa holders who marry a United States citizen or a lawful permanent resident or apply for a green card within 90 days upon arrival in the U.S. will be presumed to have violated the terms of a nonimmigrant visa. Misrepresentation under the 90-day rule can result in a lifetime ban from entering the United States.

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How to count 90 days?

When thinking of applying the 90-day rule to your situation, you need to know how many days you have already spent in the U.S. To figure this out, you should look at the most recent entry date from your I-94 travel record (the “Form I-94 Arrival/Departure Record”).

On this date, you should add 90 days, and you will gate the date, which is the last one counted in the application of 90 days rule to your entry.

How does It Affect Repeated Entries?

This rule applies to your most recent entry only. If you stay more than 90 days on one stay, leave the U.S. and then return, this action will reset the “90 day clock.”

You have to wait for 90 days to avoid breaking the rule before applying for an adjustment of status application or before marrying a green card holder or a U.S. citizen.

How does the It Affect Multiple Visas Holders?

Again, the 90-day rule will be applicable only to your most recent visa. So, if you visited the U.S on a H-1B visa and later left and returned using the single-intent Visa Waiver Programs, only the most recent entry and visa status would be considered.

What To Expect If You Break The 90-day Rule

Immigration officials are not obliged to follow this rule strictly. Instead, it only serves as guidance for government officers when assessing visa applications. As we stressed out thought this article, USCIS officers use the 90-day rule to determine whether the applicant misrepresented the original intent when first seeking a visa and traveling to the U.S.

Immigration officers are responsible for assessing the applicant’s honesty, conduct, and compliance with visa terms to determine admissibility and immigration status.

Even though in theory you could convince the officer by presenting evidence to the contrary, it is essential to have this in mind and restrain from doing any activities that USCIS officers may find suspicious. If you are a single-intent visa holder and got married or filed a green card application within 90 days upon entering the U.S., the USCIS officer who reviews your case will presume that you did not enter the U.S. for reasons you initially claimed. The U.S. government takes these perceived deceptions very seriously: your green card application will probably be denied. Moreover, it also can affect your existing visa, which could be revoked.

Beyond the 90-day period, immigration officers may rely on reasonable belief to challenge an applicant’s intentions, even if no formal presumption of fraud exists.

Common Immigration Mistakes to Avoid

Navigating the U.S. immigration process can be overwhelming, and even small missteps can have serious consequences for your visa status or future as a lawful permanent resident. One of the most important concepts to understand is the 90 day rule, which applies to nonimmigrant visa holders who engage in conduct inconsistent with their nonimmigrant status within 90 days of their most recent entry to the United States. Violating this rule can lead to allegations of visa fraud, denial of adjustment of status, or even revocation of your existing visa.

A frequent source of confusion is the difference between dual intent visas and single intent visas. Dual intent visas, such as H-1B and L-1, allow visa holders to enter the U.S. temporarily while also having the option to pursue permanent resident status. In contrast, most nonimmigrant visas—including B, F, J, M, Q, and TN visas, as well as those entering under the visa waiver program—require you to prove nonimmigrant intent. This means you must demonstrate to consular officers during your visa interview that you plan to return to your home country after your temporary stay, often by showing strong financial ties, such as bank accounts, employment, or property.

One of the most common mistakes nonimmigrant visa holders make is engaging in unauthorized employment or enrolling in school without the proper visa category. Such actions are considered conduct inconsistent with your nonimmigrant status and can trigger the 90 day rule, raising suspicions of immigrant intent. It’s essential to fully understand the terms and conditions of your nonimmigrant visa and avoid any activities that could be interpreted as a violation of your status.

Another pitfall is failing to keep accurate records of your entry and exit dates. The 90 day rule is calculated from your most recent entry date, as recorded on your Form I-94 Arrival/Departure Record. If you have multiple visas or have entered the U.S. several times, remember that the rule applies to your most recent visa and entry. Holding multiple visas does not exempt you from compliance with the 90 day rule or other immigration laws.

To avoid these and other common mistakes, always provide honest and thorough information during your visa interview, maintain documentation of your financial ties to your home country, and consult with an experienced immigration attorney if you are unsure about your status or eligibility for adjustment of status. By understanding the 90 day rule, the difference between dual intent and single intent visas, and the importance of proving nonimmigrant intent, you can protect your nonimmigrant status and move forward confidently on your path to becoming a permanent resident or United States citizen.

Why You Should Hire Richard Herman Today

When you need help with filing an adjustment status application, preparing different kinds of immigration forms, or dealing with different complex scenarios on your immigration journey, you need the legal services of an experienced immigration attorney. Consultation with an immigration attorney is advisable if there are concerns about the implications of the 90-day rule.

Any mistake and breach of immigration law can affect your petition on a case-by-case basis and prevent you from getting a green card.

Herman Legal Group has over 26 years of experience with the most experienced immigration attorneys who offer quality immigration services.

You can schedule a consultation with us via Skype, Zoom, WhatsApp, or Facetime, or you can decide to visit our worksite location to discuss your case. You can contact us via +1-800-808-4013 or +1-216-696-6170. If you prefer to speak with Richard Herman, you can also book your consultation online.

 

GOVERNMENT RESOURCES

Quick note: The “90-day rule” appears in the U.S. Department of State’s Foreign Affairs Manual (9 FAM 302.9) as consular guidance about inconsistent conduct within 90 days of entry and potential misrepresentation under INA § 212(a)(6)(C)(i). USCIS does not have a separate “90-day rule”, but it does assess fraud/willful misrepresentation under the statute and Policy Manual using a totality-of-the-evidence approach.

  • INA § 212(a)(6)(C)(i) — Fraud & Willful Misrepresentation (Inadmissibility)
    Statutory ground used when conduct suggests misrepresentation of intent at entry.
    Read the statute (U.S. Code/GovInfo)
  • DOS 9 FAM 302.9 — Grounds of Inadmissibility: Misrepresentation (includes the “90-day rule”)
    Consular guidance on inconsistent conduct after entry and how to assess potential misrepresentation.
    9 FAM 302.9 (Foreign Affairs Manual)
  • USCIS Policy Manual — Volume 8, Part J (Fraud and Willful Misrepresentation)
    USCIS’s adjudication framework for INA 212(a)(6)(C)(i) determinations in benefits cases.
    USCIS PM: Vol. 8, Part J
  • USCIS Policy Manual — Volume 7 (Adjustment of Status), esp. eligibility/bars & intent
    How USCIS evaluates Adjustment of Status (AOS), including admissibility and documentary requirements.
    USCIS PM: Vol. 7 (Adjustment of Status)

  • Change My Nonimmigrant Status (Form I-539)
    Steps and eligibility to change status inside the U.S. after entry (e.g., B-2 → F-1).
    USCIS: Change My Nonimmigrant Status
  • Adjustment of Status (Form I-485)
    Overview of AOS for those seeking permanent residence from inside the U.S.
    USCIS: Adjustment of Status
  • Advance Parole (Form I-131) — Travel While AOS Is Pending
    Travel permission while an AOS application is pending to avoid abandonment.
    USCIS: Form I-131
  • Employment Authorization (Form I-765) — While AOS Pending
    Apply for a work permit during the AOS process.
    USCIS: Form I-765
  • I-94 Admission Record (CBP)
    Retrieve entry record; often relevant to proving lawful admission and timing of post-entry conduct.
    CBP: Get Your I-94

  • 9 FAM 302.9 (Detailed) — Misrepresentation & “Inconsistent Conduct”Full DOS guidance that includes the 90-day rule framework for post-entry activity. 9 FAM 302.9 (DOS)
  • Visitor (B-1/B-2) Visa Overview — Temporary IntentDOS overview of visitor visas, emphasizing nonimmigrant intent at entry. A consular officer conducts the visa interview and assesses the applicant’s eligibility based on their responses regarding nonimmigrant intent and ties to their home country. DOS: Visitor Visas (B-1/B-2)
  • U.S. Embassy/Consulate DirectoryCountry-specific instructions (documents, interviews) if consular issues arise. Find a U.S. Embassy/Consulate

Admissibility, Waivers, and Case Problem-Solving

  • Waiver of Inadmissibility (Form I-601)
    If a 212(a)(6)(C)(i) finding is made, certain applicants may seek a discretionary waiver.
    USCIS: Form I-601
  • USCIS Case Status (Receipt Lookup)
    Track benefit cases (AOS/I-539/I-130) as timing relates to post-entry conduct.
    USCIS: Check Case Status
  • USCIS Processing Times
    Monitor adjudication timeframes; useful context when analyzing conduct and timing.
    USCIS: Processing Times
  • USCIS Expedite Criteria
    Standards for considering an expedite request (limited, discretionary).
    USCIS: How to Make an Expedite Request
  • DHS CIS Ombudsman — Case Assistance
    Independent help channel for case delays or process issues.
    CIS Ombudsman
  • USCIS FOIA — Get Your File
    Obtain records to evaluate historical entries, filings, and misrepresentation findings.
    USCIS: FOIA Request

Professional Associations & Trusted Nonprofits (Education & Practice)

These organizations publish practice advisories and explainers that help interpret the 90-day rule, misrepresentation standards, and strategic considerations around post-entry conduct and benefits filings.

  • American Immigration Lawyers Association (AILA) — Practice advisories, liaison updates, and policy analysis (member resources).
    AILA
  • American Immigration Council — Research and litigation resources on inadmissibility, misrepresentation, and agency practices.
    American Immigration Council
  • CLINIC (Catholic Legal Immigration Network, Inc.) — Family-based and humanitarian practice materials, community education.
    CLINIC
  • Immigrant Legal Resource Center (ILRC) — Practical guides on admissibility, AOS strategy, and waivers.
    ILRC
  • National Immigration Law Center (NILC) — Policy and community resources affecting nonimmigrants and status-related issues.
    NILC
  • ABA Commission on Immigration — Legal resources, policy analysis, and pro bono directories.
    ABA Commission on Immigration

Mini-Index (Task-Focused)

The New I-90 Crisis: Inside the Surge of RFEs for Green Card Replacements in 2025

By Richard T. Herman, Immigration Attorney

Quick Answer: What Is the “I-90 Crisis” in 2025?

In 2025, thousands of lawful permanent residents across the United States are discovering that a simple green card renewal or replacement using Form I-90 has turned into a high-stakes, high-stress process.

Instead of a routine filing, applicants are seeing:

  • Unusually detailed Requests for Evidence (RFEs) for documents that were never requested before
  • Longer processing times and stalled cases, sometimes stretching beyond a year
  • Identity-related questions, prior immigration records, and even marital history being pulled into what used to be a straightforward administrative filing
  • Job, travel, and driver’s license problems while the I-90 is stuck in limbo

If you’re filing or already filed an I-90 and received an RFE, you’re not alone—and you’re not imagining it.

To understand your options, start by reviewing:

And if you need tailored advice on a pending or complicated I-90, you can book a consultation with Herman Legal Group.

risks with I-90 application for replacement green card: usics using AI, checking for identity, criminal, abandonment, travel, etc. 2025-2026

Fast Facts: 2025’s I-90 Green Card Replacement Shock

Use this as a quick, scannable snapshot:

  • Form I-90 is the application to replace or renew a green card. See the official USCIS Form I-90 page.
  • In early–mid 2025, multiple analyses show record spikes in I-90 processing times—one report notes a jump from under a month to over 8 months, an increase of nearly 1,000% in a single quarter. (Rajulaw)
  • Practitioners around the country report greater scrutiny and more RFEs, especially involving identity, travel history, and prior files.
  • USCIS has leaned on fraud-prevention and data-matching tools, leading to more “flagged” cases for extra review.
  • Backlogs mean your I-90 can be pending even while your physical card expires, raising issues with employers, DMVs, and TSA.
  • DIY applicants are disproportionately hit with RFEs due to small mistakes, inconsistent addresses, or low-quality uploads.
  • For many families, the green card is the main proof of legal status—delays or denials cause real harm, not just paperwork headaches.

If you’re unsure whether you should file an I-90 at all, see Am I Eligible for a Green Card? for a broader status overview.

Section 1: What Is Form I-90, and Why Has It Become So Risky?

Form I-90 is the application used by lawful permanent residents (“green card holders”) to:

  • Renew an expiring 10-year green card
  • Replace a lost, stolen, or damaged green card
  • Update information (name change, biographical data, card errors, etc.)

For a detailed breakdown of who files I-90, when, and what evidence is normally required, see:

Historically: Low-Drama, Administrative

Traditionally, I-90 was seen as a low-risk, administrative filing:

  • Submit the form
  • Pay the fee
  • Provide a copy of your existing card
  • Attend biometrics
  • Receive a new card

RFEs and denials were relatively rare, especially for clean, well-documented cases.

2025 Reality: I-90 Is No Longer “Routine”

In 2025, I-90 filings are increasingly treated more like mini-investigations than simple renewals.

USCIS appears to be using the I-90 process to:

  • Re-verify identity and biographic information
  • Cross-check prior immigration history
  • Confirm there are no unresolved red flags, such as certain criminal issues or prior fraud findings

As a result, more cases that would have sailed through in prior years are now receiving RFEs, NOIDs, or prolonged “case under review” statuses.

Section 2: What Changed in 2025? Why Have RFEs and Delays Exploded?

Several overlapping forces are converging:

2.1 Data, Backlogs, and Risk Algorithms

Public and private analyses of USCIS statistics show:

  • Massive backlogs across multiple forms, including I-90
  • A sharp spike in I-90 processing times in early 2025—some analyses peg the increase in median processing time at over 900% in one quarter, from under a month to more than 8 months. (Rajulaw)

When an agency is overwhelmed, it often:

  • Uses risk-scoring tools to decide which cases to slow down
  • Flags more cases for additional evidence instead of quick approvals
  • Shuffles staff and reprioritizes forms (for instance, shifting resources from I-90s to “time-critical” applications)

2.2 Identity and Document Verification

USCIS and other agencies are increasingly using:

  • Automated identity-matching tools
  • Cross-checks with CBP travel history, SSA, and prior USCIS filings
  • Digital comparison of photos, signatures, and biometrics

If something doesn’t align—name spelling, dates, addresses, prior entries—your case may be flagged, and you may receive an RFE asking for:

  • Old passports, visas, I-94s
  • Certified birth or marriage certificates
  • Court records
  • Official name-change documentation

You can review official guidance and policies in the USCIS Policy Manual.

2.3 Policy Shifts and “Scrub” of Existing Residents

Even though I-90 doesn’t change your underlying status, a surge of RFEs suggests that USCIS is using renewal moments to “scrub” its database:

  • Confirm you are still the same person who was originally approved
  • Check you have not abandoned residence or committed certain disqualifying offenses
  • Make sure your underlying status is not in question

This doesn’t mean that every I-90 is a trap—but it does mean sloppy filings are suddenly dangerous.

Section 3: The New RFEs – What USCIS Is Asking For in 2025

RFEs in I-90 cases are appearing with patterns. Here are common themes Herman Legal Group is seeing across the country:

3.1 Name and Identity Discrepancies

USCIS may request:

  • Certified birth certificates with full names of parents
  • Certified marriage certificates and divorce decrees
  • Official name-change orders
  • Evidence explaining different spellings across documents

Even minor spelling differences between your current card, passport, and prior petitions can trigger an RFE.

3.2 Old Immigration Documents

You may be asked for:

  • Copies of old visas (even decades old)
  • I-94 arrival/departure records
  • Prior I-485, I-130, or other petition approval notices
  • Past EADs or expired cards

To reconstruct your immigration history, you may need to pull records via:

3.3 Address and Employment History

RFEs may focus on:

  • Gaps or overlaps in address history
  • Inconsistent employment information compared to prior filings
  • Suspicion that you may have abandoned residence

3.4 Criminal and Court Records

Some RFEs ask for:

  • Certified court dispositions
  • Police clearance letters
  • Proof that charges were dismissed

These may surface even if the incident was years ago.

3.5 Biometrics and Photo Issues

We’re also seeing RFEs for:

  • New photos conforming strictly to USCIS standards
  • Re-scheduled biometrics due to unreadable fingerprints or system issues

Section 4: Real-World Impact – When a “Simple” I-90 Derails a Life

When an I-90 becomes an RFE-ridden, delayed mess, the impact is very real.

4.1 Employment and I-9 Verification

Employers often rely on your physical green card for I-9 verification. While the law recognizes that LPR status doesn’t expire with the card, many HR departments:

  • Don’t understand the nuance
  • Are nervous about audits
  • Pressure employees to show unexpired cards

Delays in I-90 processing can translate into:

  • Difficulty onboarding for a new job
  • HR panic when your card expires during employment

4.2 Driver’s License and Real ID

DMVs in many states, including Ohio, may require:

  • A valid, unexpired green card to renew a license
  • Or to issue a Real ID-compliant license

An I-90 stuck in RFE or extended review can leave you unable to:

  • Renew your license
  • Register vehicles
  • Secure Real ID documents for domestic flights

4.3 Travel Disruptions

If your green card is:

  • Lost or stolen, or
  • Expired while the I-90 is pending

You may face:

  • Airline check-in issues
  • Boarding problems abroad
  • Delays returning to the U.S.

You may need to seek:

  • A temporary I-551 “ADIT” stamp through a USCIS appointment
  • Or emergency help at a U.S. consulate

4.4 Stress on Families, Especially in Marriage-Based Households

Families who built their lives on permanent residence—often through marriage to U.S. citizens or green card holders—report significant stress when a renewal gets complicated.

If you’re a marriage-based green card holder, see:

These contexts matter because some I-90 RFEs now reach back into marriage history and prior relationship evidence.

Section 5: How to Respond to an I-90 RFE in 2025 – Step-by-Step

A strong RFE response can save your case; a weak one can sink it.

Use this framework, then cross-reference with:
What to Do if You Have Received RFE or NOID.

Step 1: Read the RFE Line by Line

  • Identify every item USCIS is asking for.
  • Note the deadline—usually 87 days from the date of the notice.
  • Mark any warning language about potential denial.

Step 2: Map Each Request to Specific Evidence

Create a table or checklist:

  • Column 1: USCIS request
  • Column 2: Documents you can provide
  • Column 3: Documents you must locate, request, or reconstruct

Step 3: Fix Underlying Inconsistencies

If the RFE points to inconsistencies:

  • Make sure addresses match across forms, taxes, leases, and IDs
  • Clean up discrepancies in name spellings, dates, and marital status
  • Provide a brief written explanation if something can’t be perfectly aligned

Step 4: Over-Document, But Stay Organized

It is usually safer in 2025 to over-document rather than send bare minimum.

Include:

  • Clear, legible copies
  • Certified translations
  • Index and exhibit labels
  • A short cover letter explaining your response, preferably drafted by an attorney

Step 5: Preserve Your Timeline

  • Mail with a trackable service
  • Keep copies of everything
  • Save proof of delivery

Section 6: Common Traps That Trigger RFEs or Denials

Avoid these mistakes when filing I-90 in 2025:

  • Using inconsistent names or addresses compared to older filings
  • Uploading blurry or poorly scanned documents in online filings
  • Failing to disclose prior arrests or charges that are already in your file
  • Assuming “it’s just a renewal” and not taking the form seriously
  • Waiting until the last minute before card expiration, then scrambling when an RFE arrives

If your case is complex—or you’re already facing an RFE or NOID—consider getting help. You can book a consultation with Herman Legal Group for tailored strategy.

SECTION 7:  The Quiet Trap: How USCIS Uses I-90 RFEs to Examine Possible Abandonment of Residency

Most green card holders don’t realize this:

An I-90 renewal is sometimes the first moment in many years when USCIS takes a fresh look at whether a lawful permanent resident (LPR) has truly maintained their permanent residence in the United States.

And in 2025, abandonment analysis is no longer subtle.

Why I-90 Triggers Abandonment Review

When you file an I-90, you are affirming that you remain a U.S. permanent resident. USCIS uses your filing to check:

  • How long you have been outside the United States
  • Patterns of extended or frequent travel
  • Ties maintained (or not maintained) in the U.S.
  • Whether you appear to be living primarily abroad

This means that seemingly routine questions—dates of travel, address history, employment history—can suddenly matter a great deal. An I-90 RFE asking for travel logs, passport pages, or foreign employment records may actually be probing whether you abandoned residency.

Red Flags That Trigger “Abandonment” RFEs

USCIS officers are trained to pay attention to patterns like:

  • Trips longer than 180 days
  • Total time abroad exceeding 50% of the past two years
  • Work for a foreign employer without strong U.S. ties
  • Maintaining primary residence, schooling, or property abroad
  • Filing taxes as a nonresident alien
  • Significant gap between the expiration of the card and the I-90 filing

What Applicants Can Do to Protect Themselves

To avoid this hidden trap—especially during years of heightened scrutiny—LPRs should consider:

  • Apply for a Reentry Permit (Form I-131) before any trip expected to last more than six months.
  • Keep U.S. ties strong: bank accounts, driver’s license, home or lease, employment link, tax filings as a resident.
  • Maintain a clean, traceable travel history: keep copies of boarding passes, stamps, itineraries, proof of purpose of travel.
  • Document short-term travel hardships: caring for aging parents, medical treatment, temporary work assignments.
  • If extended travel is unavoidable, consult an immigration attorney to protect your status.

Why This Matters Now

In a climate where I-90s are examined more aggressively than in years past, green card holders must understand:
Your travel history is no longer background noise—it’s evidence.

For journalists covering immigrant experiences, this “abandonment scrutiny” is one of the most overlooked stories of 2025:
Permanent residents who have lived here for decades are suddenly being asked to prove they haven’t quietly ‘moved abroad’, even when their lives and families are entirely rooted in the United States.

what changed: why the big delays and RFEs in I-90 applications with USCIS in 2025??

SECTION 8: When Paperwork Erases a Person: The Human Toll of the I-90 Crisis

You can insert this as an emotional, reporter-magnet section.

One of the least discussed aspects of the current I-90 crisis is the emotional damage it does.

When USCIS delays or questions an I-90 application, what they’re really questioning is a person’s identity, history, and right to belong — often after decades of lawful residence in the United States.

Imagine this:

A lawful permanent resident who has been in the U.S. for 25 years—who bought a home, raised children, paid taxes, built a life—is suddenly unable to:

  • Renew a driver’s license
  • Start a new job
  • Visit a dying parent abroad
  • Prove their lawful status to a school or employer

Not because they did anything wrong.
But because their green card renewal “needs more evidence.”

This is where the system becomes more than bureaucratic—it becomes personal.

For Many Families, the Green Card Isn’t Just an ID. It’s the Lifeline.

When a renewal is delayed or questioned, people lose access to:

  • Their identity documents
  • Their sense of security
  • Their daily stability

Children suffer.
Elderly parents suffer.
Marriages suffer.

Immigrants who thought they were long past the fear of losing status are suddenly confronted with the dread they remember from the first years after arrival.

Why Everyone Should Care

These are not “immigration cases.”
These are American families living in limbo because of a bureaucratic bottleneck.

The I-90 crisis is a reminder that permanent residence is not always permanent in practice—and that for hundreds of thousands of lawful residents, the right to remain in America now hinges on a renewal system cracking under pressure.

SECTION 9 — Future Shock: How the I-90 Crisis Will Spill into Naturalization, Real ID, Employment Verification, and Airport Security

 

The I-90 crisis is not a standalone event. Its effects ripple outward into every other immigration and identity-based system.

Here’s how.

1. Naturalization Filings Will Be Distorted

Longer I-90 delays and RFEs mean:

  • Some LPRs delay filing N-400 because they fear triggering deeper scrutiny
  • Others rush N-400 filings as a workaround to avoid needing a new card
  • USCIS workloads shift unpredictably from I-90s to N-400s, causing new bottlenecks

The next 24 months will likely see the first major national wave of “abandonment RFEs” in naturalization cases—especially if applicants traveled extensively abroad during the pandemic years.

2. Real ID Enforcement Will Create a Second Crisis

As Real ID requirements tighten:

  • DMVs will require stricter proof of lawful presence
  • LPRs with stalled I-90s may struggle to renew driver’s licenses
  • TSA may see rising numbers of LPRs stuck without compliant ID

Imagine the headlines:
A national Real ID deadline colliding with a broken I-90 system.

3. Work Authorization Will Be Disrupted

Even though LPRs have permanent work authorization by law, expired cards cause real problems:

  • Employers misunderstand the regulations
  • HR systems auto-flag expired cards
  • Some companies incorrectly refuse to hire until a new card arrives

This creates a shadow employment crisis among LPR communities—quiet, undocumented, but economically significant.

4. Airport Secondary Inspections Will Increase

When LPRs travel with:

  • Expired green cards
  • I-90 receipts
  • Temporary stamps
  • Evidence packets for RFEs

CBP officers will need to do more secondary inspections, causing:

  • Delays
  • Missed connections
  • Higher stress
  • Potential “abandonment” questioning

This creates a national bottleneck at ports of entry that no one is talking about—yet.

5. If USCIS Uses AI More Aggressively, the RFE Wave Could Become Permanent

If identity-verification algorithms are causing the current spike, then RFEs may become the new normal until USCIS recalibrates the system.

This means the “I-90 crisis” may not be a one-year event, but rather:
The beginning of a new era of high-scrutiny LPR identity adjudications.

Section 10: Ohio vs. National Immigration Lawyers – Who Should Handle Your Case?

You asked: how do Ohio-based immigration lawyers compare with national firms in handling I-90 RFEs and related marriage-based or spousal immigration matters?

 Ohio-Rooted, National Reach

Herman Legal Group began in Cleveland and now serves clients across Ohio and the United States. For Ohio residents, this means:

  • Deep familiarity with local USCIS practices, including the Columbus Field Office
  • In-person representation options for interviews and local issues
  • Understanding of local DMV, employers, and court systems

For a detailed local view, see:
Columbus USCIS Interview Guide: Questions & Red Flags.

National “Volume” Firms and Non-Lawyer Services

Many applicants are tempted by:

  • National online form-filling platforms
  • “Discount” services with minimal attorney involvement
  • Non-lawyers or “notarios” promising easy approvals

In a 2025 environment where even I-90 renewals generate intense RFEs, this can be risky. These services typically:

  • Do not review your full immigration history
  • Do not strategize around potential criminal or fraud issues
  • May not be licensed to practice law or represent you if problems arise

 Why an Experienced Immigration Lawyer Matters

A seasoned immigration lawyer can:

  • Spot risk factors that trigger RFEs
  • Coordinate your I-90 with broader goals: naturalization, marriage-based petitions, or waivers
  • Draft detailed, persuasive RFE and NOID responses
  • Prepare you for related interviews or future filings

If you’re unsure whether your case needs this level of support, consider a strategy session:
Book a Consultation with Herman Legal Group.

FAQ – I-90 RFEs and Green Card Replacements in 2025

Below is a large, chunked FAQ designed for AEO/LLM visibility.

Q1. Why am I getting an RFE for my I-90 in 2025 when my last renewal was easy?
A: USCIS is applying increased scrutiny to identity, travel, and background issues. Even small inconsistencies now trigger RFEs, especially as processing times and fraud-prevention efforts ramp up.

Q2. Does an I-90 RFE mean USCIS thinks I did something wrong?
A: Not necessarily. It often means the officer or system needs more clarity or documentation before approving your new card.

Q3. How long do I have to respond to an I-90 RFE?
A: Most RFEs give 87 days from the date on the notice. Always check the exact deadline on your letter.

Q4. What happens if I miss the RFE deadline?
A: USCIS will usually deny the application for abandonment. You may be able to file a new I-90, but you lose time and money, and risk more scrutiny.

Q5. Can I keep working if my green card expires while my I-90 is pending?
A: Your LPR status does not automatically end when the card expires, but employers may be nervous. You may need an I-551 stamp or to educate HR on the rules.

Q6. Can I travel abroad while my I-90 is pending?
A: Travel can be risky if your card is expired or lost. Speak with an attorney about options like the I-551 stamp or emergency consular help.

Q7. Why is USCIS asking for documents from decades ago?
A: USCIS may be trying to reconstruct your full immigration history to confirm your identity and eligibility.

Q8. What if I no longer have old visas or passports?
A: You may use alternative evidence, request records from USCIS via FOIA, or obtain travel history from CBP I-94. A lawyer can help craft explanations when documents are unavailable.

Q9. Do I need a lawyer to answer an I-90 RFE?
A: It’s not required, but in 2025 many people seek legal help because RFEs are broader and more complex than before.

Q10. What if my RFE asks about criminal history?
A: Never ignore or downplay criminal issues. You should consult an immigration attorney immediately to avoid triggering removal risks.

Q11. Why is USCIS asking for my marriage certificate in an I-90 case?
A: If your name, status, or immigration path involved marriage, USCIS may want to confirm the history and identity links between your old and new documents.

Q12. Can an I-90 RFE lead to my green card being taken away?
A: In most routine cases, no. But if USCIS discovers serious fraud or ineligibility, they can initiate further action. That’s why serious RFEs should be handled carefully.

Q13. How long are I-90 processing times in 2025?
A: Data varies, but reports show median times ranging from several months to close to a year or longer, depending on the period and service center. (Rajulaw)

Q14. Can I file I-90 online?
A: Yes, many applicants can file online via USCIS’s official I-90 portal. Be careful with scans and uploads—low-quality images generate RFEs.

Q15. Is it better to file by mail or online in 2025?
A: It depends on your situation. Online filings are convenient but unforgiving for upload quality. Paper filings are slower but sometimes easier to organize. A lawyer can advise which is safer in your case.

Q16. I lost my green card. Should I file I-90 right away?
A: Yes, generally you should, and keep copies of any remaining documentation as proof of your status.

Q17. Can I get an I-551 stamp while my I-90 is pending?
A: Often yes, via a USCIS appointment, especially if you need proof of status for work or travel. Availability varies by field office.

Q18. What if my I-90 is denied after an RFE?
A: You may be able to refile, or in some cases file a motion or appeal. The best option depends on why it was denied.

Q19. Does filing N-400 (citizenship) solve my I-90 problem?
A: Sometimes. If you’re eligible for naturalization, you may avoid future I-90 filings. But timing and pending applications need strategic coordination.

Q20. My I-90 RFE mentions “possible abandonment of residence.” What does that mean?
A: USCIS may think you spent too much time abroad or otherwise broke the continuity of your residence. This is serious and needs legal analysis.

Q21. Are RFEs more common for people who filed without a lawyer?
A: Anecdotally, yes. DIY errors, missing documents, and inconsistencies are frequent RFE triggers.

Q22. Do Ohio residents face anything different?
A: The law is federal, but local USCIS practices and DMV rules matter. For example, the Columbus USCIS Interview Guide shows specific interview trends and red flags at that office.

Q23. Can an RFE delay my ability to renew a driver’s license?
A: Yes, if your card expires and you cannot present updated proof at the DMV.

Q24. Does an RFE mean my case is doomed?
A: No. Many I-90s with RFEs are eventually approved—if the response is complete and well-organized.

Q25. Why is USCIS asking for translations in my I-90 RFE?
A: All foreign-language documents must be accompanied by complete, certified English translations.

Q26. Should I send original documents?
A: Unless the RFE expressly demands originals, USCIS typically wants copies. Confirm instructions and keep originals safe.

Q27. Can I get my old immigration file from USCIS to respond to an RFE?
A: Yes, through a FOIA request, but it can take time—another reason not to wait until the last minute.

Q28. Are there special rules for conditional residents?
A: Conditional residents usually file I-751 or I-829 to remove conditions, not I-90. Consult a lawyer if you are unsure which form applies.

Q29. How do I know if my I-90 RFE is “normal” or a sign of deeper trouble?
A: The wording and requested evidence matter. If you see references to fraud, misrepresentation, or abandonment, talk to an attorney immediately.

Q30. Who should I contact if my I-90 case is stuck for over a year?
A: An attorney can help you evaluate options like service requests, congressional inquiries, or liaison channels.

 Resource Directory – Government, HLG, Media & Policy

A. Government Resources

B. Herman Legal Group Resources


Key Takeaways

  • I-90 is no longer a simple “renewal form.” In 2025, it has become a flashpoint for deeper identity and background checks.
  • RFEs are surging, demanding more and more documents—sometimes from decades past.
  • Processing times have exploded, turning basic card replacement into a high-risk waiting game for workers, travelers, and families.
  • Small mistakes now matter. Inconsistent addresses, weak scans, missing translations, and casual answers can trigger major delays or even denials.
  • Legal strategy helps. A well-planned I-90 filing and carefully crafted RFE response can mean the difference between a smooth renewal and a crisis.
  • If you’re facing an RFE, NOID, or long-stalled case, don’t go it alone—you can book a consultation with Herman Legal Group to review your options.

Número de la Green Card: Guía Integral

La green card es un documento esencial para quienes desean establecerse legalmente en Estados Unidos. Sin embargo, muchos se preguntan ¿qué es la green card? y ¿cuál es el número de la green card?.

En este artículo, desglosaremos de forma clara y detallada todos los aspectos relacionados con el número de la green card, incluyendo definiciones, pasos para localizarlo y su relevancia en el proceso migratorio. Nuestro objetivo es proporcionar información precisa y accesible para estudiantes, profesionales y cualquier persona interesada en la residencia permanente en USA.

Definiciones Clave

Utilizaremos listas de definiciones para aclarar los términos fundamentales:

  • Tarjeta de Residencia:
    Definición: Documento oficial que acredita la condición de residente permanente en Estados Unidos.
  • Número de la Green Card:
    Definición: Identificador único asignado a cada tarjeta de residencia, crucial para trámites y verificaciones.
  • Número de Residencia Permanente:
    Definición: Término utilizado para referirse al número asignado que identifica la condición de residencia permanente.
  • Número de Visa Americana en Tarjeta:
    Definición: Algunos documentos combinan información de la visa y la residencia, y este término se refiere al número que aparece en la tarjeta.

Origen y Estructura del Número de la Green Card

El número de la green card es una secuencia alfanumérica única que se asigna a cada tarjeta de residencia. Este número tiene un origen específico y cumple funciones críticas en la verificación y el procesamiento de la residencia permanente en USA.

Componentes del Número de la Green Card

Utilizaremos una lista de definiciones para desglosar los componentes clave:

Prefijo o Código Regional:
Definición: Parte inicial del número que indica la región o la oficina del USCIS que emitió la tarjeta.

Número Secuencial:
Definición: Una serie numérica que se asigna de forma consecutiva, garantizando la unicidad del documento.

Dígito de Control:
Definición: Un dígito final que ayuda a validar la autenticidad del número, evitando errores de transcripción.

¿Dónde se Encuentra el Número de la Green Card?

El número de la green card se localiza en una parte específica del documento. Los solicitantes a menudo se preguntan: ¿dónde viene el número de visa? o ¿cuál es el número de la visa en la tarjeta?. La respuesta es sencilla:

Ubicación en la Tarjeta:
El número aparece en la parte frontal de la tarjeta de residencia, generalmente en un recuadro destacado o junto a la fotografía del titular.

Verificación Adicional:
En algunos casos, también se puede encontrar en la documentación complementaria entregada durante el proceso de emisión, como en el recibo del USCIS o en la carta de aprobación.

Tabla de Ejemplo: Estructura del Número de la Green Card

A continuación, se muestra una tabla que ilustra la posible estructura de un número de la green card:

Componente Descripción Ejemplo
Prefijo/Código Regional Indica la región o la oficina emisora del USCIS. “A12”
Número Secuencial Serie numérica asignada de manera consecutiva para garantizar unicidad. “3456789”
Dígito de Control Dígito final que valida la autenticidad del número. “3”
Número Completo Combinación de todos los componentes. “A12-3456789-3”

Importancia del Número de la Green Card

El número de la green card es fundamental por varias razones:

Verificación de Identidad: Permite a las autoridades confirmar la autenticidad del documento y la identidad del titular.

Trámites Migratorios: Es esencial para cualquier trámite relacionado con la residencia permanente y otros procesos legales en Estados Unidos.

Control y Seguimiento: Facilita el seguimiento del caso a través de sistemas digitales y el portal del USCIS, ayudando a mantener la información actualizada.

Uso y Verificación del Número de la Green Card

El número de la green card no solo es un identificador, sino que cumple funciones críticas durante el proceso de trámites migratorios. Aquí se explica cómo utilizar y verificar correctamente este número, integrando de forma natural palabras clave LSI como numero de registro de extranjero y cual es el numero de mi visa.

Pasos para Verificar el Número de la Green Card

A continuación, se presenta una lista de pasos esenciales que facilitan la verificación del número de la green card:

Paso 1: Localiza el Número en tu Tarjeta

Inspecciona la parte frontal de tu tarjeta de residencia. Normalmente, el numero de green card se encuentra en un recuadro junto a tu fotografía o en una sección designada para información de identificación.

Paso 2: Consulta Documentación Complementaria

Verifica el número en documentos adicionales, como el numero de recibo USCIS o en la carta de aprobación. Esto es útil si no estás seguro de la validez del número que ves en la tarjeta.

Paso 3: Utiliza el Portal del USCIS

Ingresa al portal oficial del USCIS y utiliza el número para acceder a la información actualizada de tu caso. Esto permite confirmar que el numero de tarjeta de residencia es correcto y está registrado en el sistema.

Paso 4: Consulta a un Profesional

Si tienes dudas o encuentras inconsistencias, es recomendable contactar a un abogado especializado en inmigración para recibir asesoramiento.

Tabla de Verificación del Número de la Green Card

La siguiente tabla detalla los métodos de verificación junto con sus características, ventajas y posibles limitaciones:

Método de Verificación Descripción Ventajas Limitaciones
Inspección Visual en la Tarjeta Revisar la parte frontal de la tarjeta para identificar el numero de tarjeta de residencia. Acceso inmediato y sin necesidad de herramientas adicionales. Puede haber errores de impresión o desgaste físico.
Consulta de Documentación Complementaria Verificar el número en el numero de recibo USCIS o en la carta de aprobación. Asegura coherencia entre múltiples documentos. Requiere tener acceso a todos los documentos pertinentes.
Uso del Portal del USCIS Ingresar el número en el portal oficial para confirmar la validez y estado del caso. Proporciona información actualizada y verificación oficial. Necesita conexión a internet y credenciales de acceso.
Asesoría Profesional Contactar a un abogado especializado para confirmar la autenticidad del número y solucionar cualquier duda. Recibe asesoramiento experto y personalizado. Puede tener costo adicional y requerir citas.

Importancia en Trámites Migratorios

El número de la green card es fundamental en diversos trámites, incluyendo:

  • Verificación de Identidad y Autenticidad: Permite confirmar la autenticidad del documento y la identidad del titular.
  • Acceso a Servicios y Beneficios: Es necesario para acceder a servicios públicos, beneficios migratorios y para actualizar información personal en el sistema del USCIS.
  • Resolución de Inconsistencias: Un número mal registrado o incorrecto puede generar retrasos en la aprobación de la residencia, por lo que su verificación es crucial.

Problemas Comunes y Soluciones

A continuación, se presenta una lista de problemas habituales relacionados con el número de la green card y las soluciones recomendadas. Se destacan palabras clave LSI como numero de residencia, numero de tarjeta de residente permanente y cual es el numero de la residencia permanente para reforzar el contenido de forma natural.

Problema: Error en la Impresión del Número
Solution: Revisar minuciosamente la tarjeta al recibirla y, si se detecta algún error, contactar inmediatamente al USCIS para solicitar una corrección.

Problema: Inconsistencia entre Documentos
Solution: Verificar que el numero de green card coincida en todos los documentos oficiales, como el numero de recibo USCIS y la carta de aprobación.

Problema: Dificultad para Localizar el Número
Solution: Seguir los pasos descritos previamente: localizar visualmente el número en la tarjeta y corroborarlo con la documentación complementaria.

Problema: Dudas sobre la Validez del Número
Solution: Utilizar el portal del USCIS para confirmar que el número registrado corresponde a tu caso, y en caso de duda, consultar con un profesional en inmigración.

Puntos Clave a Recordar

  • Definición y Ubicación: Comprender qué es la green card y saber dónde encontrar su número es esencial para cualquier trámite migratorio.
  • Verificación y Uso: La correcta verificación del número a través del portal del USCIS y otros métodos garantiza que tu información esté actualizada y sea auténtica.
  • Solución de Problemas: Abordar y resolver problemas comunes, como errores de impresión o inconsistencias documentales, es vital para evitar retrasos.
  • Acción y Seguimiento: Mantener una revisión periódica y consultar con profesionales en caso de duda te permitirá gestionar de manera eficiente tu estatus migratorio.

Tabla de Problemas y Soluciones Avanzadas

La siguiente tabla resume los problemas comunes, las soluciones recomendadas y los beneficios de aplicar estas estrategias:

Problema Solución Recomendada Beneficio
Error en la Impresión del Número Revisar la tarjeta inmediatamente y contactar al USCIS para corrección. Garantiza que la información sea precisa y evita futuros inconvenientes.
Inconsistencia entre Documentos Corroborar el número en todos los documentos oficiales (tarjeta, recibo, carta de aprobación). Asegura coherencia y reduce el riesgo de demoras en trámites migratorios.
Dificultad para Localizar el Número Seguir una guía visual y utilizar herramientas digitales como el portal del USCIS para confirmar la ubicación. Facilita la verificación y elimina confusiones sobre el número de residencia.
Dudas sobre la Validez del Número Consultar el portal del USCIS y, si es necesario, acudir a un profesional en inmigración para asesoramiento personalizado. Confirma la autenticidad del número y proporciona tranquilidad al solicitante.

Preguntas Frecuentes

En resumen, conocer y verificar correctamente el número de la green card es una parte indispensable para mantener la integridad y la eficacia en tus trámites migratorios. Con una revisión constante, el uso de herramientas digitales y asesoramiento profesional, puedes asegurar que todos los aspectos relacionados con tu residencia permanente se manejen de forma precisa y sin contratiempos.

Te invitamos a utilizar esta guía como una herramienta práctica y a mantenerte informado sobre cualquier actualización en las políticas y procedimientos migratorios. ¡Tu camino hacia la residencia americana se vuelve mucho más claro y manejable cuando tienes la información correcta!

Ayuda Legal Experta En Herman Legal Group, LLC

24/7 Soporte, A Solo Una Llamada De Distancia!

The Process of Getting a GREEN CARD in the US!
The process of getting a GREEN CARD in the US!
Green Card Number – What You Need to Know

In the following article, we will clarify the topic of Green Card Number. To illustrate it properly, we will cover the basics of the Permanent Resident Card, introduce you to the Green Card Number itself, show you how to read it, and decipher all the mysterious numbers it consists of. You will also find out the differences between this particular number and the other widely used number related to immigration services. We will also present you with different Green Card designs, so you can easily read all the important information right from your card.

Permanent Resident Card – The Basics

Green Card is a common name for the identification card issued by U.S. Citizenship and Immigration Services (USCIS) to permanent residents – permanent resident card. A permanent resident is an immigrant, who is legally allowed to live and work in the U.S. indefinitely. It is important to note here, that although some permanent resident cards contain no expiration date, most are valid for 10 years.

If you have been granted conditional permanent resident status, the card is valid for 2 years. Green cards got their nickname because they were green in color from 1946 to 1964 at the beginning of the introduction. This was adopted easily, especially since it was inconvenient to use the official name. Throughout the passing decades, they were decorated in all sorts of colors: blue, pink, or yellow. In 2010 they became green again.

What is a Green Card Number?

A green card number is an individually assigned number that U.S. Citizenship and Immigration Services (USCIS), a government agency, used to track your case, before issuing the Green Card.

A permanent resident card number is a 13 digit number listed on every Green Card. It often begins with 3 letters followed by 10 numbers. We will show you how to recognize this number and decipher the number in the next passage.

Another name for Green Card Number is a receipt number.

Green Card Number = Permanent Resident Card Number = Receipt Number

How to read a Green Card Number?

Green Card Number is located on the bottom of the back of the card, directly in the first line of this long set of characters. As we mentioned above, you should search for 13 digits starting with 3 letters. Those letters have their specific meaning, they stand for the U.S. Citizenship and Immigration service center that received your resident status case. On this specimen, you can see “LIN”.

LIN stands for Lincoln Service Center (now known as Nebraska Service Center). It means that your case was received there.

Right after the service center code, you can see two digits that represent the fiscal year the case was received. It is important to remember that the fiscal year is not the same as a calendar year. The fiscal year is counted from October 1 to September 30.

To give you some perspective, as an example, if your case was received by a service center on the 15th of October, 2019, your Green Card Number would have a fiscal year of two numbers – 20. If a case was filed between October 2016 and September 2017, your Permanent Resident Card Number will have number 17 in this respective position.

Following the fiscal year, 3 digits indicate the workday that the case was opened on a computer. Those 3 numbers for workday are based on 365/366 days per year, minus holidays and weekends. So if your green card reads TSC 21 043, your case was received at the Texas Service Center in the 2021 fiscal year, on the 43rd workday.

The last 5 numbers represent your unique immigrant case number — the number of the approved case that finished in a success of a green card being granted to you.

Green Card acronyms you may want to know

CSC – California Service Center

EAC – Eastern Adjudication Center (now known as Vermont Service Center)

IOE – ELIS (file)

MSC – Missouri Service Center (now known as National Benefits Center)

NBC – National Benefits Center

NSC – Nebraska Service Center

TSC – Texas Service Center

VSC – Vermont Service Center

WAC – Western Adjudication Center (now known as California Service Center)

YSC – Potomac Service Center

More Examples of Green Card Numbers

The below are specimens of the Green Card with marked Receipt Numbers on them. Since these are just examples and not real Green Cards, only service center numbers have a real significance.

LIN stands for Lincoln Service Center (now known as Nebraska Service Center)

SRC – Southern Regional Center (now known as Texas Service Center)

The characters “<” carry no significance, they simply hold the space between relevant numbers.

Did you know: The authorities of the United States give away 55 000 Green Cards every year in The Diversity Visa Program. Contact our law firm for details.

Difference between Green Card Number and Alien Registration Number

This is an important one. To efficiently navigate the depths of your own administrative or any government agency-related affairs, you should learn to distinguish between Green Card Number and Alien Registration Number. For this article, remember that the first number is only on the back of the Green Card and has 13 digits, while the second number (also called A-number or USCIS number) has only 9 digits and is on both sides.

For more details, please see our article on A-number or contact our law firm

Summary Of a Green Card Number

For your convenience, we summarized the Receipt Number as short as possible. To easily recognize this number, remember that it is structured as follows :

3 for service center code → 2 for fiscal year → 3 for workdays → 5 for your unique case number

Does the information you have read give you the feeling that you are just deciphering an enigma code? We understand that sometimes you just don’t want to waste your valuable time dealing with all the matters related to a government agency. If you wish your immigration paperwork to be done in an optimized manner, contact our law firm.

No document is Enigma to us.

Green Card Renewal Processing Time

Tthe topic we will introduce in this article will cover the most relevant information related to processing times of a Form I-90, an application used to renew or replace a Permanent Resident Card (known as Green Card).

You need this handy plastic card to prove your lawful permanent resident status. When you want to renew your card, you should consider how long it takes to process it.

For example, you plan to travel abroad and want to secure your homecoming, or you have a hospital appointment in few months, and you want all the formalities to go smoothly.

This article will explain what you should know about Green Card’s processing time to make your other arrangements accordingly.

Green Card Renewal Application

If you are a lawful permanent resident (LPR), you need a Permanent Resident Card (known as a Green Card) to prove your work and residence authorization in the U.S.

It is good to know to which institution you need to go to handle your official business matters. In the case of Green Card and administrative actions connected to immigration cases, it is the designated agency of the Department of Homeland Security, named the U.S. Citizenship and Immigration Services (USCIS). As a rule, there is one specific application designed to renew or replace Green Cards – Form I-90, Application to Replace Permanent Resident Card.

You can start the renewal process by applying online or by mail.

Note: U.S. law obliges you to carry a valid Green Card with you at all times, so when your Green Card expires, you must initiate the renewal process.

Renew Your Green Card

To renew or replace a permanent resident card, you must use Form I-90, Application to Replace Permanent Resident Card. It is a U.S. Citizenship and Immigration Services form, that allows applicants to obtain, replace or renew a Green Card. In other words, to file a Green Card Renewal application, you need to submit this form. You may download the application and instructions directly from the USCIS website. You can submit it online or by mail.

An Application to Replace Permanent Resident Card, Form I-90, is a form that allows applicants to obtain, replace or renew a Green Card. However, you must remember that it depends on your Green Card’s expiration date. If you were issued a conditional Green Card (which is only valid for two years), you need to remove conditions by filling form other than Form I-90.

How long does it take to renew a Green Card?

To renew or replace a Green Card, you need to file Form I-90 correctly. USCIS will initially reply by mailing you a receipt notice that confirms receipt of your request.

Formally known as Form I-797C, Notice of Action, the receipt notice typically arrives 3 to 5 weeks after filing. It should contain a unique receipt number that you can later use to track your USCIS case. Processing times vary accordingly to the application service center and its caseload.

Relevant Processing Times

Biometrics Appointment Notice

After you file your application, petition, or request, USCIS will schedule your biometric services appointment at a local Application Support Center (ASC). It usually takes 4 to 6 Weeks from Filing Date. It will contain the date, time, and location of your biometrics appointment.

Biometrics Appointment Date

It usually takes 6 to 8 Weeks from Filing Date. It should be scheduled approximately 3 weeks after receiving the biometrics appointment notice. It will also include guidelines as to what you need to bring to the biometrics appointment.

Issuance of the New Green Card

After the biometrics appointment, USCIS will proceed with your green card renewal application. It usually takes 6 Months to 10 Months from Filing Date. After this, you should receive your new Green Card.

USCIS may sometimes expedite your Green Card renewal case. For more details contact our law firm.

It is necessary to know that USCIS service centers processing each type of a Green Card form are subject to change, depending on USCIS service centers’ workload. You can find more information on the USCIS website or contact our law firm for more details.

Current Processing Times

Green Card renewal processing time after filing Form I-90 will vary on the USCIS caseload, the service center location, or other situations. You can check actual processing times directly with USCIS. When choosing USCIS Service Center, time designation will appear.

The time range of the application process depends on how long it takes USCIS to process your case from the date they received it.

You may be surprised that some Service Centers have a wide time range, but remember that it all depends on the scheduling of your biometric appointment, the relevancy of supporting documents and if any background check is necessary.

Applications to renew your Green Card prepared without the required documents can result in processing times that are much longer. It is always a good idea to get a help of a law firm like ours, which specializes in immigration services.

Filing Form I-90 for your expired Green Card

  • Initial issuance or application to replace the Permanent Residence Card may take from 7 to 15 months.
  • 10-year renewal form may take from 3 – 12 months.

A unique receipt number that you receive at the beginning helps you to track your USCIS case.

How much does it cost?

The current renewal cost of your already expired Green Card is $540, which includes a $455 filing fee and an $85 biometrics fee (for your photo, fingerprint, and signature).

In some situations, you may be exempt from paying one or both fees if:

  • USCIS already issued your Green Card, but it never arrived.
  • Your Green Card contains errors made by the Department of Homeland Security.
  • You qualify for a fee waiver.

For more details contact our law firm. We will assess your eligibility for a filing fee exemption and help you with the possibility of reducing your Green Card Processing Time.

SB-1 Returning Resident Visa Guide
Big family spending time together at home

What is a returning resident visa?

Many permanent residents and conditional residents leave America for a variety of reasons. Common reasons include work, spending time with relatives, and vacations. These permanent residents (LPRs) and conditional residents (CR) need to be careful how long they stay outside the United States.

If they stay more than a year or beyond their re-entry permit validity period, they will need to obtain a new immigrant visit in order to return. The COVID-19 pandemic is complicating the return timeline for many residents due to quarantines and general restrictions on reentry to America from certain countries that are considered high-risk for the disease.

According to the US State Department, the US visa laws do provide for a “returning resident special immigrant visa” for an LPR who stayed outside of America for more than one year – due to circumstances beyond their control.

The Returning Resident Visa is also called an SB-1 visa. It’s used if you’ve been outside America for more than one year, you don’t have a re-entry permit, or your re-entry permit date has expired. Generally, if your re-entry permits permit people with green cards (LPR status) to stay outside America for up to two years.

If you’ve been outside the US for less than one year, your Permanent Resident Card should allow you to reenter the US. LPRs and CRs, according to Stilt.com, who leave the US should obtain a re-entry permit through Form I-131.

To obtain the SB-1 visa, you need to submit the SB-1 from the country where you are located – normally, through the US embassy in that country. Applicants for the SB-1 visa will be interviewed, will need to have a medical exam, and will need to pay processing fees and medical fees. LPR applicants for SB-1 visas must show:

  • You were an LPR when they left the US
  • You intended to return to the US when you left and you didn’t “abandon” your status
  • You’re not otherwise ineligible for a US visa
  • You can provide evidence explaining your absence beyond the period permitted (one year unless you have a permit)
Man on white t-shirt lying on bed

What are some of the reasons your stay beyond one year or the expired permit period may be considered legitimate?

Some of the possible explanations that show your stay was beyond your control include:

  • You became severely ill and couldn’t travel. For example, you contracted COVID-19 while abroad
  • You became pregnant and couldn’t travel due to the pregnancy
  • Your passport and other necessary documents, according to Stilt, “were withheld because of a family dispute”
  • The country where you are located won’t permit you to leave

The need to stay beyond the permitted time limits may also be justified if the overstay was required for your employment.

passport boarding travel

What documents do you need to apply for an SB-1 visa?

Applicants for a returning resident visa will need to have the following documents, among others, ready before they apply at the US embassy:

  • You must complete Form DS-117.
  • Your permanent resident card. Form I-551.
  • Your re-entry permit – provided you have one
    • In addition, you should also have the following documents ready:
    • The dates you traveled outside the US (along with airline tickets and passport stamps)
    • Travel documents
    • Recent photographs – sized at 2×2 inches
    • Tax returns and other documents (such as deeds and proof of family connections in the US) to prove your relationship to the US
  • Proof supporting your reasons why staying abroad beyond the permitted time limits was beyond your control – such as a medical report.

According to the US State Department, spouses and children of US Armed Forces of Civilian employees of the US government who are stationed abroad can use their permanent resident card – even if it’s expired – provided they haven’t abandoned their LPR status and your spouse/parent is returning to the US.

Muslim woman near american embassy

How long does it take to get a returning resident visa?

To apply for the Returning Resident Visa (SB-1) visa, you’ll need to contact your nearest US embassy or consulate – at least three months in advance – if possible. You’ll normally need three months’ time to process the visa.

How to apply for a returning resident visa?

You will be required to attend an interview at the embassy or consulate. You can review the instructions by country at the U.S. Embassy or Consulate website where you will apply.

A consular officer will review your application and documentation to determine your eligibility. If you meet the SB-1 requirements, you must, according to the State Department, also be “eligible for the immigrant visa in all other respects.”

Applicants should consult with an experienced immigration lawyer to help ensure they process the application correctly, have all the correct supporting documents, and understand the additional requirements such as what happens at the interview. The application does need to be filed in person. SB-1 visas cannot be filed online.

In addition to the interview, applicants need to submit DS-260 which authorizes the medical examination. This form is completed online. The physicians will check your health and your vaccination status.

Once the application is approved, you should be issued a new I-551 passport – which permits you to travel back to the US.

medical nurse

What are the required fees for a Return Resident Visa?

According to the US Department of State fee schedule website, the cost of an SB-1 return resident visa application is currently $205. If an applicant is approved for the SB-1 status, there will be additional fees for:

  • The Form DS-260 application processing fee
  • The medical examination
  • Any necessary vaccinations

You may also have additional costs if you use a translation service. You’ll have to make arrangements to pay your immigration lawyer.

denied sign

What happens if your SB-1 Return Resident Visa application is not approved?

The consular officer may deny your application. If a denial happens, you may be able to apply for a new nonimmigrant visa – depending on whether you’ve established residency in a new foreign country. Normally, people who are denied the SB-1 visa because they stayed out of the US for too long reapply for a new visa based on the same category for which they were originally approved for an immigrant visa.

If your SB-1 application is denied, you may be given additional time to submit missing documents. Otherwise, you’ll have to go the new immigrant visa route.

woman walking on pathway

What happens if you try to reenter the US without the SB-1 Return Resident Visa?

If you try to reenter the US without your SBI- Returning Resident Visa, then the US Customs and Border Protection (CBP), has the discretion whether to admit you or whether to deem that you have abandoned your permanent resident status.

You will then likely be given the choice to either return home immediately or be placed in removal proceedings – where a judge will decide your fate. This is a very risky step. It’s best to obtain the SB-1 visa with the help of an experienced immigration lawyer.

LPRs should also keep in mind that if you’ve been outside the United States for between six months and one year, there’s a presumption you disrupted your continuous residency requirement for purposes of naturalization.

For help obtaining a returning resident visa, call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with us

What is USCIS Form I-90 | Application for Green Cards

The following article is a deeper dive into understanding the process of renewing or replacing your Green Card if you are a Legal Permanent Resident (LPR).

The application for the most current version of the Green Card is USCIS’ Form I-90. Permanent residents with a Permanent Resident Card (Green Card) are obliged to carry the valid card with them at all times.

Section 264(e) of the Immigration and Nationality Act requires you to make sure you are following the law on this. It is something you cannot get away from. In this article, we explain how to file this USCIS application, how much does the whole process cost, how long does it take from start to finish, and more.

You need a Green Card if you plan to live and stay in the U.S.

A Green Card gives its holder the legal right to live and work in the U.S. permanently. It means that you have a permanent resident status, which provides you the right to apply even for government jobs. Green card holders also receive certain health, educational, and other benefits.

Green Card serves as physical proof of these eligibilities. Carrying your Green Card with you is ordered by law, so there is no choice to decide whether you should apply for one.

You must apply for renewal if your card will expire within 6 months or already has expired, you should replace your current Green Card if you legally changed your name or other biographic information, your card was issued but never received, was damaged, it was lost, stolen or destroyed, or you reached your 14th birthday.

How to renew or replace Permanent Resident Card?

You can apply for Green Card renewal or replacement by filing Form I-90, Application to Replace Permanent Residence Card. This is the main form you will use for getting a new Green Card.

There is an exception to this rule:

  • Form I-90 doesn’t apply if you are a conditional resident seeking to remove conditions on your Green Card – in this case, you use either Form I-751, Petition to Remove Conditions on Residence, or use Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status depending on reasons.

You can file your Form I-90 application either online or by mail. However, applicants requesting a fee waiver cannot file online. Want to know more about your Green Card renewal fee waiver eligibility? Contact our law firm for legal advice.

What Is a Form I-90?

Form I-90 is a 7-page application form issued by the Department of Homeland Security for you to submit to get your new Green Card. This application is filed by lawful permanent residents, as well as permanent residents in commuter status to renew or replace their Permanent Resident Cards.

Conditional permanent residents who obtained their status through marriage or entrepreneurship who need to replace a lost, stolen Permanent Resident Card also use Form I-90 to request a replacement green card only, but this is not a renewal.

The government agency responsible for handling immigration matters is called U.S. Citizenship and Immigration Services (USCIS). Forms with written instructions can be found on the USCIS website.

A Green Card renewal or replacement application can be completed electronically and the Form I-90 filing instructions can help you with this process. You can find the instructions on the USCIS website. You can use this form electronically, filling it on your computer, even if you wish to send your application by mail.

What documents do I need?

You should keep in mind that providing accurate information on Form I-90 and submitting relevant supporting documents is a must for your Green Card application. Always read carefully all the instructions attached, so you can take on the task with more confidence. Making mistakes may be costly and time-consuming.

The documents you need to submit depend on the reason you’re submitting the form.

  • For lost, stolen Green Card you need ->photocopies of the Green Card, a government-issued ID card that correctly displays the photo, name, date of birth, and signature (this sounds obvious, but you will be surprised how often applicants forget to sign an application form);
  • When you are a commuter and travel from Mexico/Canada to the U.S. regularly you need ->Green Card; employment evidence and statement for at least the past 6 months;
  • Your immigration status was automatically converted to Green Card holder you need the following supporting documents for your Form I-90 ->ID cards showing your name, evidence of temporary-resident status (Form I-797, Form I-700), photo, date of birth, and signature.

Please remember:

You should submit clear photocopies of documents requested unless the Instructions from Form I-90 clearly state that you must submit an original document. U.S. Citizenship and Immigration Services (USCIS) may request an original document at the time of filing, or at any time during the processing of an application, petition, or request. It will be returned to you when USCIS no longer needs it.

If you submit to USCIS Green Card Form I-90 supporting documents with information in a foreign language, you must also submit a full English certified translation. For more info contact our law firm for legal advice.

File form I-90

You can choose between two main options when filing Form I-90 to replace your Green Card. You can either do this online or by mail (post). The first option requires you to create a USCIS online account. Having an online account grants you with the possibility of:

  • Paying your filing fee online;
  • Checking the status of your ongoing case;
  • Receiving notifications and other updates;
  • Viewing personalized completion date estimates;
  • Responding to requests for evidence promptly;
  • Managing your contact information (e.g., updating your address).

Online or mail

Having an online account with USCIS allows you not only to pay the filing fee by credit card but also to track your case with this government agency and respond in no time. However, we understand that sometimes you may not want to want to file your documents online for many reasons.

Even though you choose to Replace Permanent Resident Card using regular mail, we can still help you to get it done safely and efficiently.

You can find the mailing address below:

  • Through the U.S. Postal Service (USPS)
    • USCIS, P.O. Box 21262, Phoenix, AZ 85036
  • Through DHL, FedEx, or UPS
    • USCIS, Attention: I-90, 1820 E. Skyharbor, Circle S, Floor 1, Suite 100, Phoenix, AZ 85034

Remember to sign and date your Form I-90. You can easily omit this detail when you fill in the form electronically.

  • Type or print clearly in black ink;
  • Answer all questions fully and accurately;
  • When a question does not apply to you, type or print “N/A” (not applicable) in the space provided for your response;
  • When your answer to a question is the number zero (0), type or write “none”;
  • When you need extra space to complete any item within this application, use the space provided in Part 8. Additional Information or attach a separate sheet of paper;
  • Type or print your name and Alien Registration Number at the top of each sheet;
  • Indicate the Page Number, Part Number, and Item Number to which your answer refers;

When filing Form I-90, remember that simple mistakes can cost you extra time and money. We can provide legal advice on the more effective way to file this form.

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How much does it cost to file Form I-90?

At this moment, USCIS charges a $455 filing fee on Form I-90 applications. The government agency also requires applicant biometric (fingerprinting for which you are invited on a special “biometrics appointment“), which carries a service fee of $85. Altogether filing fees should not exceed $540 (this doesn’t cover postage stamps if you choose U.S. postal services).

You can pay the filing fee electronically through Pay.gov if you apply online, or by money order or check, made out to “U.S. Department of Homeland Security” (written in full) or by credit card (by completing the additional form). You cannot pay by cash. For detailed information, please do not hesitate to contact our law firm.

How long does it take?

When you file Form I-90, Application to Replace Permanent Residence Card, after approximately 3 – 5 weeks, USCIS receives your application and ensures it is complete, they will inform you (in writing or by email), if you need to attend a biometrics appointment.

After filing Form I-90, Application to Replace Permanent Resident Card, your I-90 processing time can take anywhere from 8 to 10 months. This is an estimate. It may be less for some and longer for others. In unusual cases, USCIS will request additional information or may even schedule an additional interview.

If you think that your case is outside the normal processing times, you can contact our law firm for assessment and possible inquiry.

Additional info

Foreign address

USCIS will not mail you a Permanent Resident Card to a foreign mailing address. Therefore, if you are an alien commuter who continues to reside in a foreign territory, you may provide a foreign address. If you are an alien commuter who will take up actual residence in the United States, you need to provide a U.S. address.

Withdrawing your Form I-90

You have the right to withdraw your Form I-90 application to replace or renew your Green Card. However, you must submit a written request. Do not hesitate to contact us, if you need more details on this procedure, or any other instructions like the online account, help with gathering form supporting documents, or application to replace Permanent Resident Card in general.

Our immigration attorney will provide legal advice and instructions that will help you save your nerves and time.

If you find our article informative and engaging, we welcome you to look into related publications on our website. We tap into not only the Green Cards but also write on other immigration topics.

A Guide On How To Renew Your Green Card

If you are on this page, you most probably know that officially referred to as the “I-551 Permanent Resident Card”, your Green Card serves as proof of your permanent residence status in the U.S. As a rule, you need to renew your Green Card every 10 years. There are however circumstances when you have to replace your card.

The following article will help you figure out the difference. We will make sense of the procedures: how to file online or by mail, what to do if your Green Card expired or will expire within the next six months. We will also cover Green Card renewal in terms of what kind of documents you will need, how long will the process take, how much does it cost, and more.

When do I need to get a new card?

Most of the time you must renew your Permanent Resident Card every 10 years. There can be an exception when the card expires if you get a conditional Green Card. In this case, your card is good to go only for two years. To remove the conditions on your permanent resident status, you must initiate this process within the 90-day period before your Green Card expiration date.

There are also rules when to file an application to replace Permanent Resident Card.

If you are a lawful permanent resident, you have to replace your Green Card if:

  • Your card was lost, stolen, mutilated, or destroyed
  • Replace the Permanent Resident Card if it contains incorrect information
  • Yo changed your name or other biographic information
  • You became a permanent resident before you turned 14 years old, you are required to file for a new card when you become 14 years old
  • Green Card expired or will expire within the next six months;
  • Permanent Residents changing their status from residing to commuter status and reverse;
  • Your status has been automatically converted to permanent resident status (e.g. in the case of special agricultural workers)
  • You have a previous version of the alien registration card, which are no longer valid and must be replaced with a current Green Card;
  • You never received the previous card issued

Notice that any card that prooves status of lawful permanent residents is called alien registration card, be it green card or a permanent visa.

Why do I need a current Green Card?

Make sure you keep your card up-to-date. When your card expires, you may have difficulties proving that you are a permanent resident. This could also affect your ability to travel or to prove that you are eligible to work in the United States.

You don’t lose your permanent resident status, but you might get into trouble if USCIS discovers that you have violated the law requiring you to carry a valid card with you.

What should I do with my expired Green Card?

For permanent residents that want to replace a Green Card with a brand new one, you should begin with filing “Form I-90 – Application to Replace Permanent Resident Card“. You can file online via USCIS’s official website or by paper (via mail).

At this point, after achieving this immigration status, you are probably familiar with the USCIS – a government agency that deals with immigration services. An application to renew your Green Card has to also be filed to this institution.

It is a good idea to establish a USCIS online account, no matter by which route you decide to submit an official government form. This account may help you to check and track your case status.

For filling online:

  1. Create a USCIS online account
  2. Submit evidence and supporting documents
  3. Pay filing fee
  4. You will get a receipt notice
  5. Receive case status updates about your case
  6. Respond to requests when you get this notice
  7. Wait for your new Green Card

For filing by paper:

  1. Download I-90 form
  2. Fill it in electronically
  3. Print it
  4. Sign it (in ink)
  5. Attach evidence and supporting documents
  6. Mail your application
  7. Wait for your new Green Card

Note: You cannot file Form I-90 online, if you are applying for a fee waiver. If you feel uncertain about your eligibility, you can always reach out to professional immigration services like us.

Filing online vs. filing by paper

To add a dash of otherwise necessary dramaturgy, you should know that the Department of Homeland Security’s Office of Inspector General (DHS OIG) in its November 2016 report concluded that over the past three years, USCIS issued at least 19,000 green cards with incorrect information, or were issued as a duplicate. In most cases, this involved forms submitted through the online system.

Over the same three-year period, USCIS received over 200,000 notifications from approved applicants concerning missing green cards, partly as a result of cards being sent to wrong addresses.

Writing this, we prepared you a quick matrix, which shows the differences between filing official government forms by paper and online submission. It may help you to determine, which option you feel comfortable with.

Good news: Even if you filed your application by paper, you can still create your USCIS online account to receive updates.

For more convenience, we recommend having a USCIS account with the government official website. You can check the status not only when you replace your Green Card, but also for other official government proceedings, like those related to: U.S. Citizenship, Alien Registration Number, or other lawful permanent resident status processes.

What do I Need to Renew My Green Card?

The application is filed through one of the agencies of the Department of Homeland Security – USCIS. In most cases, you need only to provide a copy of your expired green card as proof that you qualify for renewal.

If you need to replace your green card for a different reason — for example, if it was lost, stolen, or damaged — you’ll need to provide other documentation. With your lawful permanent resident status, you can renew or replace your expired Green Card either online or by submitting an application online. Required evidence depends for example on Application Type.

IMPORTANT: If you want to file online, always remember to share sensitive information only on official government, secure websites.

You must read the instructions attached, as they would tell you if either you need to provide proof of your U.S. address and what types of documents will work as evidence for your application. In Question 1, you need to check a box stating whether you either are a lawful permanent resident, a permanent resident in commuter status (you live near the U.S. border in either Canada or Mexico and have a special green card that allows you to travel back and forth), or a conditional resident (in this case you will need to check a specific list to determine if you use this form to deal with the expiration of your card).

Rule of thumb: The categories you choose in your I-90 application to replace or renew your Green Card, will determine what documents you need to include as evidence, which documents are described in USCIS’s instructions.

We can help you choose which supporting documents to submit with your specific Form I-90 application.

How much does it cost to renew my Green Card in 2021?

The cost of your green card renewal varies

From $85 for applications you submit, where you have reached your 14th birthday, and your existing card will expire after your 16th birthday,

To $540 with a full form filing fee and biometric services fee. Basically, the total cost to renew or replace your Green Card depends on the Reason for Application, Form Fee, ad if the Biometric Services are required.

The Filing of Form I-90 cost is $455, however, a biometric services fee of $85 may also be required. If you wish to file your Form I-90 by paper, you may pay with a money order, personal check, cashier’s check, or by credit card, using the designated form. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

When you send a payment, you agree to pay for government service. Filing and biometric service fees are not subject to refund, regardless of any action USCIS takes on your application or if you withdraw your request. Exceptions to this rule are as follows: when you are filing Form I-90 because you never received your new Green Card, (no fee as long as USCIS mailed the card more than 30 days ago), it was returned to USC as undeliverable, you haven’t moved from the address you provided in your file.

Tip: Use fees calculator from USCIS official website to determine total amount, or contact us.

How long does it take for Permanent Resident Card Renewal?

After USCIS receives your Form I-90 with all required evidence, you will get a confirming receipt notice, biometric services notice (if applicable), notice to appear for an interview, if needed, and finally notice of USCIS decision.

At the moment, the green card renewal timeline for lawful permanent residents is approximately 10 to 12 months. Please keep in mind, that poorly prepared applications or ones that contain incorrect information can result in longer processing times. In such cases, it is an especially good idea to hire a law firm that will deal with the Department of Homeland Security or any other government body.

Good news:

Even if your Green Card Renewal takes ages, you can still get temporary proof of permanent resident status for going outside the United States, employment, and other purposes.

In a separate article, we will take a closer look at a Replacing a Lost, Stolen, or Damaged Green Card.