How Can I Prepare for My Green Card Interview?
The Law Office of Cheryl David has extensive experience with a wide range of family immigration matters, including Adjustment of Status, Fiancé Visas, Consular Processing, Conditional Residence, I-765 Work Authorization, Travel Documents, 601-A Waivers, 3-10 Year Bar, and Green Cards. We focus on achieving the best possible result in every case. We handle straightforward family immigration applications to complicated cases. Our attorneys have educated the legal community and the public at large on many family immigration issues. If you’re facing a family immigration matter of any kind, please don’t hesitate to contact a dedicated attorney from The Law Office of Cheryl David today.
Some people in the United States can petition for relatives or future relatives, such as a fiancé or a prospective adopted child, to immigrate to the United States.
Your status determines which relatives or future relatives may be eligible to immigrate. In order to sponsor a family member, you must be a:
Note: Refugees and asylees may only petition for their spouse and unmarried children under 21 years of age using Form I‑730, and they generally must do so within two years of being granted status.
To petition for a family member to receive a green card, you file a Form I-130, Petition for Alien Relative. This form defines the family relationship that exists between you and your relative. For immediate relatives of U.S. citizens, visas are unlimited, so they are always available. Visas for some other categories of relatives are limited, and there may be a much longer wait. Preference categories apply to family members who are not immediate relatives. A visa becomes available to a preference category based on the priority date, which relates to the date the Form I-130 was filed. Preference categories are grouped generally as follows:
If your relative is already in the United States, he or she may apply to adjust status to become a green card holder after a visa number becomes available by submitting Form I-485. If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available for Consular Processing. Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number.
Importantly, processing times for Form I‑130 can now range from 17 to 64 months, depending on the category and service center. Visa wait times for preference categories—especially F3 and F4—may be several years or longer based on the applicant’s country of origin. We help our clients understand these timelines and prepare accordingly.
If you have been married for less than two years when you receive your marriage-based green card, you must file to remove conditional status within 90 days of the expiration. You will need to demonstrate that you are in a legitimate marriage to do so. However, if you find yourself in a situation where the marriage is not going as planned and divorce is on the horizon, we can assist you with conditional residence as well.
Our law firm can explain all the opportunities and risks associated with consular processing, help you through the entire procedure, and discuss whether this is a good option. For an initial consultation with a skilled family immigration attorney, contact the Law Office of Cheryl R. David in New York.
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