USCIS Changes Fees in Order to Meet Operational Needs
The green card allows a person to live and work in the United States on a permanent basis. It is the keystone for many who would like to become citizens and need stability. Acquiring a green card is a significant step. Whether you are pursuing one for yourself, would like to sponsor a family member, or are having legal issues with a green card, it is important to have a lawyer who is ready and able to step in when the situation calls. To discuss your green card with an experienced and effective New York City immigration lawyer, contact The Law Offices of Cheryl R. David for a consultation.
An individual’s eligibility for a green card depends on his or her family relationships, his or her current immigration status, and/or his or her U.S. immigration history. There are many valid ways to apply for a green card. These include:
If you are a U.S. citizen, you can apply for a green card for your spouse, child, or parent (those in the immediate relative category) who has entered the country legally, even if he or she overstayed their visa following lawful entry. In these situations, you may apply immediately for adjustment of status (a green card) in the United States, and there is no quota limit, meaning you will not be placed on a waitlist until a visa becomes available. This process can take a considerable amount of time. As of 2025, median processing times for this category are approximately 11 to 14 months, though it can vary depending on your USCIS service center.
If you are a U.S. citizen and you would like to sponsor your adult child (over the age of 21) or your sibling for a green card in the U.S., your family member will be subject to a wait list, as there is a limited number of these petitions available each year. Wait times for these preference categories can range from several years to over 20 years, depending on the beneficiary’s country of origin. Additionally, in most cases, if your relatives are already in the United States, they must have maintained continuous lawful status.
There are certain exceptions for those who may be eligible to adjust status under the current provisional unlawful presence waiver program (Form I-601A), before leaving the country for their consular interview. This waiver specifically addresses the 3 and 10 year unlawful presence bars, and does not waive other grounds of inadmissibility. As of 2025, the median processing time for Form I-601A is between 35 and 42 months. It is important to discuss whether your loved one qualifies to adjust his or her status and obtain his or her permanent residence in the United States.
If you are an immediate relative and have not entered the United States legally or filed an application under 245(i) on or before April 30, 2001, you may still be eligible to apply for a provisional waiver through Form I‑601A. Please see the page on provisional waivers.
It is imperative to understand that the 2024 USCIS scheudle has changed. The prior “bundled” fees structure ended. As such, if you choose to apply for a work permit (I-765) or travel document (I-131) at the same time as your green card application, you must now pay separate filing fees.
As part of the adjustment of status process, applicants are required to undergo a medical examination conducted by an approved provider. It’s important to understand that, as of 2026, these examinations no longer expire, so long as they were properly completed and signed by the doctor on or after November 1, 2023. This is a beneficial change for applicants, as you do not have to worry about attending or paying for a repeat examination in the event you experience processing delays.
If you are married for fewer than two years when you receive your marriage-based green card, you must file to remove the condition within 90 days of the card’s expiration. It is important to maintain your joint documents over the years to demonstrate to the immigration service that you are still in a bona fide marriage. We understand that, unfortunately, things happen and marriages do not work out. If you find yourself in a situation where the marriage is not going as planned, and divorce proceedings have commenced or may soon commence, we can assist you with the conditional residence as well.
The key to protecting your residency is ensuring that you don’t violate U.S. criminal or immigration laws. Once you obtain your residency, you can lose it easily. We will discuss this while going through the process of obtaining your status, as well as ensuring you obtain it properly so your status is not compromised at a later date.
If you have questions about how to obtain a green card for a spouse, fiancé, or other member of your family, please do not hesitate to contact the Law Office of Cheryl R. David for an initial consultation in New York City. We look forward to working with you.
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