My clients want to have their spouses obtain US residency, and most often a person requires to be eligible to apply for permanent resident status based on the marriage. It is not just automatic that a person is married to a US citizen and becomes legal in the United States. USCIS has a process, known as Adjustment of Status, for spouses who live in the United States to apply for their residency based upon a bona fide marital relationship.
The US citizen is required to file a petition on behalf of the spouse, known as the Alien Relative Petition, and in conjunction with that application if the spouse is eligible for adjustment of status will then apply for their permanent resident status in the United States. In order to be eligible for permanent resident status in the United States, the spouse must have entered the country legally, be in lawful status, or qualify under some old provisions in the law known as Section 245 of the Immigration Act in order to adjust status in the United States.
The process for residency based on marriage requires an interview by the USCIS officer at the local office. This process is a point where USCIS will interview both spouses to determine that there is a legitimate bona fide marital relationship in order for the resident status to be granted. If your require assistance with adjustment of status based on marriage to a US citizen, please contact an immigration attorney for further assistance.
If you are in need of experienced legal counsel for matters of immigration, please contact the Law Offices of Salvatore A. Falletta, LLC.