Tailwind Immigration Law has been fortunate to advise a number of U.S. citizens in their efforts to bring their spouses to the United States.
The following facts about the marriage-based green card process often surprise U.S. citizens preparing for a green card application:
It’s a long process.
When the green card was first introduced in the 1940s, immigrants simply registered their presence by visiting any U.S. post office.
With the advent of FBI background checks, and the increasing backlogs at government processing centers, it is now commonplace for a green card application to take 1-2 years, or even longer.
These timelines vary depending on the time it takes an applicant to prepare their application materials, the service center that processes the application, any requests for additional evidence made by the U.S. government, and other factors.
Work and travel authorization can make the wait more manageable.
If the green card application is filed while the foreign spouse is lawfully in the United States, the foreign spouse may file applications for work and travel authorization at the same time as their green card application.
Currently, USCIS is processing these work and travel applications in approximately 6-8 months, although these processing times are subject to change.
Please note that work and travel authorizations are not available to applicants who apply for green cards from outside the United States. Additionally, USCIS will deny an application for travel authorization if the applicant leaves the United States while the application is pending.
A green card holder may work for any U.S. employer.
Once a person is approved for a green card, they are eligible to work for any U.S. employer. A green card is much less restrictive than an employment-based visa, allowing a spouse on a green card to pursue a broad range of employment opportunities.
The U.S. spouse must be domiciled in the United States.
At or before the time of the foreign spouse’s entry to the United States as a permanent resident, the U.S. citizen spouse must be domiciled in the United States. This means that the U.S. citizen spouse must consider the U.S. to be their permanent home.
Generally, an immigration officer will require evidence of the U.S. citizen spouse’s U.S. domicile, which may include evidence of a job offer in the United States, of a home owned or leased in the United States, of enrolling children in schools in the United States, and other evidence.
A U.S. citizen spouse living as an expatriate will generally not be successful in applying for a green card for their foreign spouse unless they plan to establish a U.S. domicile no later than the time their spouse enters the United States as a permanent resident.
A green card holder can accidentally abandon their green card.
Once a person receives a green card, they should be very careful not to accidentally abandon their green card by spending too much time outside the United States.
If a green card holder has spent a year or longer outside the U.S., the green card becomes invalid for re-entry to the United States.
If a green card holder has spent 180 days or longer outside the United States, they should expect to receive additional scrutiny from the customs officer to determine whether they have abandoned their U.S. residence. If a green card holder is out of the U.S for 180 or more days during any 12 month period, they should also expect to receive additional scrutiny from the customs officer when they re-enter the United States.
For trips of 180 days or longer, it is possible to apply for a Re-entry Permit, which is a government-issued permission to re-enter the United States after an extended amount of time abroad. This process generally takes 4-7 months, so it is important to plan ahead. If a green card holder is planning extensive travel outside the United States, they should consult with an experienced immigration attorney, as recommendations can only be made on a case-by-case basis.
Conclusion
The green card application process is complex, and there are potential pitfalls that await the unwary. That said, a successful green card application offers significant benefits and can open a new world of opportunities in the United States.
Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend that anyone schedule a consultation with an immigration attorney who is experienced in helping people in their situation. The information provided here is only intended as general information and is not a substitute for legal advice.