The Problem with Marrying a Lawful Permanent Resident
Marrige to a Permanent Resident: Even with a “marriage made in heaven”, a problem can arise when a foreign national beneficiary attempts to adjust status to become a lawful permanent resident.
Adjustment of status is the process used by a foreign national who is physically present in the United States to obtain a green card. The alternative is to apply for an immigrant visa through a US consulate abroad. Depending upon the particular case load of USCIS service centers in the US, adjustment of status may be preferred by foreign national over consular filing because 1) leaving the US may not be an option if the beneficiary has unlawful presence in the US, 2) it avoids the expense, time of separation and inconvenience of returning tot he home country, 3) adjustment applicants and family members ae entitled to employment authorization and permission to travel while the application is pending (assuming there is no unlawful presence which would trigger a bar), and there are more options for reconsideration of an unfavorable decision by USCIS. Read the rest of this entry »
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