Applying for a Greencard for my Wife or Husband: Frequently Asked Questions
Q1: What is a “One Step” immigration application?
A one step application is what immigration attorneys call an immediate relative adjustment of status application because the two steps of the process can be filed together. The foundational form for Step 1 is form I-130 (petition for alien relative). During this step, we must prove the validity of the relationship, such as a marriage, or the relationship between a parent and a child. The foundational form for Step 2 is the I-485 (application to adjust status). During this step, the intending immigrant must prove that they are not inadmissible (which means “not allowed to enter the U.S.”) for criminal, immigration, health or other inadmissible grounds. When the petitioner/sponsor for step 1 is an immediate relative, an immigrant visa (which gives a person the right to become a permanent resident) is immediately available for the person after step 1 is approved, therefore, U.S. immigration (USCIS) allows both steps to be filed simultaneously. Immediate relatives include spouses, parents and minor children of U.S. citizens. In contrast, more distant relatives, such as brothers/sisters of U.S. citizens, adult children of U.S. citizens or relatives of permanent residents often have to wait in long lines before they are eligible to file Step 2 of the process, therefore they are not eligible to file both steps together in a “one step” application.
Q2: How long will the process take?
The processing times for one step applications tends to vary between 8 months and 1 year. Feel free to give us a call to get the latest info on processing times.
Q3: When should I get my medical exam?
We recommend getting your medical exam within one month of the anticipated filing date of your adjustment of status application. Technically, the medical exams are valid as long as they occur within one year of filing, and then they are valid for another year from the date they are submitted to USCIS; however, not all USCIS officers understand and apply this rule. Some may take the position that they are only good for one year from the date of the exam; therefore, it is best to complete the exam as close to the filing date as possible. With that being said, we recommend you visit a civil surgeon for the exam at least one month before anticipated filing if you anticipate that you may need any vaccinations or follow-ups to complete the exam, since these follows up may span several weeks or more.
Q4: Can I file if my spouse overstayed her visa?
If you are a U.S. citizen, then your spouse is an “immediate relative” and enjoys special privileges that other intending immigrants do not have. Namely, USCIS will forgive “unlawful presence” of an immediate relative, as long as the person entered the U.S. correctly (with a visa or through the visa waiver program) and has not left the U.S. since that entry. With that being said, things become complicated when your relative has even one day of unlawful presence, and we highly recommend you schedule a consultation with a lawyer to understand the consequences and risk of unlawful presence in the U.S.
Q5: Can I file if my spouse has worked without permission?
Similar to unlawful presence of immediate relatives, working without permission is forgiven for immediate relatives of U.S. citizens; however, unlawful employment can raise a number of other high risk factors (such as working with false documents) that should be reviewed by an attorney. Additionally, unlawful work can complicate or prevent other types of immigration applications or nonimmigrant visa applications.
Q6: Can I file if my spouse entered the country illegally (without inspection by an immigration officer)?
The case becomes substantially more complicated when your relative has entered without inspection. In some situations, they may still be able to file for their greencard while staying within the U.S. (if they meet the requirements of INA 245i (a complicated immigration law, a discussion of which is beyond the scope of these FAQs). In most other situations, they can complete the first step of the process here (Form I-130 and supporting documents and forms), but then they must file for a waiver of unlawful presence in the U.S. before visiting a U.S. consulate in their native country to be awarded an immigrant visa (the right to return to the U.S. as a permanent resident). PLEASE BE AWARE THAT THIS PROCESS IS QUITE COMPLICATED AND REALLY REQUIRES A THOROUGH ANALYSIS BY A SKILLED ATTORNEY. IT IS IMPERATIVE THAT YOU UNDERSTAND YOUR ELIGIBILITY FOR A VISA BEFORE LEAVING THE U.S., SINCE THE CONSEQUENCES OF LEAVING THE U.S. TO DISCOVER THAT YOU ARE NOT ELIGIBLE FOR A VISA ARE CATASTROPHIC (NAMELY BEING STUCK OUTSIDE THE U.S. WITH NO ABILITY TO LAWFULLY RETURN.) FURTHER, WHEN A PERSON REENTERS THE U.S. A SECOND TIME WITHOUT PERMISSION, THEY ARE TYPICALLY UNABLE TO EVER RECEIVE LAWFUL IMMIGRATION STATUS IN THE U.S.
Q7: How much does the process cost?
The filing fees for a one-step application are $420 for step 1 (the I-130) and $1070 for step 2 (I-485) for a total of $1490. The range for good attorneys who will attend the immigration interview with you tend to vary from about $2000 to $4000. Our firm is on the lower end of this range since we want our services to be as affordable as possible. Some firms may charge less, but make sure you inquire what they will actually be doing for you. Will they attend the interview for you? Will they prepare you for the interview? Will they be available to answer questions? Will you have access to speak to an attorney, or only the paralegal on the case?
Q8: When will I be able to travel and work?
Because USCIS does take quite some time to make a final decision on a one-step application, they will grant you both work permission and travel permission approximately 90 days after you file your application. This permission is granted in the form of an EAD/AP card. EAD stands for employment authorization document and AP stands for advance parole, which is the right to be allowed back into the United States if you travel abroad. Do not travel or work before receiving these permissions. Moreover, just because you receive advance parole does not mean you will be allowed to reenter the U.S. if you travel during the application process. This is because you may have grounds of inadmissibility unknown to USCIS (remember, when they grant you AP, they may be completely unaware of various grounds of inadmissibility that may apply to you). Therefore, it is strongly recommended that you speak to an immigration attorney if you would like to travel during the one-step process. If it is advisable that you do not travel during the one step process, you will have to wait until you receive your greencard before traveling.