do you need a lawyer when filing for your spouse green card

First, you can process a spousal green card completely from within the United States. Second, you can petition for a marriage based permanent residence through a consular office abroad. A lawyer can help in both cases by using their experience with the green card process to ensure your petition is completed and filed correctly.

Full Answer

Do I need an attorney to apply for a green card?

The NVC will then assign a case number for the petition and notify the beneficiary spouse to complete the DS-261, Choice of Address and Agent (NOTE: If you already have an attorney, you will not be asked to complete DS-261). The NVC will then start the case processing by notifying both the beneficiary and petitioner to pay the appropriate fees.

Who is responsible for filing a marriage-based green card?

Free no obligation consult with a lawyer. master:2022-04-13_09-33-18. If you are interested in obtaining a green card in order to live, work, and stay in the United States for more than just a temporary time period, then you probably know that the rules and procedures are complicated. U.S. immigration law is full of exceptions and inconsistencies. The forms and documents …

Do I need a lawyer to apply for an immigrant visa?

If you go on your own without a lawyer present you may make the smallest mistake, something that just seems like it’s not a big deal, but sometimes those small mistakes cause BIG problems. Green card applications are not a walk in the park, they are complicated and sensitive legal documents that can affect your ability – or your spouse and children’s ability- to live and work …

Can you get a green card if you are not married?

Aug 06, 2015 · Hiring a lawyer can be well worth it for the peace of mind alone.” Getting legal professional help from a top immigration attorney who can walk you through your green card application ensures that your form will be filled in properly the first time, without the worry.

Is it possible to get a green card without a lawyer?

U.S. Immigration law does not require you to have a lawyer represent you for a green card. If you are already married, then the person who is already a U.S. citizen will petition for their partner. If this is the case, you must fill out three forms for a marriage green card.

How long does it take to file for your spouse as a green card holder?

The current total wait time for a marriage-based green card ranges between 9 to 36 months, depending on whether you are married to a U.S. citizen or green card holder and where you currently live (not including possible delays).

Do you need a lawyer to file I 485?

Options for Preparing Form I-485 Depending on the case, attorney fees can be $1,500-$5,000 (not including USCIS fees). For individuals with complex situations, criminal offenses, or serious immigration violations, using an lawyer is the best option. But most people with straight-forward situations don't need a lawyer.Aug 14, 2018

How much does it cost to petition a spouse?

$535The U.S. citizen spouse submits the marriage relationship form (I-130 petition) and other required materials to USCIS, along with the $535 filing fee.

How much is a green card marriage?

Cost Of Applying For A Marriage Based Green Card In The U.S. As of February 2021, the cost of applying for a marriage-based green card in the United States is $1760.

How long does i130 take to get approved 2020?

5 to 12 monthsAfter filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5 to 12 months for immediate relatives and could take several years for family preference categories. This is an approximation.

How do I file my husband 485?

For purposes of a marriage-based green card, only a foreign spouse who is physically present in the United States can file an I-485 to apply for a green card. The spouse must have entered the United States on a valid visa. In addition, an immigrant visa must be “immediately available” for the spouse.

How much does form I-485 cost?

$1,225If You Are…Form FeeTotalUnder 14 and not filing with the I-485 application of at least one parent$1,140$1,140Age 14–78$1,140$1,225Age 79 or older$1,140$1,140Filing Form I-485 based on having been admitted to the United States as a refugee$0$01 more row•Mar 30, 2022

Does USCIS send green card to attorney?

Remember, we will mail your card or travel document to the address you provided on your application (unless you told us to mail it your representative on Form G-28, Notice of Entry or Appearance as Attorney or Accredited Representative).Sep 21, 2018

How long does it take to bring spouse to USA 2020?

Average time - Seven to 32 months to get a Form I-130 petition (Petition for Alien Relative) approved by USCIS as of early 2021; another six to ten months or longer to get an immigrant visa to come to the United States.

How long does it take for I-130 to get approved for spouse?

19.5 months to 25.5 monthsIf your Form I-130 will be processed at the California Service Center, the estimated time range is: Permanent Resident Filing for a Spouse — 19.5 months to 25.5 months. U.S. Citizen Filing for a Spouse — 19.5 months to 25.5 months.Sep 30, 2021

What documents are needed to file for spouse?

I-130 Checklist of Items to Submit with Spousal PetitionUSCIS Filing Fee. ... Cover letter (optional) ... Form I-130, Petition for Alien Relative. ... Form I-130A, Supplemental Information for Spouse Beneficiary. ... Proof of status. ... Marriage certificate. ... Proof of previous marriages terminated. ... Passport photos.More items...•Dec 3, 2019

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What Is So Difficult About Applying for a Green Card?

The U.S. immigration system is widely regarded as "broken." The law itself is torturously difficult to understand. It takes lawyers years just to become comfortable with the ins and outs of various types of visas, green cards, and other benefits.

But I Like Doing Things Myself!

A few hours trying to fill out immigration forms, and you might just change your mind.

UPDATE: THE RISK OF FIGHTING DEPORTATION HAS BEEN RAISED

On July 5, 2018, USCIS released guidance about Notices to Appear (NTA). An NTA is the document that Immigration authorities use to initiate removal (deportation) cases. NTAs demand that immigrants must appear before the US Immigration Court.

Written by: Harlan York

Immigration Attorney Harlan York is Former Chair, Immigration Section, NJ State Bar Association and Former Co-Chair, NY State Bar Association CFLS Immigration Committee. Mr. York appeared on National Television on CBS This Morning with Charlie Rose and Primer Impacto on Univision, as well as Telemundo, NBC, and PBS.

How to apply for a green card if you are married?

To begin, you need to understand the three key terms you will come across when filing a marriage-based green card application. They are: 1 The Sponsor/Petitioner Spouse: This is the spouse who is an American citizen or permanent resident in the U.S. 2 The Beneficiary Spouse: This is the spouse seeking to become a permanent resident through a marriage-based green card 3 United States Citizens and Immigration Services (USCIS): The U.S. government agency that adjudicates immigration matters.

What is a green card sponsor spouse?

government. It is an affidavit showing that you have income and/or assets that is enough to take care of your beneficiary spouse. This is done to assure the government that your spouse will not end up being a public charge after gaining a permanent residency.

What is the first step in filing a marriage based green card?

This is the first step in filing a marriage-based green card. The purpose is to establish that a valid marriage exists between you and your spouse. The petitioner or sponsor of the application must be a citizen or permanent resident in the U.S.

How long does it take to get a green card after marriage?

compared to someone who is overseas. However, if you file all required forms and provide all necessary documents, the entire process may take 7–10 months after you submit your application.

What to do if your spouse has changed your name?

If you or your spouse has ever changed names, you are to present documents showing the change. For a name change by marriage, your marriage certificate will suffice. If it wasn’t for marriage purposes, you will need to show a court order as proof.

How long does it take to get an I-485?

The purpose of this form is to get a temporary work authorization while you wait for your Form I-485 to be approved, which in some cases may take six to eight months. However, though this form is not compulsory in your application process since it comes free of charge and takes about 90 days to be approved, it is usually advisable to take advantage of it while your application for permanent residence is pending. If approved, you will have temporary authorization while waiting for your green card approval.

What is the purpose of the I-639?

The I-639 is filed to prove that you are not inadmissible to the U.S. on health grounds. The USCIS uses the form to assess the results of your medical examination. The medical exam can only be carried out by a USCIS-designated civil surgeon. The results of your medical examination will be used primarily for immigration purposes and are confidential.

What can an immigration attorney do?

An immigration attorney can help the employer and worker decide which visa best suits the employer's needs and the worker's qualifications. Similar issues might come up in family-based or other types of visa situations.

Do lawyers have power?

Lawyers do not have a lot of power in such circumstances. But at least the lawyer might have access to inside inquiry lines, where they (and only they) can ask about delayed or problematic cases. Even lawyers frequently have trouble getting answers to such inquiries, but it's often worth a try.

Do not sell personal information?

Do Not Sell My Personal Information. You are not required to have a lawyer when applying for an immigrant visa or green card in the United States or overseas. If you have a straightforward case, are clearly eligible for the benefit you seek, and have no record of crimes or negative run-ins with immigration authorities, ...

How much does an immigration attorney cost?

While US immigration attorneys cost $100 to $300 and more an hour, there are times when you will want to consult with an attorney. For example, if there is something in your situation which may make it hard for you to get approved by the USCIS, you will need to speak with a US immigration attorney.

What to do if your immigration petition is rejected?

As well, if your immigration petition is rejected or if the Department of Homeland Security or USCIS accuse you of doing something illegal, a US immigration attorney is very important; he or she can help you prove your innocence. Post navigation.

Can I apply for citizenship without a lawyer?

The good news is that the USCIS makes it simple to apply for most immigration processes and even citizenship without a US immigration attorney.

Can I apply for a green card without an attorney?

You can even apply for a green card or for citizenship this way, without the services of an attorney. If you have trouble completing the forms or understanding the forms, there are many resources to help you. Some communities have organizations that help newcomers and these organizations often can offer language help that lets you fill out forms ...

Is the immigration process complicated?

The US immigration process is complex and can be intimidating for the newcomer or visitor to the US. While there are many resources to help individuals going through the US immigration process, the process can be so complicated and expensive that many immigration applicants wonder whether they need to hire a US immigration attorney in order ...