The information provided below outlines the process and adjustment of status timeline for case based on marriage. The timelines are approximated processing times once the necessary petition and application(s) have been filed with USCIS. Please note, processing times may vary among USCIS offices and may differ depending on the specifics of each case.
The approximate time to receive receipt notices is 2-3 weeks, but USCIS should send a notice within 30 days. If a receipt notice has not been received within this time period, USCIS should be contacted to inquire about the case.
After filing the required application(s), a Notice of Action will be issued notifying you to appear at an Application Support Center for biometrics collection. This process usually involves having your picture and signature taken and being fingerprinted. This information will be used to conduct your required security checks and for eventual creation of a green card, employment authorization (work permit) or advance parole document.
A work permit is typically issued within 90 days of the receipt date on the Form I-765 receipt notice. If a work permit is not received within 90 days, an Infopass appointment can be scheduled at www.uscis.gov to go to a USCIS office on the 91st day or any time thereafter with the receipt notice and a copy of the Form I-765. The USCIS office will produce a work permit for you that same day.
After obtaining a work permit, you may apply for a Social Security card at the nearest Social Security office. It may take several weeks to a couple of months in order to obtain a Social Security card since the Social Security office must confirm the validity of the work permit with the USCIS office.
A Notice of Action form will be issued indicating the date, time, and location for an interview at a USCIS office. You and your spouse will be required to attend a marriage interview at the USCIS Office indicated on the notice to answer questions under oath or affirmation regarding your application. Currently it is taking 4 to 6 months from the date of filing to the interview date. You will be asked to bring with you to the interview evidence that you have been living together as a married couple (i.e. proof of residence together, evidence of insurance, bank accounts, tax filings, etc.). Originals of all documentation submitted with this application including passports, official travel documents, and Form I-94 regardless if they are expired must also be presented at the interview.
LEGAL PERMANENT RESIDENT CARD (GREEN CARD):
If you are approved at the interview, a green card should be mailed within 1-2 months after your interview.
If you have been married for less than 2 years at the time your case is approved, then you will be granted conditional permanent residence. As a result, you will need to file a petition to remove the conditional residence status. That petition is typically filed between 21 and 24 months from the date of your approval.
It is imperative to inform USCIS and your attorney of any change of address or telephone number during this process. The applicant is ultimately responsible for attending biometrics appointments and/or interviews. Failure to attend any scheduled appointment can result in a denial of petitions and applications.
If you are in need of legal assistance, scheduling a consultation is the most important step you can take to. As you can see, the adjustment of status timeline can span several months to years. Take the necessary time to sit and speak directly to an immigration attorney to discuss the details of your case, get answers to your questions, resolve issues and formulate a solid strategy to obtain the desired results. Call the office of Benavides & Serrano PLLC today at 713-222-282 to get started.