Mulder Law

Adjustment of Status through Marriage

More than 30 years of Success.

Overview

  • What is Adjustment of Status through Marriage also known as Green card through Marriage.

  • Adjust of Status through A USC Spouse. Also known as Green Card through USC Spouse.

  • Adjust of Status through an LPR Spouse or Green card through a Lawful Permanent Resident Spouse.

  • The Process of family adjustment of status

  • When a Waiver is Needed for a Family based Adjustment of Status

  • Why Team with Mulder Law

  • What Clients say About Mulder Law

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What is Adjustment of Status through Marriage

A Foreign-National who has married a U.S. citizen or LPR, and is currently in the U.S. may apply for Lawful Permanent Residence Status through his or her spouse. This process is called; Adjustment of Status (AOS).

Adjust Status through a USC Spouse:

A Foreign National may apply for adjustment of status through a USC spouse when the following requirements are met:;

* The Foreign National was admitted into the United States with inspection.

  • With few exceptions you must comply with the 90 day rule.

  • You may be denied Adjustment of Status if you entered on a Fiance’ Visa and apply to adjust through someone other than the Fiance’ that sponsored you for your visa. If this is your situation you may qualify for an I-601A Waiver.

  • Some admissions are limited such as; admission to apply for asylum and paroled for removal proceedings.

  • A Foreign National who applies to adjust status through a USC spouse is forgiven for any over stay or out-of-status accumulated.

  • A Foreign National who applies to adjust status through a USC is forgiven for any employment without authorization. CAUTION: The Foreign National is not forgiven for failure to pay taxes.

The foregoing are qualification to apply to adjust status. You will not be approved unless you meet all additional requirements.

Adjustment of Status through an LPR Spouse

For a Foreign National to adjust status through an LPR spouse;

The Foreign National must have been admitted into the United States with inspection. There are exceptions to this rule;

  • The 90 day rule.

  • Entering on a Fiance Visa and applying to adjust through someone other than the Fiance that sponsored you for the visa.

  • Some admissions are limited such as admission to apply for asylum and parol for a specific purposes.

  • The Foreign National MUST maintain lawful status while the adjustment of status is being processed. A single day of overstay may disqualify the applicant.

You may be eligible for a waiver if one of the foregoing exceptions applies to you.

The foregoing are qualification to apply to adjust status. You will not be approved unless you meet all additional requirements.

The Process

As a Foreign National married to a USC, Your spouse may file an Alien Relative Petition for you and you may - at the time - file an Application to Adjust Status . You may also file for Employment Authorization and a Travel Permit.

Caution: If you have ever overstayed or been out-of-status, DO NOT travel until you have your green card, even if you are granted a travel permit.

As a Foreign national married to an LPR you may file in the same manner as the foregoing provided a visa is available. Unlike Adjustment of Status through a USC, your application will be denied if you have EVER overstayed a visa or you were out-of-status for even a day.

You must provide supporting documentation with your petition and application that is evidence of a genuine marriage and not a relationship established for the purpose of getting a green card.

Kyndra L Mulder, Esquire, has been successful is filing the required adjustment of status forms ands supporting documentation so that an interview may not be required. If an I-485 adjustment interview is required, Attorney Mulder will prepare you and attend the adjustment of status interview with you.

When A Waiver is Needed for Adjustment of Status

When a foreign national is in the United States and entered with inspection, the waiver may be filed with the USCIS. When a waiver is denied by the USCIS the Immigration Court will consider the Waiver as a defense to removal.

A Foreign National who is outside the United States will file the waiver with the USCIS. An immigrant will not receive a visa unless the waiver is first approved.

There are additional reasons that require a waiver. The below are the most common situations that require a waiver:

  • The foreign national entered the USA without inspection, (EWI).

  • VAWA is a type of waiver. The requirement that a USC or LPR spouse file an Alien Relative Petition for the foreign national is waived. The foreign national may self petition.

  • The foreign national did not Marry the Fiance that Sponsored him or her for a Fiance Visa. A provisional waiver and/or a fraud waiver may be required.

  • A Waiver of the Joint Filing Requirement to Remove Conditions of LPR status may be granted if the foreign nation can show by supporting documentation and testimony that s/he entered into the marriage in good faith and has been subjected to extreme cruelty from the USC or LPR spouse.

  • You have been convicted of a crime: To overcome crime-related inadmissibility, the foreign national must be granted an I-601 waiver when available under section 212(h) of the INA.

Why Team with Mulder Law to Adjust your Status?

Commitment

The Mulder Law commitment is to follow through with intention and focus. My commitment to my clients is to follow through with a  purpose and a plan of action. I will listen to you in defining your purpose and we will build a plan together. The purpose and plan will be put in writing. 

  • I will answer or promptly return your phone calls,

  • I will meet with you personally,

  • I will appear personally at your interviews and hearings. 

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Experience

There is no substitute for experience. Think of a weight lifter; the more the weight lifter works out the stronger s/he becomes and the more weight s/he is able to lift. It is the same with the practice of immigration law; the more practice the more knowledgeable and skilled the attorney becomes.

I have over 34 years experience and focus on immigration cases that require a waiver. I have developed a  skill at identifying purpose, developing a plan, and implementing the plan.

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Passion

I have been practicing law for more than 34 years. At this stage in my career I have narrowed my practice and I am selective in the clients I choose to team with. My practice is narrowed to Immigration cases that require a waiver. If I choose to team with you, your case is my case and your victory is my victory.  I will be with you all the way.

If I can not represent you with passion, I will not take you as a client.

 

When you team with Mulder Law for your marriage-based adjustment of status aka Adjustment of status through marriage the intending immigrant spouse obtains a green card through marriage. This is sometimes called the spouse visa process. A marriage-based green card is the most common family-based immigration.

What Clients Say

Patient, Professional, and Dependable

Absolutely the best immigration lawyer for us. On target with everything that needed to be done. Believe me when we asked the same question because we didn't understand...she explained it 10 different ways. Yes it was expensive but definitely not as expensive as other lawyers. Guaranteed to get what you need done. Very trustworthy, professional and dependable.
Ittybittymonkeyme

Thorough, Friendly, and Professional

Hello, I met the most beautiful woman in the Dominican Republic while vacationing. Now we’ve decided that we want to spend the rest of our lives together and start a family. I recently hired Ms. Mulder, so that we do the correct things in this process, By the book. Ms. Mulder is not only thorough on immigration law, but is friendly and professional as well. MO

Compassion and Diligence

She's incredible. I went to several other immigration law firms only to get rudely treated like a number on paper. She really cares and will guide you to your goals with compassion and dilligence. My wife and step son were just approved in our interview for our green cards! Thank you so much! I would only go to this firm for my immigration needs.

Rob Anonymous

Contact Mulder Law

Immigration@MulderLawOffice.com
(904)296-7702

Marineland, Florida 32137