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Marriage Green Card Frequently Asked Questions

What is a marriage-based green card?

A marriage-based green card, or immediate relative visa, allows the spouse of a U.S. citizen or lawful permanent resident to become a lawful permanent resident (green card holder) in the United States.

Who is eligible for a marriage-based green card?

To be eligible, you must meet several criteria, including:

Being legally married to a U.S. citizen or lawful permanent resident.

Proving the validity of the marriage.

Demonstrating that the marriage is not for the sole purpose of obtaining immigration benefits.

Meeting other requirements depending on your specific situation.

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

The processing time for a marriage-based green card varies depending on factors such as your spouse’s citizenship or immigration status, your country of chargeability, and USCIS processing times. It can take several months to over a year or more.

Can I apply for a marriage-based green card while in the U.S. on a non-immigrant visa (e.g., F-1, H-1B, or L-1)?

Yes, you can typically apply for a marriage-based green card while in the U.S. on a valid non-immigrant visa, but you must meet the eligibility requirements and go through the adjustment of status process.

What is the adjustment of status process for a marriage-based green card?

The adjustment of status process involves filing several forms, including Form I-485 (Application to Register Permanent Residence or Adjust Status), attending a biometrics appointment, attending an interview with U.S. Citizenship and Immigration Services (USCIS), and undergoing a medical examination.

Can I travel outside the U.S. while my marriage-based green card application is pending?

Yes, but if you are in the process of adjusting your status in the U.S., you should obtain advance parole (travel authorization) before leaving the country to avoid abandonment of your application.

What if my marriage ends in divorce before I receive my green card?

If your marriage ends in divorce before you receive your green card, you may still be eligible to continue with the application process if you can demonstrate that your marriage was entered into in good faith and was bona fide.

Can my family members (spouse's children) obtain green cards through my marriage-based green card application?

Yes, your spouse’s unmarried children under 21 may be eligible to apply for green cards as derivative beneficiaries on your application.

Is there an interview as part of the marriage-based green card application process?

Yes, in most cases, USCIS requires couples to attend a marriage-based green card interview. The purpose is to assess the validity of the marriage.

Can I apply for U.S. citizenship (naturalization) after obtaining a marriage-based green card?

Yes, after being a lawful permanent resident for a specified period (typically three years if married to a U.S. citizen), you may be eligible to apply for U.S. citizenship through the naturalization process.
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Apoorva Chintalacheruvu
Apoorva Chintalacheruvu
Davidson Law Group has been my attorney for over 1.5 years, and my experience has been consistently positive. They successfully processed two LCAs for me and handled my PERM application efficiently. All interactions have been smooth, and they always respond promptly to any questions or concerns. I highly recommend them for anyone seeking professional and responsive legal support.
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
deepti yadav
deepti yadav
Thank you for making the U.S. petition filing process so seamless. From document collection to the VISA interview, the entire experience was smooth. I received support at every step, especially with the DS-160 process, and was guided throughout. I truly appreciate how easy and efficient you made everything.
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Supriya Malla
Supriya Malla
They helped me with STEM OPT Extension filing and H1B filing and their entire process was seamless! They are very professional and prompt with any queries I had. I definitely recommend their services! Thank you so much Davidson Law Group for all your help!
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Ana C
Ana C
So grateful for the team over at Davidson Law Group. They were knowledgeable and responsive, and made a stressful application process so much easier. All of our concerns were quickly addressed and we were given clear instructions every step of the way. Highly recommend!
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Krishan Kohli
Krishan Kohli
These guys are literally the best.Leyla helped me in like everything, from my L1b to i140, and then guided me for my wife’s visa as well and was always extremely patient to all by questionings. They are very quick in communications and will always be there to help.Thank you entire firm 🙂
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Jeff Kung
Jeff Kung
Dana, Leyla, and Melisa have been diligent and responsive to questions. Would recommend!
Response from the owner: Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
 
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010