Congratulations you
married a U.S. citizen. America and Customs and Border Protection (CBP) will
welcome you with open arms right? Well not so fast. Like all things related to
our government there is a process, and the process must be respected. If you
are already in the U.S. and you entered with inspection, congratulations, there
may be (in certain circumstance) a process that will allow you to apply within
the U.S. for adjustment of status. However, if you are outside the U.S. do not
try to enter as a tourist and announce your intention to move in with your
spouse and apply for permanent residency.
People have actually been
detained or denied admission for trying to come in as a tourist or even some
work visas with their U.S. citizen spouse. On occasion people have been expeditedly
removed, requiring them to apply for a waiver in order to come back into the
U.S.
I can tell you from
professional experience that petitioning for a spouse who is currently abroad
can be a time consuming, frustrating experience. At times you are subject to a
factors that are completely random. For example, if your spouse lives in a
country with a Department of Homeland Security (DHS) office that accepts
applications then they can sometimes apply directly at the consulate or
embassy. This will literally save 9 months to a year. I once had a client with
the good fortune of living in South Africa. His wife’s immigrant visa was ready
within three weeks. But this unfortunately is the exception and not the rule.
If you are going to marry
a U.S. citizen or if you are a U.S. citizen marrying a foreign national, you
should consult with an immigration attorney so that you can discuss the
specifics of your situation and craft the right legal strategy.
713 227-1717
No comments:
Post a Comment