DiMaria’s Client Obtains Green Card Based On Her Marriage To Her US Citizen Spouse

I n this case, Client and her husband came to our office for a consultation. Client entered the United States with a visitor visa around seven years ago. Client overstayed her visa and married her husband who was a permanent resident. Client wanted to obtain her green card based on the fact that she was married to a permanent resident, however under immigration laws, Client could only obtain her green card if her husband was a United States Citizen. Client’s husband was eligible for citizenship, however do to a learning disability, he could not learn to read English. DiMaria reviewed Client’s husband’s medical records and upon reviewing the medical records determined that he could help Client and her husband with their immigration matters. DiMaria filed an application for Citizenship with USCIS for Client’s husband. DiMaria also filed a request for a waiver of the English requirement based on Client’s husband’s learning disability. Additionally, Client’s husband had a few arrests and one conviction. DiMaria attended the citizenship interview with Client’s husband and his application for citizenship was approved. Upon approval of husband’s citizenship, DiMaria filed Client’s green card application. DiMaria and Client attended Client’s interview for her green card. After the officer asked several questions and reviewed all of the documents that DiMaria submitted on behalf of Client, the officer approved Client’s application for a green card. Being that Client was married to her husband for less than two years at the time she received her green card, her green card is valid for two years. At the end of the two-year period, Client has to file an application for her permanent green card. If Client and her husband remain together, Client will be eligible for Citizenship three-years from the date she obtained her first green card.