TN Visa to Green Card Approval - Marriage to U.S. Citizen

Case History / Issues:

  • Applicant was a Canadian citizen, and was working in the U.S. under valid TN visa status.

  • Applicant married a U.S. citizen.

Strategy:

  • Reviewed case for adjustment of status eligibility, and to ensure no preconceived intent issues, potential employment gap or travel issues, or maintenance of status issues.

  • Reviewed case to assess the merits of the green card application. The applicant and his spouse had sufficient documentation evidencing the bona fides of their marriage, and therefore, should not have an issue securing approval of the I-130 petition.

  • The U.S. citizen was working full-time, and had sufficient employment income to meet the I-864, Affidavit of Support income requirements.

Filing Process:

  • I-130 / I-485 application @ USCIS in July 2021

Biometrics Scheduled:

  • Scheduled for Sept. 2021

Employment & Travel Authorization Card (EAD/AP) Issued:

  • Employment Authorization Document issued in Feb. 2022, and was valid for 2 years.

  • Sought expedited processing of the Applicant’s Advance Parole travel authorization in Jan. 2022 so that the Applicant could visit an ailing relative outside of the U.S. USCIS approved this request and issued the Advance Parole document, which was valid for 1 year, in Feb. 2022.

Interview Location:

  • Final case processing at USCIS field office in Texas

  • USCIS waived the interview requirement, and issued the Applicant’s green card in May 2023

Processing Time:

  • Approx. 22 months after filing

  • No Request for Evidence (RFE) issued on merits

  • (RFE issued for applicant to mail-in I-693 medical report since it was not submitted during initial filing)

Statements regarding prior application approvals our office has obtained are provided for informational purposes only. Prior results do not guarantee a similar outcome.
 

Green Card, Success StoriesBrian D. Zuccaro, Esq.Marriage US Citizen / LPR, Adjustment of Status