TN Visa to Green Card Approval (4 Months) - 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’s business was not making sufficient enough income to meet the I-864, Affidavit of Support income requirements, and so we needed to rely on the U.S. citizen’s assets to meet the income requirement.

FILING PROCESS:

• I-130 / I-485 application @ USCIS in Nov. 2022

BIOMETRICS SCHEDULED:

• Scheduled for Dec. 2022

EMPLOYMENT & TRAVEL AUTHORIZATION CARD (EAD/AP) ISSUED:

• Employment Authorization Document issued in Dec. 2022

• Advance parole approval not issued - Applicant approved for green card prior to AP issuance

  • This is becoming a common occurrence, and speaks to the extensive backlogs and delays in the processing of AP applications, as well as USCIS’ push to adjudicate U.S. citizen-based green card applications.

INTERVIEW LOCATION:

• Final case processing at USCIS field office in CA

• However, USCIS waived the interview requirement

PROCESSING TIME:

• Approx. 4 months after filing

• No Request for Evidence (RFE) issued

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