TN Visa to Green Card Approval (~2 Months!) - Marriage to U.S. Citizen

Written By Brian D. Zuccaro, Esq.

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 Feb. 2023

BIOMETRICS SCHEDULED:

  • Scheduled for March 2023

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

  • Employment Authorization Document issued in April 2023

  • 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 NY

  • However, USCIS waived the interview requirement

PROCESSING TIME:

  • Approx. 2 months after filing

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

Brian D. Zuccaro, Esq.
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