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Public Charge Final Rule and How It Affects Immigrants
On September 9, 2022, the United States DHS published a final rule on ‘public charge,’ which took effect on December 23, 2022. This rule clarifies how DHS will determine inadmissibility on the grounds of being a public charge.

The rule restores the historical understanding of this ground of inadmissibility, which refers to the possibility of denying a green card, visa, or admission to the United States to a person who is likely to become a burden on the state by relying on public assistance.

What Is a Public Charge Rule?

A“public charge” rule is a ground of inadmissibility. Grounds of inadmissibility are factors that can disqualify an individual from obtaining a green card, visa, or admission to the United States. Immigration officers use this rule to determine if an applicant is likely to rely on government assistance in the future, which would make them a “public charge.” However, only some applicants are subject to this rule, and it only applies to some green card applicants.

What Is the Test for Public Charge?

In immigration applications, many noncitizens are not required to undergo a public charge test. However, for those who need to take the test, federal law dictates that immigration officials must consider certain factors to determine whether the individual is likely to become a public charge. These include:
- Age
- Family status
- Health
- resources
- Assets, resources, and financial status
- Education and skills
For some applicants, an Affidavit of Support (USCIS Form I-864) is also required.

Under longtime DHS policy and the new DHS final rule on public charge, the only public benefits that immigration officials look at as part of the public charge test are:
- State, Tribal, territorial, or local cash assistance for income maintenance
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF)
- Institutionalization for long-term care at government expense
Does the Federal Government Consider Public Benefits as Public Charge?

The federal government excluded many public benefits and services for healthcare, nutrition, housing, and other specific purposes in the public charge test. These include:

Some of the excluded benefits excluded from the public charge test are:
- Medicaid (except for long-term institutionalization), CHIP, Medicare
- SNAP, WIC, free and reduced school meals
- COVID-19 Vaccines, testing, and treatment
- Home-based or community-based health services
- special-purpose or supplemental benefits such as child care or utility assistance
- Public housing and shelter
Additionally, the latest DHS final rule on public charge makes clear that:
- The federal government will not consider the benefits the family members other than the applicant (such as a U.S. citizen child) receive in the applicant’s public charge test.
- The public charge test does not include being in an institution for short-term rehabilitation or criminal conviction.
- Disability alone is not enough to make someone a public charge.
- Receiving benefits considered in the public charge test does not automatically classify someone as a public charge.
Does Public Charge Apply to All Immigrants?

Many noncitizens are exempt from the public charge test in their immigration applications. According to current law, the new DHS final rule on public charge, and DHS policy, the following groups generally do not have to undergo the public charge inadmissibility test:
- People applying for or granted:
  - Asylum
  - Refugee status
  - U or T visas
  - Special Immigrant Juvenile Status (SIJS)
  - VAWA self-petitions
  - U.S. citizenship
- Individuals seeking to apply for or renew DACA (Deferred Action for Childhood Arrivals) or TPS (Temporary Protected Status)
Related: Deferred Action for Childhood Arrivals

Overview of the Public Charge Rule

The 2019 Public Charge Rule

In 2019, the government modified the “Public Charge rule” during the Trump administration to make it more difficult for people to obtain green cards and visas. The new rule expanded the definition of dependency on government benefits and added the consideration of the future likelihood of reliance on such benefits. This change resulted in a decrease in the number of people who were eligible for these documents.

In 2019, two versions of the “Public Charge” regulation were released: one by the Department of Homeland Security (DHS) that applied to green card applicants within the United States and another by the Department of State (DOS) that applied to those outside the United States. Both versions of the rule are no longer in effect. The Biden administration halted the DHS rule on March 9, 2021, and a court order stopped the DOS policy on July 29, 2020.

In 2019, DHS created the basis for denying green cards to immigrants in the United States.

These include:

1. Prior use of specific public benefits:

The DHS expanded the definition of public charge to include common benefits such as:

-Food Stamps

-Medicaid

-Federal housing subsidies

– Housing assistance

If a person uses one or more of these benefits for more than 12 months within 36 months, DHS could deny their application for a green card.

2. Leveraging public charge benefits in the future:

The DHS included some factors which the immigration department will consider to determine if a person could become a public charge in the future.

These include:
- Age: Applicants are only eligible if they are above 18 (incapable of working), older than 61 (minimum retirement age), or not within any age that affects their ability to work. This was important in determining whether an immigrant would become a public charge in the future.
- Health: DHS scrutinizes each applicant to ensure their health will not affect their ability to work.
- Family size: Having a large family could increase the likelihood of a visa denial.
3. Education and Skills:

Applicants need to show that they can obtain and maintain employment. Applicants’ employment history, high school diploma, occupational skills, credentials, and proficiency in English and other languages greatly determine whether they get a visa or a green card.

4. Financial status:

In addition to looking at the applicant’s income and assets, the DHS looked at other factors. These factors are credit history, credit score, and financial liabilities. Also, whether the applicant has enough insurance to cover medical costs.

Public Charge Rule in 2022

The United States government proposed the new public charge rule on February 24, 2022, based mainly on the 1999 public charge rule. It was published as a final rule on September 9, 2022, and became effective on December 23, 2022.

The Department of Homeland Security (DHS) will not consider an individual’s participation in noncash benefits programs, such as Supplemental Nutrition Assistance Program (SNAP), public housing, or school lunch programs, when determining if the individual is likely to become a public charge. The only exception is if the individual receives long-term institutionalization at government expense.

Public Charge Final Rule on December 23, 2022: What’s New?

From December 23, 2022, all applicants for a green card in the U.S. will submit the latest version of Form I-485 (Application for Adjustment of Status).

The form has undergone some changes, and the government will request new data from applicants: These include:

1. Attempting to Balance Your Income/Assets with Your Debt

The new form requires applicants to provide details about their income, assets, and debt amounts. These include home loans (mortgages), vehicle loans, student loans, and commercial/small business loans. While revolving debt like credit cards and subscriptions may be considered less important, it is still recommended to report them if they are significant (over $10,000).

2. The Government Will Ask for Information about Your Education, Skills, and Qualifications

You will need to disclose your highest level of education, professional certifications, and job skills. The government will use this information to assess your employment likelihood and identify potential professions for you.

3. Public Cash Benefits Collected from the U.S.

As a non-U.S. citizen or permanent resident, using public benefits, particularly cash benefits provided by the state or federal government, can negatively impact your immigration application. It is important to note that these benefits are often restricted to U.S. citizens or their family members. Additionally, the government may inquire about whether you have been institutionalized at U.S. government expense.

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What Does This Mean for Immigrants?

U.S. Citizenship and Immigration Services (USCIS) has included some guidance on what is and is not necessary for the benefit section of the form.

According to the new form instructions from the USCIS, you do not need to include additional evidence with your application to support the information you have provided on the form. However, the agency may request further evidence, called a Request For Evidence (RFE), if it requires more documentation to decide on your application.

You may be concerned about the potential impact of the public charge final rule on you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney. This will give you the opportunity to discuss your specific circumstances and receive professional guidance on how to proceed.
January 10, 2023
What Does it Mean to Sponsor Someone for a Green Card?
If you’re like many people, you know that it’s possible for an American citizen or lawful permanent resident to sponsor an immigrant to come to the United States. But what, exactly, does it mean to be a sponsor, and how does it all work? This guide explains.

What is a Green Card Sponsor in Family Immigration?

A green card sponsor is someone who helps an immigrant become a lawful permanent resident in the United States. The sponsor does this by signing Form I-864, Affidavit of Support. This form is essentially a contract that says the person who signs it agrees to use their financial resources to support the person named on the affidavit if necessary.

Anyone who applies to become a permanent resident through a family member needs a financial sponsor. U.S. Citizenship and Immigration Services (USCIS) requires Form I-864 as part of a complete application. Without it, USCIS will deny the application.

Note that sponsoring someone for family immigration is different from sponsoring an employee to work for your company. Business immigration is a separate process and requires an employer to perform several steps before being eligible to sponsor a worker. (This guide only addresses family immigration.) The one exception is when an immigrant is coming to the U.S. to work for a relative, or for a company that a relative owns a certain share in. If this sounds like your situation, you should speak to a New York immigration attorney about the requirements you and your family member must meet.

Related: Can undocumented immigrants get legal status in the United States?

Who’s Eligible to Sponsor Someone for a Green Card in the United States?

To sponsor an immigrant, you must be a U.S. citizen or lawful permanent resident who’s at least 18 years old. You must also be currently living in the United States or one of its territories or possessions at the time you file an Affidavit of Support.

The sponsor is usually the person whose relationship qualifies the immigrant for lawful permanent residency in the United States. For example, a spouse may sponsor their partner; a parent may sponsor their child. In some cases, a child may sponsor their parent, or someone may sponsor a sibling.

Who Can U.S. Citizens Sponsor?

U.S. citizens may sponsor the following family members:
- A spouse
- An unmarried child under the age of 21
- A parent (if the citizen is over the age of 21)
- A married child of any age
- A sibling (if the citizen is over the age of 21)
Who Can Lawful Permanent Residents Sponsor?

Lawful permanent residents may sponsor the following family members:
- A spouse
- An unmarried child under the age of 21
- An unmarried stepchild under the age of 21
Related: The step-by-step guide to removing conditions from a green card

Can You Sponsor More Than One Person?

You may sponsor more than one person. However, you will need to complete a separate petition and Affidavit of Support for each person you wish to sponsor. You also need to prove that you can financially support each immigrant you sponsor.

The Affidavit of Support for Green Card Sponsors

An Affidavit of Support helps ensure that new immigrants to the United States aren’t living in poverty. Unfortunately, sometimes people come to the U.S. without adequate money to live on – and that’s where the sponsor comes in. The sponsor signs a legally binding affidavit that says they agree to provide for the immigrant if necessary; that helps prevent new immigrants from being forced to rely on some types of public assistance programs. If the immigrant uses certain forms of public assistance, the sponsor is required to repay the government for the assistance the immigrant uses.

Generally, you must make at least 125 percent of the Federal Poverty Guidelines, which change every year, to qualify as a sponsor. There’s an exception, though: If the sponsor is an active-duty military member in the U.S. armed forces and the immigrant is a spouse or child, the income requirement is 100 percent of the poverty level.

If you don’t make at least that amount, you may need a joint sponsor.

What is a Joint Sponsor?

Sometimes it’s necessary to use a joint sponsor – a second person who agrees to provide financial support to an immigrant who’s applying for a family-based green card. This person doesn’t have to be related to the primary sponsor or the immigrant; it can be a friend rather than a family member.

A joint sponsor may be necessary if you (the primary sponsor) don’t have enough income or assets to guarantee that you’re able to support the immigrant. You may also need a joint sponsor if your tax returns don’t accurately reflect how much you make now, even if you currently make enough. That’s because USCIS will look at your tax returns as proof of your income.

The primary sponsor and the joint sponsor must both fill out and file an Affidavit of Support.

Related: What are immigration fraud and willful misrepresentation?

What Are Your Responsibilities if You Sponsor Someone for a Green Card?

A green card sponsor’s responsibilities are simple: They must provide financial support for an immigrant if it becomes necessary. Naturally, if the immigrant can provide for themselves, the sponsor doesn’t have to provide financial support.

How Long Does Sponsorship Last?

A sponsor’s financial responsibility automatically ends when the person they sponsored becomes a U.S. citizen. If the immigrant doesn’t become a U.S. citizen, the sponsor’s financial responsibility ends when the immigrant is credited with 40 quarters of work in the U.S. (which usually happens if the immigrant is continuously employed for 10 years), leaves the U.S. permanently, or passes away.

What is the Process for Sponsoring an Immigrant?

The first step in sponsoring an immigrant is usually filing a petition with USCIS. The specific forms you need to file depends on your relationship to the person you’re sponsoring. Your immigration attorney will know exactly which forms you need to file, as well as what types of supporting documentation you need to send in with your petition.

Sponsoring an Immigrant Who Already Lives in the United States

The process for sponsoring an immigrant who already lives in the United States is a little different. In this case, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status, along with the other required documents. The immigrant must then attend an interview at a USCIS office.

Sponsoring an Immigrant Who Lives Outside the United States

If the immigrant you want to sponsor lives outside the United States, you will need to go through the National Visa Center (NVC) process. The first step is to file Form I-130, Petition for Alien Relative. After that’s approved, the NVC will send you information and instructions on how to submit the Affidavit of Support and pay the visa processing fee. From there, the immigrant will need to attend an interview at the nearest U.S. embassy or consulate.

What Supporting Documents Do You Need to Sponsor an Immigrant?

There are a few different supporting documents that you may need to submit (in addition to your Affidavit of Support) when sponsoring an immigrant. These include:
- Proof of your U.S. citizenship or lawful permanent resident status
- Proof of your relationship to the immigrant
- Evidence of your financial ability to support the immigrant
- A medical examination
- A police certificate (if required)
You may also need to submit other documents, depending on your individual circumstances. But don’t worry – your immigration attorney will tell you exactly what you need for your petition.

How Much Does it Cost to Sponsor a Family Member?

There are a few different fees associated with sponsoring a family member for a green card. The first is the filing fee for the petition, which is subject to change (but you can find the current fee here). You may also have to pay a biometrics fee and a fee for the Affidavit of Support.

How Long Does it Take to Sponsor an Immigrant?

The amount of time it takes to sponsor an immigrant depends on a few different factors. These include:
- The relationship between the sponsor and the immigrant
- The immigrant’s country of origin
- Whether the immigrant is already in the United States
Generally speaking, it takes longer to sponsor an immigrant who is not a close relative and who lives outside the United States. The entire process can take several months (or longer), so it’s best if you talk to an immigration attorney about your specific situation. Your attorney can discuss how long your case is likely to take and when your relative may be able to come to the United States.

Related: Can you get a green card with a criminal record?

What if the Person I’m Sponsoring Gets a Green Card Based on Employment?

If the immigrant you sponsored gets a green card based on employment rather than a family relationship, you are not responsible for them financially. The employer is responsible for making sure that the immigrant can support themselves.

However, even if you’re not financially responsible for an employed immigrant, you may still be considered their sponsor. That’s because you were the one who originally petitioned for them to come to the United States. As such, you may be asked about your sponsorship during the immigrant’s green card interview.

Do You Need to Talk to an Immigration Attorney About Sponsoring Someone for a Green Card?

If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.
August 24, 2022
What Happens at an Immigration Interview?
If you’re like most people immigrating to the United states, there’s a good chance you’ll have to participate in an immigration interview. But what happens during an immigration interview, and what are the possible outcomes? Does U.S. Citizenship and Immigration Services (USCIS) interview everyone who wants to come to the United States? This guide explains.

What is an Immigration Interview?

An immigration interview is a sit-down chat with an official from USCIS or someone working at a U.S. embassy or consulate abroad. The person interviewing you will determine whether or not you’re eligible for an immigrant visa, green card or United States citizenship. Your immigration attorney will most likely tell you that immigration interviews are nothing to worry about. As long as you take a little time to prepare, understand what the official will ask you and understand your responsibility for answering truthfully, your immigration interviews should go off without a hitch.

Where Do Immigration Interviews Happen?

Immigration interviews typically take place at a USCIS field office within the United States, but if you’re outside the United States, yours will take place at the U.S. embassy or consulate closest to you.

Related: Can you get a green card if you have a criminal record?

Who Has to Participate in an Immigration Interview?

Most people who are applying for an immigration benefit in the United States I required to participate in an immigration interview. However, there are a few exceptions, including those for children and some senior citizens. There are also exceptions for people who are physically unable to participate in interviews, as well. But the vast majority of people are required to participate in an immigration interview.

How Long Do Immigration Interviews Take?

Most immigration interviews only last around 20 minutes. However, in some cases, interviews can take longer. Sometimes green card marriage interviews last a bit longer than standard immigration interviews do; that can be the case when an interviewer suspects that there’s fraud involved in your case. See the later section, “Marriage Green Card Interviews,” for more information on these types of interviews.

Related: The complete guide to green card marriage

Differences Between Visa Interviews, Green Card Interviews, and Citizenship Interviews

In most immigration interviews, the interviewer’s primary job is to determine whether you’re admissible to the United States. The interviewer will look at your initial application and review your answers. They’ll also ask you questions about anything they need clarified. With that said, most interviews are pretty standard. The following sections describe the basics for each type of immigration interview.

Immigration Interviews for Visas

Before you attend an immigration interview to get a visa, you’ll need to gather supporting documentation. That means you need a copy of your medical examination results, if applicable, as well as original or certified copies of all civil documents that you submitted as part of your original application. You also need to bring your appointment letter, passport and two identical color photographs of yourself and every other applicant applying with you.

When you arrive for your interview, you may need to bring your spouse and any children who are immigrating with you. Generally, everyone who is required to participate in your interview will be named in the letter you receive from USCIS or the National Visa Center.

You can expect your interviewer to ask you things like:
- Why are you traveling to the United States?
- How long do you plan to stay in the United States?
- Where will you stay in the U.S.?
- Who will be paying your expenses?
- Do you have friends and relatives in the United States?
- Have you visited the U.S. before?
- Have you already booked your tickets?
- Do you have any other plans, such as working, studying or tourism?
- What are your plans after your visa expires?
As with any other immigration interview, it’s very important that you’re honest with your interviewer. The person who interviews you needs to see whether your answers match up with your visa application, as well as whether you’ve chosen the right type of visa for your purposes. It’s the immigration official’s job to ensure that you’re not planning to violate U.S. immigration law by overstaying your visa, as well.

Related: What you need to know about deportation from the U.S.

Immigration Interviews for Green Cards

Immigration interviews for green cards are a little different from those designed for visas. Usually, green card interviews occur between 7 and 15 months after you apply for a green card – but not everyone is required to attend this interview. The U.S. government will notify you if you need to attend an interview for a green card; if you don’t receive a notice from the government, check with your immigration attorney to clarify.

If you’re applying for a green card based on your family relationships (such as a spouse), both you and your sponsoring family member may be required to appear for the interview. However, there are exceptions – such as when the sponsoring family member lives in a different country, or when you’re applying for a green card from within the United States.

If you’re applying for a green card as an employee, only you need to attend the interview. Your employer doesn’t have to attend with you.

A Word on Marriage Green Card Interviews

When you apply for a green card based on your marriage to a U.S. citizen or lawful permanent resident, you can expect to be required to attend an interview. Usually, you and your spouse both have to show up to a marriage green card interview. During this interview, your interviewer will review your application and go over your answers with you – and your interviewer will also try to determine whether your marriage is legitimate. That’s because many people try to commit immigration fraud by getting married. It’s your interviewer’s job to make sure you’re in a bona fide (genuine) marriage, and that you didn’t simply get married so that you could get a green card.

During your marriage green card interview, the official interviewing you will most likely ask questions like these:
- How did you two meet?
- How long did you date before you got married?
- Who proposed, and what’s the story of your proposal?
- What was your wedding like, and who attended it?
- Did you perform (or did someone else perform) any special rituals at your wedding?
- What kind of food did you serve at your reception?
- Did you go on a honeymoon? If you did, where did you go?
- What is your daily life like at home?
- How often do you communicate with each other when you’re apart?
- Who cooks and who cleans around the house?
- How do your children get to school?
- What are your kids’ favorite activities? Their favorite foods? Who are their friends?
- Which side of the bed do you sleep on?
- Does your spouse take any medications?
- When is your spouse’s birthday, and what do you do to celebrate?
- What’s the most important holiday in your household, and how or where do you celebrate it?
The purpose of these questions is to ensure that you’re in a genuine marriage. Your interviewer will be looking for signs that you and your spouse aren’t married because you’re in love, or that you don’t live together and are only married on paper.

To be very clear, it’s okay if you trip up. Even couples who have been married a long time may have difficulty remembering which medications a spouse takes, who their kids hang out with, or remembering small details. Your investigator is looking at the big picture.

What’s not okay is being dishonest. If you don’t know the answer to a question, just say so; don’t try to make something up. Making up answers is bad news for your case, because it makes you less credible – and you need the investigator to understand that you’re in a bona fide marriage. If the investigator suspects you’re being dishonest, they may call you back in for a Stokes interview.

What is a Stokes Interview?

A Stokes interview is another chance for a couple to prove that they are engaged in a legitimate marriage period during this type of interview, and immigration official will interview you and your spouse together and separately.

First, the immigration officer will most likely explain to both of you why another interview is necessary. After doing so, the official will most likely separate you from your spouse and ask you questions individually. These questions may be very personal, but rest assured that your spouse is getting the same questions you are. you can expect questions similar to those in your first interview, such as how you met and who proposed. The official may also ask you questions such as:
- Who typically does the dishes?
- Do you pay your bills online, or do you write checks?
- Who gets up first in the morning?
- How many sinks and toilets are there in your home?
- Where did you buy your furniture?
- Who is your phone service provider?
- What television shows do you watch together or separately?
- How often do you go out to eat?
- Where do you keep your toothbrushes?
- Who fell asleep first last night?
The immigration official will then compare your answers to see if they match.

After both interviews are complete, the immigration official will bring you and your spouse back to the same room together. At that time, they’ll ask you and your spouse to explain any discrepancies in your answers. This type of interview is your last opportunity to convince the immigration official that your marriage is real, and that you didn’t just get married to obtain an immigration benefit. After your interview, the immigration official may approve your petition or deny it. If your petition is denied, you may wish to talk to an immigration attorney about your options.

Immigration Interviews for U.S. Citizenship

When you apply for citizenship, you can expect to attend an interview. During this interview, an immigration official will go over your application and verify your answers. They may also ask you additional questions.

You’ll take your U.S. citizenship test during your naturalization interview. Usually, immigration officials make a decision following this interview. If USCIS needs more information, you won’t receive a decision immediately; you can expect a request for more information to follow.

Related: Everything you need to know about the U.S. citizenship test

Do You Need to Talk to an Immigration Attorney About Your Immigration interview?

If you need to talk to an immigration attorney about an upcoming immigration interview (or anything else related to immigration), we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.
July 24, 2022
Green Card Through Marriage: Everything You Need to Know
If you marry a United States citizen or lawful permanent resident, you could be eligible for a green card. A green card is proof that you’re a lawful permanent resident of the U.S., and it enables you to live and work anywhere you wish. But how do you get a green card through marriage, and when do you become eligible? This guide explains everything you need to know about getting a green card based on your marriage to a U.S citizen or lawful permanent resident.

What is a Marriage Green Card?

There isn’t a special type of green card for people who marry United States citizens or lawful permanent residents; everyone gets the same type of green card. However, the eligibility requirements for a green card through marriage are different than they are through other paths. Often, people find it easier to get a green card through marriage then they do through a work visa or another program.

Before you can apply for a marriage based green card, you must be married to a U.S. citizen or lawful permanent resident.

Your sponsor has to petition the U.S. government for your green card. Your spouse is considered the petitioner or sponsor for your green card, and you’re the beneficiary. You aren’t allowed to apply for your own green card through marriage except in special circumstances. (See the later section, “Green Cards for VAWA Self-Petitioners,” for more information.)

Working on a Green Card

When you have a green card, you can work anywhere you’d like without special authorization from the government. That’s true even if you came to the United states on a work visa or you needed an Employment Authorization Document (EAD) to work before you married your spouse.

Going to School on a Green Card

You’re allowed to attend a college, university or trade school when you have a green card – there’s no special authorization required. You may also participate in on-the-job training programs, get an apprenticeship or attend special certification courses without permission from the U.S. government.

Related: What happens if you abandon your green card?

Who Qualifies to Get a Green Card Through Marriage?

You may be eligible to get a green card based on your marriage to a citizen or lawful permanent resident. However, your marriage must be legally valid and genuine. U.S. immigration law says that it must be a bona fide marriage. That means that you’re married because you want to spend the rest of your life with your spouse – and that you didn’t simply marry them to get an immigration benefit (like a green card).

You must also be admissible to the United States.. You’re inadmissible (meaning that you can’t enter the U.S.) if any of the following grounds of inadmissibility apply to you:
- You have a serious substance abuse problem.
- You’ve been convicted of drug trafficking.
- You don’t have the proper vaccines to enter the country, or you have a communicable disease “of public health significance,” such as tuberculosis. However, waivers are sometimes available.
- You’ve been convicted of or admitted to a crime of moral turpitude. A crime of moral turpitude is a crime that most people find shocking or against the rules of morality. Some examples of these crimes include murder, rape, spousal or child abuse, and animal fighting. There are many other crimes that fall under this term, as well, but sometimes waivers are available.
- You violated immigration laws, though you may be eligible for a waiver.
- You’re a spy, terrorist or insurgent, or Nazi.
Even if you’re already in the United States, the government must determine that you’re admissible before you can get a green card through marriage (or through any other means).

Waivers are available for some grounds of inadmissibility. Your Port Chester immigration attorney can talk to you about the specifics if any of them apply to you.

Eligibility Requirements

If you’re admissible to the United States and you’re married to a green card holder or U.S. citizen, you may apply. However, your spouse must show that they have the financial means to support your entire household. Additionally, your spouse must actually live in the United States (or intend to return to the U.S. with you if you’re both living abroad).

Can Your Kids Get Green Cards, Too?

Your unmarried, foreign-born children may be eligible to get green cards at the same time you do if they’re under the age of 21 at the time you apply. It’s okay if they’re not your current spouse’s biological or adopted children. They may be eligible based on their relationship with you, rather than their relationship with your spouse. You should talk to your immigration attorney about obtaining marriage-based green cards for your children; she can give you the legal advice you need.

Applying for a Marriage Green Card

Many people choose to work with an immigration attorney to get a green card based on marriage. That’s because the application process can be complicated and time-consuming, and even a small error could lead to rejection.

When your attorney helps you apply for a marriage-based green card, she’ll file Form I-130 to establish your marital relationship. She needs to include several types of documentation with this form, including proof that your spouse qualifies to sponsor you and that you’re legally married. Your attorney will also include proof that you’re in a bona fide (genuine) relationship with your spouse, such as:
- A joint lease
- Joint bank statements
- Photos of you and your spouse together
- Receipts for gifts you and your spouse have gotten each other
Then, your attorney will fill out and file Form I-485 or Form DS-260 for you. That form also needs supporting documentation, including proof of your nationality, that you entered the U.S. lawfully, and that you don’t have any communicable diseases that could pose a public health threat. Your lawyer may need to fill out a number of other forms, too, depending on your situation (such as an application for employment authorization or for travel authorization). You may also need to provide USCIS with other types of documentation, which your attorney will explain to you.

Green Cards for VAWA Self-Petitioners

Under most circumstances, your spouse must petition the government for your green card. You’re not allowed to apply for yourself. However, in some cases, people are allowed to apply for their own green cards. If you’re the victim of domestic abuse or cruelty, you may be eligible to apply for your own green card under the Violence Against Women Act (VAWA). You don’t have to be a woman to apply; it’s open to all victims of abuse or cruelty.

If you apply for your own green card this way, you’re called a VAWA self-petitioner. You may still be able to get a green card without your spouse’s knowledge or consent. If you’re in a situation like this, let your attorney know – she can help you fill out and file the appropriate forms with USCIS.

Related: What happens to your work permit after cancellation of removal?

The Marriage Green Card Interview

After your attorney has filed your petitions and supporting documentation, you have to participate in a green card interview. A U.S. Citizenship and Immigration Services (USCIS) officer will interview you. This officer’s primary job is to determine whether your marriage is genuine. That means the officer looks for evidence that you married just to get a green card – and if they find any, the government will deny your petition.

Your interview will take place at the USCIS office nearest your home. If you live abroad, your interview will take place at a U.S. embassy or consulate in your home country.

How the Length of Your Marriage Determines What’s Next

If you’ve been married for fewer than two years and USCIS approves your petition, you’ll receive a conditional green card that’s valid for two years. If you’ve been married for more than two years, you’ll receive a permanent green card that’s valid for ten years.

A Word on Conditional Marriage-Based Green Cards

A conditional green card is only temporary. It’s valid for two years. Before those two years are up, you must apply to remove the conditions; if you don’t, the government can deport you. (The condition is really that you remain married to your spouse for at least that length of time.) Your attorney can help you remove the conditions from your green card. After the conditions are removed, you receive a permanent green card.

Related: The complete guide to deportation

How Long Does it Take to Get a Green Card Through Marriage?

Though processing times vary, it typically takes USCIS between 9 and 36 months to process a green card application. Your immigration attorney can keep track of your application and keep you updated on its status while you wait.

Common Questions About Green Card Marriage

Check out these commonly asked questions about marriage-based green cards. If you don’t see the answer to your question here, please call our office at 914-481-8822 to ask – we’ll be happy to give you the answers and legal guidance you need.

How Long Do You Have to Be Married to Get a Green Card in the U.S.?

You typically have to be married for at least two years to get a permanent green card. However, you can get a conditional green card before you’ve been married that long. After you remove the conditions from your green card – which you do by showing that your marriage is legitimate (and that you’re still married to the same person) – you may receive a permanent green card that’s good for ten years.

Related: U visa processing times

What Happens to Your Green Card if You Divorce?

If you divorce your spouse before the government issues you a green card, the whole process stops. That’s because you were eligible for a green card based on your marriage to a U.S. citizen or lawful permanent resident – and now that you’re divorced, that relationship no longer exists. You cannot get a green card if you divorce while USCIS is processing your application.

If you divorce your spouse while you have a conditional green card, you need to prove that your marriage was genuine and that you didn’t commit immigration fraud. There are some special circumstances, such as when you’re a VAWA self-petitioner, that enable you to apply for your own green card if you divorce before your marriage is two years old.

If you divorce your spouse while you have a permanent green card, which is good for ten years, it probably won’t affect your green card renewal. However, you can contact an immigration attorney if you aren’t sure or need help with your renewal.

Can You Marry Someone Just to Get a Green Card?

It’s illegal to marry someone just to get a green card. When the U.S. government finds out that you committed immigration fraud, you’ll be removed from the country. If you’re removed, you won’t be allowed to come back for a set period of time – even if you have a home, a job and other ties to the United States.

Do You Need to Talk to an Immigration Attorney About Getting a Green Card Through Marriage?

If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.
July 1, 2022