No false promises—just clear, straightforward advice to help you succeed with your marriage-based green card application
Focused on high standards and smart strategies to keep your Adjustment of Status case on track and stress-free
Your story matters, and we approach every green card application with the care and dedication it deserves
We begin by having one of our expert attorneys review your eligibility for a marriage-based green card, identifying any potential issues, and answering your questions upfront—so you know exactly what to expect
We help you gather the right documents based on your case and prepare your bona fide evidence package—customizing it to your unique story rather than relying on a one-size-fits-all approach.
Your case goes through multiple reviews by our staff and attorneys to minimize mistakes. We handle the filing process carefully to prevent delays or rejections.
We guide you through the biometrics appointment and respond to any requests for additional evidence (RFEs).
We also prepare you both for the USCIS interview with mock questions and practical tips to ensure you feel confident. And we’ll accompany you to the interview to provide on-site support if needed.
We answer your questions about employment and travel, helping you plan ahead.
Our experience allows us to identify the need for a waiver early, and we provide updated legal advice based on immigration changes under the new administration.
We track your case closely and keep you informed every step of the way—providing timely updates so there are no surprises.
And then, we celebrate with you when your green card arrives!
A. If your spouse is a U.S. citizen, they can file a family-based petition for you. This may enable you to apply for marriage-based Adjustment of Status, but there are other considerations—such as admissibility—to determine whether you are eligible.
A. Adjustment of Status applies only to individuals inside the U.S. If you’re overseas, we can assist with spousal visa consular processing options.
A. Yes! But there are differences in the process, as certain waivers and exemptions available to U.S. citizens are not available for spousal petitions filed by green card holders. Additionally, the process may take longer due to visa availability.
A. Key factors include:
1. Proof of a bona fide marriage (not solely for immigration purposes).
2. Physical presence in the U.S. following either an admission or parole.
3. No disqualifying immigration or criminal violations.
A: No, there’s no required length of marriage before applying. However, if your marriage is less than two years old, USCIS will issue a conditional green card valid for two years. You’ll need to file later to remove conditions before it expires.
A: Absolutely. Same-sex couples have equal rights under U.S. immigration laws to apply for marriage-based green cards.
At Massa Viana, we are committed to providing an inclusive and supportive environment, ensuring every couple feels respected and valued throughout the process.
A: International travel during the Adjustment of Status process can result in the application being considered abandoned. However, in certain cases, the applicant may be able to travel after receiving Advance Parole. Advance Parole, however, is not a blanket permission to re-enter the United States, so it is important to work with your attorney before making travel plans.
A: Generally, yes, if you are married to a U.S. citizen. However, for those married to a lawful permanent resident, any status violation or unlawful work may complicate the process. Some cases may qualify for a waiver.
A: Processing times vary based on different factors and jurisdictions. You can monitor the status of pending applications on the USCIS processing times website. We have had applications approved anywhere from 4 to 18 months.
A: Living apart doesn’t automatically lead to a denial, but it may raise questions about the authenticity of the marriage. It’s important to prepare a package with substantial evidence about the relationship, along with a valid explanation for the separate living arrangements.
A: You might have the option to file a motion to reopen or reconsider the decision. In some cases, it may also be possible to reapply. Consulting an immigration lawyer in such scenarios is highly recommended.
A: While not mandatory, having an immigration lawyer can significantly improve your chances of a successful application. The Massa Viana team has a strong track record of helping couples navigate this process.
A: In most cases, you can apply for a work permit (Employment Authorization Document) during the process, enabling you to work legally in the U.S.
A: Some scenarios allow individuals who entered the U.S. unlawfully to apply for Adjustment of Status, but this is less common for marriage-based applications. For example, individuals who were present in the U.S. prior to April 30, 2001, may qualify under Section 245(i). In these cases, it is crucial to consult an attorney.
A: Yes, you may still be eligible for a green card as the widow(er) of a U.S. citizen, as long as you were legally married at the time of your spouse’s death and file your petition within two years.
If your spouse had already filed a family-based petition (Form I-130) before passing away, it may be automatically converted to a widow(er) petition (Form I-360).
Because eligibility depends on specific circumstances, we recommend speaking with an immigration attorney to review your case and assist with the process.
A: It depends on the nature of the criminal charge and whether there was a conviction. Even non-convictions can be considered by USCIS as a matter of discretion. It’s essential to seek legal advice for guidance based on your specific situation.
A: If you are in removal proceedings, consulting an immigration lawyer is essential. While Adjustment of Status may be possible in some cases, removal proceedings can significantly impact your eligibility.