If you came to the U.S. without a visa or permission and are now married to a U.S. citizen, you may still have a path to a green card. The process is long and challenging, but if this is the only way to fix your status, the sooner we start, the better.
Here’s how we work with you to build the strongest case possible and guide you through the three major steps:
Step 1: Proving Your Marriage is Real (I-130 Petition)
The first step is filing Form I-130 (Petition for Alien Relative) to prove that your marriage is genuine and not just for immigration purposes. USCIS will look closely at your relationship, so we need to provide strong evidence that you and your spouse share a real life together.
How We Work With You:
We speak with you and your spouse to determine what evidence you can gather quickly that proves your life as a married couple, such as:
- Photos together over the years
- Joint bank accounts, leases, or utility bills
- Joint tax returns
- Birth certificates of your children
- Insurance
- Messages, call logs, or letters showing your relationship over time
- Affidavits from friends and family confirming your marriage is real
Processing Time: 12+ months: Check Case Processing Times for I-130
Once your I-130 is approved, we move to the hardest part of the process—the I-601A waiver.
Step 2: Proving Your Spouse Will Suffer Without You (I-601A Waiver)
Because you entered without a visa, you must apply for an I-601A waiver, which is a special forgiveness request that shows your spouse or parent will suffer extreme hardship if you are not allowed to obtain legal status in the US.
What the 601A Waiver Covers – and What It Does NOT Cover
The I-601A waiver ONLY forgives your unlawful presence (meaning your one illegal entry and time spent in the U.S. without status).
It DOES NOT forgive:
- Criminal history or convictions (arrests, DUIs, theft, drug charges, etc.)
- Fraud or misrepresentation (if you ever used false documents, lied to immigration, or falsely claimed to be a U.S. citizen)
- Smuggling (if you helped someone else enter the U.S. illegally)
- Other immigration violations (such as prior deportations or multiple illegal entries)
Why Honesty Is Critical
If you have had any arrests, past fraud, or other legal issues, it is extremely important to be honest with your attorney from the start. If there are other problems in your immigration history, we need to know so we can help you figure out the best strategy before applying.
How We Work With You:
We help prove extreme hardship to your spouse by gathering evidence such as:
- Medical records: if your spouse or your spouse’s family members have health issues and depend on you for care
- Financial records: if your spouse would struggle without your income
- Mental health evaluations: to show how your separation would cause severe emotional distress
- Evidence of dangerous conditions in your home country: that would make it unsafe for your spouse to live there
We craft detailed affidavits for your spouse and supporting witnesses (family, doctors, employers, etc.) to explain in their own words why your spouse cannot live without you or move to your home country.
Processing Time: about 4 years: Check Case Processing Times for 601A
Once this waiver is approved, we move on to the final step.
Step 3: Consular Interview & Returning with a Green Card
After the waiver is approved, you will be scheduled to attend an interview at the U.S. embassy in your home country. You will be going for about 2-3 weeks to attend a medical exam and an interview. At the end of the process, you will receive an immigrant visa and can return to the U.S. as a lawful permanent resident (green card holder).
How We Prepare You for the Interview:
- We review possible interview questions to make sure you feel confident
- We double-check all your documents so there are no surprises
- We stay in touch while you are abroad to make sure everything goes smoothly
Processing Time: 1+ years after waiver approval
Why Start Now?
This process takes time. The sooner we begin, the sooner you can fix your status. Immigration laws and policies can change, so waiting could make things harder.
If this is the only way to fix your status, don’t wait any longer. We will work closely with you to build the strongest case possible and support you through every step.
Contact us today to get started!
Schedule an initial consultation!
