Adjustment of Status - Time to get approved

[ABCinBK]

Would anyone know if retaining an immigration attorney would reduce the time it is taking for my wife to get her Adjustment of Status approved in order for her to get her Green Card?

 

We filed her Adjustment of Status in Sept 2001, and were told to expect her interview in 18-24 months in the INS region we reside in. She entered the USA on a K-1 visa.

 

I have since heard that those applying out of the California INS offices have gotten processed as quickly as 6 months. However, each office operates independently, and it is well known that INS offices in the southeast USA can be very slow.

 

Two professional collegues have been advised that an immigration attorney can get the Adjustment of Status processed within 3-6 months. One is an Indian national and the other a Jamaican national. I am wondering if anyone knows if a lawyer can really speed up the process?

 

ABC

[Grabii]

ABC,

 

I do not see any way that an attorney could speed up the amount of time any particular INS District Office takes to process a particular AOS case. To speed up a case it would have to be taken out of order. On what basis could an attorney accomplish that?

 

The only valid reason I know of for the INS to expedite an AOS case is when the applicant is in danger of 'aging out'. That is, when a K2 or K4 will turn 18 before the AOS can be completed if processed in the normal 1st come, 1st served, order.

 

I think you stated the situation very well in your post. That is the way it is, and it's the way it is with or without an attorney.

 

Your 1 benefit may be that if your wife is not granted her Permanent Resident status sooner than 24 months after your marriage, when she does get it it will not be with conditions. That is, she will not have to apply for removal of conditions 2 years after receiving Permanent Resident status, she will have a 10-year Green Card right from the start. So, if your wife is finally scheduled for her AOS interview only a month or two before your 2nd wedding anniversary (or more, up to you) you might want have a problem being available on that date and inquire about a postponement to a date just after your 2nd wedding anniversary.

 

Regards, JEff

[ABCinBK]

Jeff,

 

Thanks for the advice.

 

Are you saying there's a rule that says any "adjustment of status" approved 24 months or more after the initial application results in an automatic green card with no restrictions? Why is this?

 

This confuses me, as an AOS is followed by a conditional green card for 3 years normally, right? Then the conditions are removed after the 3 years expire. Why would the INS go and skip the 3 year restriction?

 

From what I've heard from my INS office, they are telling people to EXPECT to wait at least 2 years (24 months) before getting an interview. If everyone in this situation gets a 10 years non-conditional green card right away, there are lots of people with full green cards who've only been here less than 3 years now. It would seem to me the INS may get some flack from the government on this, as it totally defeats the purpose of the 3 year conditional period. It would be great for my wife and me though, as then there would be no real worries about how long she's out of the USA ---- the only time this could ever become an issue again is when she goes for citizenship, and she could chose to just stay as a perm. resident forever, right? I know of a Spanish friend who's father has done just that, because he is actively trying to AVOID being a US citizen.

 

 

ABC

 

[Grabii]

ABC,

 

Yes, there is a 'rule' (don't know whether it's law or policy), that if Permanent Residence status is approved more than 2 years after the marriage there are no conditions attached. If it's approved less than 2 years after the marriage there are conditions and the person must apply to remove those conditions in ... 2 years. Do you see the commonality here? It's weak, I agree, but there's a magic number at work.

 

The 3 years you're talking about has nothing to do with the conditions on Permanent Residence. I expect what you're referring to is time to eligibility for citizenship. A Permanent Resident becomes eligible for citizenship 5 years after having been approved to be a Permanent Resident. EXCEPT ... a Permanent Resident on the basis of marriage to a US citizen becomes eligible for citizenship in 3 years, not 5.

 

Notice that this time is based on Permanent Resident status only - nothing to do with conditions. A Permanent Resident is a Permanent Resident, conditions or no conditions. It is not common, but it is not unknown, either, for a person to become a citizen before the conditions on their Permanent Residence status have been removed because of the time some District Offices take to process the removal application!

 

Regards, JEff