By Samantha Lugo | slugo@norsanmedia.com

Family-based immigration is one of the most common pathways to obtaining permanent residency in the United States. For lawful permanent residents, commonly known as green card holders, U.S. immigration law allows them to sponsor their spouse for permanent residency. However, the process may vary depending on how the husband or wife entered the country.

During the radio program “The Truth About the Law,” attorney Stefan Latorre explained that the key starting point is the authenticity of the relationship.

“As long as it is a legitimate marriage, a marriage based on love, he should be able to help you obtain permanent residency,” Latorre said while responding to a listener who planned to marry a lawful permanent resident.

He also clarified that a permanent resident may begin the immigration process for a spouse even if that person has another pending immigration matter, such as an asylum case.

Entry Into the United States

When a spouse entered the United States legally, meaning with a valid visa and official admission, it may be possible to apply for an adjustment of status within the country, provided all legal requirements are met and a visa is available.

On the other hand, if the spouse entered the country without authorization, the process may still be possible, but it is generally more complex and can take longer.

The Process

According to U.S. Citizenship and Immigration Services (USCIS), a lawful permanent resident may file Form I-130, Petition for Alien Relative, on behalf of a spouse. However, individuals who entered the United States without inspection are generally required to complete the process through consular processing outside the country. This can involve lengthy waiting periods and, in some cases, the need to apply for immigration waivers.

For these reasons, immigration experts recommend consulting with an experienced immigration attorney before starting any application process to ensure that every case is properly evaluated and the most appropriate strategy is followed.