A recent decision on the part of U.S. Citizenship and Immigration Services (USCIS) will provide added help for immigrants who have attained legal status through marriage or through entrepreneurship. Essentially, the change in policy extends legal status for these immigrants for an additional two years beyond the two-year initial period. This change is necessary because of excessive and chronic delays that have pushed many of the necessary appointments and interviews later than the date on which their temporary legal status is set to expire.
The Permanent Residency Process
Immigrants who marry U.S. citizens are typically eligible for permanent residency or green cards that will allow them to remain in the United States legally. Federal law requires that this status be conferred on a conditional basis during the first two years, after which the case is evaluated and an interview is conducted by an immigration officer to ensure that the marriage is valid. Delays in the processing of these cases, however, have created issues in which immigrants married to U.S. citizens may be of uncertain legal status until they can finally have that long-awaited appointment with an immigration official. The new policy also applies to those who acquired a green card through the entrepreneurship program.
Immigrants who have filed Form I-751, which is also referred to as the Petition to Remove Conditions on Residence,” will receive 24 months of additional legal status to allow the USCIS to catch up with its caseload. Investors who have filed Form I-829, also known as the Petition by Investor to Remove Conditions, will also have an added two years of time to complete their interactions with the USCIS and to adjust their legal status to allow for permanent residency in the United States.
New Rule Applies to Pending and New Applications
While the new rule by USCIS will be automatically applied to all applications that were submitted after September 4, 2021, those who properly filled out and filed Form I-829 or Form I-751 prior to that date and who have pending applications with USCIS will also receive the two-year extension for their legal residency in the United States. These individuals will receive new receipt notices indicating the additional time allotted for completing their immigration interviews and being granted permanent residency status.
Working With a Miami Green Card Attorney
For many immigrants, navigating the U.S. immigration system can be challenging. Enlisting the assistance of a Miami green card attorney can often provide added clarity and help in filing forms properly and in managing applications for temporary or permanent legal residency. Your Miami immigration lawyer will work with you to determine the best course of action and the right avenue for achieving legal status in the United States. This can help you to manage your immigration status to prevent issues that could affect your future in Miami or elsewhere in the state of Florida.
At Pozo Goldstein, we offer legal representation that is tailored to the needs of our clients. If you need a qualified and knowledgeable Miami green card attorney, give our office a call today at 305-856-0400 to schedule a case evaluation with our team. We look forward to the opportunity to work with you.