Nassau County Green Card Residency LawyerS

Serving Nassau, Suffolk, & Queens

Our Experienced Attorneys & Staff Can Assist You with Preparing and Filing

  • Adjustment of status applications
  • Representation at “Stokes” interviews
  • An application to remove conditions on their residency through form I-751, a process that is required when a conditional residency is received
  • Petitions for family members who reside abroad, through consular process
  • Fiancé /fiancée petitions for K-1 visa
  • Motion to Reopen/Reconsider and Appeals to U.S.C.I.S./ A.A.O.

Our firm has helped many individuals adjust their status and obtain their green cards, even those with complicated immigration histories or criminal convictions. Call today at (516) 550-5323 or contact us online. Consultations and payment plans are available.

Experience You Can Trust
WE HELP KEEP Families Together. Call today at (516) 550-5323 to set up a consultation. Hablamos Español.

Consular Process (Green Card Outside U.S.)

When you want to petition a family member who resides outside the U.S., the process of petitioning that family member is called consular processing. After you file a relative peition for your family member with U.S.C.I.S., and the visa is or becomes available, then the petition is forwarded to the Department of State – National Visa Center (“NVC”). At the NVC, certain forms, such as the DS-260, visa application, and affidavit of support, must be filed along with the required civil and financial documents in support of the case. Dealing first with the NVC, and the U.S. Consulate post abroad for your family members' interview, can be very frustrating. We can help ensure you submit the proper documentation and so help prevent unnecessary delays in your case and ensure you can reunite with your family members.

Adjustment of Status (Green Card Inside U.S.)

Adjustment of status is the process by which someone who has been lawfully admitted to the United States – even if they are currently out of status – applies to become a lawful permanent resident of the United States, or a “green card” holder. Generally, you must have an immediate relative who can petition for you, i.e. a U.S. citizen spouse, U.S. citizen parent, or a U.S. citizen child over the age of 21.

In every case, the petitioner must demonstrate they are financially able to support the beneficiary.  If the application is based upon marriage, they must demonstrate their marriage was entered into in good faith, i.e., that it is “bona fide”, and not a “sham” marriage entered into solely to obtain a green card.  If the interviewing officer has doubts regarding the validity of the marriage, the parties will be subjected to a second interview, known as a “Stokes” interview, where they will be separately questioned, in-depth, about their marriage.

You can also apply for adjustment of status, to become a lawful permanent resident, if you have been granted asylum in the U.S., or refugee status, and have resided in the U.S. for at least one year before filing your green card application.

Removal of Conditions, Form I-751

If you obtain a conditional green card, generally granted based on marriage, which is valid for only two years, you are required to apply to remove the conditions on your green card within 90 days of the expiration date. This process is done through form I-751.

Commonly Asked Questions

Who is eligible to apply for adjustment of status?

Eligibility for adjustment of status generally includes those who have an immediate U.S. citizen relative, such as a spouse, parent, or child over 21, who can petition for them. Additionally, individuals who have been granted asylum or refugee status in the U.S. and have resided in the country for at least one year can apply for adjustment of status to become lawful permanent residents.

What is a 'Stokes' interview and when is it required?

A 'Stokes' interview is an in-depth, separate interview for both parties in a marriage when an immigration officer has doubts about the marriage's validity during the green card application process. This interview is designed to uncover whether the marriage is bona fide or a sham entered into solely for immigration benefits. The couple will be questioned separately about various aspects of their marriage to ensure its legitimacy.

What are the conditions for a conditional green card based on marriage?

A conditional green card based on marriage is valid for two years and is granted to ensure that the marriage is not solely for the purpose of obtaining immigration benefits. The green card holder must apply to remove the conditions on their residency within 90 days before the card expires using Form I-751. This involves proving that the marriage was entered in good faith and continues to be a genuine union.

Our Clients Love Us!

They really care for their clients and their families and they take on some of the most difficult cases I have seen and have been successful.

- Monica P.
  • Avvo Clients' Choice 2022
  • Super Lawyers
  • Practitioner of the Year 2013 by Nassau County Criminal Courts Bar Association
  • Community Advocate of the Year 2011 by Long Island Hispanic Chamber of Commerce
  • Pro Bono Attorney of the Year 1996 by Central American Refugee Center

Providing legal services to immigrants and their families throughout Nassau County.

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