Marrying a U.S. citizen opens the door to obtaining permanent residence (a green card). However, the process is not always simple, and every case must meet very specific requirements. In this blog, we explain clearly the ways an immigrant can obtain residence through marriage, what happens if you must leave the country, and how an experienced attorney can make the difference.
The Two Main Paths to a Marriage-Based Green Card
There are two ways to obtain residence when you are married to a U.S. citizen:
- Adjustment of Status inside the United States: Complete the process without leaving the country.
- Consular Processing abroad: Leave for your country of origin and obtain residence through the U.S. consulate.
Although many prefer to complete the process inside the country, this is not always possible. Eligibility depends on your immigration history and personal circumstances.
Who Can Adjust Status Inside the United States
To qualify and avoid leaving the country, you generally must meet one of these three conditions:
- Legal entry: You entered with a valid visa (tourist, student, parole such as CBP One, or a humanitarian program).
- Petition before April 30, 2001 (Section 245(i) of the law): If someone petitioned for you or your parents before that date, you may qualify.
- Spouse or child in the U.S. Armed Forces: Active military or veterans can grant special immigration benefits to their family members.
If you meet one of these criteria, your case can be resolved inside the United States. If not, you must consider consular processing.
Consular Processing: Ciudad Juárez and Other Consulates
When the immigrant does not qualify to adjust status inside the country, they must leave the United States.
- For Mexicans, the process is done in Ciudad Juárez, the only consulate that handles these cases.
- For immigrants from other countries, the interview is at the U.S. consulate in their country of citizenship.
This process takes place in three steps:
- Family Petition (Form I-130) – Takes about 18 months.
- Waiver for Unlawful Presence (Form I-601A) – Required if you have accrued undocumented time in the U.S. Currently, it can take more than 32 months.
- Consular Interview and Medical Exam – The immigrant attends the interview at the consulate. If everything is approved, the immigrant receives the passport with the permanent resident visa.
Although many families fear the process in Ciudad Juárez, with proper preparation and an experienced attorney, the risk can be reduced and the chances of success increased.
Risks and Possible Reasons for Denial
Certain factors can complicate or prevent the immigrant’s return after the consular interview:
- Positive medical exam for drugs
- Tattoos related to gangs or organized crime
- Serious criminal records
- Multiple illegal entries into the United States
- Having helped other immigrants enter the country unlawfully
In some of these situations, it is still possible to request additional waivers, but this can extend the time outside the United States from a few weeks to 18 months or more.
Why It Is Essential to Have an Attorney
Each case is unique, and what works for one family may not work for another. An experienced attorney can help you:
- Review your immigration history before starting the process
- Determine whether you can adjust status inside the United States or if you must leave
- Prepare you for the waiver and the consular interview
- Avoid mistakes that could cost you years of waiting or even a denial
At The Cruz Law Office, Attorney Narciso Cruz understands what is at stake: family unity, peace of mind, and your future in this country. Our team provides complete preparation to guide you step by step through this process.
Conclusion: The American Dream Deserves Protection
Obtaining residence through marriage is not a simple procedure: it requires preparation, patience, and legal strategy. But with the right help, your dream of living legally in the United States with your family can become reality.
Do not risk your future with avoidable mistakes. Call 877-619-8472 today and schedule your consultation with The Cruz Law Office. We are here to defend your family and help you achieve the American dream.
Frequently Asked Questions
Adjustment of status inside the United States or consular processing abroad.
Those who entered legally with a valid visa or parole, those covered by a petition filed before April 30, 2001 under Section 245(i), or those whose spouse or child is an active member or veteran of the U.S. Armed Forces.
You must complete consular processing in your country of citizenship—Mexican applicants go to Ciudad Juárez—to obtain residence.
Typically about 18 months for the family petition, 32 months or more for the unlawful presence waiver, and then the final consular interview and medical exam.
A positive drug test at the medical exam, tattoos linked to gangs or organized crime, serious criminal history, multiple illegal entries, or helping other immigrants enter unlawfully.
In some cases yes, but it can extend the time abroad from a few weeks to as much as 18 months or more.
Because each case is different, and an experienced attorney can review your history, determine the correct process, prepare you for the waiver and consular interview, and avoid costly mistakes.
They provide a full review of your case, guidance for waivers, and complete preparation for both adjustment of status and consular processing to protect your family and future.
Call 877-619-8472 today to schedule a consultation with The Cruz Law Office and begin your marriage-based green card process.