Spousal Petitions and Adjustment of Status

President Biden has announced a new Parole in Place program for spouses of U.S. citizens, who have been continuously present in the U.S. for more than 10 years and are married to a U.S. citizen on or before June 17, 2024 to allow them to apply for a Green Card, Lawful permanent Residence. This plan, by Executive Order of the President, will begin 8/19/24. It will allow those who qualify to file papers with USCIS for "parole in place", creating lawful status for their USC spouse to file additional USCIS forms to obtain a green card here in the U.S.

We anticipate a rush to file come next month. If you believe you qualify you can contact our office for a consultation regarding what you will need and how much this process will cost. We do not charge for a phone or in office consultation at each of our locations, Reno 775 826 2099 and Las Vegas, 775 836 9003.

There are several ways for a foreign national who is married to a U.S. citizen to enter the United States. One method is known as "consular processing" where the foreign national is interviewed at the U.S. consulate in his or her home country. Or the foreign national is approved for a fiancé visa and once entering the U.S. marries and the USC spouse petitions for lawful permanent residence. Another path is to apply for a K-3 Visa, which allows the immigrant spouse of an LPR or USC to live and work in the United States while awaiting approval of his or her Adjustment of Status to permanent residency.The K-3 Visa was created to alleviate the lengthy backlog of pending immigrant applications.

Barriers to Entry: previous unlawful presence in the United States, criminal history, and security concerns are among a variety of factors that can prevent the spouse of an LPR or a U.S. citizen from entering the country. Some of these factors can be waived; others cannot. You should consult an experienced immigration lawyer if you think you may be ineligible to enter the country.