Obtaining a green card through marriage to a U.S. citizen is a common pathway for many immigrants. However, when the U.S. citizen spouse is incarcerated, the already complicated process becomes significantly more complex.
Here is what immigrants should know about green cards when married or engaged to an imprisoned American.
Understanding the basics
A spouse-based green card allows the foreign spouse of a U.S. citizen to live and work legally in the United States. Unfortunately, it can prove difficult and you could face an array of challenges, including the following:
- Limited communication: Maintaining contact with the inmate can be difficult, complicating the collection of necessary documents and information.
- Legal obstacles: Depending on the nature of their crime, the inmate may face legal issues that affect their ability to sponsor an intended spouse.
- Financial constraints: Legal fees, prison visitation expenses and other costs can strain the couple’s finances.
A joint sponsor may be needed if the incarcerated spouse cannot meet the financial requirements.
Initiating the process
To start the green card application process, you must meet a number of eligibility requirements, including the following:
- Marriage legitimacy: The current or intended marriage must be valid, and both parties must intend to establish an enduring life together.
- Inmate citizenship: The incarcerated spouse must be a U.S. citizen and willing and able to support the application.
- No inadmissibility issues: The person seeking a green card must not have any issues that make them inadmissible, such as convictions or immigration violations.
A legal representative who understands Florida immigration challenges can offer invaluable legal support in getting your lawful permanent residency card.