New York Immigration Blog

Family immigration is one of the most popular means for foreign citizens to legally live in New York or another part of the United States. When an American marries a foreign national, both spouses often hope to live together as quickly as possible. However, spouses may face serious delays when dealing with the immigration system. A congressional hearing on immigration delays and processing times identified spousal sponsorships as a particular area of concern needing action. The U.S. Citizenship and Immigration Service, or USCIS, publishes average processing times, but these may obscure the lengthy delays that can accompany the process.

The U.S. citizen spouse will file an I-130 petition to begin the spousal sponsorship process. While this type of application may take around five months to be approved, as noted on the USCIS website, that is only the beginning of the journey. After the I-130 approval, foreign spouses living in the U.S. will need to apply to adjust their status and receive a green card. This process can take months as can receiving a work permit. As a result, families may face higher costs and experience lower income throughout the family immigration process.

Foreign nationals living in New York who wish to become U.S. citizens through the process of naturalization must fulfill several requirements. They must be at least 18 years old, and there is a requirement to demonstrate a good knowledge of English and pass a civics test although these may be waived for elderly applicants who are permanent residents. These requirements might also be waived for people with certain mental conditions. Applicants must possess an I-551.

Some criminal convictions committed after Nov. 28, 1990 will disqualify people from naturalization. The person must have resided in the United States for 30 months of the five years prior to the application and must have shown what is called "good moral character" in those five years. People married to U.S. citizens must demonstrate this for three years, and there may be military exceptions of just one year for some people.

Foreign nationals in New York who have been waiting years for a family- or employment-based green card could be sent to the back of the line or made ineligible altogether under a proposed Trump administration policy. The new policy, which must be rewritten into legislative language and approved by Congress, would eliminate the current backlog for green cards and force everyone to reapply under a new points-based systems.

While wait times could be reduced for some, there is no guarantee that all foreign nationals waiting for green cards would have enough points under the proposed system. The administration has said those already waiting would receive points, but no new details have been released about this. Most family immigration categories will be eliminated, and it is anticipated that Democrats will oppose the proposal when it reaches Congress.

The U.S. is a much sought after destination for highly skilled workers looking for career and professional opportunities. What options do highly-educated foreign nationals have for getting authorization to live and work in the U.S.?