Niles Lang

One who marries an American citizen after having entered the country legally (with either a visa or parole) – even having violated the terms of the stay – may qualify for adjustment of status in the United States.

 

Both traditional and same sex couples are eligible for this benefit. But the marriage must be legitimate.

 

To be “legitimate” one who may have been previously married must show termination of the prior marital relationship. This may be with a Divorce Decree or a Certificate of Death.

 

Questions remain whether one who had married an individual of the opposite sex and obtained the green card and thereafter US Citizenship, may then be able to remarry, this time a partner of the same sex. Certainly, both marriages will be called into question and such an applicant will most assuredly require the services of competent counsel.

 

While one is awaiting the adjustment interview, s/he applies for the work permit. This will be necessary to secure a valid social security number, open a joint bank account and obtain a driver’s license with the current marital residence…in advance of and in preparation for the interview. The work permit is generally valid for up to two years…in the event the interview and/or green card is delayed for whatever reason.