Ripley, TN asked in Immigration Law for Illinois

Q: I am a US citizen, how long would it take to get a green card for my wife who has over stayed her visa?

We are planning to move to Chicago and needed to know how long it would take to process her green card from there.

Related Topics:
2 Lawyer Answers
Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: A US citizen can sponsor his foreign national spouse despite that she overstayed her visa and provided no grounds of inadmissibility otherwise exist (ie crimes, etc). The current processing time is taking at least one year from the time of filing and most likely a wee bit longer due to the covid crisis. Hope that helps.

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: The USCIS provides a processing time range at www.uscis.gov, but processing can take longer. Sometimes, more evidence is requested by USCIS or the application and petitions are denied before an interview is even scheduled. It is always wise to have matters reasonably reviewed before filing. It is unclear whether disqualification other than criminal background may exist.

The current processing range for Chicago, Illinois is 7 to 29 months. That means that you cannot complain to USCIS until 29 months have elapsed and/or you've already had an interview. How to complain about the delay can vary depending upon the knowledge of which resources to seek within the USCIS. Also, whether those resources have enough staff to look into the matter or must delay action given the adjudicator's or official's case load.

As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complication. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.