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ALLAN WERNICK: How to get a green card for your foreign-born partner

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Q. How do I start the process of getting my partner a green card? I am Puerto Rican and my partner is Mexican. We have been together for many years, and he and I want to spend our lives together.

Maribel, Puerto Rico

A. The first step is to get married. Then, how you start the process depends on how your partner last entered the United States or Puerto Rico, a territory of the United States.

If he came to Puerto Rico on a nonimmigrant visa, other than a transit or crew member visa, he could apply to interview where you live, the process called adjustment of status. He files U.S. Citizenship and Immigration Services form I-485, Application to Register Permanent Residence or Adjust Status, along with your petition, USCIS form I-130, Petition for Alien Relative.

If he last entered without speaking to an immigration officer, you start the process by filing USCIS form I-130. He’ll have to return to Mexico for his immigrant visa interview. This will involve complications and risks, but with good legal help, he has a good chance of getting his green card.

Q. What can I do to help get my fiancé’s parents here from Mexico for our wedding? My fiancé is from Mexico. I am an American citizen. We’re getting married soon and we would like his parents and other family members to come here for the wedding. We worry that they won’t be able to get visitor visas.

Name withheld, Queens

A. To get visitors’ visas, the family will need to convince a U.S. consular officer that they are not intending immigrants — that they plan to return to Mexico when their visit is over. They will need to show strong ties to Mexico, such as good jobs or a home or business. You can help by sending them a wedding invitation with detailed plans for their visit.

If they are working, they should bring letters from their employers. If your fiancé’s family members can show a stable and prosperous life in Mexico, they have a good chance of getting visitors’ visas. If they are just getting by, the U.S. Consul probably will deny their visa applications on the thinking that they are unlikely to return to Mexico after their visit.

Allan Wernick is an attorney and Senior Legal Advisor to City University of New York’s Citizenship Now! project. Email questions and comments @allanwernick.com. Follow him on Twitter @awernick.

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Allan Wernick

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