Disclaimer: We assist with federal U.S. immigration (USCIS) matters only. Attorney Scott A. Maki is licensed in Minnesota only and cannot assist with state-law matters in any other state, including North Dakota.
Answers to the questions families ask most about sponsoring a relative for a green card, marriage-based green cards, and applying for U.S. citizenship (naturalization). See also our immigration terms glossary and flat fees. For more guidance, consult the Family Immigration FAQ to understand eligibility, timelines, and required documentation.
Family petitions and family-based green cards
How do I sponsor a family member for a green card?
You start by filing Form I-130, Petition for Alien Relative. A U.S. citizen can petition for a spouse, children (married or unmarried), parents (if the citizen is at least 21), and brothers and sisters (if the citizen is at least 21). A green card holder can petition for a spouse and unmarried children.
How long does a family-based green card take?
“Immediate relatives” of U.S. citizens (spouses, unmarried children under 21, and parents) are not subject to annual limits. Other family categories have yearly limits, so they wait for a visa number. The wait depends on the category and country and is published each month in the Visa Bulletin.
Can I file Form I-130 and I-485 together (concurrent filing)?
Often, yes. If a visa is immediately available and the relative is in the U.S. and eligible to adjust status, Form I-130 and Form I-485 can usually be filed at the same time. Whether this works in your case depends on details like how the person entered the country.
What is the Affidavit of Support (Form I-864)?
Most family-based green cards require the petitioner to sign Form I-864, promising to financially support the immigrant. The petitioner must meet an income requirement or add a joint sponsor.
Can I work or travel while my green card application is pending?
Applicants who file Form I-485 can request a work permit (Form I-765) and travel permission (advance parole, Form I-131). Leaving the U.S. without advance parole can cause the green card application to be treated as abandoned, so talk to us before any travel.
How do I remove conditions on a 2-year marriage green card (Form I-751)?
If you had been married less than two years when your green card was approved, you received conditional residence. You generally must file Form I-751 during the 90 days before the card expires to remove the conditions.
U.S. citizenship and naturalization (Form N-400)
When can I apply for U.S. citizenship?
Most green card holders can apply after 5 years of permanent residence, or after 3 years if they have been married to and living with a U.S. citizen. You may file up to 90 days before reaching that date. You also need continuous residence, physical presence, and good moral character, and must pass English and civics tests unless an exception applies.
Can applying for citizenship cause problems?
Yes. Past arrests, long trips abroad, tax issues, or problems in how the green card was obtained can create serious risks. Have a lawyer review your history before you file.
USCIS processing times, RFEs, and address changes
How long is USCIS taking to process my case?
Processing times vary by form and USCIS office and change often. Check current estimates on the USCIS processing times page.
What should I do if USCIS sends a Request for Evidence (RFE)?
Read it carefully and note the deadline. An RFE means USCIS needs more information before deciding. A complete, well-organized response matters; we can help prepare it.
How do I change my address with USCIS?
Yes. Most non-citizens must report a new address within 10 days using the USCIS change of address tool.
This page provides general information, not legal advice. Every case is different.
Questions about your situation? Contact us to schedule a consultation.