My Green Card Journey

Natalia Hynes • July 10, 2021

Green Card based on Marriage 👰

      Under the current American Immigration System, there are three major paths to becoming a Lawful Permanent Resident, popularly known as a "Green Card Holder." One is: Family Ties. This means that a qualifying family member, such as a spouse, parent or child, sponsors your application. A second path is: Employment Ties. Meaning that your employer sponsors your application. And third is: Humanitarian Reasons. This is the least common of the three paths, and involves getting residence through a humanitarian immigration program, such as asylum or refugee status. This article explores the first path, obtaining a green card based through marriage, and is the story of my personal experience, getting my green card through marriage to my husband. 

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       Several years ago, I came to the United States on a student visa (F-1/I-20.) Along the way, I fell in love ❤ and married 💑 an extraordinary American gentleman. I always tell him, “Your species- gentlemen- are slowly becoming extinct.” Yes, honestly, a gentleman in all the sense of the word is so difficult to find nowadays. I was tremendously lucky.  After our marriage, we decided to stay and make our life here in the United States, so we consulted an immigration expert to find a way to obtain my “Green Card.” 


         Once my case was reviewed and analyzed, I was told that I was eligible to “adjust my status through my marriage.” Some of you might ask 🤔, “what does this mean, Adjustment of Status?”. For me too, this was the first time that I had heard that phrase. I looked it up in the Cambridge Dictionary and found, “Adjustment of Status is the process that you can use to apply for lawful permanent resident status when you are present in the United States.”  I soon learned about each step of the “Adjustment of Status” process, such as the preparation of forms, collection of documents, biometrics appointments, work permit, social security card, and the big one, the interview.


      After each part of the process was broken down, it was much easier for me to understand the whole immigration process. What follows is my own experience during each step of my immigration journey, if you are eligible for and considering this process, I hope that reading about my experience and breaking down each step helps you.   

1. Forms and Documents. 

Be prepared to answer millions of questions 😩, sometimes very personal questions; I had never answered so many questions in my life. Not even when I applied for a student visa at the American Embassy in Lima! My responses were used to complete more than five official forms which my attorney submitted to USCIS. The forms were packaged with some essential documents from my husband, myself and our attorney. The overall package was then filed with USCIS. A short while later, USCIS sent over “Receipt Notices’’ confirming that they had received my case and that it was in process.


One piece of advice 👍 If an immigration expert asks you a question or requests a document, please provide the information or document. There is always (let me emphasize, always) a legal reason behind his or her request. 

2. Biometrics Appointment. 

Months after receiving the Receipt Notices, I received notice of the biometrics appointment (this is where USCIS takes your fingerprints). As I was entering into the Application Support Center (ASC), my heart was beating so fast. This was my first contact with USCIS. After my fingerprints were taken, the officer sealed and signed the notice as evidence that I had attended the appointment.

3. Work Permit and Social Security Number. 

During the Lawful Permanent Resident process, some applicants have the option to apply for a work permit and social security number at the time they send in their adjustment application. I did not apply for this permit because I was a full-time student. Usually, the work permit arrives simultaneously with the Social Security Card. In my case, obviously, it did not. My attorney applied for my Social Security card after I had already obtained my green card (which is another option).

4. Preparation Meeting for the Interview. 

Finally, after months of waiting, I received notice that my case had been scheduled for an interview! Yay! 🤗 


    When I saw the interview notice, I had mixed feelings. On the one hand, I was thrilled to tears; on the other hand, my nerves were up to the sky.  Take it from me, the preparation you do with your attorney for the interview is vital to a successful case. The preparation is like drinking water in the middle of the Sahara Desert on a summer day. Do you get the idea? An expert will guide you meticulously on what would happen on the day of the interview and the multiple scenarios that can be presented; oh yes, there can be thousands of scenarios that only an immigration lawyer will know how to handle in your favor.


Additionally, keep in mind: the advice of an immigration expert has much more value than your friend’s comment on the subject (whether they have personally also been through the process or not). From a friend’s unique experience, you cannot – and should not- formulate a general rule. The immigration process is different for everyone. 

5. Interview. 

The night before the interview, to relax my nerves, I saw two films , "The Proposal" with Sandra Bullock and "Green Card" with Andie MacDowell. 

Both movies were very appropriate to be watching the night before my immigration interview and both are love stories, full of hope and promise; exactly the kind of mindset I wanted to be in before the big day ahead of me. Once I watched those films, I felt like I was ready. 


     From the moment my husband and I were called to be interviewed, I felt like I was under the officer's magnifying glass 😳 . I would say that the interview took 5 hours; however, my husband would immediately correct me (like any other husband in the world) and would remind me that the interview only lasted 30 minutes. The officer went over the forms and asked some specific questions about our home; then, he stood from his chair and, extending his hand, and said to me smiling, "Mrs. Hynes, welcome to the United States of America.” 😍 It was one of the happiest days of my life. Weeks after the interview, I received the famous “Green Card" via mail.  

         Some love stories, like mine, have happy endings, just like the movies - “The Proposal ” and “Green Card ”. If you have any questions or concerns about the Green Card based on marriage, please schedule a free intake with me. We look forward to helping you with your immigration case and hope that you too will find your happy ending! 👩


This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.


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Natalia Hynes

UPDATE: Federal Court Postpones DHS Rule Eliminating “Duration of Status” (D/S)

By Juliana LaMendola • September 22, 2026
On September 14, 2026, the U.S. District Court for the District of Massachusetts issued a nationwide preliminary injunction in Presidents' Alliance on Higher Education and Immigration v. U.S. Department of Homeland Security , halting the implementation of the Department of Homeland Security (DHS) final rule that was scheduled to eliminate “duration of status” (D/S) on September 15, 2026. As a result of this nationwide order, DHS is blocked from enforcing fixed periods of admission for F-1 students, J-1 exchange visitors, and I media representatives while the litigation moves forward. Because the current “duration of status” framework remains in full effect, F, J, and I visa holders are not required to file Form I-539 extension of stay applications to remain in valid status beyond program end dates at this time. Furthermore, restrictions on academic transfers, constraints on enrolling in second programs at the same degree level, 240-day caps on continued employment while extensions are pending, and shortened grace periods do not apply during the injunction. F-1 nonimmigrants retain the full 60-day post-completion grace period, and J-1 holders maintain their 30-day grace period. However, please note that this preliminary injunction is not a final ruling invalidating the rule , and a status conference is scheduled for October 2, 2026, to determine next steps in the litigation. Immediate Practice Tips: Inspect I-94 Travel Records Upon Reentry: F, J, and I visa holders currently admitted under D/S retain their status and should continue to be readmitted under D/S following international travel until the injunction is lifted. However, because the I-94 record controls legal stay, travelers must inspect their CBP-issued Form I-94 immediately upon reentry to confirm the "Admit Until Date" states "D/S" rather than a specific expiration date. If a specific date is mistakenly recorded, contact a local CPB Deferred Inspection Site. Notify HR and Review Workplace Compliance: Employers sponsoring F-1 or J-1 employees should inform HR and hiring managers that the September 15 fixed-period rule is postponed and standard D/S rules govern. This development does not alter standard filing windows or Form I-9 verification procedures for post-completion OPT or STEM OPT extensions.  Maintain Operational Readiness and Defer Unnecessary Filings: Visa holders and employers should defer travel or filing strategy decisions made solely in anticipation of the fixed-admission rule. Because DHS may appeal or the court could alter the timeline on short notice, institutions and visa holders should maintain readiness to adjust plans if implementation resumes. There are many evolving components to this litigation. If you are an F-1, J-1, or I visa holder, sponsoring institution, or employer, you should proactively coordinate with your international student office and legal counsel to protect your status and monitor upcoming court proceedings.

DHS Final Rule Eliminating “Duration of Status” (D/S): Practice Tips and Transition Procedures

By Juliana LaMendola • September 3, 2026
The Department of Homeland Security (DHS) published its final rule eliminating the longstanding "duration of status" (D/S) policy for F, J, and I visa holders, replacing it with a fixed period of admission effective September 15, 2026. This rule requires that those who need additional time to complete their programs must file Form I-539 with USCIS or travel abroad and seek to reenter to extend their authorized period of stay. F and J visa holders present in the U.S. and in valid status on September 15, 2026, will be allowed to remain in the United States until the Program End Date listed on their current Form I-20 (for F-1s) or Form DS-2019 (for J-1s), up to a maximum of four years (until September 15, 2030) plus a 60-day grace period for F-1s and a 30-day grace period for J-1s, without filing an Extension of Status request with USCIS. However, this safety net only applies while staying in the U.S.; international travel and subsequent reentry after September 15, 2026 will result in readmission under the new rule with an I-94 that expires on the Program End Date or Employment Authorization Document (EAD) expiration, but no later than four-years after their date of re-entry. Additionally, once re-admitted under the new rules, F-1s will only receive a 30-day grace period. Immediate Practice Tips: Any F-1 or J-1 nonimmigrant currently in the U.S. who plans to change programs, start a new degree level, or needs more time to complete their studies must work with their school or program sponsor to update their SEVIS record and receive an extended Form I-20 or DS-2019 before September 15, 2026. Eligible F-1 students should submit their post-completion OPT or STEM OPT work authorization applications (Form I-765) before September 15, 2026, to secure their status and drastically reduce the likelihood of needing a Form I-539 extension application. Any F-1 student who is eligible to apply for OPT or STEM OPT before March 18, 2027, should do so as soon as they are eligible to file their Form I-765. Since F-1s can file OPT applications up to 90 days in advance of graduation, F-1 students graduating before June 15,2027, should be able to file their OPT applications before March 18, 2027, and should do so to avoid also having to file Form I-539 to extend their stay. Thus, most F-1 students graduating in December 2026 and May/June 2027 should be able to take advantage of the transition rule’s delay in having to file Form I-539 applications and should only need to file Form I-765 to apply for OPT. Incoming F-1 and J-1 students who can enter the United States before the September 15, 2026 effective date (within the permissible 30-day window prior to their program start) should do so to benefit from the transition rules, including the full 60-day F-1 grace period and deferred extension requirements. Students (F-1 and J-1) who are planning international travel should return before the effective date if possible to preserve their transition benefits.  There are many parts of the rule that are not discussed here. If you are currently an F-1 or J-1 visa holder, you should proactively coordinate with your institutions and international office to protect your status and stay informed.

USCIS Issues Updated Guidance on Public Charge Rules

By Kris Quadros-Ragar • August 27, 2026
U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance detailing how officers will evaluate "public charge" inadmissibility for individuals applying for green cards through adjustment of status. This update follows a Department of Homeland Security (DHS) final rule that rescinds the 2022 public charge regulations. The new policy takes effect on September 18, 2026 , and applies to all green card applications (Form I-485) postmarked or submitted on or after that date. Who Is Subject to the Public Charge Rule? Most family-based and employment-based green card applicants will be subject to the public charge ground of inadmissibility. This includes spouses, children, and parents of U.S. citizens or legal permanent residents, as well as most employment visa preference categories, investors, and diversity visa applicants. Certain categories remain explicitly exempt under immigration law. These include: Asylees and refugees Victims of human trafficking (T visa) or crime (U visa) Violence Against Women Act (VAWA) self-petitioners Special Immigrant Juveniles Temporary Protected Status (TPS) applicants Certain military-related applicants and other designated humanitarian groups How USCIS Will Make Determinations USCIS officers will evaluate whether an applicant is likely to become a public charge by reviewing the totality of their circumstances on a case-by-case basis. Key factors include: Five Statutory Factors: Age, health, family status, assets/financial resources, and education or skills. Affidavit of Support: Submission of Form I-864 executed by a sponsor. Use of Public Benefits: USCIS will look at means-tested public benefits, such as cash assistance for income maintenance, housing assistance, food stamps (SNAP), or college financial aid. Note on timing: For benefits received before September 18, 2026, USCIS will only consider public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after September 18, 2026, the broader consideration of all listed means-tested benefits will apply. Public Charge Bonds If an officer determines that an applicant is inadmissible solely on public charge grounds, USCIS may issue a Notice of Intent to Deny that invites the applicant to post a public charge bond using Form I-945. If an invited applicant successfully posts the required cash or surety bond, USCIS may approve the application for permanent residence. Public charge bonds can only be submitted if explicitly invited by USCIS. Santos Lloyd Law Firm will continue to monitor immigration developments closely and provide updates as further implementation details are released. For more information, please access: https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-on-making-public-charge-inadmissibility-determination
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