Green Cards & Visas - Law Offices of S. Ouya Maina in Berkeley, CA

Green card applications can be delayed or denied due to missing documentation, errors in forms, failure to attend interviews, or insufficient evidence of eligibility. Additionally, criminal records, prior immigration violations, or health-related grounds can trigger denials. Many clients are unaware that even minor oversights—like a mismatched date on a form—can cause months of delay. Our office thoroughly reviews each case, ensuring documents are complete and accurate before submission, and we stay involved through each stage to reduce avoidable setbacks.

Processing times vary depending on the visa category, country of origin, USCIS backlogs, and whether the application is family- or employment-based. For example, immediate relatives of U.S. citizens typically see faster approval than siblings of citizens or employment-based applicants. Factors like Requests for Evidence (RFEs), consular processing delays, or changing immigration policies can also affect timelines. At our firm, we help set realistic expectations and proactively monitor your case to keep it moving forward.

Yes, but it requires a specific legal strategy and careful timing. Transitioning from a temporary visa to permanent residency is known as “adjustment of status.” Not all nonimmigrant visas allow dual intent, and staying in the U.S. while your green card is processing can present risks if improperly handled. We evaluate your current visa status, future plans, and eligibility criteria to create a customized pathway for your green card transition while minimizing legal exposure.

Adjustment of status allows eligible applicants already in the U.S. to apply for a green card without leaving the country. Consular processing requires the applicant to return to their home country and complete the process at a U.S. embassy or consulate. Both have advantages and risks. Adjustment of status avoids international travel, but consular processing may be faster for some cases. Our office assesses which route offers the best chance of success based on your specific circumstances.

If your visa is expiring, but your green card application is in process, you may qualify for a work permit (EAD) and travel document (Advance Parole). These help bridge the gap while you wait. Filing for these alongside your green card (Form I-485) is common. However, unauthorized presence can jeopardize your case. We work quickly to secure lawful status continuity and file the proper documentation so that you’re not left in a legal gray area.

Yes, but only if you obtain an Employment Authorization Document (EAD). Applying for an EAD along with your adjustment of status is crucial if your current work visa is expiring. Many assume applying for a green card automatically allows them to work, which isn’t true. We ensure that clients understand when and how they can work legally and help expedite EAD filings when necessary.

Marriage to a U.S. citizen can be a legitimate pathway to a green card, but it must be entered into in good faith. Immigration authorities are strict about marriage fraud. If you marry while on a visa like F-1 or B-2, timing and intent are crucial. Applying too soon after arrival may raise red flags. We guide couples through the process to avoid complications and prepare them for the interview, which is often where red flags can surface.

Choosing the wrong visa type can waste months and jeopardize your status. Factors like your profession, purpose for coming to the U.S., family ties, and long-term goals all impact the ideal visa choice. For instance, a skilled worker might qualify for an H-1B, but an O-1 or EB-2 NIW might be better long-term. Our office carefully reviews your background and plans to recommend the most strategic visa route to meet your immigration goals.

Beyond the right to live and work permanently in the U.S., green card holders gain access to benefits like easier travel, sponsorship of family members, access to public education and financial aid, and eligibility for certain government jobs. You can also apply for U.S. citizenship after a few years. Many of our clients are surprised at how much more stability and opportunity a green card offers, especially in employment and long-term planning.

Immigration policies shift frequently due to changes in leadership, court rulings, or global events. This unpredictability affects quotas, processing priorities, and enforcement. For instance, travel bans or changes to public charge rules have significantly altered the outcomes of visa applications in recent years. Our firm stays on top of these developments and adjusts your strategy accordingly—ensuring your case reflects the most current legal landscape.