If a person who is not a citizen or a lawful permanent resident marries a citizen, he or she has the same legal status as before. However, that person then becomes eligible to immediately seek to become a lawful permanent resident. As a permanent resident, that person will have most of the rights and privileges of a U.S. citizen, and will be eligible for naturalization after five years.

There are an unlimited number of immigrant visas (“green cards”) available to the spouses of U.S. citizens, meaning there is no wait time to apply for permanent residence. An attorney can assist a spouse in completing all necessary steps to either register as a permanent resident or adjust his or her status if he or she is in the Houston area pursuant to a lawful entry. If a spouse is seeking permanent residence from outside the United States, he/she may apply for and receive an immigrant visa, which will allow them to become a permanent resident upon entering the country.

If a person who is not a citizen or permanent resident marries a lawful permanent resident, then the permanent resident can sponsor the spouse for a green card. Spouses of lawful permanent residents must have entered the United States legally and maintain lawful nonimmigrant status through the date of filing their application for residence. There are a limited number of visas available for these people, however, and the wait may be months or even years, depending on what country the spouse is coming from and the current processing times for their particular category.

If, however, the permanent resident spouse becomes a citizen, then the spouse is eligible for one of the unlimited visas.