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.


Natalia Hynes

USCIS Gender Policy Shift Raises Concerns for Asylum Applicants Based on Gender Identity

By Angelica Rice • April 17, 2025
On March 31, 2024, U.S. Citizenship and Immigration Services (USCIS) implemented a policy update that limits gender marker selections on all immigration forms and systems to two biological sexes: male and female. This change eliminates the option for applicants to select a non-binary or “X” gender marker—an option that had previously been permitted on some forms. While USCIS emphasizes that this update does not change who qualifies for immigration benefits, it may significantly impact how certain applications—particularly asylum claims based on gender identity-related persecution—are understood and evaluated. What Has Changed? Under the revised policy, applicants may now only choose “Male” or “Female” when completing USCIS forms. The ability to select a non-binary or third-gender option is no longer available. Applicants may still request to change their gender marker with USCIS, but only within the male/female binary. Supporting documentation, such as medical or legal records, is not required to make the change. This means that transgender individuals can still align their gender marker with their identity—if it falls within the two binary categories—but non-binary individuals are no longer represented. The change follows guidance issued by the federal Office of Management and Budget (OMB), which called for greater consistency in the collection of sex and gender data across federal agencies. Impact on Asylum Applicants This policy update is especially important for individuals applying for asylum based on persecution related to their gender identity. Under U.S. immigration law, asylum is available to people who have suffered persecution—or fear future persecution—based on their membership in a “particular social group.” This includes people targeted for being transgender, gender non-conforming, or otherwise not aligning with socially expected gender roles in their home country. Although the legal standard for asylum remains unchanged, the removal of the non-binary gender marker could make it harder for some applicants to clearly present and document their identity. In asylum cases, credibility and clarity are crucial. The ability to accurately reflect one’s gender identity on official forms can play an important role in establishing the foundation of a persecution claim. Now, applicants who identify as non-binary or outside the traditional male/female categories may be forced to select a gender that does not align with their lived experience. This could lead to confusion in their case file or require additional explanation during interviews or hearings. This policy could weaken the strength of some asylum claims—not because the underlying facts have changed, but because the official forms now fail to reflect the applicant’s true identity. For example: A non-binary person applying for asylum after being targeted in their home country may now have to select “Male” or “Female” on their asylum application, despite not identifying as either. This mismatch may lead adjudicators to question the applicant’s identity, possibly weakening the strength of the claim or requiring added clarification and documentation. In defensive asylum cases—where applicants are in removal proceedings—such inconsistencies could create unnecessary hurdles and complicate the evidentiary presentation. What Can Applicants Do? Despite the change, individuals can still pursue asylum based on gender identity. The underlying eligibility criteria remain the same. However, applicants should be prepared to clearly explain any differences between their stated identity and the gender marker required on USCIS forms. Applicants are encouraged to: Include a personal declaration explaining their gender identity in detail and how it relates to their fear of persecution. Provide evidence such as affidavits, country condition reports, or expert testimony that supports the claim. Work with an experienced immigration attorney who can help present the claim effectively and prepare for any questions that might arise from the new form limitations. The new USCIS policy on gender markers may seem like a technical update, but for asylum seekers fleeing gender-based persecution, it has real implications. While individuals are still legally eligible to seek protection, the limitation to binary gender options could make it more difficult to fully and clearly present their case.  If you or someone you know is facing immigration challenges related to gender identity—or is concerned about how this policy may impact an asylum claim—please contact Santos Lloyd Law Firm to schedule a consultation with one of our experienced immigration attorneys. We’re here to help ensure your voice is heard and your case is handled with the care and expertise it deserves.

Extreme Vetting – What Is It and What Are the Impacts?

By Santos Lloyd Law Team • April 10, 2025
In 2025, the immigration landscape continues to shift under the weight of national security concerns, ushered in by Executive Order “ Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats. ” This directive tasks federal agencies—including the U.S. Department of State—with implementing enhanced screening and vetting protocols for all foreign nationals seeking visas or other immigration benefits. The result? A dramatically intensified vetting process, along with mounting concerns from immigrants, attorneys, and civil liberties advocates alike. Traditionally, airport security focused on verifying travel documents and screening for prohibited items, while consular officers assessed the legitimacy of visa petitions and the admissibility of applicants. Extreme vetting, however, represents a significant shift toward a far more invasive and comprehensive investigative process. It now includes detailed background checks, biometric verification, digital forensics, and expansive scrutiny of an applicant’s online presence and criminal or financial records. Since President Trump’s second term began in January 2025, the implementation of extreme vetting has expanded rapidly. Today, border screenings go far beyond routine document checks, encompassing a full-scale evaluation of a traveler’s digital life. This pivot reflects the administration’s intensified focus on national security, but it has also triggered urgent discussions about privacy, due process, and the fairness of modern immigration enforcement. At U.S. ports of entry—especially airports—noncitizens are now subject to rigorous and invasive procedures, including: Inspection of cell phones, laptops, and other devices (including deleted content) Review of social media activity on platforms like TikTok, Instagram, and X (formerly Twitter) Biometric scanning, including fingerprinting and facial recognition These measures are no longer confined to travelers from high-risk countries. In practice, extreme vetting applies broadly across all nationalities, and increasingly affects lawful permanent residents as well. For noncitizens, this new landscape introduces a heightened level of uncertainty and vulnerability. Delays at U.S. consulates for visa issuance or renewal are becoming routine. Travelers must now be acutely aware of these changes, and those attending consular interviews or seeking visa renewals should be prepared to provide additional documentation verifying their maintenance of status, compliance with visa conditions, and the bona fide nature of their visa applications. It is critical to organize supporting materials in advance and be ready to answer questions about employment, education, travel history, and online activity. As the U.S. government continues to expand its use of data-driven risk assessment tools, travelers must adapt to a new normal, one where preparation is essential to navigating the immigration system without disruption.

Trading with the U.S.? You Might Qualify for a Visa

By Shirin Navabi • April 3, 2025
For international business owners and entrepreneurs engaged in cross-border trade with the United States , the opportunity to expand operations and establish a physical presence in the U.S. may be more accessible than expected. The E-1 Treaty Trader Visa is specifically designed to facilitate this type of business activity and offers a strategic pathway for qualifying individuals to live and work in the United States while managing or developing trade relationships. While 2025 has brought a trend of changes in immigration policy, the E-1 visa continues to stand out as a viable and welcoming option . Despite increased scrutiny across various immigration categories, this visa remains suitable for those involved in consistent, qualifying trade with the U.S. Its structure and purpose align well with current business realities, making it a stable choice even amid policy shifts. The E-1 visa is available to nationals of countries that maintain a treaty of commerce and navigation with the United States . To qualify, applicants must demonstrate that they are engaged in substantial trade—defined as a continuous flow of sizable international transactions—primarily between their home country and the U.S. Unlike investment-based visas, the E-1 visa does not require a fixed monetary threshold. Instead, it emphasizes active commercial exchange, such as the regular transfer of goods, services, or technology. This visa is applicable across a wide range of industries , including but not limited to manufacturing, logistics, professional services, consulting, finance, tourism, and technology. If more than 50% of your international trade is with the United States, and the business activity is consistent and well-documented, the E-1 visa may be a strong fit for your current business model. In addition to its flexibility, the E-1 visa is renewable as long as the trade activity continues. It also extends benefits to eligible family members: spouses and unmarried children under 21 may accompany the principal visa holder, and spouses are eligible to apply for U.S. work authorization, offering added support and financial opportunity for the family. This visa category is particularly well-suited for business professionals who are already operating in international markets and looking to formalize or expand their presence in the U.S. It rewards active engagement, proven commercial performance, and long-term trade partnerships. If you are currently engaged in trade with the United States and are considering expanding your business operations, the E-1 Treaty Trader Visa may provide a clear and effective route forward. Our attorneys at Santos Lloyd Law Firm are here to help you assess your qualifications and guide you through each stage of the process with clarity, strategy, and confidence.
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