Conditional Permanent Residence Based on Marriage

19 10, 2018

Medical Exams: New Policy in Effect for Adjustment of Status Applicants

By |2020-05-01T16:02:45-05:00October 19th, 2018|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Published October 19, 2018   With few exceptions, individuals seeking to reside permanently in the U.S. and obtain lawful permanent resident or “green card” status, must document they are not subject to a medical basis of inadmissibility.  Whether the applicant is undergoing the consular processing of their immigrant visa at a U.S. consular post outside the U.S. or is obtaining their residence by way of an I-485 “adjustment of status” application in the U.S., a sealed medical exam report prepared by an accredited physician must be presented in support of their application.   The purpose of the exam is to screen the […]

20 09, 2018

Under New Policy, Immigration Applications Can Be Denied More Easily

By |2020-05-01T16:10:16-05:00September 20th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings|

Published September 20, 2018   As of September 11, 2018 a new policy went into effect giving immigration officers greater authority to deny immigration related filings without first giving applicants an opportunity to supply the missing evidence.    According to U.S. Department of Homeland Security/Citizenship and Immigration Services officials, the new policy was prompted by what was seen as widespread documentary shortcomings in applicant filings and the consequent waste of resources forced on immigration officials in order to allow applicants to address these shortcomings, especially when the underlying filing may not ever be approvable.  From the standpoint of the government, instructions […]

11 09, 2018

It is Taking Forever for My Green Card or Citizenship Application to Be Decided: What Can I Do?

By |2020-05-01T16:12:21-05:00September 11th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

Published September 11, 2018   For foreign nationals in the U.S., two of the most common applications filed with Department of Homeland Security/Citizenship and Immigration Services are the I-485 Application for Adjustment of Status (to acquire lawful permanent resident/green card status) and N-400 Application for Naturalization (to acquire U.S. citizenship).  Processing times for both applications these days – from day of filing to interview – ranges from 8-12 months, give or take.   But what happens if your case is pending longer than that?  What measures can be taken to follow up and ensure your case is being decided in a reasonable period […]

8 08, 2018

Trump Administration Looking Into Penalizing Immigrants Receiving Public Benefits

By |2020-05-01T16:15:33-05:00August 8th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, immigration reform, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published August 8, 2018   “Public Charge” provisions have been a part of our nation’s immigration laws for more than a century, thus the reason all family based immigration applicants are required to have a financial sponsor who provide an “Affidavit of Support” to guarantee the new immigrant will not become dependent on certain government benefits.   In sum, foreign nationals who are deemed likely to become a “public charge” are “inadmissible” under U.S. immigration law and ineligible for permanent residence (green card).  The Trump Administration is now considering the implementation of new and expansive rules penalizing lawful immigrants who avail of […]

12 07, 2018

US CIS Now More Active in Placing Denied Applicants in Removal Proceedings

By |2020-05-01T16:20:58-05:00July 12th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 11, 2018     Under a new policy guidance memo released by U.S. Citizenship and Immigration Services (US CIS) earlier this month, the agency will now be taking a more active role in initiating removal proceedings against denied applicants.     Applicants for permanent residence, naturalization, change of status or other immigration benefits now will be more vulnerable to being placed in removal proceedings if they are deemed ineligible for the benefit sought and are in the U.S. in violation of immigration laws. Pursuant to the new guidance, US CIS is required to issue a Notice to Appear (NTA) – the […]

6 02, 2018

Chicago Based Applicants for Green Cards and Citizenship: DHS/CIS Processing Times

By |2020-05-01T17:07:51-05:00February 6th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Published February 6, 2018   Marriage based adjustment of status applicants living in CIS Chicago’s jurisdiction are seeing an approximately 7-8 month wait to be scheduled for an interview.  Applicants for Naturalization (N-400) under CIS Chicago’s jurisdiction are being scheduled within approximately 8-10 months of application filing, and an oath ceremony, for approved cases, usually being scheduled 3 weeks or so following interview. At present the timeline for marriage based I-485 adjustment of status applicants — assuming all applications and supporting documentation are prepared and submitted correctly, is as follows: Dept. of Homeland Security/Citizenship and Immigration Services receipts are issued within 1 to […]

28 11, 2017

Update: Green Card Interviews for Marriage Based Applicants, Including for Same Sex Partners

By |2020-05-01T17:22:18-05:00November 28th, 2017|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Undocumented Immigrants and Workers in the U.S.|

Published November 28, 2017     A foreign national applying for permanent resident status by way of marriage to a U.S. citizen, continues to enjoy a mostly efficient and streamlined process, especially if they undergo all steps in the U.S. as an “adjustment of status” applicant.  For most eligible foreign nationals present in the U.S., whether in legal status or not, adjustment of status processing for permanent resident status at their local Department of Homeland Security/Citizenship and Immigration Services office (DHS/CIS) is usually preferable to overseas immigrant visa processing at a U.S. consular post.  For various reasons though, not all individuals […]

15 11, 2017

Beware Immigrants: Automatic Voter Registration

By |2020-05-01T17:25:53-05:00November 15th, 2017|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published November 15, 2017   On the topic of well-intended laws and unintended consequences, one of the first things that come to my mind is the law requiring local Department of Motor Vehicle facilities to ask all driver’s license applicants if they would like to register to vote.   In theory, the National Voter Registration Act of 1993, or “motor voter” is a beautiful law  – where prospective voters, many of whom would otherwise not go out of their way to register, are solicited and provided a convenient avenue to register to vote and have a voice in our electoral process.   However, the […]

25 04, 2017

A New Look for Green Cards and Employment Authorization Documents

By |2020-05-01T18:12:05-05:00April 25th, 2017|Categories: Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Uncategorized|

Published April 25, 2017   Toward enhancing security and combatting document fraud, U.S. Department of Homeland Security will begin issuing a newly redesigned Permanent Resident Card (“Green Card”) and Employment Authorization Document (“EAD”) starting May 1, 2017.  Green Cards and EADs issued prior to the release of the new versions will continue to be honored throughout their validity period.    The new documents will feature the individual’s photos on both sides along with unique graphics, color schemes and embedded holographic images.   Green Cards will feature the image of the Statue of Liberty and a mainly green color scheme.  EADs will include […]

21 03, 2017

Applying for U.S. Citizenship: The Top 4 Things That Matter

By |2020-05-01T18:20:10-05:00March 21st, 2017|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Published March 21, 2017   To be sure, a foreign national residing in the U.S. as a lawful permanent resident (aka “green card” holder) is not required to apply for U.S. citizenship.   That is, for whatever reasons or no reason, a green card holder has the option of living the rest of their life in the U.S. without seeking U.S. citizenship.    Of course there are downsides to such a decision, such as having to renew a green card every 10 years, not having the right to vote, and having limits on the type of immigration petitions you can file on […]

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