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Conditional Permanent Residence Based on Marriage

25 07, 2016

For Those Who Entered the U.S. Under a False Identity and Now Want a Green Card

By |2016-07-25T19:13:52-05:00July 25th, 2016|Categories: Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, General, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published July 25, 2016 Foreign nationals who enter the U.S. under a false identity or assumed name usually do so because conventional legal avenues to gain entry are not available to them.  From what I have witnessed, the assumed name entrant is typically motivated by a desire to achieve a better life in terms of work and freedom, a life that would otherwise not be available but for their taking action to enter under a false identity and/or fabricated visa application.  For a variety of reasons though, no visa is within reach, whether it be as a B-1/B-2 visitor for pleasure/business, F-1 […]

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20 04, 2016

I-751 Petitions to Remove Conditional Basis on Residence: For When the Marriage Works, and For When It Does Not

By |2016-04-20T08:41:09-05:00April 20th, 2016|Categories: 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, Lawful Permanent Residence in the U.S.|

Published April 20, 2016   Usually, foreign nationals obtaining immigration benefits by way of a marriage to a U.S. citizen are only initially granted resident status on a 2 year “conditional” basis.  That is because at the time they are granted their immigrant visa at a consulate abroad, or “adjusting” their status in the U.S., the marriage that is the basis of the petition is less than 2 years old.  On the other hand, if a marriage is more than 2 years old at the time of such final processing at a consulate overseas, or at a CIS office in the U.S., […]

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12 02, 2016

Current (2015) Poverty Guidelines for Sponsors Completing Affidavits of Support

By |2016-02-12T08:45:57-06:00February 12th, 2016|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas|

Published February 12, 2016   Intending applicants for immigrant visas or for adjustment of status based on a family relationship must document that their petitioning U.S. family member, or a joint co-sponsor, executing a Form I-864 Affidavit of Support, meets certain income requirements and guarantees that the intending immigrant will not become a burden on the U.S. government.   As an alternative to meeting the income requirement, the sponsor or joint sponsor can prove their financial health by way of documenting ownership of adequate liquid assets, such as funds in a bank or stock brokerage account and in some cases, real property (supported […]

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7 09, 2015

Applying for a Green Card – The Top 5 Things That Matter

By |2015-09-07T12:13:29-05:00September 7th, 2015|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, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

published September 7, 2015   There are dozens and dozens of factors that go into an individual’s eligibility for a U.S. lawful permanent residence, or green card. For individuals present in the U.S., the following are the top 5 issues impacting eligibility for “adjustment of status” and undergoing final processing in the U.S.: 1)    Immigration Status:    Ideally, an individual will have maintained lawful nonimmigrant, or temporary status in the U.S., and from a maintained immigration status, an individual is in an ideal position to pursue U.S. resident status, that is assuming they have the requisite family or employment relationship/sponsor. For those without […]

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30 04, 2015

Top Six Reasons to Hire an Immigration Lawyer

By |2015-04-30T08:40:32-05:00April 30th, 2015|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, 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), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Immigration and PERM / Labor Certification, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published April 26, 2015   1.  To Keep a Clean and Simple Case, Clean and Simple: A knowledgeable and experienced immigration lawyer will know how a filing, whether family based or employment based, should be prepared.   The immigration lawyer will know exactly how to file the paperwork, how it should be documented, where the filing should be submitted, how to keep the filing on track and to make sure it does not fall through the cracks.   If an interview is scheduled, the immigration lawyer will prepare the applicant for all questions and processes they will face, and accompany the applicant to […]

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28 03, 2015

Green Card Renewal: Electronic Filing and Answers to Common Questions

By |2015-03-28T12:28:04-05:00March 28th, 2015|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), 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., U.S. Immigration Law and Legislation|

Published March 28, 2015   With the unveiling of a new electronic filing option for eligible applicants looking to renew their permanent resident, or “green” cards (see below for link information), I am reminded of the most common questions clients present when it comes to the legal implications of a soon expiring, or already expired, card.   Importantly, the discussion below specifically does NOT include the rules and processes for renewing the 2 year “conditional” green card which is issued mainly to applicants obtaining resident status based on a recent marriage.    If my green card expires, does my status as a permanent […]

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5 01, 2015

Be on the Look-Out for Pseudo Attorneys, “Consultants”, Thieves and Other Charlatans

By |2015-01-05T11:14:01-06:00January 5th, 2015|Categories: Amnesty for Immigrants in the U.S., 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), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and PERM / Labor Certification, immigration reform, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published:  January 5, 2015 With the roll out of the new Obama Executive Action immigration initiative nearing, I share the following reflections and warnings with the goal of informing and empowering the unsuspecting prospective applicant.  These are based on 20+ years practicing exclusively in the area of immigration law and having seen numerous new immigration laws and programs implemented during this time. The primary audience for news in the realm of immigration benefits for the undocumented is scared, vulnerable and desperate.  Scared of being undocumented and its consequences.  Vulnerable to deceit and ill intentioned predators purporting to provide reliable counsel.  Desperate […]

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27 08, 2014

I Married a U.S. Citizen and Applying for a Green Card….AGAIN!

By |2014-08-27T08:10:56-05:00August 27th, 2014|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, Lawful Permanent Residence in the U.S.|

Published:  August 27, 2014 As discussed in this column previously, the Green Card via marriage to U.S. citizen option can be a quick and easy route for most foreign nationals, whether residing in the U.S. or abroad.  For example, a qualified foreign national residing in the U.S., whether in lawful status, or even out of status, entering into a bona fide marriage to a U.S. citizen will receive an Employment Authorization Document within 90 days of filing, and an actual green card within 6-8 months of filing – assuming all goes well during the applicant’s “adjustment of status” interview at their […]

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25 06, 2014

New Medical Exam Policy for U.S. Based Applicants for Permanent Residence

By |2014-06-25T12:04:41-05:00June 25th, 2014|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation|

Published:  June 25, 2014 Foreign nationals, residing in the U.S., who are applying for lawful permanent residence by way of an I-485 Application for Adjustment of Status, are required to file a certified and sealed medical examination report in support of their applications.  The report, known as Form I-693, includes, among other details, an attestation by a Department of Homeland Security accredited physician regarding the results of various tests for contagious diseases as well as the applicant’s up to date vaccination history. In a recent policy statement, U.S. Citizenship and Immigration Services (CIS) announced that effective June 1, 2014, 1) an […]

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17 06, 2014

Green Card Holders and International Travel: The Most Common Questions

By |2014-06-17T14:50:24-05:00June 17th, 2014|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., United States Embassies Abroad|

Published:  June 17, 2014 The U.S. government issues permanent resident cards, or “green cards,” to individuals seeking to “reside” in the U.S.   That means there are significant limits on the amount of time Green Card holders can spend outside the U.S. for a given period or for any single trip.  Below is a discussion of the most common questions Green Card holders present when it comes to international travel and related issues. In general, what is the maximum amount of time a Green Card holder can travel outside the U.S. on a single trip? In general, a U.S. resident can leave […]

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