Immigrant Visas for Spouse / Fiancee / Child Visas Archives - Page 5 of 10

20 04, 2016

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

By Richard Hanus|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., […]

24 02, 2016

U.S. Department of Homeland Security to Take a Closer Look at Social Media Presence of Foreign Nationals Coming to U.S.

By Richard Hanus|2016-02-24T08:57:02-06:00February 24th, 2016|Categories: Asylum in the United States, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, Non-Immigrant Visas for Temporary Workers / H-1B|

Published February 24, 2016 After the terrorist mass shootings in San Bernardino, California this past December, it was discovered that the couple carrying out the attack had an online footprint, via Facebook private messenger, outlining disturbing beliefs and inclinations to commit acts of jihad and terrorism. In the wake of this major act of terrorism and others around the world, leaders in our federal government and Congress are looking for improved ways to insure that foreign nationals looking to enter the U.S. do not intend to engage in terrorism. The new rules being considered may or may not have prevented […]

12 02, 2016

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

By Richard Hanus|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 […]

7 09, 2015

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

By Richard Hanus|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 […]

10 08, 2015

“Special Immigrant Juvenile Status”: Green Cards for Undocumented or Out of Status Children

By Richard Hanus|2015-08-10T11:18:49-05:00August 10th, 2015|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, General, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, 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 August 10, 2015 For a child who is under 21 years of age and in the U.S. without documentation or as a visa overstay, the federal “Special Immigrant Juvenile Status” statute may indeed create a path to permanent resident, aka “green card”, status. Under this statute, a child who has been abandoned, neglected, or abused by their parent, may be able to adjust to permanent resident status in the U.S. – and without having to depart to appear at a US consular post abroad, no matter their current status or means of entry. However, the essential element of […]

30 04, 2015

Top Six Reasons to Hire an Immigration Lawyer

By Richard Hanus|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 […]

5 03, 2015

Update: The Truth About U.S. Immigration and Registered Nurses

By Richard Hanus|2015-03-05T12:35:48-06:00March 5th, 2015|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-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, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Uncategorized, United States Embassies Abroad|

Published March 5, 2015 As of this writing the landscape for foreign national registered nurses (excluding nurses from China and India) to enter the U.S. to live and work can best be described as “improved” and “not too bad”. From start to finish, I would estimate the process at approximately 8 to 14 months, although it could take a little shorter or longer. This is in contrast to the state of affairs over the past 5+ years, where foreign national registered nurses and their petitioning facilities faced a many year waits between petition approval and visa issuance. And to be […]

5 01, 2015

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

By Richard Hanus|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 […]

12 10, 2014

I-864 Affidavit of Support: A Legally Enforceable Contract

By Richard Hanus|2014-10-12T09:51:18-05:00October 12th, 2014|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, General, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, United States Embassies Abroad|

Published: October 12, 2014 I-864 Affidavit of Support: A Legally Enforceable Contract For the vast majority of individuals being issued U.S. lawful permanent resident, or “green card” status, their applications for residence are premised on a family based visa petition and a specific familial relationship with a U.S. citizen or resident family member, such as spouse/spouse, parent/child, or sibling connection. With few exceptions, the U.S. citizen or resident filing the immigration petition will also eventually execute, as part of the immigration process, an I-864 Affidavit of Support – a document guaranteeing that the new immigrant will not become a “public charge,” […]

27 08, 2014

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

By Richard Hanus|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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