Conditional Permanent Residence Based on Marriage

11 02, 2013

Another Reason to Stay Away From Immigration Consultants

By |2013-02-11T09:52:50-06:00February 11th, 2013|Categories: Amnesty for Immigrants in the U.S., Conditional Permanent Residence Based on Marriage, General, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|Tags: , , , , , , , , , , |

Published: February 11, 2013 By the end of the summer, if not sooner, it is very possible Congress will act to provide undocumented individuals an avenue toward legalizing their status in the U.S. Exactly what the terms or requirements of such legislation will be, or whether for certain a measure will be enacted at all, is unknown. But, if there will be a new law, it is guaranteed, non-attorney, “immigration consultants” will be popping up all over the place to provide a “service” in helping foreign nationals negotiate the process Congress lays out. Immigration consultants charge a fee to answer questions, […]

3 01, 2013

March 4, 2013: Stateside “Provisional” Waiver to Become Available For Certain Undocumented Applicants

By |2013-01-03T14:33:41-06:00January 3rd, 2013|Categories: Conditional Permanent Residence Based on Marriage, 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, U.S. Immigration Law and Legislation|Tags: , , , , , |

Published:  January 3, 2013 On March 30, 2012, US Department of Homeland Security/Citizenship and Immigration Services first announced its plan to implement a “stateside” I-601 Waiver program, an initiative for processing a “waiver of inadmissibility” for certain applicants for permanent residence who under current law, are ineligible to undergo final green card processing in the U.S.  Under the current system such individuals must leave the US for an extended period for their final green card/ interview, and appear before a US consular officer in their home country.  With the new stateside waiver program, however, instead of facing a 3 month or so wait to […]

3 11, 2012

Battered Spouses and Immigration

By |2012-11-03T09:06:33-05:00November 3rd, 2012|Categories: Conditional Permanent Residence Based on Marriage, Employment Authorization / Work Cards in the U.S., Family-Based Immigration Law, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|Tags: , , , , , , , , , , , , , |

Published: November 3, 2012 The battered spouse, whether a man or woman, is a protected class in the world of immigration law. Sensing that foreign nationals who marry U.S. citizens or residents can become vulnerable to the U.S. spouse’s physical or extreme mental abuse, Congress enacted a variety of laws aimed at protecting these foreign nationals. These laws create avenues for the foreign national to obtain U.S. resident status, no matter the cooperation or support of the abusive U.S. citizen. The avenues are available in the following contexts: I-360, Battered Spouse Self Petition (for those not yet issued a green card): […]

1 06, 2012

Gay Marriage and U.S. Immigration

By |2012-06-01T09:33:04-05:00June 1st, 2012|Categories: Conditional Permanent Residence Based on Marriage, 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., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|Tags: , , , , , , |

Published: June 1, 2012 The momentum is unmistakable. State by state, our country is taking a serious look at the issue of gay marriage, with the volume of the local and national discussion only getting higher. Whether you believe same sex marriage is right or wrong, or should or should not be legalized, the issue certainly raises a multitude of questions on the rights of our gay population and the fairness of our current laws as applied to them. One such question involves the fairness of our immigration laws for individuals involved in same sex relationships. Should a heterosexual in the […]

20 03, 2012

Immigration Benefits via Expedited “Premium Processing”

By |2012-03-20T09:58:45-05:00March 20th, 2012|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, Non-Immigrant Visas for Temporary Workers / H-1B|Tags: , |

Published: March 20, 2012 Everyone wants things done yesterday. When it comes to processing of a green card, U.S. citizenship, work permit, work visa, student visa, or any other immigration benefit, the same holds true. And when people hear that a “Premium Processing” unit is in place at U.S. Department of Homeland Security/Citizenship and Immigration Services here in the U.S. to provide expedited service (as quick as 1-15 days) on immigration related filings for an additional fee, lots of folks want in. Firstly, not all immigration filings can be submitted for Premium Processing. Most notably, for example, Premium Processing is not […]

9 03, 2012

Green Cards and US Citizenship: DHS/CIS Continues Its Rapid Pace of Processing

By |2012-03-09T09:47:25-06:00March 9th, 2012|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.|Tags: , , , , , |

Published: March 9, 2012 U.S. Department of Homeland Security/Citizenship and Immigration Services continues to do its job with efficiency and speed when it comes to processing Applications for Naturalization (N-400) and Applications for Adjustment of Status (green card – I-485) based on marriage to a U.S. citizen, or other family or employment immigrant category with current visa availability. Immigration interviews, at least through CIS Chicago, are being scheduled with lightning speed, and card production for approvable permanent resident applicants, and oath ceremonies for approvable U.S. citizenship applicants follow within just a week or two of the interview. In my 20+ years […]

12 08, 2011

2011 Poverty Guidelines for Sponsors Completing Affidavits of Support

By |2011-08-12T12:32:53-05:00August 12th, 2011|Categories: Conditional Permanent Residence Based on Marriage, Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas|Tags: , , |

Published: August 12, 2011 Before intending family-based immigrants are issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 Affidavit of Support (or acceptable I-864 variation) and most of the time, satisfy certain income requirements.  The most common exception is the option for a petitioner to prove their financial health by way of ownership of sizable liquid assets as evidenced by bank/brokerage account statements or real property appraisals. The income requirement applicable to most petitioners is 125% of the poverty level as determined by the U.S. Department […]

19 03, 2011

Fiancé Visa Holders Who Divorce Their U.S. Citizen Spouse/Petitioner May Still Be Eligible for Green Card

By |2011-03-19T08:26:41-05:00March 19th, 2011|Categories: Conditional Permanent Residence Based on Marriage|

Published: March 19, 2011 In general, the K-1 visa is available to foreign nationals seeking to enter the U.S. to marry their U.S. citizen fiancé, as long as, among other requirements, they intend on marrying within 90 days of entry, and the couple has met in person at some point in the 2 year period leading up to the filing of the visa petition. After entering on a K-1 visa and marrying their U.S. citizen petitioner within 90 days, the foreign national is to then apply for “adjustment of status” and if all goes well at the interview at the local […]

20 10, 2010

Careful, Homeland Security May Want to “Friend” You

By |2010-10-20T11:16:17-05:00October 20th, 2010|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.|

Careful, Homeland Security May Want to “Friend” You Published: October 20, 2010 In recent years, government officials have increasingly been turning to high technology to gather information to assess marital relationships that are the basis of immigration filings, such as for green cards or expedited citizenship. From credit reports to utility bills, agents for the Department of Homeland Security, are tapping into the vast informational resources that flow freely from having an individual’s social security number in an effort to test claims that husband/wife immigration applicants are residing together and otherwise engaged in a bona fide relationship. Most recently the Department […]

9 01, 2010

Lou Dobbs Said What?

By |2010-01-09T21:46:10-06:00January 9th, 2010|Categories: Amnesty for Immigrants in the U.S., Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Lou Dobbs Said What? Published: January 9, 2010 When it was announced Lou Dobbs, a controversial television commentator, was leaving CNN, I set out to write a column explaining the significance of his views and departure from CNN and whether the controversy surrounding him is truly warranted. I finished a few drafts but had a difficult time tying together my thoughts and arriving at any meaningful conclusions. However, Dobbs’ recent pronouncements, on Fox News’ O’Reilly Factor, in favor of a legalization program for our country’s undocumented population, prompts me once again to think about Dobbs and the relevance of his views. […]

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