Conditional Permanent Residence Based on Marriage

22 12, 2005

CIS Eases Affidavit of Support Requirements for Adjustment of Status Applicants

By |2005-12-22T14:00:36-06:00December 22nd, 2005|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Lawful Permanent Residence in the U.S.|

CIS Eases Affidavit of Support Requirements for Adjustment of Status Applicants December 22, 2005 For applicants undergoing permanent residence processing within the U.S. (aka adjustment of status), the Affidavit of Support component just got easier. With the exception of employment based filings, all adjustment of status applicants are required to submit an I-864, Affidavit of Support executed by the their petitioning family member. If the petitioning family member’s income does not meet the minimum income guidelines, then a “joint sponsor” whose income is sufficient is eligible to present a supplementary I-864 in support of the applicant’s adjustment of status filing. The […]

14 07, 2005

Proposal for Immigration Benefits for Gay “Permanent Partners” of U.S. Citizens and Permanent Residents

By |2005-07-14T14:00:36-05:00July 14th, 2005|Categories: Conditional Permanent Residence Based on Marriage, Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Proposal for Immigration Benefits for Gay “Permanent Partners” of U.S. Citizens and Permanent Residents July 14, 2005 In the past month, a legislative proposal was introduced in both the U.S. House of Representatives and Senate which would essentially allow gay “permanent partners” of U.S. citizens or permanent residents to receive the same immigration benefits as spouses of U.S. citizens or permanent residents. Additionally, under the legislative proposal, “permanent partners” of foreign nationals being granted refugee or asylee status would also qualify for immigration benefits as if they were the principal applicant’s spouse. With the gay marriage movement making headlines across the […]

15 03, 2005

Timing of U.S. Citizenship Applications, Including New Policy

By |2005-03-15T14:00:36-06:00March 15th, 2005|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

Timing of U.S. Citizenship Applications, Including New Policy March 15, 2005 In most cases, prospective applicants for U.S. citizenship must live in the U.S. for 5 years as lawful permanent residents before they become eligible to submit their N-400 applications. For applicants who are married to U.S. citizens, eligibility commences after they have accumulated 3 years of lawful permanent residence, as long as they have resided with their U.S. citizen spouse for all 3years. (In actuality, N-400 applications can be filed within the 90 day period just prior to the accumulation of 5 or 3 years of residence). Additionally, in most […]

8 08, 2003

I Just Got Married – Can I Apply for My Green Card and Undergo All Processing in the U.S.?

By |2003-08-08T14:00:36-05:00August 8th, 2003|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., Undocumented Immigrants and Workers in the U.S.|

I Just Got Married – Can I Apply for My Green Card and Undergo All Processing in the U.S.? August 8, 2003 This is definitely one of the more common questions presented to me as an immigration lawyer. Sometimes the client in question got married to a lawful permanent resident (“green card” holder) and sometimes to a U.S. citizen. Sometimes the client is in status, other times they have overstayed their visa. Other times, they came with someone else’s visa, or with no visa at all. The following are my most common responses to the scenarios presented above (for this discussion, […]

11 07, 2003

Common Questions Facing Applicants for U.S. Citizenship

By |2003-07-11T14:00:36-05:00July 11th, 2003|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., Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S.|

Common Questions Facing Applicants for U.S. Citizenship July 11, 2003 The requirements to become a U.S. citizen by way of an N-400 Application for Naturalization are generally not complicated, although situations frequently arise where significant questions regarding an applicant’s eligibility are raised. General Requirements for Naturalization: The applicant must be at least 18 years of age and a lawful permanent resident for 5 years. For those who are married to a U.S. citizen, the requirement is only 3 years or residence, although the applicant must have been married to and living with that U.S. citizen spouse for at least 3 years […]

28 02, 2003

INS Adjudications Delays, INS Fees and Some Scary Legislative Proposals

By |2003-02-28T14:00:36-06:00February 28th, 2003|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, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

INS Adjudications Delays, INS Fees and Some Scary Legislative Proposals February 28, 2003 INS Adjudication Delays As previously covered in this column, INS offices around the U.S. have implemented new security check protocols in the processing of various applications for immigration benefits, particularly lawful permanent residence and U.S. citizenship. Specifically, before an applicant is granted their immigration benefit, the INS must receive the green light from the FBI after their name is processed through the FBI’s own security filter. This protocol is in addition to the fingerprint check wherein the applicant’s prints are analyzed against a nationwide database of federal, state […]

13 12, 2002

Decisions Halted on Applications for U.S. Permanent Residence and Citizenship

By |2002-12-13T14:00:36-06:00December 13th, 2002|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), Green Cards, Lawful Permanent Residence in the U.S.|

Decisions Halted on Applications for U.S. Permanent Residence and Citizenship December 13, 2002 A new security initiative put in place by the INS in the past 2 weeks has led to a halt in the issuance of final decisions on applications for adjustment of status (permanent residence) and U.S. citizenship. This initiative impacts only applications pending in the U.S., such as at local INS District Offices like Chicago’s, and does not have a direct effect on overseas consular processing of immigrant and nonimmigrant visas. Q: Why has this initiative been put in place? A: Security. The initiative stems from a November […]

7 11, 2002

Family Based Immigrant Visa Availability – Rapid Progress Expected in the Coming Months

By |2002-11-07T14:00:36-06:00November 7th, 2002|Categories: Conditional Permanent Residence Based on Marriage, Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, United States Embassies Abroad|

Family Based Immigrant Visa Availability – Rapid Progress Expected in the Coming Months November 7, 2002 By federal statute, roughly 500,000 family-based immigrant visas and 140,000 employment based immigrant visas become available each fiscal year, which begins on October 1 and runs through September 30. This number does not include the 55,000 immigrant visas that become available each year through the Diversity Visa Lottery Program, a program which excludes citizens of several countries including the Philippines. Despite the large number of available immigrant visas, long lines have formed in all of the family based categories since the demand for these visas […]

12 09, 2001

The Current State of V Visa Processing for Applicants Both in the U.S. and Abroad

By |2001-09-12T14:00:36-05:00September 12th, 2001|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, Immigrant Visas for Spouse / Fiancee / Child Visas, United States Embassies Abroad|

The Current State of V Visa Processing for Applicants Both in the U.S. and Abroad September 12, 2001 The recently created V visa allows certain spouses and under 21 year old children of U.S. lawful permanent residents to obtain immigration benefits while awaiting immigrant visa availability in the family based second preference visa category. First and foremost, it allows qualifying applicants abroad to visit their nearest U.S. consular post and obtain a visa to travel and work in the U.S. For those already in the U.S., whether legally, out of status or with no status, V visa status, along with the […]

22 09, 2000

Removing Conditional Resident Status for Marriage Based Immigrants

By |2000-09-22T14:00:36-05:00September 22nd, 2000|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S.|

Removing Conditional Resident Status for Marriage Based Immigrants September 22, 2000 Obtaining U.S. lawful permanent residence by way of a marriage is not a terribly complicated process, in theory. However, in many ways, the immigration process for foreign spouses can often be a confusing and anxious experience on many levels. Below I will attempt to address some of the more common questions presented to me in my day to day practice with regard to the removal of the conditional resident status for marriage based immigrants. Why are some immigrant spouses issued permanent, 10 year Alien Registration Cards (or “green card”) and […]

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