22 08, 2013

I Married a U.S. Citizen and Now I Want a Green Card

By Richard Hanus|2013-08-22T14:10:16-05:00August 22nd, 2013|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., United States Embassies Abroad, Visa Lottery and Diversity Visas to the U.S.|Tags: criminal conviction, deportation / removal, extreme hardship, foreign fiancee, INA 245(i), misrepresentation, U.S. voter registration, visa fraud charge, wavier of inadmissibility|

Published: August 22, 2013 Marrying a U.S. citizen – it can be the quickest and easiest avenue to a Green Card. Assuming it involves a bona fide, genuine spousal relationship – including between same sex partners – a green card filing premised on a marriage to a U.S. citizen can be the most straight-forward route toward obtaining U.S. resident status. If the foreign spouse is outside the U.S., their journey to the U.S. usually starts with the filing of an I-130 visa petition, and after approval, immigrant visa processing at their nearest U.S. consular post in their home country. This same process […]

3 11, 2012

Battered Spouses and Immigration

By Richard Hanus|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: abusive U.S. citizen, Battered Spouses, Cancellation of Removal as a Battered Spouse, extreme hardship, foreign nationals, good faith, good moral character, I-360 Battered Spouse Self Petition, I-751 waiver request, Immigration Court, Joint I-751, physical abuse, physical or extreme mental abuse, protected class|

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 04, 2012

Update on “Stateside” I-601 Waiver Processing

By Richard Hanus|2012-04-01T14:03:48-05:00April 1st, 2012|Categories: Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation|Tags: extreme hardship, proposed rule, unlawful presence, waiver|

Published: April 1, 2012 On March 30, 2012, US CIS published a proposed rule for the implementation of the “stateside” I-601 Waiver program. That does not mean the program is now in effect, just that the government has commenced the beginning steps toward implementation of the program, with some commentators expecting the rule to be implemented by the end of the calendar year. As previously discussed here, the proposed program would serve to streamline processing of certain applicants for permanent residence who under current law, must leave the US for an extended period for their final green card/ interview, and appear […]

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