When filing Form I-751, Petition to Remove Conditions on Residence, a conditional resident and spouse must provide evidence that they have a bona fide marriage. There are numerous documents that can used to establish that you entered a genuine marriage and deserve a 10-year green card.
Even if you are filing with a waiver to the joint filing requirement (due to a terminated marriage), you will need to prove that your marriage was genuine and not created to circumvent immigration laws. Thus, proving a bona fide marriage on an I-751 petition is extremely important to it’s success. Continue reading
Immigration law (INA §245) allows certain foreign nationals who are physically present in the United States to adjust status to permanent resident (green card holder). A foreign national may not be eligible to file Form I-485, Application to Adjust Status, if one or more bars to adjustment applies. Bars to adjustment of status are rules that exclude certain individuals that have committed a particular act or violation. They are factors that can disqualify an applicant. Many applicants get a Form I-485 denial as a result of bars they didn’t realize existed.
Some of the most common statutory bars to adjustment that result in I-485 denials include:
- Unlawful status
- Failure to maintain status
- Unauthorized employment
A permanent resident can generally travel outside the United States and return by simply showing a permanent resident card (green card) upon reentry at a U.S. port of entry.
But there are situations that a reentry permit is needed in addition to the permanent resident card.
A reentry permit can help avoid two types of problems:
- Your permanent resident card becomes technically invalid for reentry into the United States if you are absent from the U.S. for one year or more.
- Your permanent resident status may be considered as abandoned for absences shorter than one year if you take up residence in another country.
After traveling abroad, the Customs and Border Protection (CBP) officer at your U.S. port of entry will need to determine if your travel was “temporary” in nature. To be temporary, you must have the intention to return to the United States at the time of departure and throughout the entire trip. Employment, family, filing of taxes, involvement in the community all demonstrate ties to the U.S. To determine your intentions, some of the questions that a CBP officer may ask cover topics such as: Continue reading
The K-1 visa is for the fiancé of a U.S. citizen to come to the United States for the purpose of marriage. If you entered the U.S. on a K-1 visa, you have 90 days to marry the U.S. citizen from the date of entry. A K-1 visa does not allow the foreign national to stay in the United States for more than 90 days – it can’t be extended. Once married, the foreign national has the option of staying in the United States if he or she files an application for adjustment of status through a K-1 visa entry.
Adjustment of status to permanent resident is an exclusive process to apply for a green card reserved for certain intending immigrants that are physically present in the United States. A K-1 visa holder who has married his or her U.S. citizen fiancé is generally eligible. Continue reading
Conditional residents that obtained a two-year green card through marriage will typically file a joint petition using Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before it expires. The conditional resident normally files jointly with the spouse. Once approved, U.S. Citizenship and Immigration Services (USCIS) grants the conditional resident status as a lawful permanent resident and provides a 10-year green card. But what if the conditional resident gets a divorce or annulment before the two-year period ends? Or what happens if the spouse is abusive and refuses to file the joint petition? The I-751 waiver after divorce provides a solution to this difficult situation. Continue reading
An immigration medical exam is a necessary part of immigrating to the United States and becoming a permanent resident (green card holder). Sometimes called a green card medical exam, the appointment is a routine part of the process to ensure public safety and remove the grounds for inadmissibility for intending immigrants.
Certain diseases of public health significance make an individual inadmissible to the United States. The exam is the process to remove these grounds of inadmissibility. Continue reading
A dual intent visa allows foreign nationals to be temporarily present in the United States with the known intention of possibly immigrating to the U.S. permanently. That’s significant because most temporary visas require that the visitor intend to return home. Thus, attempting to adjust status to permanent resident with other nonimmigrant visas can potentially trigger severe, long-term immigration problems.
Most people will find it difficult to qualify for a U.S. nonimmigrant visa, such as a visitor visa, if there is any evidence of immigrant intent—a past intent, an intent to seek to immigrate during this trip to the U.S., an intent to immigrate to the U.S. in the future, or even a hope to immigrate in the future. The applicant must establish nonimmigrant intent. Continue reading
The steps to obtain a family-based green card — officially known as a permanent resident card — vary based on the qualifying family relationship and where you live (inside the United States or outside).
If you would like to petition (sponsor) a family member for a green card or you are a foreign national that wants to permanently move to the United States, this article provides a basic overview of the eligibility categories and family-based green card process. Continue reading
If you previously filed an I-130 petition for your spouse and/or minor children when you were a permanent resident, you can upgrade the petition if you’ve now become a U.S. citizen. For the spouse and/or children of a lawful permanent resident, the wait for an immigrant visa (green card) can be lengthy. After the filing Form I-130, Petition for Alien Relative, spouse and children of a lawful permanent resident will wait several months to years. In some situations the wait can be very long. If you upgrade an I-130 petition after naturalization, your petition gets expedited because there is no numerical limit.
In many cases, one family member is able to obtain permanent resident status in the United States, but must leave behind a spouse and/or children in the home country. Upon arriving in the U.S. and becoming a permanent resident (green card holder), he or she may petition those family members to immigrate with Form I-130, Petition for Alien Relative. However, the wait time can take several years. If that permanent resident becomes a U.S. citizen, he or she may upgrade the I-130 petition and speed up the immigration process. Continue reading
Your chances of having a green card renewal denied are on the rise. In fact, based on U.S. Citizenship and Immigration Services (USCIS) data reviewed, the number of denied applications increased over the last decade. All of this comes when USCIS has increased the fee to renew green cards over 300% in the last 20 years.
After receiving USCIS applications and petitions, USCIS reports that they reject approximately 8% of forms. Then, thousands more green card renewal applications, Form I-90, Application to Replace Permanent Resident Card, are denied.
In fiscal year 2017, USCIS denied 28,558 applications according to government data. Too many applications are getting denied for unnecessary reasons. When USCIS denies an application, the immigration agency keeps the filing fees and the applicant is denied benefits. If certain immigration violations are exposed in the review process, this can lead to significant legal problems for the applicant. Continue reading