When renewing a green card after an arrest or criminal offense, be aware that U.S. Citizenship and Immigration Services (USCIS) will review the record of the permanent resident.
There are several crimes that can be deportable offenses. And some criminal offenses do not require a conviction to trigger inadmissibility or deportability for an immigrant. When renewing or replacing a green card, these crimes will be revealed to USCIS. Each time a permanent resident files Form I-90, Application to Replace Permanent Resident Card, USCIS requires the applicant to pay for and undergo a criminal background check.
The way that USCIS treats these crimes has also changed over the years. Therefore, a crime that was not a deportable offense 15 years ago could be a deportable crime now. It is very important that anyone with a criminal record understand their situation before filing for a green card renewal. Continue reading
An interview is an essential part of obtaining virtually any nonimmigrant visa for entry to the United States. But K-1 fiancé visa interview questions dive deeper into your history and intentions. They can even seem a little personal. And that’s a little scary.
It’s natural to be anxious about your K-1 interview. If you are prepared and know your fiancé well, you’ll find that the fiancé visa interview questions are actually very simple to answer. The K-1 questions will focus on your relationship with the U.S. citizen fiancé, but there’s no reason to fear the interview if you have a genuine relationship. Continue reading
The questions vary from, “Can I stay in the U.S. after a visa overstay and marriage to a U.S. citizen?” to “What happens if my visa expires and I’m married?” These questions are concerned with obtaining a legal status in the United States despite a period of unlawful presence.
Spouses of U.S. citizens do have special privileges in immigration and benefit from certain provisions in the law that are beneficial in cases where the intending immigrant has overstayed a visa. But it’s important to get a picture of the entire landscape.
By itself, marriage after a visa overstay does not solve the immigration problem. It can put the immigrant in a position to return to a lawful immigration status. As the spouse of a U.S. citizen, the immigrant can generally become a permanent resident (green card holder). Continue reading
There are various reasons you may want to do a green card name change. Everyday people get married and divorced, often resulting in a legal name change. Others may just decide to adopt a more Western style name after immigrating to the United States. Whatever your reason, a green card name change is a relatively simple matter.
It’s important to understand that the legal name change must take place before you update the green card. In other words, you’ll need a registered copy of your marriage certificate, divorce decree, adoption decree, or other court-issued document showing your name was legally changed. Once you have this, you can complete your green card name change. Continue reading
After you’ve filed almost any application or petition with U.S. Citizenship and Immigration Services (USCIS), they will respond by mailing you a Form I-797, Notice of Action, within approximately 1-2 weeks. The I-797, Notice of Action, is commonly known as a receipt letter.
For applicants that have incorrectly filed or included the wrong payment, this receipt letter will indicate that the case has been rejected. The applicant will need to refile. If you’ve prepared the form correctly and followed the USCIS directions carefully, this receipt letter will indicated that your case has been accepted. Once the form has been accepted, USCIS will begin reviewing your case.
The receipt letter contains a unique 13-digit receipt number. Also known as a case number, it’s a very important number to help you track the progress of your case or identify a particular immigration filing.
An applicant for a family-based green card will need a financial sponsor in the United States before immigrating. Although some new green card holders may be able to find employment immediately and support themselves, the financial sponsor is necessary in case things don’t go as planned.
In fact, every person who immigrates based on a relative petition must have a financial sponsor. So whoever files Form I-130, Petition for Alien Relative, on behalf of a family member (or Form I-129F on behalf of a fiancé) must also agree to be the financial sponsor and file an affidavit of support when the time comes for the person to actually immigrate to the United States. Continue reading
The green card, which only recently became green again, has a history with a variety of names and colors. U.S. Citizenship and Immigration Services (USCIS) officially refers to it as the Permanent Resident Card. However, it has also been known over time as a Resident Alien Card or Alien Registration Receipt Card. You may even notice that USCIS labels it as Form I-551. In fact, the history of the green card is very colorful. Continue reading
With 8 pages of questions (and another 13 pages of instructions), filling out the green card renewal form can be an intimidating process for many applicants. Officially known as Form I-90, Application to Replace Permanent Resident Card, the green card renewal form can be prepared by most permanent residents without extensive help from an attorney. If you have a straight forward case, you can do it yourself.
If you’re ready to tackle the green card renewal form by yourself, go the website for U.S. Citizenship and Immigration Services (USCIS) at www.uscis.gov/i-90/ to download the Form I-90 and filing instructions. Although there is a $540 government filing fee, there is no fee to obtain the application.
Applicants that want some extra support and reassurance that they’re doing everything correctly can use CitizenPath.com, a low-cost, online service that helps permanent residents fill out the green card renewal form. It’s free to try, and costs hundreds less than a lawyer. When you complete the Form I-90, you’ll receive the neatly prepared official Form I-90 that’s ready to sign. You’ll also get some simplified filing instructions so you know what to include with your Form I-90 application and where to mail it. Try it now. Continue reading
U.S. immigration law requires intending immigrants in family-based visa categories to show that they have financial support in the United States. The U.S. citizen or permanent resident that petitions a family member for a green card also must file Form I-864, Affidavit of Support. The affidavit of support is a legal contract between the petitioner and the U.S. government. On Form I-864, petitioners must prove that they have the ability to financially support the visa applicant(s) if necessary. But the petitioner must also prove that his or her country of domicile is the United States.
In fact, there are three fundamental requirements for acting as the sponsor on the affidavit of support. The sponsor must: Continue reading
It is possible to avoid the dreaded I-751 interview. No couple wants to visit USCIS to be prodded with personal questions about their marriage. What’s more, the stakes are high. If U.S. Citizenship and Immigration Services (USCIS) isn’t convinced that you have a bona fide marriage, the conditional resident’s status may be in jeopardy.
As a matter of law (INA §216) a couple must appear for a personal interview in order for the conditions of residence to be removed. But if USCIS is satisfied that the marriage was not for the purpose of evading the immigration laws, they may waive the interview and approve the I-751 petition. Let’s help you avoid the I-751 interview all together. Continue reading