Category Archives: Immigrant Petitions

Immigration Insider articles in this category include topics related to immigrant petitions. This is the first step for a foreign national to obtain permanence residence (green card) in the United States.

Reasons for a Green Card Application Denial

Common reasons why a family-based application for permanent residence may be denied by USCIS

Green Card Application DenialEach year the U.S. government allows thousands of people to enter the United States with permanent resident status. Permanent residence is symbolized with a card, most commonly referred to as a green card. But the government also denies thousands of green card applications. There are several possible factors for a green card application denial. The reasons vary from no basis for eligibility to grounds of inadmissibility to failure to properly deal with the application requirements. What’s more, a new policy broadens the powers of immigration officials to deny applications without first issuing a warning. Continue reading

Adjustment of Status Denial Due to Changes in Circumstances

Adjustment of Status Denial Due to Changes in CircumstancesWhen you’re preparing an adjustment of status application package, it goes without saying that you need to be eligible. However, it’s important to remember that you must remain eligible throughout the process and until the green card is issued. Avoid an adjustment of status denial due to changes in circumstances.

It’s common that someone files Form I-485, Application to Adjust Status, and then circumstances change. Continue reading

I-485 Interview Preparation

What to expect at your Adjustment of Status Interview

I 485 InterviewFirst of all, don’t get anxious just because USCIS sent you an appointment notice for an I-485 interview. Almost everyone must go through an interview during the adjustment of status process. In fact, there’s reason to get excited. The I-485 interview is likely the last step in your application process. If all goes well, you’ll be a permanent resident (green card holder) at the end of the interview. Continue reading

Evidence of Bona Fide Marriage to Support a Spousal I-130 Petition

Evidence of a Bona Fide Marriage for I-130 PetitionTo obtain a green card for your spouse, you’ll need to submit Form I-130, Petition for Alien Relative, and evidence of a bona fide marriage to U.S. Citizenship and Immigration Services (USCIS).

Filing the I-130 petition is just the first step in the family-based immigration process. It’s critical that you establish a valid spousal relationship at this point, but also again and again.

In fact, immigration officials will ask additional questions about the relationship during the green card interview. As a conditional resident, the scrutiny will continue. A marriage certificate is necessary, but more evidence is required to prove a bona fide marriage. It’s never too early to begin collecting this evidence.
Continue reading

Overview of the K-1 Fiancé Visa Process

K-1 Fiance Visa Process OverviewA foreign citizen may use the K-1 fiancé visa to travel to the United States for the purpose of marriage to his or her U.S. citizen fiancé. Once married to the U.S. citizen sponsor, the foreign citizen may apply for permanent residence – represented by a green card — inside the United States.

It’s one of two principal ways for a U.S. citizen and foreign citizen to unite in the United States. Alternatively, the couple Continue reading

Financial Sponsor Needed for a Family-Based Green Card

Financial sponsor needed for family based green cardAn 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.

Every person who immigrates based on a family-based visa petition must have a financial sponsor. 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 Form I-864, Affidavit of Support, when the time comes for the person to actually immigrate to the United States. Continue reading

Fiancé Visa Interview Questions: What K-1 Visa Applicants Can Expect

K1 Fiance Visa Interview QuestionsAn 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

Special Considerations for TN Professionals Who Adjust Status

tn visa adjustment of statusTN visa status allows Canadian or Mexican professionals within a certain set of occupations to work in the United States. It’s a nonimmigrant status that can be continually renewed. Because many TN professionals live and work in the United States for many years, they often end up meeting a future spouse in the United States. Once married to a U.S. citizen or permanent resident spouse, TN professionals may generally apply for permanent residence (green card). Although TN visa holders may adjust status to permanent resident, there are some special considerations that should be reviewed before applying. Continue reading

How to Help a Parent Get a Green Card

how to help a parent get a green cardTo help a parent get a green card, the eligibility requirements are generally very simple. As the son or daughter who wants to petition a parent, you must be a U.S. citizen and at least 21 years old. Although it gets a bit more complicated, this privilege also extends to certain step and adopted sons and daughters.

What’s more, immigration law defines parents of U.S. citizens as immediate relatives. Therefore, parents get priority as compared to other preference-based family relationships. There is no numerical limit on immigrant visas for immediate relatives. In other words, there isn’t the long wait associated with other categories when you help your mother or father obtain permanent residence in the United States. The process begins by filing a visa petition for your mother or father. Continue reading

Green Card through Marriage to a U.S. Citizen

Green Card through Marriage to US CitizenGetting a green card through marriage to a U.S. citizen is one of the fastest ways to obtain permanent residence (and citizenship) in the United States. But it can also create significant immigration problems for couples that don’t understand the U.S. immigration system.

Permanent residence is not automatic after marriage. There is an application process that must be followed. Although a green card through marriage to a U.S. citizen is one of the quickest ways to immigrate, there are several steps that include application forms, a medical examination, fingerprinting, and various approvals. For certain people, applying for a green card through marriage can create significant, long-term immigration problems. Continue reading