It is possible to avoid the dreaded I-751 interview. No couple wants to visit U.S. Citizenship and Immigration Services (USCIS) to be prodded with personal questions about their marriage. What’s more, the stakes are high. If 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 on 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
Since September 2017 the Trump Administration has had a policy to end the Deferred Action for Childhood Arrivals (DACA) program. Although the decision to wind down DACA has been stopped in the courts for now, the future of the program is uncertain. This has put a renewed emphasis for many DACA recipients to find other paths to legal status. Obtaining a DACA green card through marriage to a U.S. citizen is one of the most common ways to gain legal status.
The DACA program does not provide a direct path to permanent residence (green card). However, certain individuals with DACA can apply for permanent residence in the United States. In other words, under current immigration law, no individual can apply for a green card on the basis of having DACA. There must be some other factor that makes a DACA recipient eligible for a green card. These factors may include marriage to a U.S. citizen, certain employment, and others. The most common scenario, and the focus of this article, is a DACA recipient who marries a U.S. citizen and then wants to adjust status to permanent resident. 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
Although it isn’t a military secret per se, MAVNI is a small and very exclusive program that benefits immigrants and the U.S. military. Military Accessions Vital to the National Interest (MAVNI) is a special recruiting program that has been available to certain immigrants interested in joining the U.S. military. Generally, immigrants must be permanent residents to join the military (see Military Enlistment Requirements); once enlisted these green card soldiers can take advantage of expedited citizenship. However, MAVNI allows certain non-citizens in the United States to join the military and thereby gain eligibility for U.S. citizenship without first having to go through the lengthy process of obtaining a green card. Continue reading
Many people are carrying an expired green card right now. Because you don’t use your card everyday, it’s easy for an expired card to go unnoticed. By law, permanent residents must carry a valid green card at all times. But in practice, this rarely happens and is rarely enforced by the U.S. government.
When a green card expires, it’s natural to procrastinate before renewing it. After all, the USCIS fee to renew or replace a green card is currently $540. That’s a lot of money for anyone. But an expired green card does have consequences that can be even more costly. Continue reading
One of the common reasons permanent residents don’t apply for U.S. citizenship – cost. It presently costs $725 to file Form N-400, Application for Naturalization. That’s a lot of money. And the cost of citizenship will only get more expensive in the future as U.S. Citizenship and Immigration Services (USCIS) raises fees.
There are approximately 13 million immigrants in the United States who are lawful permanent residents, otherwise known as green card holders. According to the U.S. Department of Homeland Security, an estimated 8.7 million of those permanent residents are eligible to naturalize, or become a U.S. citizen. Yet many are trapped in an expensive cycle of green card renewal.
The best way to escape this cycle is Continue reading
Resources for permanent residents to overcome barriers like money, age, language, and civics knowledge.
If you’ve put off naturalization because you think it’s too difficult or too expensive, think again. Provisions in the law and numerous free resources are making it easier than ever to become a U.S. citizen.
CitizenPath published a free guide for permanent residents that want to become U.S. citizens through the naturalization process. The free guide includes 44 pages of tips and valuable information about the naturalization process. It even includes 100 sample test questions and a necessary vocabulary list. Continue reading
How to prepare for your test and interview after filing Form N-400
The naturalization interview is the final obstacle for permanent residents that have filed Form N-400 to become U.S. citizens. Near the end of the N-400 processing time line, U.S. Citizenship and Immigration Services (USCIS) will mail you an appointment notice for the naturalization interview. If everything goes well, you will most likely know if USCIS will grant you U.S. citizenship by the end of the appointment.
A USCIS officer will conduct your naturalization interview in a private office or cubicle. The officer begins the interview by asking you to raise your right hand and swear to tell the truth during the interview. Continue reading
When filing Form I-751 to remove the conditions on residence, the conditional permanent resident also needs to submit evidence that the relationship was entered in “good faith.” USCIS wants to confirm that the marriage was not entered into for the purposes of evading immigration laws. Much confusion surrounds the need to submit I-751 affidavits.
These “letters of support” are letters written by people that know the couple and have first-hand knowledge of the relationship. The I-751 affidavit helps support other evidence that the couple submits to demonstrate that the marriage was entered in good faith and is a not a “sham” marriage. Continue reading
If you received a conditional green card through marriage to a U.S. citizen, you may have questions related to getting your 10-year green card and how to remove conditions on green card. We’ve compiled a list of frequently asked questions related to preparing and filing Form I-751, Petition to Remove Conditions on Residence.
CitizenPath’s online software helps conditional residents prepare Form I-751. Based on our experience, we wanted to share some of the most common questions related to removal of conditions and filing the I-751 petition. Continue reading