Family Immigration
What is the time frame for Consular Processing?
You will make an appointment with the consulate ahead of time, and go in that day for your visa. They will probably tell you that day whether or not you have been approved for your nonimmigrant visa. If you are approved, it will take about a week to process the visa. If you are put […]
Read MoreWhat are the documents needed for a Consular Process?
You will need a valid passport with updated passport photos. If you are applying for a visa based on your marriage, it is a good idea to bring updated evidence that the marriage is still ongoing, that it is a valid marriage, and if you have joint documents or have visited each other over the […]
Read MoreWhat happens during a consular process interview?
The Consulate officers will go over both your documentation and the application to make sure you actually qualify for the visa.
Read MoreWhat is a 3 -10 year Bar?
If you are in the United States illegally for more than 180 days and then leave the United States, you cannot return for 3 years. If you are in the United States illegally for more than a year and then leave the United States, you cannot come back for 10 years. The 3-year bar does not apply […]
Read MoreWhat should I do if my spouse entered the US illegally and I am a US citizen?
If your spouse entered the United States illegally, there is no way for them to adjust their status in this country. They would apply for a waiver here in the United States before they left, hopefully have it approved, and then apply for their visa at the U.S. Consulate abroad.
Read MoreCan I wait out the 3-year Bar and then reapply for tourist visa?
You can wait outside the United States for three years and apply for a tourist visa when you want to come back. The consulate office must agree to give you a visitor’s visa. Demonstrate to the consulate office that you have every intention of going back home after your visit in order to convince the officer that […]
Read MoreCan I file a waiver of the 3-year Bar?
If you are subject to the 3-year and 10-year bar, you are going to need to apply for a waiver. You must have a qualifying relative that can demonstrate extreme hardship. A qualifying relative for the waiver is a United States citizen or Green Card holder, spouse or parent. There is no provision in the law […]
Read MoreWhat is a Green Card?
A Green Card gives you the right to live and work in the United States permanently and potentially sponsor your spouse to come and live in the United States. After five years, or three, if you are married to a United States citizen, you have the right to apply for US citizenship.
Read MoreHow long can I stay out of the US without losing my Green Card?
Once you have your Green Card, you should not stay out of the United States for more than six months at a time because you may interrupt your continuous presence in this country. You will interrupt your continuous presence in this country if you stay out of the United States for more than one year at a […]
Read MoreHow can I sponsor my spouse, children or parents as a Green Card holder?
You are an immediate relative if you are sponsoring your parent, your spouse, or your child. They are eligible to change status if they have entered the United States legally and you can demonstrate the means to support your family over the poverty level, even if they have stayed here illegally for numerous years. They would file for […]
Read MoreHow can I renew my 10 year Green Card?
If you have had a Green Card for 10 years and it needs to be renewed, use an I-90 form.
Read MoreWhen can I renew my 2 year Green Card?
The 2-year Green Card is for two years, but it is important to see on the card that it will expire after a certain period of time. You have to file the 751, the petition to remove the condition, within 90 days of the date of the expiration.
Read MoreCan my employer sponsor me for my Green Card?
If you are illegally in the United States, an employer cannot sponsor you for a Green Card because you are out of status. If you are in status on an H1B or a student visa, your employer can sponsor you for a Green Card.
Read MoreHow can I apply for my children, if I have a Green Card?
If your children are here illegally, they probably won’t be able to get a Green Card. If your children are living abroad and you have a Green Card, you can file an I-130 petition and they can come to the United States. US Immigration allows a certain number of people to come into the United States […]
Read MoreCan I sponsor my parents if I have a Green Card?
Unfortunately, the answer is no. You can only apply for your parents once you become a United States citizen. If you have a Green Card, you can only file for your spouse or children.
Read MoreWhat are the requirements to file an Adjustment of Status, if I am married to US citizen?
Based on marriage, you need to show that you have legally entered the United States, the beneficiary, or the person has been covered under INA-245-I, meaning that they either filed a labor certification or some type of family-based petition before April 30, 2001. You are going to have to demonstrate it is a real marriage. The beneficiary, […]
Read MoreWhat will happen in my Adjustment of Status Interview?
At the interview, the officer will ask you basic questions about your marital status or your relationship if it’s a family-based type of application. You also must have documentation to show you are living together and that the marriage is legitimate. They are going to also want to make sure that the intending immigrant, the beneficiary, is admissible […]
Read MoreWhat documents are required at the adjustment of status interview?
They are going to want to see your original marriage certificate. If the case is based on marriage, they are going to want to see the original birth certificate of the beneficiary. If you are filing for a Green Card based on marriage and your spouse is a United States citizen, original proof of citizenship is required. […]
Read MoreMy Spouse died before my Adjustment of Status Interview, can I still adjust my status?
Yes, assuming that the marriage was valid and you can provide sufficient evidence. Likely you would file a different type of petition and it may take longer to obtain your Green Card status, but it is certainly possible.
Read MoreCan I work in the US while I my application for adjustment of status is pending?
Yes. When you file the adjustment of status application, you automatically file for employment authorization. Employment authorization will take approximately 75 to 90 days to be approved. You are not supposed to work prior to obtaining an employment authorization. Yet there are approximately 11 million people in the United States working without authorization. You should not work. […]
Read MoreWhat are the requirements to file an I 130 petition for a sibling?
You need proof that the petitioning sibling is a United States citizen. You need to prove the relationship. You will submit a copy of the petition, the U.S. citizen’s birth certificate, and your own birth certificate.
Read MoreWhat is a waiver?
A waiver denies the grounds of inadmissibility. If you are applying for a Green Card or a non immigrant visa and you are inadmissible to the United States, Immigration is going to require you to apply for a waiver.
Read MoreWhat is PERM?
PERM is the process of applying for a Green Card through work. The PERM process is demonstrating to the US Department of Labor that there are no qualified U.S. workers out there to do the job that your employer is offering to you. If there are U.S. candidates who are qualified for the position, you cannot […]
Read MoreWhat are the documents that I have to submit with the fiance petition?
A student visa allows an international student to go to school in the United States. They need to be accepted to a school that issues I-20s, which allows a student permission to enter the United States. The student will have to go to the U.S. Consulate with the I-20 and show financial evidence of how they will […]
Read MoreHow does my fiance obtain permanent resident status?
Once your fiancé has obtained their immigrant visa to come to the United States, their fiancé visa, you need to be married within 90 days of their entry. Once you are married, you will have to file for an I-45 along with the financial and medical documentation. Immigration will request an interview to make sure you are […]
Read MoreMy fiance has a child, can the child come to the US with my fiance?
If your fiancé has a child that you would like to bring to the United States as well, they both can come to the United States together, presuming that the child is under 21. They would go into their interview at the Consulate and apply for a fiancé visa. The child is going to be issued a […]
Read MoreCan my fiance enter the US without a Visa to come here so we can get married?
You may come to the United States for the purpose of getting married. Most people require a Visa to enter the United States. If you are from a country that does not require a Visa, you will need a passport to show that you are from that country to enter the United States. If you are […]
Read MoreWhat if we are engaged but we have no formal plans to get married?
If you are engaged and have no formal plans to get married, then you are probably going to be considering a fiancé visa. You must be married within 90 days of their entry.
Read MoreI entered the US on a fiance visa but we never got married, how can I stay in the US?
If you come to the United States on a fiancé Visa and don’t marry your fiancé, you have very limited options to stay in the United States, even if you marry another U.S. citizen. The K-1 visa is specifically permitting you to come into the United States to marry the K-1 petitioner. If you marry your fiancé […]
Read MoreWhat is a 601-A provisional waiver?
Provisional waivers are a way to alleviate families having to be separated for a long period of time, leaving the United States without knowing whether or not they can come back. The provisional waiver allows you to go through the process inside the United States and get a decision on the waiver before you leave. If the […]
Read MoreWhat are the requirements to file 601 A provisional waiver?
You need an immediate relative petition filed on your behalf and you must demonstrate extreme hardship either to a U.S. citizen or lawful permanent resident, parent or spouse. Once the I-130 is approved, the waiver kicks in and you have to demonstrate hardship either to a parent or spouse.
Read MoreCan I apply for waiver if my US citizen sibling files for me?
The only qualifying relative who is eligible to demonstrate extreme hardship when applying for a waiver is a U.S. citizen or lawful permanent resident, parent or spouse. If your petition is based on a sibling petition and you have no other family in the United States, you are not going to be able to demonstrate extreme hardship. […]
Read MoreDo I have to leave the US before I file my 601 A provisional waiver?
You have to leave the United States at some point. You can do the whole process in the United States and wait here until your application is approved before you go home. You will know when you need to leave the United States.
Read MoreHow can I show extreme hardship for my waiver?
You must demonstrate, with detailed documentation, how it will affect your family if you have to leave the United States and they stay behind, and how will it affect your family if they leave the United States and go with you.
Read MoreWhat is a I-751 petition?
An I-751 petition is a petition to remove the conditions on your Green Card.
Read MoreWhat are the requirements to file I-751 petition?
Along with your I-751 petition, you are going to need documentation to show that you are still living together since you got your Green Card. Immigration wants to see overwhelming evidence that you have been commingling your assets and your finances for the past 2 years.
Read MoreCan I remove my Green Card conditions if I am divorced from my US citizen ex-spouse?
If you are divorced, yes, you certainly can go ahead with your 751. Indicate on your I-751 that you were married in good faith, but the marriage has been terminated due to divorce or annulment. You also have to demonstrate to immigration that although you are divorced, the married was entered into good faith. If possible, add […]
Read MoreDo I lose my 2 year green Card if my US citizen husband leaves me before I file my I-751 petition?
You can still get your permanent green card. You should file for divorce and notify that on your 751. Immigration will see an action for divorce and request an RFE, which requests evidence of a final divorce. You must show that the marriage was legitimate. You may be interviewed about the circumstances.
Read MoreCan I travel after my I-751 is filed?
You are still a lawful permanent resident even after your Green Card is expired and while your 751 is pending. If your case got denied and you were referred to an immigration judge, you are still eligible to travel while that case is pending.
Read MoreWhat is an I765 and what are the requirements to get a work Permit?
An I-765 is the application to apply for a work permit. You can only apply for a work permit on the form I-765 if you have some type ofGreen Card or asylum application pending with immigration.
Read MoreIf I granted a work permit, does it mean my application was approved?
The work permit, that is approved on the I-765 form, is just an interim benefit and does not guarantee your case is going to be approved. This interim benefit presumes that, within the next year, your Green Card case will be resolved and approved.
Read MoreWhat is Consular Processing?
Consular processing is when you go to the consulate for an interview, either to get an immigrant visa, like a Green Card; or a non immigrant visa, such as an H-1B, a visitor’s visa, a student visa,or any of the non immigrant visas that you want to come in temporarily to be here in the United States.
Read More