Category Archives: Family Immigration

I want to bring family to the U.S. from another country. I am marrying someone from another country and would like to bring him or her to the U.S. I have married someone from another country and we want to get my spouse a green card. I want to bring my fiancé/fiancée to the U.S. and get married.

Immigration and Criminal Records

There is no such thing as a criminal charge that is not serious. An applicant’s criminal history, even of incidents that happened many years ago is very relevant in immigration proceedings such as naturalization and adjustment of status. Continue reading

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The Green Card by Marriage Interview: Are You Ready?

The green card marriage interview will have a significant impact on your life. Many applicants feel intimidated and are anxious. It helps to understanding the purpose of the interview, the US immigration officer’s role and your role. Continue reading

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10 years green card and immigration marriage fraud

As a Las Vegas immigration lawyer dealing with marriage immigration cases, it is true that love knows no borders. Many bi-national couples have long and happy marriages. But it is also true that not every foreign national marries a US citizen or permanent resident with the best of intentions. Continue reading

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The US Green Card – Your ticket to the American dream

A US green card is the most desired card in the world. Hundreds of millions around the world dream of having a green card to begin a new and better life in the United States. The US green card (officially called Form I-551) is evidence of your permanent resident status in the United States. Continue reading

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Presumptive immigration marriage fraud

When a permanent resident obtained a green card by marriage which later ends in divorce, an immigration petition for a new spouse cannot be approved if filed within 5 years of obtaining permanent residence unless the permanent resident can prove that the earlier marriage by which he obtained a green card was in good faith. But the standard of proof of the earlier marriage is raised beyond that required when the permanent resident was issued a green card by that marriage. Continue reading

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Refiling a spousal immigration petition after a withdrawal

A petitioner who withdraws a petition with admissions of a fraudulent marriage (e.g. the marriage was a favor to a friend, and we only lived together to make it look real) and then re-files a petition for the same beneficiary has a heavy burden of proof to get approval of a visa petition for the beneficiary. Continue reading

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Can you afford not to hire an immigration attorney for your case?

Some persons dealing with an immigration matter such as applying for a spouse to come to the United States, may ask, ‘Do I really need a lawyer?’, or ‘Can’t I just handle the paperwork myself?’ Unfortunately, the denial rate for applications or petitions filed without an attorney is higher than many realize. The cost in time and money to fix immigration problems that could be avoided is astronomical. Continue reading

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The unlawful presence bar to re-admission into the United States

Unlawful presence is often a problem for certain persons (e.g. those who entered without inspection or entered on a C1, C1/D or D visa) who are prevented by law from adjusting or changing status in the US but who the law requires to leave the US to apply for a visa at a US consulate.

Unlawful presence is a bar to re-admission after the person leaves the United States and seeks a visa or permission to renter the United States. It is especially a problem to the immediate relatives of US citizens who cannot adjust status but must leave the United States and seek an unlawful presence waiver abroad before they can be issued an immigrant visa. The wait times to get an unlawful presence waiver approved can take many months or more than 1 year during which time the foreign nationals must stay outside the United States and be separated from their immediate US family. Unlawful presence is not a problem for a B visa holder who marries a US citizen, does not leave the United States and seeks adjustment. Continue reading

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The big mistake of lying to immigration to get a visa or green card

A finding of either fraud or misrepresentation makes an alien inadmissible under INA 212 (a)(6)(C) (i). Most cases involving inadmissibility under this ground involve misrepresentation and not fraud because fraud is often more difficult to prove. The penalty for fraud or material misrepresentation is lifetime ban from the United States unless the foreign national can get a hardship waiver. Additionally a foreign national who makes fraudulent statements or use fraudulent documents (e.g. using a passport and visa issued to a family member) to get admission into the United States may be subject to criminal prosecution and imprisonment. The foreign national may also be subject to a civil document fraud order by an administrative law judge for making or using false documents, or using documents issued to other persons. Continue reading

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Bona Fide Marriage – Documents to prove that your marriage was in good faith

There are several ways to prove a bona fide marriage for US immigration purposes. In addition to a marriage certificate, the following documents are examples of what an immigrant spouse can offer as proof of a bona fide marriage. As each couple is unique the following is not a substitute for legal advice based on a couples unique facts (prior petitions, age difference, prior removal orders, date of wedding, date of entry into the United States etc). Continue reading

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