Tag Archives: Adjustment of Status
The following is a checklist for an I-130 Petition for Alien Relative for a US citizen or Lawful Permanent Resident sponsoring an immediate relative or family preference alien to get a US green card. As each case is unique the list is … Continue reading
In the past only widows and widowers could continue to seek immigration status despite the death of their petitioning spouse. For many years, USCIS had taken the view that the law did not let the beneficiary of a visa petition get approval of the petition if the petitioner died while the petition remained pending (i.e. the petition died with the petitioner). Furthermore USCIS had internal rules for revocation of approved petitions when the petitioner died.
But Congress under INA 204 (l) (Department of Homeland Security Appropriations Act, 2010) has expanded the categories of persons who may continue to seek immigration status (as though the petitioning relative had not died) to other categories of relatives, as well as to T and U non-immigrants, I-730 asylum derivatives, and derivative beneficiaries in employment and family-based preferences.
A conditional permanent resident CPR who obtained his or her green card status through marriage of less than two years to a U.S. citizen or lawful permanent resident must file Form I-751, Petition to Remove the Conditions on Residence, on time to remove the conditions on residence. A failure to file the I-751 will end permanent resident or green card status.
Some immigration officers are more interested in questioning a couple than in paper documentation of the marriage. Even with extensive documentation of the good faith of the marriage they may still put more weight and credibility on what is learnt from the couple’s face to face adjustment of status interview. As there are no magic list of immigration marriage interview questions, preparation for the immigration marriage interview is critical.
If you fail to convince the immigration officer at your first marriage immigration interview that your marriage is in good faith, the USCIS may give you written notice of a marriage fraud interview known as a Stokes interview. A Stokes interview is a taped interview in which the USCIS separates you and your spouse and ask questions. The goal is to decide whether your marriage is in good faith and not solely for gaining an immigration benefit.
Adjustment of status is the process of applying for a green card (become a lawful permanent resident) by non-immigrants who are already in the United States. The applicants are not required to leave the United States and go through the hassle and delay of applying abroad.
An adjustment of status by USCIS is discretionary. Obtaining a green card is a privilege, not a right. USCIS will check the applicant’s immigration and criminal history carefully to decide if there are any obstacles (in-admissibility factors) that could prevent issuance of a green card. However, applicants married to a United States citizen may have some obstacles waved such as overstaying or earlier unauthorized work. Even if the applicant has a criminal history that could be an obstacle, he may be able to able to apply for a waiver. A waiver is a request that the immigration service “forgive” past criminal convictions or other obstacles. Continue reading
Once the USCIS approves the k1 visa petition it will then send it to the National Visa Center for forwarding to the proper consular post. Once the consulate receives the petition it will issue a letter to you stating that the consulate is ready to begin processing your k 1 visa application.
The Consulate will send you a set of document often called Packet 3 in order it to process your case. Sometimes the Consulate will not include the above forms. Rather it will send a letter with the applicant’s case number and a visa sheet with step by step instructions on how to go ahead. If this is the case the applicant can download the forms from the consulate website and return them to the Consulate.
The LIFE Act of 2000, allows an alien who
1. has a valid marriage to a U.S. citizen (husband or wife) and who is
2. the beneficiary on Form I-130, Petition for Alien Relative, and
3. the beneficiary of an approved petition on Form I-129F, Petition for Alien Fiancé(e),
admission into the United States as a K3 non-immigrant to adjust to immigrant status (get a green card) while inside the United States. The K3 visa is different from the K1 visa in that the K1 alien is merely engaged to marry a U.S. Citizen and is seeking admission as a non-immigrant K1 to get married in the United States and adjust to immigrant status (green card).