Tag Archives: BIA

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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An explanation of how polygamy may affect eligibility for an immigration visa

Under the current law (Section 212 (a)(10)(10) of the Immigration and Nationality Act) a foreign national must actually intend to practice polygamy in the United States to be ineligible for an immigrant visa. The current law does not prevent a polygamist or someone who practiced polygamy in the past or expresses a belief in polygamy from being eligible for an immigrant visa. But aliens coming to the United States to practice polygamy are barred.

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A discussion of the frightening Notice to Appear

Removal proceedings are one of the most serious consequences that an alien can face. This is especially so for an alien who has lived continuously in the United States for a long time such as more than 10 years. It is also a frightening experience for their United States family who are citizens or permanent residents. United States parents, spouse or children may also suffer extreme and unusual hardship if an alien is deported. Continue reading

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An explanation of K1 Fiancé Visa Adjustment of Status and Divorce

A person in K1 status can only adjust based on marriage to the US citizen petitioner, not another marriage

Sometimes a k1 fiancé visa marriage like any other marriage does not always go as plan despite even the best intention. Sometimes there is a breakdown in the marriage, a k1 visa divorce and the foreign national has questions for an immigration lawyer about his/her eligibility for adjustment of status and a green card.

A k1 visa holder can only adjust status on the basis of a marriage to the US citizen petitioner within 90 days of admission to the United States. The Immigration and Marriage Fraud Amendment of 1986, explicitly prohibits a person in K1 status from adjusting on the basis of marriage to someone else.

What the K1 must show if there is a divorce

If the marriage occurred within 90 days, a person in K1 status (and her dependent children admitted in K2 status) can still adjust status to that of an alien lawfully admitted to permanent residence even if the marriage ends in divorce. Matter of Alfred Sesay, 25 I&N Dec. 431 (BIA 2011) & Matter of Le, 25 I&N Dec. 541 (BIA 2011).
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How to Register a Change of Address for Foreign Nationals

With limited exception non-US Citizens including lawful permanent residents (green card holders) must notify the Department of Homeland Security of their change of address within 10 days of moving. This requirement has been more enforced since September 11, 2001. The failure to register a change of address is punishable by a fine, imprisonment or removal from the United States.

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US Immigration and same sex or transsexual marriages

It is the federal definition of marriage under The Defense of Marriage Act (DOMA), that determines whether a same sex or transsexual marriage is valid for immigration purposes, not state law.
Any relative petition (I-130 petition for alien relative, I-129F Petition for Alien Fiancé (e)) that is based on same sex marriage will most likely be denied. Still there are several instances where same sex relationships could be potentially beneficial in an immigration context.

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