Tag Archives: Immigration Attorney
A conditional permanent resident (CPR) must file Form 1-751 with supporting evidence and the correct filing fee to remove the conditions on his or her residence within the 90-day period immediately before two (2) year anniversary of the date on which he or she obtained permanent residence. USCIS may waive the need to file within 90 days under certain rare circumstances. Normally the CPR and the CPR’s spouse who filed the original immigrant visa petition Form I-130 or fiancé (é) petition Form I-129F through which the CPR obtained permanent residence will file a Petition to Remove the Conditions on Residence Form I-751 with USCIS. Both the CPR and the CPR’s spouse must sign the form. Continue reading
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.
After you have filed your adjustment of status package including the marital petition, form I-130, form I-485 application to adjust status and form I-765 application for employment authorization document, USCIS will send you a biometrics notice to take fingerprints followed by a notice in the mail telling you when and where to attend a green card interview. To be sure you get the interview notice you must change your address with USCIS while your applications are pending by mailing a completed and signed form AR-11 Change of Address form or completing a Change of Address online.
The petition is the first step in the k1 visa process before the foreign fiancé applies for a k1 visa at a United States consulate. A U.S. citizen petitioner must first file a K1 visa petition for her foreign fiancé, the beneficiary. The petitioner will complete and sign form I-129F providing USCIS information about her including her criminal history, if any. She will also provide information about her foreign fiancé and child (ren), if any. The petitioner must send I-129F petition and supporting documents to USCIS. If the petitioner has not yet met her foreign fiancé she should plan her trip or their meeting with the supporting evidence in mind and gather the proper evidence of the relationship.
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 US Consulate or USCIS will presume that an applicant who fails to produce or send required documents is ineligible for a visa or other benefit (e.g. a green card). The good news however is that the applicant still prove eligibility using secondary evidence.
If a birth or marriage certificate is unavailable, an applicant must offer proof by obtaining a certificate of unavailability from the government agency where such documents originate. The State Department Country Reciprocity Schedule indicates what type of country documents are unavailable for applicants from particular countries.
In addition to obtaining a certificate of non-availability (also called certificate of unavailability) the applicant must also bring or send secondary evidence of the event such as; a passport,
church records, baptismal records, adoption decrees, hospital records, school records, and affidavits. Continue reading
Any non-citizen of the United States – Green card holders, those with non-immigrant status, in or out of status, and undocumented persons may apply for a U Visa provided they are victims of qualifying criminal activity and meet other qualifying requirements. The applicant need not be present in the United States at the time he or she applies. But the non-citizen must have suffered substantial physical or mental abuse as a result of qualifying criminal activity.