Tag Archives: Immigration Navigator
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.
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).
A K1 visa is a non-immigrant visa designed to speed up the immigration to the US of the fiancé (e) of a U.S. Citizen and his or her unmarried children under 21 years of age. The K1 visa is different from the K3 visa which is a non-immigrant visa expedite the immigration of the spouse of a U.S. Citizen and his or her unmarried children under 21 years of age.
The K1 visa status permits the fiancé (e), the K1 visa beneficiary, to enter the US for 90 days period to marry the US Citizen Petitioner and apply to adjust status to permanent residence.
With limited exceptions, failure to appear for a scheduled interview can result in the denial of the related application or petition for abandonment. An unintended failure to appear for an interview may result when the notice of scheduled interview is sent to the wrong address because of USCIS processing errors for a timely filed change of address form AR-11. It can also result by an alien’s failure to file a timely change of address while an application or petition is pending.
Non-US passport holders (holders of green cards and non-immigrant visas) who illegally “backdate” or “back-stamp” their foreign passports to forge their actual physical presence in the United States are subject to removal and cancellation of their US visas.
The illegal practice of backdating arises because visitors who spend too much time in the States may be thought of as having immigrant intent, and permanent residents who spend too much time outside the U.S. may be deemed to have abandoned their U.S. Permanent Resident status.
For a permanent resident child to acquire automatic US Citizenship the law requires that:
1. at least one parent must be a US citizen;
2. the child must be under 18 years old; and
3. the child must reside in the US in the legal and physical custody of a US Citizen Parent (the child must be still living with a US Citizen Parent).
All three citizenship requirements must be met at the same time.
One of the most shocking things to happen to potential immigrants to the United States is for them to suffer abuse or domestic violence at the hand of their US Citizen or Permanent Resident Spouse. Many people come to the United States for a better life but wind up living a nightmare of silent abuse and domestic violence.
The documents that must be filed with USCIS in an adjustment of status, removal of condition or other green card case are time-sensitive. Your case may be denied if the right document is filed late.