Tag Archives: Permanent Resident

Removing conditions on permanent residence when the U.S. petitioner dies

For those who receive a green card through a marriage that is less than two years old on the date the green card is received, Section 216 (d) (2) of the Immigration and Nationality Act provides that a conditional permanent resident must file a joint petition to remove conditions on residence I-751 within 90-day period before the second anniversary of receipt of conditional resident status – count back 90 days from the second anniversary of the Permanent Resident Card. Waiting until the last few days to send the I-751 petition with supporting evidence is a bad idea. It should get to the USCIS before the conditional green card expires. It is always a good idea to have proof of delivery. Continue reading

Posted in Family Immigration, General Immigration, Waivers | Tagged , , , , , , , , , , , , , | Leave a comment

Backdating passport stamps

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.

Continue reading

Posted in General Immigration | Tagged , , , , , , , , , | Leave a comment

The Green Card Marriage Interview – green card fraud

After a US Citizen petitions for a non-immigrant spouse to get a US green card, the United States Citizenship and Immigration Services will often schedule a green card interview for the couple at a local service office. The subject of this green card interview is to decide whether the marriage is a good faith, or bona fide marriage.

What is a Good Faith Marriage?

A good faith marriage is legally valid according to the jurisdiction where the couple exchanged vows. Additionally, it cannot violate the laws of the United States (e.g. a polygamous marriage will not confer an immigration benefit) and was not entered into solely to get a US green card. The issue in the interview is whether a good faith marriage exists and not whether the marriage is practical (whether it will last a long time).

What is a Sham Marriage?
Continue reading

Posted in Family Immigration, General Immigration | Tagged , , , , , , , , , , , , , , , | Leave a comment