Tag Archives: removal

Presumptive immigration marriage fraud

When a permanent resident obtained a green card by marriage which later ends in divorce, an immigration petition for a new spouse cannot be approved if filed within 5 years of obtaining permanent residence unless the permanent resident can prove that the earlier marriage by which he obtained a green card was in good faith. But the standard of proof of the earlier marriage is raised beyond that required when the permanent resident was issued a green card by that marriage. Continue reading

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

Can you afford not to hire an immigration attorney for your case?

Some persons dealing with an immigration matter such as applying for a spouse to come to the United States, may ask, ‘Do I really need a lawyer?’, or ‘Can’t I just handle the paperwork myself?’ Unfortunately, the denial rate for applications or petitions filed without an attorney is higher than many realize. The cost in time and money to fix immigration problems that could be avoided is astronomical. Continue reading

Posted in Family Immigration, General Immigration, Naturalization/US Citizenship | Tagged , , , , , , , , , , , | 2 Comments

The unlawful presence bar to re-admission into the United States

Unlawful presence is often a problem for certain persons (e.g. those who entered without inspection or entered on a C1, C1/D or D visa) who are prevented by law from adjusting or changing status in the US but who the law requires to leave the US to apply for a visa at a US consulate.

Unlawful presence is a bar to re-admission after the person leaves the United States and seeks a visa or permission to renter the United States. It is especially a problem to the immediate relatives of US citizens who cannot adjust status but must leave the United States and seek an unlawful presence waiver abroad before they can be issued an immigrant visa. The wait times to get an unlawful presence waiver approved can take many months or more than 1 year during which time the foreign nationals must stay outside the United States and be separated from their immediate US family. Unlawful presence is not a problem for a B visa holder who marries a US citizen, does not leave the United States and seeks adjustment. Continue reading

Posted in Consular processing, Deportation/Removal, Family Immigration, General Immigration, International Adoptions, Non-immigrant Visas, Student and Exchange Visitors, Waivers | Tagged , , , , | Leave a comment

Bona Fide Marriage – Documents to prove that your marriage was in good faith

There are several ways to prove a bona fide marriage for US immigration purposes. In addition to a marriage certificate, the following documents are examples of what an immigrant spouse can offer as proof of a bona fide marriage. As each couple is unique the following is not a substitute for legal advice based on a couples unique facts (prior petitions, age difference, prior removal orders, date of wedding, date of entry into the United States etc). Continue reading

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

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

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

Posted in Deportation/Removal, Family Immigration | Tagged , , , , , , , , , | Leave a comment

Passing the Stokes interview and Stokes interview sample questions

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.

Continue reading

Posted in Family Immigration, General Immigration, Non-immigrant Visas | Tagged , , , , , , , , , , , | Leave a comment

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.

Continue reading

Posted in Deportation/Removal, Family Immigration, General Immigration, Non-immigrant Visas | 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

B2 visa extension of stay

I came to the US from Jamaica on a visitor visa to spend some time with my daughter and see my grandchildren. Three months ago month my daughter slipped on ice and broke her leg and now she relies on me to move around and accompany her when she goes out. The doctor treating my daughter said her leg will take two more months to heal but only one month remains on my I-94 form.

How do I extend my stay in the United States?

To maintain your non immigrant status you must file an application for extension of stay before your current period of authorized stay, on your I-94, expires. It is important that you file immediately. If you fail to apply for an extension before your current authorized stay expires, in the future you could be denied readmission into the United States or a green card.

The application process to extend your stay depends on the type of non-immigrant status that you have. In your case because you have B2 non-immigrant status you must use USCIS Form I-539 with the required fee and supporting evidence. The application must be made to the USCIS service center with jurisdiction for your area.

Required documentation

Original or Photocopy (front and back) of your I-94 Arrival-Departure document. If your I-94 is lost you must file and submit USCIS Form I-102 with the appropriate fee together with Form I-539.
Photocopy of your passport showing that it is valid for the period of your intended stay.
Written statement/letter

You must also submit a written statement explaining in detail;

The reason for the extension,
Departure arrangements, and
Any effect the extension would have on your permanent residence and employment in Jamaica.
Continue reading

Posted in General Immigration, Non-immigrant Visas | Tagged , , , , , , , , | Leave a comment