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Tag Archives: United States
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 Birth Certificate, divorce, green card, Joint Tax, removal, United States, US, uscis
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Renouncing U.S. citizenship to avoid paying taxes
With concern over higher tax rates in the United States relative to some low tax destinations such as Singapore and Belarus, and the rise of economic citizenship in many emerging countries around the world a record number of United States citizens have sought to renounce citizenship to avoid taxation. Many have even inquired about “relinquishment” without full “renunciation” to avoid paying U.S. taxes while still preserving U.S. citizenship and its benefits. Continue reading
Application of the Fourth Amendment to unreasonable searches in deportation cases
A search under the Fourth Amendment takes place any time there is an intrusion into an area where a person has a reasonable expectation of privacy. An example of a place where a person has a reasonable expectation of privacy is in a house or dwelling. This is consistent with the age-old English law maxim that every man’s house is his castle and fortress [Sir Edward Coke, Semayne's Case (1605)]. Therefore the Fourth Amendment applies when the police or ICE agents enter a dwelling or intrudes upon anything on which a person has a reasonable expectation of privacy. The Fourth Amendment requires that the search be reasonable. Continue reading
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
The big mistake of lying to immigration to get a visa or green card
A finding of either fraud or misrepresentation makes an alien inadmissible under INA 212 (a)(6)(C) (i). Most cases involving inadmissibility under this ground involve misrepresentation and not fraud because fraud is often more difficult to prove. The penalty for fraud or material misrepresentation is lifetime ban from the United States unless the foreign national can get a hardship waiver. Additionally a foreign national who makes fraudulent statements or use fraudulent documents (e.g. using a passport and visa issued to a family member) to get admission into the United States may be subject to criminal prosecution and imprisonment. The foreign national may also be subject to a civil document fraud order by an administrative law judge for making or using false documents, or using documents issued to other persons. Continue reading
Posted in Business & Employment Immigration, Consular processing, Family Immigration, General Immigration, Naturalization/US Citizenship, Non-immigrant Visas, Student and Exchange Visitors, Waivers
Tagged DHS, INA, Material Misrepresentation, Nationality Act, United States, United States Citizens, VAWA, waiver
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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
The naturalization interview (N-400 interview)
After you have filed form N-400 with supporting documentary evidence and the USCIS has received notice from the Federal Bureau of Investigations that a full criminal background check is complete, the USCIS will send you an appointment notice for your naturalization interview or citizenship interview.
The law requires the USCIS interviewing officer to use information provided in the naturalization interview, the documents submitted by you and your A-file to decide whether to grant your application for naturalization. Therefore the naturalization interview is a vital part of becoming a United States citizen by naturalization. Continue reading
Posted in Family Immigration, General Immigration, Naturalization/US Citizenship
Tagged ID, United States, uscis
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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
Green card for brothers and sisters of U.S. citizens
The visa category for siblings of adult U.S. citizens (the fourth preference category) has a notoriously long backlog. Currently it takes at least 11 years before a visa number becomes available for the sibling of a U.S. citizen. Petitions for fourth preference category for Mexico have a jaw dropping 20 year backlog! Continue reading
Posted in Family Immigration, General Immigration
Tagged divorce, green card, Mexico, Nationality Act, United States, US, uscis
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