Green Cards

Marrying Somone Who is Not from the U.S.

I have written a lot of articles about immigration issues and processes for U.S. Citizens who are engaged to or married to foreign nationals. I was reviewing the articles on my site the other day and it occurred to me that the majority of the articles I have written are intended for international couples who have already decided to get engaged, married, and live their lives together in the U.S. And in most cases, these articles assume that my audience has already decided which immigration process to pursue.

I overstayed my visa, can I still apply to adjust my status?

Generally speaking, in order to adjust your status to a lawful permanent resident you must be in lawful status. However, there is a large exception that applies to many prospective adjustment of status applicants. Immediate relatives of U.S. Citizens who entered the U.S. legally but are currently out of status may apply for adjustment of status. Immediate relatives of U.S. citizens include parents, spouses, and children (unmarried and under 21) of U.S. citizens.

I obtained my green card through my U.S. Citizen spouse and we are now getting divorce what can I do?

If you obtained your lawful permanent residency through marriage to a U.S. citizen and you are now going to be divorced there may be serious consequences.

Foreign nationals who obtain lawful permanent residency through marriage to a U.S. citizen are initially granted conditional lawful permanent residency for a period of 2 years. Ninety days prior to the expiration of this 2 year period the conditional lawful permanent resident and his or her U.S. Citizen spouse are required to file a joint petition to remove the conditions on the residency.

My spouse entered the country illegally how can he/she legalize status?

Cases that involve foreign nationals who entered the United States illegally are difficult. First, it is important to define what it means to be illegal. For immigration law purposes, a person who is an illegal alien is one who entered the country without inspection by an immigration officer. Simply put, this means someone who snuck across the border.

Fiance Visa and Immigrant Visa Denials on the Rise

Members of the American Immigration Lawyers Assocation, or AILA, recently reported some outstanding statistics about denial rates for visas to the U.S. In fiscal year 2009. The Department of State (the government agency responsible for adjudicating visa applications) denied and returned over 54,000 visa applications to the USCIS for revocation. Although no case specific date was presented, AILA experts believe that a majority of these denials were marriage-based immigrant visa petitions or fiance visa petitions.

My child is a U.S. citizen can he file a immigrant visa petition for me?

Parents of U.S. citizens are considered immediate relatives of U.S. citizens. This means that an immigrant visa is available for the parent. However, a child cannot file a petition for his or her parent until he or she reaches the age of 21.

Issuance of Green Cards Delayed

The USCIS recently reported that it is experiencing processing delays of up to 8 weeks for lawful permanent resident cards. The delay is reportedly the result of an upgrade to USCIS card production equipment.

Marriage Visas for Canadians

Although we handle family-based immigration cases from all over the United States and the world, we see a lot of cases from Canada because we are located in Michigan. Family-based immigrant visa petitions for Canadian citizens are not any different than green card petitions for family members from other countries. However, because Canadians can easily enter the U.S. as non-immigrants it can create some unique issues.

Immigration Fraud

Adjustment of Status Under 245i

As a general rule, persons who entered the United States illegally (i.e. snuck across the border or otherwise entered without inspection by an immigration official) are not entitled to apply for lawful permanent residency in the U.S. by utilizing the adjustment of status process. As a result there are many undocumented and unlawful immigrants who are in the U.S. and despite being married to a U.S. Citizen have very few good options for legalizing their status. This is because of a law known as the 3/10 year bar that provides that anyone who enters the U.S.

USCIS Change of Address Requirements

All aliens in the United States (*including lawful permanent residents) are required by law to notify the USCIS of any change of address within 10 days of the change. Failure to comply with this requirement is a misdemeanor and result in a fine of $200 or 30 days in jail. Perhaps more importantly, failure to comply with this requirement can result in removal from the United States.

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