Immigration

Green Card Through Marriage

Any US citizen or Lawful Permanent Resident (LPR or Green Card holder) can sponsor their alien(foreigner) spouse for Green Card by applying to the United States Citizen and Immigration Services (USCIS). The alien spouse must be admissible into the U.S. under immigration laws and prove that the marriage is genuine and not for the sole purpose of obtaining a Green Card. Green Card or the Permanent Resident Card allows any person to live and work in the United States. Permanent Green Card is valid for 10 years and needs to be renewed every 10 years.

If your spouse is eligible for Green Card, application can be made for Adjustment of Status or Consular Process depending on whether your alien spouse is inside or outside the United States.Spouse of a US citizen can get the Green Card faster since this category of immigrant visa is readily available. However, spouse of a Green Card holder must wait for the applicable immigrant visa category to be available which further depends on the residence country and the availability of visa.

If your spouse is in the United States, you can file the immediate relative petition and the Form I‑485 at the same time (known as concurrent filing) for adjustment of status. If your spouse is outside the United States, then you have to file for Consular Processing with the U.S. Department of State.               

Application to sponsor your spouse must include the following forms:

• Form I-130 for immediate relative
• Form I-485 for adjustment of status
• Form I-130A for the spouse
• Form I-765 for employment authorization
• Beneficiary’s medical evaluation
• Financial documents of the petitioner and/or co-sponsor

Upon receipt, USCIS processes the documentation and schedules a biometric appointment followed by an in-person interview with the couple to determine whether the marriage is genuine or intended solely for receiving the Green Card. If the examiner is convinced, then Green Card is issued. However,if the examiner is not convinced then a second interview (Stokes) will be scheduled. At the second interview both spouses are interviewed separately, and the examiner later compares the answers for consistency and a good faith marriage. If you are married for less than two years, then a conditional Green Card is issued or if you are married for more than two years you will get the permanent Green Card (valid for ten years).

Schedule a consultation with us today to see how we can help you meet your immigration needs.

Removal of Green Card Conditions

If you receive the conditional Green Card, the conditional status may be removed by filing a form I-751 by both the spouses within 90 days of the second year. Upon application, the USCIS schedules an interview in which both parties’ appearance is mandatory.

If the US sponsoring spouse is not cooperative for the interview there are two exceptions to this rule:

1. If the alien spouse is physically and mentally abused by the sponsoring spouse, the alien spouse may proceed under the “Battered Spouse” exception.
2. If the marriage ends up in a divorce, then the alien spouse can file without the sponsoring spouse by proving that it was a bona fide marriage.

Once the “conditional” status is removed, the alien spouse will receive a green card and be eligible for U.S. Citizenship after three years of marriage or 5 years if not married at that time.

Schedule a consultation with us today to see how we can help you meet your immigration needs.

Green Card Through Family Sponsorship

U.S. citizens or a permanent resident can sponsor an immediate relative who is their spouse, child, parent, or sibling, for Green card. To sponsor siblings, the sponsor cannot be a permanent resident but must be a U. S. citizen.

 

US citizen’s spouse application processes faster since the visa is readily available. But the spouse of a permanent resident is classified under the “Second Preference” category, which is subject to annual visa limits which means one must wait for the visa to be available. It may take few years depending on the country of residence of the alien spouse or other relatives. For more details on Green card for spouse please see “Green Card by marriage.”

Preference categories of relatives are:

1. First Preference category is (F1) Unmarried Sons and Daughters of U.S. Citizens
2. Second Preference category is (F2) Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents
3. Spouses and Children of Permanent Residents (F2A)
4. Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents (F2B)
5. Third Preference category is (F3) Married Sons and Daughters of U.S. Citizens
6. Fourth Preference category is (F4) Brothers and Sisters of U.S. Citizens. The US citizen must be an adult to sponsor sibling(s)

Married sons, daughters, brothers, and sisters of US citizen are subject to annual visa limits and must wait for the visa to be available. It may take few years depending on the country of residence of the alien being sponsored and when the visa becomes current.

Citizens can initialize the petition for their preference category relatives by filing Form I-130 and waiting for the visa to be current, to process the green card.

Schedule a consultation with us today to see how we can help you meet your immigration needs.

Renewal or Replacement of Green Card

If you are a lawful permanent resident with a Form I-551 valid for 10 years and the Green Card is either expired or will expire within the next 6 months, you must renew the Green Card by filing Form I-90. However, if you have a conditional residence (gained through your spouse) and your Green Card is expiring, you must file Form I-751 to remove the conditions to obtain a permanent residence.

If you have a previous version of the Green Card (e.g., USCIS Form AR-3, Form AR-103 or Form I-151), you must replace it with a current Green Card.

Outside the United states:

If your Green Card will expire within 6 months and you are outside the United States but you will return within 1 year of your departure from the United States and before the card expires, you should file for your renewal card as soon as you return to the United States.

If your Green Card has expired or will expire during your stay outside the United states and you have not applied for the renewal card prior to your departure, before attempting to file Form I-90 for a renewal Green Card you should contact the nearest US consulate, USCIS office or US Port of entry for your options at that time.

Replace Green Card:

If you have a permanent Green Card or a conditional Green Card and needs to replace your Green Card for any of the reasons listed below, you may file Form I-90 for a replacement Green Card.

If you have lost your Green Card and are outside the U.S, contact the nearest U.S. consulate, USCIS office or port of entry before attempting to file a Form I-90.

If your Form I-90 application is approved, you will be mailed a replacement 10 Year Green Card from the date it is issued.

When to Replace A Green Card

Replace your Green Card if:

• Card was lost, stolen, mutilated or destroyed
• You received card before age 14 and have reached your 14th birthday (unless your card expires before your 16th birthday)
• You were commuter and are now actually residing in the United States
• You were residing in the United States and are now becoming a commuter
• Your status automatically converted to permanent resident status (this includes Special Agricultural Worker applicants who are converting to permanent resident status)
• You have a previous version of the Green Card (e.g., USCIS Form AR-3, Form AR-103 or Form I-151 – all no longer valid to prove your immigration status)
• Your card has incorrect information
• Your name or other information legally changed since you last received your card
• You never received the card issued by USCIS

Documents Required for Green card:

• If you are renewing the card, you must provide only a copy of your current Green Card.
• If you are replacing it, you must attach:
• A copy of the stolen or damaged card
• A copy of valid government issued ID such as a passport, military ID, or driver’s license
• If USCIS has made a mistake on your Green Card, you must attach:
• The original Green Card
• A copy of your birth or marriage certificate with correct information
• If you have changed your name or other information, you must provide:
• A court order on the decision
• A copy of your new birth or marriage certificate

If you are renewing or replacing because of other reasons, please let us know.

After you have applied, this is what happens next:

• Upon receipt, USCIS will schedule an appointment for biometrics information. When you go for your biometrics, you will provide your fingerprints, photograph, and signature.
• If USCIS needs extra evidence, they will send you a Request for Evidence (RFE). You must submit the requested documents by the deadline.
• Finally, you will receive a notice of the USCIS decision

Processing Time:

Green Card renewal processing may take several months. This is because, at any given time, USCIS has many applications pending for renewal or replacement of the Green Card. That is why you must apply for a renewal of the Green Card a few months before it expires so that you do not stay in the U.S with an expired Green Card.

What Happens if I Do Not Renew my Green Card?

There are no penalties if you do not renew your Green Card from USCIS. This means they will not ask you to pay more fees if you start your renewal process later than 6 months before the Green Card has expired or after it has already expired. But there are certain things that you will not be allowed to do in the U.S with an expired Green Card, such as:

• Get a new job since all U.S employers ask for proof of permanent residence or citizenship
• Get or keep a professional license such as a lawyer’s or a doctor’s license
• Renew your driver’s license
• Buy a house with the same conditions as a U.S citizen
• Travel out of the U.S and then re-enter the country again

If you do not want to renew your Green Card again, you must check whether you are eligible to apply for a U.S citizenship. You will never have to deal with and file applications to USCIS once you have obtained citizenship.

Schedule a consultation with us today to see how we can help you meet your immigration needs.

Citizenship

You can apply for U.S. citizenship after you become a green card holder and maintain your residence and physical presence for a certain qualifying period. In most cases that period is 5 years (the earliest you can file is after 4 years and 9 months. However, if the green card holder is the spouse of a citizen and was sponsored by the citizen spouse, the green card holder is eligible to apply for citizenship after 2 years and 9 months.

To apply for citizenship, you must file the Form N-400, Application for Naturalization, and meet the following requirements:

1. Must be at least 18 years old.
2. Continuous residence in the United States as a Green Card holder for the qualifying period immediately preceding the date of filing the application.
3. Physically present in the United States: Generally, for at least 30 months out of the previous 60 months; if sponsored by U.S. citizen spouse then for at least 18 months out of the previous 36 months.
4. No visit outside the United States for more than one year.
5. Have lived within the United States for at least 3 months prior to the date of filing the application. Students may apply for naturalization either where they go to school or where their family lives (if financially dependent on parents).
6. Must reside in the U.S. during your application for citizenship up to the time of naturalization.
7. Must be a person of good moral character.
8. Must read, write and speak English and understand U.S. history and government (civics) so you can pass the mandatory test conducted by the USCIS.
9. Exceptions:
   • (a) If you are age 50 or older and have green card for at least 20 years (50/20)Or
   • (b) If you are age 55 or older and have Green card for at least 15 years (55/15)

Note: For a and b above, you are exempt from English language requirement but are still required to take Civics test. You can take the Civics test in your native language and bring an interpreter to your interview who is fluent in both English and your native language.

1. If you are age 65 or older and have Green card for at least 20 years at the time of filing for citizenship, special consideration regarding the civics requirement will be given.
2. If you have a physical or developmental disability or mental impairment that affects your ability to learn English, you may be exempted from this requirement (English and Civics). Form N-648 must be completed by a licensed medical or osteopathic doctor, or licensed clinical psychologist.

Schedule a consultation with us today to see how we can help you meet your immigration needs.

Fiancé Visa

If a US citizen is engaged to a foreigner, the citizen can apply for a fiancé(e) visa, known as a K-1 Visa, to get the fiancé(e) come to the U.S. and marry. The K-1 Visa is valid for 90 days with no extensions granted. The U.S. Citizen and fiancé(e) must marry within the 90-day period and if not married the fiancé(e) must return to his or her home country.

Eligibility for Sponsoring a fiancé(e):

1. Must be at least 18 years old
2. Must be a US citizen
3. Must qualify Over 100% income
4. Must have met the Fiancé(e) at least once in the last 2 years preceding the application
5. Both Us citizen and the fiancé(e) must be eligible and legally free to marry

The US citizen can also apply for Visa for the Fiance’(e)s child known as K-2 Visa.

Obtaining a K-1 fiancé(e) visa involves five major steps:

Step 1: U.S. citizen submits a fiancé(e) visa petition Form I-129F and must prove his or her U.S. citizenship status and that you two have met in person within the last two years.

Step 2: Upon receipt, USCIS approves your petition and notifies National Visa Center (NVC) in New Hampshire. The NVC advises you and the consulate in Fiancé(e)’s home country.

Step 3: You fill out forms online, get a medical exam report, and make an appointment with the designated U.S. consulate. I-129F fiancé(e) visa approval is good for four months.

Step 4: Fiancé(e) attends the consular interview and hopefully receive your K-1 fiancé(e) visa. The K-1 fiancé(e) visa is valid for up to six months.

Step 5: Once you enter the U.S., marry within 90 daysand apply for a green card (adjustment of status). If you want to leave the country after marriage Fiancé(e) (now spouse) can get green card through Consular Process.

While waiting for the Fiancé(e) visa, many couples want to be together and wish to travel to the US on a tourist visa. However, tourist visa is not granted once you submit the fiancé(e) visa application due to the presumption that your intention is to get married in the US and then adjust your status.  This is considered as dual intention and visa fraud.

Schedule a consultation with us today to see how we can help you meet your immigration needs.

U Visa

If you are a victim to certain crimes, you can request temporary immigration benefits by filing Form I-918, Petition for U Non immigrant Status. Your qualifying family members may be included by filing Supplement A with your original Form I-918 or added later.

Eligibility: The Petitioner must demonstrate all the following:

1. Is a victim of criminal activity designated in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (INA).
2. As a victim of the criminal activity, you have suffered substantial physical or mental abuse.
3. You possess information of the said criminal activity.
4. A government official certifies (using Supplement B, U Non immigrant Status Certification) that you were, are, or are likely to be helpful in the investigation of the criminal act of which you are a victim.
5. The criminal activity violated the laws of the United States or occurred in the United States.
6. Personal Statement describing the criminal activity including the nature of the activity, time and date, person responsible, events surrounding the crime and the harm suffered.

If the petitioner is a child under 16 years of age or is incapacitated or incompetent, the parent, guardian, or “next friend,” (a person who appears in a lawsuit for the petitioner’s benefit), can submit the evidence on behalf of the petitioner. The next friend is not a court appointed guardian or a party to the legal proceeding. Evidence must include the age, incapacity, or incompetence of the victim such as:

1. Petitioner’s Birth certificate.
2. Court documents recognizing petitioner’s next friend.
3. Medical records.
4. Reports of licensed medical professionals demonstrating the incapacity or incompetence of the petitioner.

Filing for Qualifying Family members:

If the Principal Petitioner files for a qualifying family member you must demonstrate that:

1. If you are under 21 years of age on the date your petition is received by USCIS, the qualifying family member(s) is your:

        (1) Spouse

        (2) Unmarried children under 21 years of age

        (3) Parents; and/or

        (4) Unmarried siblings under 18 years of age.

    

2. If you are over 21 years of age on the date your petition is received by USCIS, the qualifying family member(s) is your:

        (1) Spouse; and/or

        (2) Unmarried children under 21 years of age.

Filing Fee:

 There is no filing fee for Form I-918 or Supplement A.

Waiver of Grounds of Inadmissibility:

If you and/or your family members are deemed as or become inadmissible by the USCIS while the petition for U non immigrant status is pending, you and/or your family members are not eligible for U non immigrant status unless the ground of inadmissibility is waived by USCIS.

For waiver of inadmissibility you must submit Form I-192 (Application for Advance Permission to Enter as a non immigrant) with the appropriate I-192 fee or a request for a fee waiver along with your Form I-918. USCIS will then decide your eligibility for the fee waiver.

Requirements for family members:

You must include the following for derivative U non immigrant status on Supplement A.

1. A completed Supplement A for each family member included on your Form I-918.
2. Documentation showing your relationship to the family member.

Employment Authorization:

Principal petitioner receives the work permit automatically once U-visa is approved. Derivative family members also receive the work permit automatically once U-visa is approved if the I-765 was filed concurrently with the Form I-918A.  Derivative family members living outside the United States are not eligible to receive employment authorization until they lawfully enter the United States.

Decision:

Once USCIS evaluates and is satisfied with evidence submitted, they will notify you of the decision in writing. It can take anywhere between 6-14 months.

Green Card:

Pursuant to INA section 245(m) a U non immigrant is eligible to apply for lawful permanent residence if they demonstrate

1. three years of continuous physical presence in the United States in valid U non immigrant status
2. the applicant is not inadmissible under INA section 212(a)(3)(E)
3. the applicant has not refused to co-operate or assist the official; and
4. a favorable discretion is “justified based on humanitarian grounds, to ensure family unity, or is in the public interest.”

Schedule a consultation with us today to see how we can help you meet your immigration needs.