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Under certain circumstances yes for example U.S. Citizen file I-130 for the child to apply for nonimmigrant K-4 visa, this will entitle him or her to come to the U.S. to live and work to go to school while visa petition is pending. However, on Non-Immigrant Visas such as K-1 visa would have to wait outside. What Are The Most Common Reasons A Family-Based Visa Is Denied? Fraud, grounds of inadmissibility, lack of sponsorship. Who Qualifies To Submit A Provisional Waiver In The United States? To be eligible for a provisional unlawful presence waiver, you must meet ALL of the following conditions: Be physically present in the United States to file your application and provide biometrics. Be 17 years of age or older. Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with the Department of State (DOS) because you: Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee; Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee); Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or Are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative) Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent. Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was: More than 180 days, but less than 1 year, during a single stay (INA section 212(a)(9)(B)(i)(I)); or 1 year or more during a single stay (INA section 212(a)(9)(B)(i)(II)). Meet all other requirements for the provisional unlawful presence waiver, as detailed in 8 CFR 212.7(e) and the Form I-601A and its instructions. You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you: You do not meet all of the conditions listed under the eligibility mentioned above. You are in removal proceedings that have not been administratively closed. At the time of filing, you are in removal proceedings that have been administratively closed but have been placed back on the Executive Office for Immigration Review (EOIR) calendar to continue your removal proceedings. You have a final order of removal, exclusion, or deportation (including an in-absentia order of removal under INA 240(b)(5)). If you have a final order of removal, exclusion, or deportation, you can only seek a provisional unlawful presence waiver if you have applied for, and we have already approved Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal at the time you file the Form I-601A. You do not meet one or more of the requirements outlined in the Form I-601A and its instructions. What Grounds Of Inadmissibility Does The Waiver Apply To? I-601A Unlawful Presence I-601 Waiver: INA section 212(a)(1) Health-related grounds of inadmissibility; INA section 212(g)(1) Health-related grounds of inadmissibility due to a communicable disease of public health significance defined in 42 CFR 34.2(b) including Class A tuberculosis, chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, syphilis (infectious), leprosy (infectious), etc.; INA section 212(g)(2)(C) LPR applicants seeking an exemption of a vaccination requirement based on religious beliefs or moral convictions; INA section 212(g)(3) Physical or mental disorder associated with harmful behavior that poses, has posed, or will pose a threat to your safety, property, or welfare and that of others; INA section 212(2)(2) Certain criminal grounds of inadmissibility; INA section 212(a)(6)(c) Immigration fraud and misrepresentation; INA section 212(a)(3) Immigrant membership in a totalitarian party; INA section 212(a)(6)(E) Alien smugglers; INA section 212(a)(6)(F) Aliens subject to a civil penalty; INA section 212(a)(9)(B) Aliens subject to the 3-year or 10-year bar due to unlawful presence in the United States; What If A Person Is Already Outside The US Or Is Scheduled For An Immigrant Visa Interview Outside The US? The individual would attend the immigrant visa interview at their respective U.S. Consulate/Embassy and Consular Officer would hand him or her instructions on what waiver he or she needs to seek and which grounds of inadmissibility he or she needs waived. What If A Person Is Currently In Removal Proceedings Or Is Subject To A Final Order Of Removal? You have a final order of removal, exclusion, or deportation (including an in-absentia order of removal under INA 240(b)(5)). If you have a final order of removal, exclusion, or deportation, you can only seek a provisional unlawful presence waiver if you have applied for, and we have already approved Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal at the time you file the Form I-601A. If A Person’s I601A Waiver Is Denied, Is It Possible To Appeal? USCIS provides no appeals process for denials of applications for a provisional unlawful presence waiver. Similarly, the agency will not accept a request to reopen a case or a request that it reconsider its decision. Therefore, it is crucial that you submit a complete application the first time around. applicants may resubmit a new waiver application showing new or additional evidence. For more information on Living In US With A Pending Visa Petition, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.
Definition Child : an unmarried person under 21 years of age For immigration purposes, a child can be any of the following: A genetic child born in wedlock A genetic child born out of wedlock: If the mother is petitioning, no legitimation is required. If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence. If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried. A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth. A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18 An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Processpage apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information. Son or Daughter : a person who is married or is 21 years of age or older Parent : include biological/step-parent. See INA §101(b)(2) If you are a U.S. Citizen, you can petition for the following individuals: Immediate Relatives Spouse of US Citizen Unmarried child under 21 years of age of a U.S. Citizen or Parent of a US Citizen (if US Citizen is 21 years of age or older) Preference Category First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. If you have a Green Card, you can petition for the following individuals: Preference Category Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation. What Constitutes “Family” When Applying For A Family-Based Visa? Parent Spouse Children US Citizen Sibling I Am A US Citizen And I Have Been Told That My Spouse Who Is Undocumented Will Have To Leave The US To Obtain A Green Card. Why? Your spouse did not make a legal entry into US meaning admitted or paroled and therefore needs to consular process do interview at US Consulate/Embassy in their home country they are inadmissible for purposes of green card so need to also seek waiver. Only individuals who made legal entry into U.S. can Adjust Status and get green card in United States. Can My US Citizen Son Or Daughter Petition For Me? Yes, if they are 21 years of age or older. My Priority Date Was Current Last Month, But Not This Month. What Happened? Internal matter with USCIS; shorter staff; supply and demand, the more people start the application process to immigrate to the US, the longer the waiting list gets but sometimes, so many people apply after a certain Priority Date is published that the State Department gets overwhelmed, and needs to put on the brakes. It does this by moving the Priority Date in that particular visa category backward; retrogression. My US Citizen Sibling Petitioned For Me Many Years Ago And A Visa Is Now Available For Me. Can My Spouse And Children Apply For A Green Card With Me? As a U.S. citizen, over age 21 and residing in the U.S. you may file an I-130 petition to bring your brothers and sisters to the United States for permanent residence. Once your petition for your sibling is approved, they can bring a spouse and any unmarried children under age 21. If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa. Your spouse and/or children may be eligible for following-to-join benefits if: The relationship existed at the time you became a permanent resident and still exists, AND You received an immigrant visa or adjusted status in a preference category I Was A Legal Permanent Resident When I Filed An I-130 Family Petition For A Family Member, But Now I Am A US Citizen, What Should I Do? If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send: A copy of the biodata page of your U.S. passport; or A copy of your certificate of naturalization. For more information on Eligibility For Family-Based Green Card/Visa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.

As of April 24, 2020, USCIS suspended all in-person services at its offices through at least June 4, 2020. As a result, interviews for all immigration benefit applications and asylum applications are postponed and will be rescheduled when normal operations resume. USCIS also “temporarily suspended” all biometrics appointments, meaning that new fingerprints cannot be taken. The agency suspended naturalization oath ceremonies, although a very limited number of small ceremonies have taken place in some jurisdictions. This has unnecessarily delayed the ability of tens of thousands of immigrants to become U.S. citizens. The agency has also made a number of technical changes to the H-2A and H-2B processes which make it easier for noncitizens who are working to keep the nation’s food supply stable to remain in the United States for the duration of the national emergency. However, the agency has resisted calls to grant automatic status extensions or otherwise make changes which would prevent foreign nationals from inadvertently losing status during the current national emergency declared by the president on March 13, 2020. What Impact Has COVID-19 Had On Immigration Enforcement And Detention Inside The United States? Every day, ICE Enforcement and Removal Operations officers detain noncitizens across the United States for alleged violations of immigration law. Individuals in ICE custody include undocumented immigrants and people with lawful immigration status such as visitors, international students, temporary workers, or LPRs. People detained by ICE are held in a network of detention centers around the country which includes private facilities operated for profit, state and local jails, and dedicated ICE facilities. Some of these facilities are also used to detain people arrested at the border by CBP, including thousands of people seeking asylum. The Effect of the Coronavirus on ICE Enforcement Practices In response to the coronavirus pandemic, ICE has been forced to limit its enforcement actions throughout the United States. While the agency did not fully suspend arrests, it promised to “temporarily adjust its enforcement posture” beginning on March 18, 2020, by “focus[ing] enforcement on public safety risks and individuals subject to mandatory detention based on criminal grounds. The effect of ICE’s limited enforcement became quickly apparent, with the agency sending fewer people to ICE detention centers in the weeks after the change in policy (see Figure 5). In the week ending on March 14, 2020 ICE arrests led to 2,751 people sent to detention. That dropped to 1,608 by the end of March and dropped further still throughout April. ICE Interior Apprehensions resulting in Detention by Week, FY 2020
The COVID-19 (the novel coronavirus) pandemic, and the federal government’s response, has disrupted virtually every aspect of the U.S. immigration system. Visa processing overseas by the Department of State, as well as the processing of some immigration benefits within the country by U.S. Citizenship and Immigration Services (USCIS), have come to a near standstill. Entry into the United States along the Mexican and Canadian borders, including by asylum seekers, has been severely restricted. Immigration enforcement actions in the interior of the country have been curtailed, although they have not stopped entirely. Tens of thousands of people remain in immigration detention despite the high risk of COVID-19 transmission in crowded jails, prisons, and detention centers that U.S. Immigration and Customs Enforcement (ICE) uses to hold noncitizens. The pandemic led to the suspension of almost all immigration court hearings and limited the functioning of those few courts which remain open. What Has Been The Impact Of COVID-19 On Immigrants And Nonimmigrants Abroad? The COVID-19 pandemic profoundly impacted the ability of foreign nationals to travel to the United States in any status. Beginning in February 2020, the Trump administration has imposed four separate travel restrictions on individuals who had been present in certain countries where COVID-19 epidemics were occurring. As the pandemic spread, on March 20, 2020, the Department of State suspended “routine visa services” at all embassies and consulates worldwide, including canceling all “immigrant and nonimmigrant visa appointments.” This suspension encompasses applicants for both employment-based and family-based immigrant visas, including the relatives of U.S. citizens and lawful permanent residents (LPRs), as well as applicants for nonimmigrant visas for visitors, students, and skilled workers. However, the State Department has continued to process all H-2 visa cases, which includes temporary agricultural workers, and allows for emergency visa appointments. The pandemic has also led to new barriers on legal immigration. The Trump administration implemented a proclamation, effective April 24, 2020, that suspends the entry of certain immigrants, with the stated purpose of preserving employment opportunities for U.S. citizens affected by the economic impact of the pandemic. What Has Been The Effect Of COVID-19 On Immigration Processing At US Land Borders? On March 20, 2020, the United States reached joint agreements with the governments of Canada and Mexico to suspend “non-essential” travel through ports of entry on each border. On the same day, the Department of Health and Human Services (HHS) issued an emergency regulation which permits the Director of the Centers for Disease Control (CDC) to “prohibit … the introduction” of individuals when the Director believes that “there is serious danger of the introduction of [a communicable] disease into the United States.” Citing the new CDC authority, the Border Patrol began “expelling” individuals who arrive at the U.S.-Mexico border, without giving them the opportunity to seek asylum. Over 20,000 people have since been “expelled” at the southern border. What Happens To An Immigrant Who Has A Visa That Is Expiring Or Has Expired During The Pandemic? Will He Or She Be Deported? If your visa is going to expire but has not yet expired you can do the following: Under normal circumstances, foreign nationals visiting the United States of America must leave the country before their visa or ESTA expires . US visas grant a maximum stay of between 1 and 6 months , while the ESTA allows travelers on the visa waiver program to visit visa-free for up to 90 days . However, due to the COVID-19 pandemic, the US government recognizes the fact that visitors from overseas may be unexpectedly forced to remain on American soil due to canceled flights or other factors. Nonimmigrant foreign nationals are advised to apply for an extension of stay (EOS) or change of status (COS) in advance of the expiration date of their US visa. This can be done by contacting U.S. Citizenship and Immigration Services (USCIS). Many of the required forms can be completed online. If an application for an EOS or COS has been filed before the expiration date but is still pending when the visa or ESTA expires, this is not usually regarded as unlawful presence in the US for the foreign national. If the EOS or COS request is filed late due to extraordinary circumstances beyond the applicant’s control, such as cancellation of flights due to COVID-19, USCIS will make allowances at their own discretion. For foreign nationals in the visa waiver program, the situation is similar. However, if emergencies prevent the visitor from leaving on time, USCIS may allow them a further 30 days . Travelers in this situation should call the USCIS Contact Center. If your visa has expired you will accumulate unlawful presence. You should still seek extension of status or change of status if you could prior to 180 days of unlawful presence. I Was In The US On A Visa When The Borders Were Closed Due To COVID-19. My Visa Since Expired. Is This Considered An Illegal Overstay On My Visa? Yes Will This Cause Immigration Issues For Me In The Future? Possibly. If you have accumulated more than 180 days but less than one year of unlawful presence, you risk triggering the 3-year bar when you depart the United States. If you accumulated more than one year of unlawful presence, you risk triggering the 10-year bar when you depart the United States For more information on Impact Of COVID-19 On Noncitizens In The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.
Presidential Proclamation 10052 issued June 22, 2020 On June 22, 2020, the President issued Proclamation 10052 titled Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. Effective June 24, 2020, the proclamation suspends “entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas” until December 31, 2020, subject to section 3 of the proclamation: “an H-1B or H-2B visa, and any alien accompanying or following to join such alien;” “a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien;” “an L visa, and any alien accompanying or following to join such alien” Section 3(a) states, however, that the suspension will only be applied to individuals who: “(i) is outside the United States on the effective date of this proclamation; (ii) does not have a nonimmigrant visa, of any of the classifications specified in section 2 of this proclamation and pursuant to which the alien is seeking entry, that is valid on the effective date of this proclamation; and (iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.” The June 29, 2020 amendment clarified that the exception at Section 3(a)(ii) of Proclamation 10052 applies only to individuals with a valid H, J, or L visa who seek admission to the United States in one of those categories. For example, an individual outside the United States wishing to enter the United States in H-1B status who had valid B-2 visa but not a valid H-1B visa would be subject to the proclamation and would not be eligible for an H-1B visa. The proclamation also extends until the end of the year the April 22, 2020 proclamation suspending entry of certain immigrants. Presidential Proclamation 10014 issued April 22, 2020 Immigrant Visa Proclamation . Proclamation 10014 of April 22, 2020, published at 85 FR 23441, titled Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. This proclamation suspends entry of certain new immigrants who do not already have an approved immigrant visa. The proclamation does not currently impact applicants for adjustment of status or nonimmigrants such as students, H-1B workers, visitors for business or pleasure, etc. Section 6 of the proclamation, however, calls upon DOL, DOS, and DHS to within 30 days of April 22 “review nonimmigrant programs and… recommend… other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.” The initial effective period was 60 days starting 11:59 p.m. eastern daylight time on April 23, 2020. This was extended to December 31, 2020, by the Proclamation 10052 of June 22, 2020. Does The Order Apply To All Pending Green Card Applications? No. Only the following family-based visa categories of pending green card applications are affected. This answer does not address how Employment-based visa categories are affected. Family-Based Visa Categories Affected The initial April 22 proclamation temporarily suspended entry for many prospective immigrants applying for family-based green cards from abroad. The June 22 proclamation extends these restrictions until December 31, 2020, and includes additional suspensions for certain family-based nonimmigrant programs. The June 22 extension and expansion applies to individuals seeking to enter the U.S. from another country through the following immigrant and nonimmigrant family visa programs: Family-Based Permanent Immigrant Visas IR-5 visas for the parents of U.S. citizens F1 visas for the unmarried adult children of U.S. citizens F2 visas for the spouses and unmarried children of U.S. lawful permanent residents (green cardholders). F3 visas for married sons or daughters of U.S. citizens. F4 visas for adult siblings of U.S. citizens. Family-Based Temporary Nonimmigrant Visas H-4 visas for spouses and minor children of H-1B and H-2B workers. J-2 visas for spouses and minor children of J-1 workers and trainees. L-2 visas for spouses and minor children of L-1 intracompany transferees. Are Spouses Of US Citizens Affected? No. They are exempt from the Presidential Proclamation’s ban. When Does The Order End? For now, it is set to end December 31, 2020 For more information on Presidential Proclamation On Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.
No, you should still apply for a family-based immigration visa for the following reasons. First, the Trump administration plans to increase filing fees at a staggering rate effective October 2, 2020. Applying now avoids that fee increase and enables your case to be in process and not fall in the back of the line. When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: Now. According to the Department of State’s August Visa Bulletin , the following cutoff dates will apply for the issuance of an immigrant visa for family-sponsored categories: For Family-Sponsored Filings: In the F2A category, there is a cutoff date on the Dates for Filing chart. However, the category is “current” on the Final Action Dates chart. This means that applicants in the F2A category may file using the Final Action Dates chart for August 2020 . For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2020 . Are There A Limited Number Of Family Based Visas Issued In The US Each Year? Yes, there are a limited number of family-based visas issued in the U.S. each year if you do not fit the definition of an immediate relative of a U.S. Citizen and you fall under one of the four preference category. See Below. If you are a US Citizen, you can petition for the following individuals: Immediate Relatives (NO VISA LIMITS) Spouse of US Citizen Unmarried child under 21 years of age of a U.S. Citizen or Parent of a US Citizen (if US Citizen is 21 years of age or older) Preference Category First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400 , plus any numbers not required by first and second preferences. Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens : 65,000, plus any numbers not required by first three preferences. If you have a Green Card, you can petition for the following individuals: Preference Category Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200 , plus the number (if any) by which the worldwide family preference level exceeds 226,000 , plus any unused first preference numbers: (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation. Definition Child : an unmarried person under 21 years of age For immigration purposes, a child can be any of the following: A genetic child born in wedlock A genetic child born out of wedlock: If the mother is petitioning, no legitimation is required. If the father is petitioning, legitimation is required in accordance with the laws of the father or child’s place of residence. If the father is petitioning and the relationship is not legitimated under applicable laws, a bona fide parent-child relationship must be shown to have existed prior to the child’s 21st birthday and while the child was unmarried. A child born through Assisted Reproductive Technology (ART) to a non-genetic gestational mother who is recognized under the law of the relevant jurisdiction as the child’s legal parent at the time of the child’s birth. A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18 An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan or Hague If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information. Son or Daughter : a person who is married or is 21 years of age or older Parent : include biological/step-parent. See INA §101(b)(2) For more information on Applying For Family Based Immigration Visa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.
In the family green card process, there are two paths by which an individual can obtain a green card. They can do consulate processing or adjustment of status. There are advantages and disadvantages to either process. Consulate processing is generally for individuals whose relatives are outside of the United States and who are trying to come into the US. Adjustment of status is for relatives seeking green cards that are already in the United States. In order to be eligible for the adjustment of status, the relative seeking a green card must have entered the US legally. If they came to the US on some type of visa, that is considered a legal entry, so they can do an adjustment of status. But, if they came to the US illegally, even though they’re in the United States, they would have to do the consulate processing approach in order to get their green card. They’ll have to go back to their country and do the interview abroad in their home country. As mentioned, there are some advantages and disadvantages. With adjustment of status, the interview is in the United States. When the interview is scheduled at USCIS, you can have an attorney present with you at the interview. If there are any issues in the application, be it the request for additional evidence or an intent from the officer denying your adjustment of status case, your attorney can directly get in touch with the USCIS and sort out that matter. However, if you’re doing consular processing, which is at the US consulate in your relative’s home country, then unfortunately, when you are scheduled for an interview, an attorney is not permitted in the interview room with the beneficiary. That’s a disadvantage. If there is any kind of denial, an intent to deny, or they are requesting additional documentation, you’re handling it over the National Visa Center’s website. If there is a denial, a lot of the times, it’s very hard to appeal a denial from a US Consular officer. Usually, there has to be some type of erroneous or egregious error on the part of the consular officer in order for you to even have a chance to appeal an application that has been denied. What Can We Do If Our Family-Based Green Card Application Was Denied? When there is a denial in your petition, you will receive a letter from the USCIS if you’re doing an adjustment of status, or from the US Consulate if you’re doing consular processing. It’s important to review the notice to find out the reason why your case was denied in the first place. There are several reasons why it could be denied. One reason could be that you haven’t met all of the eligibility requirements to proceed with the green card. In that case, you can’t really appeal that matter because it’s a matter of waiting until you meet all of those eligibility requirements. If you are denied because you’ve been determined to be inadmissible, then you have to determine if there is a waiver you are eligible for. If it’s a situation in which there is a chance to fix the issue of the denial, the officer will indicate that in the notice. For example, if it’s denied because you need a waiver, the officer will identify in the letter what waiver it is that you need and the steps you need to take in order to apply for that waiver. If you get denied because of a criminal history, then you’ll need to consult with an immigration attorney on how to best handle that circumstance. You may be able to request the waiver for some types of criminal offenses. However, other types of criminal offenses won’t permit you to be eligible for the waiver. The bottom-line is that it’s important to review that notice when you get a denial and identify the reason why the application was denied. That will determine which steps are appropriate to take. For more information on Family Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.
Can A Foreign Spouse Complete The Permanent Residence Based On Marriage Process Without An Attorney?
You can file the permanent residence bases on marriage on your own without an attorney. However, we strongly advise against doing so because there are a lot of changes happening with the immigration process. A lot of policies change on a monthly, if not weekly basis. So, it’s always good to have an attorney to handle your case. That way, it is the attorney who is staying up-to-date with the changes in the law and policies, and they can advise you on how to best handle your case with those changes. I do understand that it can be costly to have an attorney on top of the filing fees that you have to pay, but if you think in the long-term, it’s a lot better to do the process correctly from the start with an attorney. If you do it on your own, you run the risk of missing something or not filling out a form correctly, which can create more issues. Then, you’ll have to get an attorney at that point to handle the problems that arise from those unintended errors. Therefore, it’s best to have an attorney handle your process. But legally speaking, you do not need an attorney to complete the permanent residence application. Does The Petitioner Have To Actually Be Married To File The Marriage Petition, Or Can That Be Done Ahead Of Time? In regard to a marriage petition, you are required to be married before you file for the marriage petition. If you’re not married, and your spouse is living abroad, there is an option to file for the K-1 Fiancé Visa to bring your spouse to the United States, and then get married. But, in terms of the marriage petition, you do have to get legally married before you file that petition. How Long Does It Generally Take To Process A Green Card Through Marriage? Generally, the processing time fluctuates on a monthly basis. Prior to COVID-19, it depended on the service center in which the application was transferred to and processed. For the most part, in recent years, on a green card application, it took between 8 to 12 months from the time you submit your application to the time you are scheduled for an interview at the USCIS office. But now, because of COVID-19, a lot of things are kind of up in the air. We’ve seen processing times take between 12 to 18 months. I Am A US Citizen And Have Filed A Petition For My Spouse To Join Me In The United States. Can He Or She Come To The US While The Petition Is Pending? Typically, the spouse will need to actually attend the interview at his or her US consulate from his or her respective home country and get the approval from the consular officer before they can be permitted to come to the United States. Now, there are some exceptions in certain types of situations, such as if you were here and were being sponsored. For instance, if your spouse was here through an employer, there are some visas that let you come to the US and adjust your status. But, if your spouse is already a US citizen, and they are filing a petition for you and you’re abroad, unfortunately, you would have to wait until you attend the interview and get the approval from the consular officer before you are permitted to come to the United States. What Does The I-130 Petition For Alien Relative Do As Part Of The Family Green Card Process? The I-130 petition for an alien relative is essentially the form that is used to establish the relationship between the petitioner trying to bring their relative to the US, or to help their relative adjust their status to get a green card. That’s the foundational form that you start when you do a family green card process. The I-130 is simply establishes the relationship between the petitioner and the beneficiary, who is the person seeking the immigration benefit, namely the green card. If the petitioner and the beneficiary are husband and wife, then the I-130 is there to establish that there is a marital relationship. If it’s a parent and child, then that would be the relationship that the petitioner would be trying to establish on a I-130 petition. For more information on Family Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.
If your parent is a US citizen, and he or she is filing for permanent residence for you, your spouse, and your children, your parent does not need to file a separate petition for each. As a married son or daughter of a US citizen parent, you are considered what’s called an F3 preference category. Therefore, you do not need your parent to file separate petitions for your spouse or children. How Do I Begin The Green Card Process For My Spouse Who Is Currently In The United States Under A Different Status? First and foremost, the important thing to determine is how your spouse entered the US. If they entered legally on some type of a visa, then the first thing you need to do to begin the green card process is to file an I-130 petition form to establish the marital relationship to your spouse. If they did come to the US legally on some type of a visa, then in that I-130 petition, we would also file for their adjustment of status, which is the I-485 application. If your spouse entered illegally, you will still have to file first the I-130 petition establishing marital relationship. However, you will not be dealing with the United States Citizenship and Immigration Services (USCIS), you will have to deal with the National Visa Center at the US Consulate in your spouse’s home country. The I-130 will be transferred to the National Visa Center rather than it being handled with the USCIS. I Married My Spouse While My Petition Or Employment-Based Permanent Residency Was Pending. Do I Have To File A Petition Before My Spouse Can Come To The United States To Join Me? If you married your spouse while your petition or employment-bases permanent residency was pending, and your spouse is already residing in the United States, in that instance, then he or she will have to file for a change of status before applying for the I-485 adjustment of status. However, if your spouse is residing abroad, then he or she will have to file the form I-824, which is the Application for Action on Approved Application or Petition along with or after filing for your adjustment of status petition. Is It Possible To Directly Petition For One’s Grandparents, Aunts, Uncles, Nieces, Nephews, Or Other Extended Relationships Through The Family-Based Immigration System? It is not possible to directly petition for grandparents, aunts, uncles, nieces, or nephews through the family-based immigration system. Unfortunately, these extended family members are not considered immediate relatives, or they do not fall under the preference categories for a direct petition. I Am A US Citizen Living Outside The United States With My Foreign National Spouse. How Do I Apply For My Spouse’s Green Card? If you have been living outside of the United States for some time, unfortunately, you cannot file a petition for your spouse. One of the requirements to be a sponsoring petitioner for your spouse’s green card is that you have to have residency and an established domicile here in the United States. However, if you’re living abroad because it’s a work-related matter, and you’re on some type of a contract, then that would be the exception to the rule. As long as you can still provide evidence that you have a domicile here in the US, such as a home, you’re filing taxes in the United States, and/or you’re registered to vote, the US will enable you to still file a petition for your spouse, even if you’re living outside of the US. But, you have to establish that you still have ties to the United States, and that at the end of the day, your primary residence is the US. I’m In The US And My Foreign National Spouse Is Outside Of The United States, How Do We Apply For His Or Her Permanent Residence? With any family-based petition, the first thing you need to do is file the I-130 petition. That way, you can establish that the marital relationship between the two of you is a bona fide relationship. If your spouse is abroad, you will not deal with the USCIS. You will have to deal with the National Visa Center. Once the I-130 gets approved at the USCIS office, it will be transferred to the National Visa Center. The National Visa Center will send you, and whoever your legal representative is, with instructions on additional documents that need to be submitted with the National Visa Center. Then, once those documents are submitted, the appropriate filing fees are paid. The National Visa Center will then schedule an interview for your spouse at the US Consulate or embassy of their respective home country. After attending the interview, and once your spouse passes their interview, they will receive a stamp on their unexpired passport. They’ll have 60 days or so to come to the US. Upon their entry into the United States, in about two to four weeks, they should receive their green card in the mail at the US address you designated. Typically, it will be sent to where you would be living upon your arrival in the United States. For more information on Family Immigration, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.
There are two types of immigration cases: family-based and employment-based. Our firm handles family-based immigration cases. This means that we can help you sponsor your children, mother, father, brothers, and sisters. We can also help you sponsor your wife, husband, or fiancé. What Factors Are Considered By The US Citizenship And Immigration Service In Granting An Individual Immigration Status? When deciding whether or not to grant immigration status to someone, the US Citizenship and Immigration Service will consider who they are related to and in what way they are related. When immigration is looking at naturalization, they will look at whether or not the individual is of good character. What Is The Difference Between Getting An Approved Visa, Obtaining A Green Card, And Becoming A US Citizen? The difference between a visa and a green card is that the former will allow you to stay in the US for a certain period of time, while the latter will allow you to stay in the US for as long as you want, granted that you do not get removed for doing something wrong. Being a US citizen will confer certain rights, such as the ability to stay in the US forever, as well as move where you please. What Is The First Step You Need To Take To Begin The Immigration Process To The United States? If you are interested in starting the immigration process, you and your sponsor should consult with an immigration attorney. It will be very helpful if you start gathering your biographical information, and information pertaining to your sponsor, such as where they have lived for the past five years. You will also need to obtain and bring with you to the consultation copies of your birth certificate. How Long Should I Expect To Wait For An Answer As To Whether Or Not I Have Been Approved? The amount of time that you will have to wait in order to find out if you’ve been approved will depend upon what you applied for. Until this past year when green card holders could become US citizens, the process took anywhere from six to eight months. Now, the wait can be anywhere from eight to 14 months. The processing time takes a little bit longer now, but there is a way that we can check the approximate wait for each type of case by figuring out the receipt date, which is the date you applied. If My Petition Has Been Approved, What Is The Next Step? Once your petition is approved, you will go to an interview at the immigration office or at the counselor level. Once you pass the interview, you will either receive your visa, a relevant card, a notice of approval of citizenship, or a green card. Can Someone Apply For Immigration Status For His Or Her Family As Well? Two of the major factors considered when applying for immigration status for family members are age and medical status. You would also have to determine whether the family members would qualify under a derivative application, or if a separate application would be needed. Why Do I Need An Experienced Immigration Attorney To Help Me With My Case? Immigration attorneys want more than a bunch of forms; they want to understand your backstory. Given our experience both with clients and with immigration, we will be able to tell your story and ensure that your application has the highest possible chance of approval. For more information on Immigration Cases In The State Of Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 704-3303 today.