Articles Posted in Family Visas

Back in June, the U.S. Supreme Court decided the DOMA case that granted same-sex couples federal benefits in states that recognize same-sex marriages. This decision also had a far-reaching effect on immigration laws that allows for same-sex couples to remain together in the U.S. by petitioning for their spouses. Our office recently had some immigration interviews for these marriage cases, which was new for our attorneys and for the immigration officers who must handle these types of cases.

When it comes to a marriage interview, the interviewing officer asks questions to determine the bona fides of the marriage. Some of these questions concern relationships with family members to see how involved the families of the petitioner and beneficiary are in the lives of the couple there at the interview. This notion does not necessarily apply when it concerns a same-sex relationship, since the families of the couple may not approve of the relationship. For some cultures, because it is wrong to be in a same-sex marriage and is constantly disapproved, leaving the couple alienated from their families. In this context, it is interesting for our clients when they are faced with questions from the officer regarding family relationships.

For one of our interviews, the immigration officer was presented with correspondences between the couple where one of them was referred to by a female name because they were pretending to their family to have a girlfriend when they had a boyfriend. This sort of difference would be a concern for the immigration officer in the past, but because of the sensitivity that same-sex couples face with having to address this issue with their families, the officer understood the circumstances and accepted those reasons while accepting the correspondences as genuine between the couple.

When an applicant is facing the deadline to remove the conditions of his or her lawful permanent residency status, and the marriage on which the initial I-130 petition and conditional residence were based is on life support, deciding how and when to file the Form I-751 Petition to Remove the Conditions of Residence requires careful planning. The following provides a summary of the I-751 available waivers.

Differences Between Jointly-Filed Petitions and Waivers

There are some key differences between I-751 Petitions filed jointly and those filed under one of the waiver provisions. If a conditional permanent resident (CPR) is filing an I-751 Petition jointly, with the petitioning spouse, and files after the expiration date of the LPR card, he or she will need to include an explanation of the late-filing with the I-751 Petition. However, if filing under one of the waiver grounds, the CPR does not need to provide such an explanation. A waiver can be filed prior to or after the expiration of the LPR card up until the date an immigration judge issues a final order of removal.

The “green card marriage based interview,” which both of the Petitioner and Beneficiary are required to attend as part of the green card process, should not be presumed as a walk in the park; it has the possibility of being a very intense and painful event. You can take the stress and anxiety out of the event through thorough smart preparation. Check out our Tips for success and good Luck!

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As many of our readers know, Green Card holders can not confer immediate benefits on Spouses and Children under 21. There is a waiting period determined by the Visa Bulletin. But according to the August 2013 Bulletin, the F2A category (Spouses and Children of Permanent Residents), will become current.

What does that mean?

If you are a Permanent Resident (Green Card holder), and your spouse is currently legal in the United States, as of August 1, 2013 you could file for Adjustment of Status (I-485 Benefits). That will include an application for a Green Card, Work Authorization, as well as a travel permit. The work card will be issued in 60-90 days in most jurisdictions.

Applicants that are waiting abroad to obtain permanent residency, will need to go through Consular Processing in order to obtain the Immigrant Visas at the end of the process. How does it really work?

During the interview, the consular official will confirm the information contained in the DS-260 application, screen for any applicable ground of inadmissibility, review the supporting documents, confirm that the medical exam does not reveal any health-related problem that could prevent approval or require a waiver, and determine whether the applicant is likely to become a public charge.

If the applicant is inadmissible for a ground that is waivable, the applicant will submit the waiver form and supporting documentation to the LockBox in the United States that process such waivers. Typically 6 months or so for processing time. The consular officer has the right to inquire into the validity of the marriage or the relationship that forms the basis of the immigrant petition.

We are all waiting for Immigration Reform. The proposals are very promising, and most of us can not wait. But Changing our country’s Immigration system, may come with a price. Obviously, we can not help everybody. It seems that while the focus is on Skilled Workers, the concern is that certain family categories may be affected as part of the Reform.

“Green cards are economic engines for the country,” Lindsay Graham, R-S.C., a member of the so-called Senate Gang of Eight working on immigration reform, recently told the Associated Press. “This is not a family court we’re dealing with here. We’re dealing about an economic need.”

Under Sen. Graham’s proposal, he would do away with petitions for brothers and sisters of US citizens (F4) and adult children (F1 and 3). Only family petitions for spouses and minor children would remain (IR and F2A). He said that he wants to focus on getting more skilled workers into the US and reserve family petitions only for spouses and minor children — not for siblings or adult children.

Clients and Blog readers are often asking about the Conditional Green Card, what conditions? Very Confusing subject. In this Blog Article, Marie Puertollano from our office covers this issue.

An immigrant can obtain a Permanent Resident Card, also called “green card,” through marriage to a US citizen. The green card is conditional if the marriage was less than two years old on the day the applicant (the immigrant) was given permanent residence.

The conditional green card is valid for two years only. The applicant must file an I-751 application before the green card expires. Never count on the USCIS to remind you of the two year deadline.

Following our updates on the Visa Waiver Adjustments, here is a summary from USCIS Headquarters Liaison Meeting. We report some good news for many Visa Waiver Overstay clients that are married to US Citizens.

The American Immigration Lawyers Association presented the following question to the Service:

Members continue to report inconsistencies in the treatment of these cases. AILA requests that USCIS remind the field that immediate relatives admitted on a visa waiver are eligible to adjust and to release that guidance to the public, so that AILA members and stakeholders in general can address issues that may arise in field offices that are not adjudicating applications in a manner that is consistent with the guidance.