Immigration law is complex, and many immigration lawyers specialize in just one or a few areas of the law. For example, filing for political asylum is quite different from filing for a work visa or for a green card. Here are a few questions to ask a lawyer before hiring:
If you are legally entitled to citizenship via the 14th amendment to the constitution then a lawyer can also help to prepare those papers. If you have a lot of spare time and an eye for detail, you might be able to complete your paperwork without an immigration lawyer.
Yes, you can marry anyone you like, unless it happens to violate local laws. Some U.S. states, for example, don't recognize a marriage between close family members or people under a certain age. But such situations are rare. The person's immigration status (legal or not) has no bearing on whether your marriage will be recognized as legal.
An immigrant who marries a U.S. citizen must apply for a green card (U.S. permanent residence). This is a long process involving many forms and documents. The immigrant can be refused entry if he or she is found inadmissible, perhaps because of a medical problem, criminal history,...
In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed.
Will My Immigrant Spouse Become a U.S. Citizen Automatically? Sorry, but no. An immigrant who marries a U.S. citizen must apply for a green card (U.S. permanent residence). This is a long process involving many forms and documents.
The cost involved with obtaining a green card through marriage varies depending on your age and immigration circumstances. The USCIS lists the green card fee cost as: $535 for the I-130 petition. $85 biometrics services fee.
The USCIS has the discretion to suspect and subsequently investigate a marriage that may bring immigration benefits to analien. If the USCIS has reasons to suspect that the marriage is a "sham marriage", the USCIS officers have the authority to investigate.
The sponsor's responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States.
The most common minimum annual income required to sponsor a spouse or family member for a green card is $22,887. This assumes that the sponsor — the U.S. citizen or current green card holder — is not in active military duty and is sponsoring only one relative.
$1760Cost Of Applying For A Marriage Based Green Card In The U.S. As of February 2021, the cost of applying for a marriage-based green card in the United States is $1760. However, it is important to note that these fees may be subject to change.
The beneficiary, or person who is applying to receive a green card, is generally automatically eligible to receive a green card once they are lawfully married to a U.S. citizen or green card holder.
USCIS will issue you a conditional Marriage Green Card if you have been married for less than 2 years at the time of your interview. You can apply for a permanent Marriage Green Card after two years of marriage. Check out this article for more information on how to apply for a Marriage Green Card.
If you are at U.S. port of entry or under investigation DHS may be able to view your phone calls and text messages. DHS also views your social media information.
USCIS does not do it. an FBI might do it.
Immigration and Customs Enforcement has crafted a sophisticated surveillance dragnet designed to spy on most people living in the United States, without the need for warrants and many times circumventing state privacy laws, such as those in California, according to a two-year investigation released Tuesday by the ...
What an Immigration lawyer can do for you. Successfully steering your immigration case through the complex processes and numerous deadlines is extremely difficult if you don't have an immigration attorney. Immigration law is constantly changing, and it's very difficult for most people to understand what's required and when.
Most people hire immigration lawyers to help them quickly and accurately file their immigration paper work. Because immigration attorneys have had years of experience filing for different immigrants, they understand the requirements and what to expect when interacting with USCIS and applying for US citizenship. An experienced immigration lawyer can help with nearly any immigration case, including:
It’s important to research multiple attorneys in the US in order to find the one with the necessary skills and experience for your case. Immigration law is complex, and many immigration lawyers specialize in just one or a few areas of the law. For example, filing for political asylum is quite different from filing for a work visa or for a green card. Here are a few questions to ask a lawyer before hiring:
Obtain legal status: If you do not have documentation or have overstayed a temporary visa, an attorney can advise you on your next step. If you are legally entitled to citizenship via the 14th amendment to the constitution then a lawyer can also help to prepare those papers.
A lawyer can help fill out your application or look it over before you submit it, making sure you have all the required documentation. This can help you avoid the extra time and expense of having to redo all of your work.
You have received notice of a deportation proceeding against you. A lawyer can help you figure out if there is any way to stop it. Often times it is difficult to intervene with homeland security but not impossible.
Citizenship: An attorney can help you apply for naturalization, acquire derivative citizenship for your children , or obtain proof of citizenship.
The first step of the process of getting a green card through marriage is to submit Form I-130 to U.S. Citizenship and Immigration Services (USCIS). This form will essentially establish to the government that a valid, bona fide marriage exists. The spouse filing the I-130 is called the “petitioner” or “sponsor.” This is the spouse who is a U.S. citizen or current green card holder. The spouse seeking a green card is called the “beneficiary” or “green card applicant.”
A bona fide marriage is one that is real and genuine in which the two people intend to establish a life together as husband and wife. Although this can mean different things to different people, one thing is clear: A marriage entered into for the sole purpose of getting the non-citizen a green card is not bona fide. This is called a “sham” or “fraudulent” marriage, and uncovering these relationships is a top USCIS priority.
Couples do not need to have been married in the U.S. for the marriage to be considered legal. It is perfectly acceptable for couples to marry in the immigrant’s home country or in some other destination of their choice. A variety of marriage procedures may also be recognized, from church weddings to customary tribal practices—if recognized as valid in that country.
There are only two types of people with U.S. residence rights who can obtain permanent residence or green cards for their spouses: U.S. citizens and U.S. lawful permanent residents (green card holders). People with temporary rights to live in the United States (such as with visas or work permits) cannot petition for their spouse to become a permanent resident, though they might be able to bring them to the U.S. on a short-term visa.
When you submit your immigration application form without consulting an expert you may possibly be committing common mistakes that can cause major problems in your immigration process. An immigration lawyer helps in determining why your application was rejected in the first place and whether it is possible to appeal the application or not.
If you are previously deported or excluded from entering a country, you will need the help of an immigration attorney to settle the dispute. In extreme cases, deportation can result in a complete ban from future applications. An immigration lawyer helps in obtaining legal status and determines the depth of the problem.
Each country has different laws and regulations regarding the medical conditions of immigration applicants, and the impact of those conditions on entering a country. Generally, communicable diseases like Covid-19 without a vaccine can prevent you from entering many countries.
You might need an immigration attorney if your marriage was terminated before you were able to remove certain conditions from your permanent resident status, or if you acquired status and terminated the marriage shortly after landing.
An employment-based visa can be a complex process, especially when your company is not well-established, or overlooks all its obligations.
Eligibility for permanent resident status can differ from country to country. It is generally based on the age citizenship applicants and is different for applicants under the age of 22. Applicants under the age of 22 are typically non-taxpayer students who migrate in order to have better education and future.
An immigration lawyer helps you articulate your refugee claim ’s basis, and protection under the Refugee Protection division of the Immigration Refugee board. Once you fall within the criteria and fulfill legal requirements, an immigration lawyer will provide legal assistance and guide you throughout the process.
To find out the exact requirement of the country of your intended marriage, your best resource is that country's embassy or consulate in the United States. The U.S. State Department's website provides contact information.
petitioner to succeed in sponsoring the immigrant, he or she will need to show sufficient financial resources to support that person at or above 125% of the income levels set by the U.S. Poverty Guidelines (issued annually). The petitioner will, as part of proving this, need to fill out an Affidavit of Support on USCIS Form I-864.
Don't set a wedding date before knowing, for example, whether the country where you plan to marry in requires that you stay there for a minimum period of time first; or pack your bags before learning whether you need to obtain a particular type of visa or bring your birth certificate or other documents.
Contrary to popular misconception, marriage between a U.S. citizen or permanent resident and a foreign-born person does not automatically confer upon that person U.S. citizenship or other immigration status. You will have to file a good deal of paperwork first, and get through a lengthy application process before the foreign-born spouse can so much as set foot in the United States.
After successfully obtaining a green card, the immigrant spouse can, after three years as a permanent resident, apply for U.S. citizenship. (This assumes that you're still married and living together when the immigrant applies. If not, the waiting period changes to five years.)
If the petition is approved it will be forwarded to the U.S. consulate in the immigrant's home country for review. An interview with the applicant will be scheduled to take place at the consulate.
Sorry, but no. An immigrant who marries a U.S. citizen must apply for a green card (U.S. permanent residence). This is a long process involving many forms and documents. The immigrant can be refused entry if he or she is found inadmissible, perhaps because of a medical problem, criminal history, past immigration violations, or the U.S. immigration authorities' belief that the marriage is a fraud to get a green card.
The process of helping a spouse immigrate is much easier for citizens than green card holders. That's partly because a visa is immediately available to the spouse of a citizen (who is an "immediate relative," in immigration law terms).
If you're confused or intimidated by the information above, you've probably already got an idea of why contacting an immigration attorney might be a good idea. Immigration laws are notoriously complicated, and the application procedures involve a forest of paperwork and arcane rules.
with inspection (on a visa) as opposed to having crossed the border or otherwise evaded inspection by immigration officials, gives your spouse an important procedural right: to " adjust status " in the U.S., that is, to file his or her green card application at an office of U.S. Citizenship and Immigration Services (USCIS) and attend his or her interview at a local USCIS office. All of this can be done regardless of the length of time the visa was expired, and without leaving the U.S. for a U.S. consulate. (In fact, you should avoid at all costs having your spouse leave the U.S. until receiving the green card, for reasons of the "three- and ten-year time bars described next.)
Contrast that with the situation faced by spouses of lawful permanent residents. They are able to start the immigration process as soon they're married, by filing USCIS Form I-130, but that only puts the foreign-born spouse on a waiting list.
For most couples, deciding where to get married can be challenging. Add in a foreign spouse and U.S. immigration laws, and the task becomes even harder.
If you decide to get married abroad, you will have to go through Consular Processing (CP). Applicants living outside the United States must normally use consular processing to apply for a green card. Applying through consular processing means you’ll wait in your home country while your green card application is processed. That can take several months, but it’s generally much quicker than AOS, and you can continue your regular employment in the meantime.
You will need to file Form I-130 and then Form DS-160 (also called the Online Nonimmigrant Visa Application), followed by a medical exam and an interview at a U.S. embassy or consulate. Although this can sometimes be a long process, this option does lead to a green card as soon as you arrive in the United States.
This is because USCIS says the law of the place where the marriage was celebrated determines whether the marriage is legally valid for immigration purposes. Finally, marriage fraud or the intent to fraudulently immigrate to the United States through marriage is taken very seriously by USCIS.
With Boundless, you get an independent immigration attorney who can answer all legal questions related to your application. Boundless also makes the whole application process easy by turning all the government requirements into simple questions you can answer online — on your own time.
Again, be mindful of the “90-day rule” — temporary visa holders who marry or apply for a green card within 90 days of entering the United States could find their green card applications denied and their current visas revoked. They may also find it hard to obtain a U.S. visa in the future.
After marrying in the United States, you will file Form I-485, which will require biometrics and possibly an interview. If the non-U.S. partner intends to seek employment or travel outside of the United States while the green card application is being processed, he or she must file for a work permit and a travel permit.
VisaNation Law Group K-1 visa lawyers have assisted several clients with complex situations and have successfully obtained K-1 visas for foreign citizen fiancé (e)s.
Definition of a Fiancé (e) According to the regulations set by United States immigration law, the official definition of a fiancé (e) is anyone who receives an I-129F Petition for Alien Fiancé (e) that has been approved.
Once the U.S. embassy or consulate where the foreign-citizen fiancé (e) will apply, receives the petition from NVC, it will provide the foreign-citizen fiancé (e) with specific instructions, including where to go for the required medical examination. The foreign-citizen fiancé (e) will then be called in for an interview at the consulate for the issuance of a K-3 visa.
Another reason why your visa might be denied is if the immigration officer at the U.S. Consulate or Embassy is not convinced of the legitimacy of your engagement. Unfortunately, this can easily happen if there has been a high number of fraudulent applicants coming from your particular country.
Once the marriage has taken place, your new spouse is able to apply for Adjustment of Status in order for him/her to work and live permanently in the country, effectively finishing the K-1 visa process