what kind of lawyer would know about immigration via marriage

Full Answer

Do you need a lawyer for immigration marriage?

You are never required to use an immigration lawyer. The immigration statute gives you the right to have an immigration attorney if you want to retain one. The attorney can file legal documents as your representative and can appear with you at immigration interviews. But you are never required to have one if you prefer not to.

How to find the best immigration lawyer?

Make a list of immigration attorneys in your area.

• Many state bars have programs where attorneys can become certified specialists in Immigration and nationality Law. ...
• Use the search function on the American Bar Association's website to find your state bar association.
• If you don't want to call the state bar association, you can do an online search. ...

More items...

How to become an immigration attorney?

How to become an immigration lawyer

1. Earn a bachelor's degree. Before attending law school, future lawyers first obtain a bachelor's degree. ...
2. Obtain a J.D. After graduating with a bachelor's degree, it's time to pursue your J.D. ...
3. Gain hands-on experience. ...
4. Develop your skills. ...
5. Earn certifications. ...
6. Gather clients. ...

What to ask an immigration lawyer?

You can use our Ask Lawyer service to ask and submit questions about U.S. immigration to an accredited U.S. Attorney.

How does immigration investigate marriage?

Usually, the USCIS officers may visit the suspect couple at their residence, or visit their neighbors to investigate whether they reside together, share a household, or own property jointly, etc. The USCIS officers may also arrange interviews with the couple at their residence or at USCIS offices.

Can an immigrant get papers through marriage?

It is possible to obtain a green card based on marriage to a U.S. citizen even if you have overstayed your permitted stay under a U.S. visa (or visa waiver).

What happens when you get married to an immigrant?

Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www. uscis.

Does immigration check your marital status?

Evidence of Your Relationship Love is harder to prove than combined financial responsibilities, but USCIS will need to see evidence of a love-based relationship before verifying your marriage. Evidence of your shared relationship can include: Wedding expenses.

Can an immigrant be deported if married to a U.S. citizen?

Can Green Card Marriage Citizens be Deported? Can you be deported if you are married to an American citizen? The answer is yes, you can. About 10% of all the people who get deported from the U.S. every year are lawful permanent residents.

How long does it take to become a U.S. citizen through marriage?

about 5 to 8 yearsThe time it takes to become a U.S. citizen through the marriage process depends on many factors. Typically it would take about 5 to 8 years to become a U.S. citizen through marriage if you are not a green card holder. If you are a green card holder when marrying then it could take less than 3 years.

How long do you have to stay married for green card?

When you obtain a green card through marriage, it will either be a permanent renewable green card that is valid for ten years or a conditional two-year green card. The conditional green card is issued to applicants that have been married for less than two years at the time the green card is issued.

How long do you have to be married to get a green card?

two yearsUSCIS 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.

Do you automatically get a green card when you marry a U.S. citizen?

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.

How do I prove my relationship to immigration?

Download the FREE Immigration E-Book!Who Qualifies for a Family-Based Visa. Once you're married, you'll need to submit taxes together. ... Proof of Shared Living. ... Joint Bank Accounts. ... Insurance. ... Joint Utility Bills. ... Affidavits from Family & Friends. ... Photographs. ... Social Media Posts.More items...•

Does immigration check text messages?

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.

What happens if you fake a marriage?

Federal Law Punishes Marriage Fraud Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.

What is a Marriage Visa?

A Marriage Visa is a visa that grants the spouse of an American citizen the right to come to the United States and obtain a Green Card. It may also...

What are the Requirements for Marriage Visa?

There are a few requirements that must be met in order to successfully obtain a Marriage Visa. For one, you or your spouse must be a U.S. citizen....

What is the CR1 Visa Processing Time?

The processing time for a CR1 visa, from beginning to end, is generally 10 months to a year. If you are a permanent resident rather than a citizen...

What is the Immigration Lawyer Marriage Cost?

Government and medical fees for a CR1 generally total around $1500 depending on the country you or your spouse is emigrating from. The cost is not...

Will getting married affect my immigration status?

In general, if you are married to a United States citizen or legal permanent resident, and you can prove the validity of that marriage, you can app...

Can I get a green card if I marry a U.S. Citizen?

According to the USCIS, if you are seeking naturalization on the basis of marriage to a United States citizen, you must continue that marriage from...

Can I get a green card if I marry a Legal Permanent Resident?

Generally the same rules and process apply to getting a marriage green card if your spouse is a Legal Permanent Resident. However, if your spouse i...

How do I apply for a marriage green card?

There are typically three steps to applying for a green card as the spouse of either a U.S. citizen or legal permanent resident. The first step is...

What is conditional permanent residency?

If you immigrated to the U.S. based on a marriage to a U.S. citizen that is less than two years old at the time of your approval you will likely re...

What is conditional residence status?

If you have been married to a United States citizen for less than two years you can achieve conditional residence status. This status is condition...

How will my divorce impact my immigration status?

The terrible truth is that many marriages end in divorce. Divorces are ugly by nature and when either person’s immigration status is involved it ca...

What do I do if my spouse alleges bad faith in the divorce petition?

In a large portion of divorce cases where immigration status is tied to one of the parties, the other will allege the marriage was made in ‘bad fai...

What do I do when the divorce is final?

Once your divorce is finalized the divorce decree has to be given to USCIS with form I-751 to remove the conditions on your residence. Additionally...

What if I am undocumented and I get divorced?

Just as marrying a U.S. citizen doesn’t grant you automatic citizenship, divorcing doesn’t automatically mean you will be deported. In fact, divorc...

Your foreign national spouse entered the United States illegally (with no authorization)

Your foreign national spouse entered the United States illegally (with no authorization). With very limited exceptions, foreign nationals cannot get a green card based on marriage if they entered the United States illegally.

You have not yet filed an application based on your marriage to a US citizen or LPR because of marital problems

You have not yet filed an application based on your marriage to a US citizen or LPR because of marital problems. This is the perfect time to consult an attorney. You may qualify to petition for yourself instead of having your spouse petition for you. Do not assume that you cannot obtain a green card because your valid marriage has gone sour.

You are a conditional resident and currently having marital problems

You are a conditional resident and currently having marital problems. If Immigration granted conditional residence based on a marriage that was less than two years old, then you will have to file a petition with your spouse to remove conditions. Sometimes, those cases require another interview.

Your application was not approved based on an allegation of fraud

Your application was not approved based on an allegation of fraud. Contact an attorney immediately. It is best to address your case while evidence of your valid marriage is fresh. Do not assume that you can put this behind you because Immigration left you alone.

What is the role of an immigration attorney?

The immigration attorney’s role is to make sure that their client’s legal rights are not violated. Every person who goes to an interview is entitled to be represented by a lawyer at their own expense.

What is the process of getting a green card for a foreigner?

citizen, the process of securing a green card is known as adjustment of status with the United States Citizenship and Immigration Services (USCIS). If the foreign national is outside of the United States, they must go through Immigrant Visa Processing, also known as Consular Processing.

What to do if you are getting divorced while working on your immigration status?

If you are getting divorced while working on your immigration status and there are children involved you need to contact an experienced and qualified immigration attorney. Don’t lose custody of your children because you didn’t know your rights.

What does it mean when a spouse alleges their non-citizen partner is married in order to get

This allegation at its core means that one spouse alleges their non-citizen partner married in order to get a green card .

How long do you have to live in a marriage to get spousal naturalization?

citizen for at least three years after the date of the application filing. USCIS defines ‘living in marital union’ as actually residing together.

What form do I need to file a joint petition for divorce?

Once your divorce is finalized the divorce decree has to be given to USCIS with form I-751 to remove the conditions on your residence. Additionally, if, at the time your divorce is finalized, you still want a green card, you have to submit a Waiver of the Requirement to File a Joint Petition.

What happens if your marriage is no longer valid?

Alternately, if your marriage is no longer valid on that date you will lose your conditional residency status and ultimately become deportable.

What form do I need to apply for a marriage green card?

When you apply for a marriage green card, you spouse sponsor must sign an Affidavit of Support (Form I-864) demonstrating that you, as the non-citizen spouse, have enough financial means that you will not rely on the government for financial assistance.

Does divorce affect immigration status?

You need to understand the impact a divorce could have on your immigration status. As with most aspects of your immigration case, timing is very important when it comes to your marriage green card as well as your divorce.

What happens if a non-American citizen is married?

When the non-American citizen lives in another country, he or she may arrange a marriage with a citizen to enter the country. This usually provides the person with an immediate visa to live and even work in the country permanently. However, if the marriage is not valid or this is an arrangement, the immigration authorities may charge one or both parties with marriage immigration fraud. This is a fake or fraudulent relationship between the two spouses with the intention of deceiving officials for the visa and work authorization into the country. The couple may need to attempt to prove that the marriage is valid over the course of an investigation.

What happens if you get convicted of marriage fraud?

When facing a conviction for marriage immigration fraud, the individual could suffer through fines as high as $250,000. The possibility of deportation exists along with the loss of the current status in the country. The conviction usually comes with a lifetime ban of acquiring citizenship in the United States. The annulment of the marriage is common. Depending on the severity of the crimes and the situation, federal charges could convict the person with even greater penalties. The citizen of the country can also face complications which lead to punishments for involvement.

What happens if a couple falsifies their marriage documents?

When the couple falsifies the marriage documents, attempt to deceive the immigration authorities or set up a fake living arrangement in order to try to meet the marriage requirements, the two spouses may commit marriage immigration fraud. Some marriages are only that of convenience where the foreign national provides money and the United States citizen legally marries the person for a visa. These marriages are illegal and can lead to both charges and possible penalties if the court convicts the person of these actions. The

What are the requirements for a marriage of convenience?

The criteria include the need for a valid marriage license, the age of consent for both parties, a lack of fraud or misrepresentation and the USCIS looking into the matter often. The two spouses may also need to live together and have some kind of relationship for the marriage to remain valid rather than separating once the foreign national immigrates.

What You Need to Know About Marriage Immigration Laws

Getting a marriage-based green card may seem complicated, but there are just a few simple steps that one needs to follow in order to obtain one. Here is everything you need to know about marriage immigration laws: the whole process, from requirements to marriage.

Requirements and Eligibility

If a non-U.S. citizen is married to a U.S. citizen or permanent resident, they can apply for U.S. lawful permanent residence, otherwise known as a marriage-based immigrant visa or green card. To be eligible under U.S. marriage immigration laws, the immigrant and their spouse must show:

Process for Getting a Marriage Green Card

The total processing time for a marriage-based green card is anywhere from 9-36 months, depending on whether the immigrant is married to a U.S. citizen or a U.S. green card holder (lawful permanent resident). The best way to ensure the AOS application does not get delayed is to file all the paperwork correctly the first time around.

Can I get a green card if I am married?

If you are married to a U.S. citizen or lawful permanent resident, you may be eligible for a green card. Discover the best path to residency based on your current status and specific circumstances.

Can I get a visa if I am married?

If you are married to a U.S. citizen, applying for an immigrant visa may be the next step in your goal towards permanent residency. We can evaluate your situation, and guide you step-by-step through the process - whether in the U.S. or hoping to come here from abroad.

Can I get a visa for my spouse?

If you are a lawful permanent resident, you may be eligible to request a visa for your foreign spouse. Visas are limited, but we can help you understand the process and maximize your chances of a timely approval.

How to get a marriage visa?

To qualify for the Marriage Visa, you must meet the following requirements: 1 You are a US Citizen or Permanent Resident.#N#Currently, the CR1 Visa is only available to US Citizens. If you are a permanent resident, you may file for a marriage visa (F2A spousal visa) as an alternative. It is a very similar process; however, it does take a bit longer. 2 You must be married.#N#You cannot file a marriage based petition until you are married. If you prefer to marry in the United States at a later point, the fiancé visa is the appropriate visa. 3 You can support your spouse in the United States.#N#You must meet the federal poverty guidelines to show that you can support your Spouse. If you do not meet the requirements, you can use a cosponsor and/or other assets to meet the requirements. 4 Your spouse must have obeyed US Immigration Laws.#N#When applying for a spouse visa, your spouse must be eligible to receive an immigrant visa. Certain things, such as an illegal entry or overstaying a visa can seriously complicate the process. If this is the case in your situation, feel free to call us to discuss.

How long does it take to get a marriage visa in the US?

Approval and transfer to the US Embassy in the country of your spouse will usually take 1-3 months. Once the US Embassy receives your file, your spouse will need to schedule a medical exam and prepare for the interview. If the interview is successful, then your spouse will be issue the marriage visa.

How long does it take for a spouse to get a green card?

Once they use it to come into the United States, the visa converts to a Green Card. The Green Card will generally be issued within a month or two after arrival.

Is a consular interview required for a US citizen?

While it doesn’t hurt for the US citizen to attend this interview, it is not required.

Can my spouse get a visa?

Your spouse must have obeyed US Immigration Laws. When applying for a spouse visa, your spouse must be eligible to receive an immigrant visa. Certain things, such as an illegal entry or overstaying a visa can seriously complicate the process. If this is the case in your situation, feel free to call us to discuss.

Establish Permanent Residency

Establishing permanent residency is the first step to acquiring U.S. citizenship by marriage. The Permanent Resident Card, also known as Form I-551 or a “green card,” provides proof that you are a permanent resident of the United States and is granted by U.S. Citizenship and Immigration Services (USCIS).

Immigration Through Marriage to a U.S. Citizen

To enter the U.S. legally if you are married to a U.S citizen, your spouse should complete Form I-130, Petition for Alien Relative, and all required documentation and filing fee to obtain the proper visa permission to immigrate to the U.S.

Green Card Through Marriage

After your arrival, you should file Form I-485, Application to Register Permanent Residence or Adjust Status, and pay the filing fee to adjust your status to that of a permanent resident in the United States. If you are already in the U.S. legally, you should file both forms at the same time.

Applying for Citizenship

Now, the big question arises: “When can I apply for U.S. citizenship?"

Final Considerations on Getting U.S. Citizenship Through Marriage

Remember that the final authority regarding all immigration and citizenship issues lies with the USCIS, so be sure to consult the USCIS website for further information, especially the USCIS Policy Manual Citizenship and Naturalization Guidance.