Marriage During Removal & Deportation

Getting Married While Facing Removal in  Immigration Court Proceedings

US Supreme Court

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One form of relief available to respondents facing removal in immigration court may be adjustment of status based on marriage to a U.S. citizen.  Adjustment of status permits an admissible alien to obtain lawful permanent residence (i.e., a green card) without leaving the United States.

You should seek the advice of an immigration attorney in determining whether or not this will be a viable form of relief. Factors such as the nature of the allegation against you and/or other legal impediments may prevent you from pursuing this adjustment of status while in immigration court. For example, you would still need to meet the admissibility requirements for adjustment—or obtain a waiver. Read the rest of this entry »

So, what is your thought on this? Let me know!

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The Problem with Marrying a Lawful Permanent Resident

Even with a “marriage made in heaven”, a problem can arise when a foreign national beneficiary attempts to adjust status to become a lawful permanent resident.

Adjustment of status is the process used by a foreign national who is physically present in the United States to obtain a green card. The alternative is to apply for an immigrant visa through a US consulate abroad. Depending upon the particular case load of USCIS service centers in the US, adjustment of status may be preferred by foreign national over consular filing because 1) leaving the US may not be an option if the beneficiary has unlawful presence in the US, 2) it avoids the expense, time of separation and inconvenience of returning tot he home country, 3) adjustment applicants and family members ae entitled to employment authorization and permission to travel while the application is pending (assuming there is no unlawful presence which would trigger a bar), and there are more options for reconsideration of an unfavorable decision by USCIS. Read the rest of this entry »

Ideas anyone?

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Were’s My New Green Card?

Have you been approved but still have not received your new green card? Here’s why:

Green Card Delays

USCIS is announcing that applicants may experience up to an eight week delay in the delivery of their permanent resident card while we are in the process of upgrading our card production equipment.  USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview.  You will need to take your passport to your appointment.  If you do not have a passport, you must bring a passport style photo and government issued photo identification to receive temporary evidence of permanent residence.

If the application is approved subsequent to your interview or by a Service Center or the National Benefit Center, the applicant should bring the above documents to an INFOPASS appointment to be issued temporary evidence of permanent residence in the form of an I-551 stamp.

What are your thoughts on the subject?

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Affidavits of Support for Immigration: Should I Sign?

We receive a lot of questions about Affidavits of Support, but all too often, the question that sponsors fail to ask is, “What are my financial responsibilities if I sign an Affidavit for someone?”

If you sponsor an alien to live permanently in the United States, (i.e., for a green card) by signing an Affidavit of Support you are legally obligated to supporting this individual if the alien receives certain assistance from the government.  The Affidavit, which is Form I-864, is legally binding and commits you from the time the alien arrives in the United States and becomes a lawful permanent resident, until the alien is credited with 40 quarters of work or until he or she becomes a US citizen. Read the rest of this entry »

Enjoy this post? Leave a comment below and add to the discussion. Thanks!

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Green Cards and Entering Without Inspection (EWI)

If you are a citizen of another country and you are entering the USA, you are asked for identity documents at the border /port of entry. The immigration officer will determine whether or not you should enter.

However, some individuals have entered the United  States without inspection (EWI) and, as a result may later face a severe penalty and difficulty if they apply for adjustment of status to obtain a green card.

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Your thoughts?

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Green Card By Marriage …is it legal?

Green Card by Marriage: One of the most common ways to obtain a green card is through marriage to a  US citizen. This is sometimes referred to as a green card marriage. Now before continuing, it’s important to recognize that you can also obtain a green card through marriage to a Lawful Permanent Resident, that is, someone who holds a green card.

But right now we’re talking about obtaining a green card through marriage to a US citizen – we’ll be talking about obtaining green cards by marriage to a LAWFUL PERMANENT RESIDENT a little later.

Obtaining a green card by marriage is where an alien marries a US citizen and thereby becomes eligible to obtain lawful permanent residence in the U.S., that is, a green card. This is completely legal and is provided for by Congress. Read the rest of this entry »

Please share your thoughts by leaving a comment.

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Can You Lose Your Green Card?

Abandoning Permanent Residence Status

Can you lose your green card privileges? The answer is, unfortunately, yes. A “green card,” or rather, a lawful permanent residence card is issued to allow holders to live and work in the United States. It is not to be used as an enhanced tourist visa. It is not uncommon for green card holders to return to their county for a visit, staying longer than planned—and end up losing their green card privileges. Read the rest of this entry »

What are your thoughts on the subject?

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