This is a tricky situation. A conditional green card holder cannot change or adjust her status to another conditional green card while she’s still in conditional status. Plus, if her last entry was as a conditional green card holder (i.e., got her green card then went on vacation in Mexico and re-entered), there is some… Read More »
The Misrepresentation WaiverThe Immigration and Nationality Act provides a waiver to individuals who are found inadmissible under §212(a)(6)(C)(i) for committing fraud or willful misrepresentation of a material fact at to any DHS officer (whether by lying, using false documents, or otherwise attempting to gain lawful entry into the US by fraudulent means). Whether a statement… Read More »
Stephen, this one’s for you.Marriage to a US citizen does not protect a LPR (lawful permanent resident) from losing his/her permanent residency if the LPR and their US citizen spouse decide to live outside of the U.S.Typically when an LPR expects to be out of the US for longer than 6 months for a temporary… Read More »
Under INA 245(i), if a family or employment-based immigrant visa or labor certification was filed for an immigrant before the cut off date of April 30, 2001 and the immigrant was physically present or living in the US (legal or not legal), the immigrant will usually not have to leave the U.S. to process and… Read More »
Under the Immigration and Nationality Act (INA), a fiance visa holder has 90 days upon entry with a fiance visa to marry the US citizen petitioner before the visa expires. That 90 day period often serves as a test period for couples who have been physically separated, sometimes for months, and have only been corresponding… Read More »
Section 216 of the Immigration and Nationality Act creates a system where immigrants who have attained their conditional permanent residency are granted a green card for two years. Within 90 days of the two-year anniversary of the initial grant of conditional status, i.e. a green card, the immigrant and the immigrant’s spouse must file with… Read More »
The National Network to End Violence Against Immigrant Women and the National Immigration Project are considering litigation to challenge the unlawful denial of VAWA (abuse-based immigration green card) applications for applicants who are present without being admitted or paroled (Entered illegally).The problem lies in two contradictory sections of the law. Pursuant to INA § 245(a),… Read More »
An immigrant’s past unlawful presence in the U.S. (defined as “illegal entry & illegal stay” or “legal entry & overstay”) can ruin marriage plans when a U.S. citizen is trying to help legalize his or spouse’s status. Many immigrants have no idea about the 3 and 10 yr. bars for prior unlawful presence. The three… Read More »
Immigrants with prior deportation orders or immigration violations who live within the 9th Circuit and who are married to U.S. citizens or lawful permanent residents may be able to get their green cards, despite their prior immigration violations. Those who live in the states of California, Arizona, Nevada, Alaska, Hawaii, Montana, Idaho, Oregon, Washington and… Read More »
This is a common consultation scenario. The conditional resident immigrant has a 2 year green card because their marriage to their US citizen spouse was less than 2 years old at the time the green card was granted (approved). The conditional LPR will lose his or her green card if s/he does not petition with… Read More »
