Archive for the ‘FAQ Marriage-Based Green Card’ Category
ALERT: 10/28/11 Deadline for Certain Widow(er)s to File I-360 Green Card Petition
There is a rule that allows surviving foreign national spouses to file for green card status following the death of their U.S. citizen husband or wife. The rule used to be that the couple had to be married two years at the time of the death for the foreign national to qualify. On October 28, 2009, a law abolished this requirement. Now, widow(er)s of U.S. citizens married for any length of time (even shorter than two years) can file an I-360 self-petition for immediate relative green card status. However, the law states that the petition must be filed within two years of the U.S. citizen’s death.
For deaths that occurred prior to October 28, 2009 when the above law passed, widow(er)s must file their I-360 green card petitions by October 28, 2011. This is a very important deadline. Such widow(er)s will not be able to qualify for this type of green card petition otherwise if they miss the deadline.
Please contact our San Francisco immigration law office if you need assistance with filing an I-360 petition by October 28, 2011.
Tags: green card, I-360, immediate relative, U.S. citizen death, widow, widower
Posted in Alerts, FAQ Marriage-Based Green Card, Immigrant Visas | Read More »
Do I need a re-entry permit to enter the U.S.?
Re-entry permits are required for lawful permanent residents (“green card holders”) who intend to be outside the U.S. for 1 year or more but who want to preserve their immigrant status. This includes those traveling, working, and/or residing abroad. If a green card holder is going to be outside the U.S. for less than 1 year, a re-entry permit may not be required to maintain status.
Re-entry permits are generally granted for 2 years and cannot be extended. However, a person with a re-entry permit may enter the U.S. before the expiration of the 2 years and apply for a new 2-year period. Applicants must apply for a re-entry permit while physically present in the U.S. Please note that the USCIS requires that biometrics be taken for these applications and it is best to complete the required biometrics before departing the U.S. If not, the USCIS may deny the application if the applicant does not complete the required biometrics in a timely fashion.
Even though a person holds a valid re-entry permit, the Department of Homeland Security (DHS) may still inquire about the person’s absence from the U.S. This is more common if the individual has been living abroad for several years. Please note that if a person stays outside the U.S. for 1 year or more without a re-entry permit, the DHS considers this an abandonment of the green card.
Please contact our San Francisco immigration law firm if you’d like assistance with a re-entry permit or have questions about the requirements or process.
Tags: abandonment, Form I-131, green card, lawful permanent residence, re-entry permit
Posted in FAQ Employment-Based Green Card, FAQ Marriage-Based Green Card, Immigrant Visas, USCIS | Read More »
What should I expect at my marriage-based green card interview?
Marriage-based green card interviews are scheduled in cases where a U.S. citizen has petitioned for his/her spouse’s lawful permanent residence. Once the case is filed, reviewed and biometrics have been taken, the USCIS will schedule the couple for an interview at a USCIS local district office closest to their residence. The purpose of the interview is to determine whether the marital relationship is bona fide. It is critical to be well-prepared for these interviews. The interview occurs in an office setting, with the couple sitting across the desk from the USCIS officer. Attorneys are allowed to be present at these interviews, but typically sit off to the side as a watchdog over the USCIS officer.
During this interview, the officer will place the couple under oath, review their original documents (marriage certificate, joint documents, etc.) and ask questions about the documentation provided and the couple’s relationship. The questions typically include the following (although this is not an exhaustive list):
1. How did you meet?
2. When did you start dating?
3. How long were you dating before you became engaged?
4. Who proposed to whom?
5. When did you get married?
6. What was the wedding like?
7. Were your families at the wedding?
8. If not, why not?
9. Have you met each other’s families?
10. What are their names? (asking one about the other’s family)
11. What are your plans in the next 5 years?
Please contact our immigration law office if you need assistance with preparing for your marriage-based green card interview.
Tags: adjustment of status, bona fide marriage, marriage green card, marriage interview
Posted in FAQ Marriage-Based Green Card | Read More »
When do I need a joint sponsor for my marriage-based green card case?
As a general rule, the U.S. citizen petitioner in a marriage-based green card case must show the United States Citizenship and Immigration Services (USCIS) that he/she has sufficient income to ensure that the beneficiary-spouse will not become a public charge (i.e. need welfare benefits, etc.). This information is set forth on what is known as an Affidavit of Support, which is filed at the same time as the green card petition. The petitioner’s income must meet or exceed 125% of the Federal poverty guidelines indicated for petitioner’s household size. The Federal poverty guidelines are updated each year and published by the Federal government. The current guidelines are found at this link: http://www.uscis.gov/files/form/i-864p.pdf. For example, currently, for a household of two, the amount that a sponsor must meet or exceed is $18,212 per year.
If the petitioner cannot meet the income requirements for his/her household size, he/she must have a U.S. citizen joint sponsor for the green card petition, which is typically a family member or friend (although it can be any U.S. citizen willing to jointly-sponsor the beneficiary). The joint sponsor will sign a separate Affidavit of Support and attest that the beneficiary will not become a public charge. The petitioner’s Affidavit of Support and the joint sponsor’s Affidavit of Support will both be included in the green card petition, along with supporting documentation confirming the income stated. Examples of supporting documents include tax returns, recent paystubs, and a letter from the sponsor/joint sponsor’s employer verifying the person’s salary and employment. If you need assistance with your marriage-based green card petition or have any questions about the above joint sponsorship requirements, please don’t hesitate to contact our office.
Tags: green card, I-130, joint sponsor, marriage-based, permanent resident, spouse
Posted in FAQ Marriage-Based Green Card, Immigrant Visas | Read More »
How do I remove the conditions on my marriage-based green card if the marriage is terminated?
An individual who obtained conditional residency based on marriage to a U.S. citizen, but thereafter the marriage was terminated, may file a Form I-751 waiver petition to remove the conditions on his/her green card. This waiver applies to both marriages that end in divorce and marriages during which the beneficiary spouse or child was the victim of battery or extreme cruelty perpetrated by his/her U.S. citizen father or spouse.
Waiver Based on Divorce
An individual who married his/her former U.S. citizen spouse in good faith, but thereafter divorced, may file a Form I-751 waiver to remove the conditions on his/her green card. The divorce must be final before the waiver petition is filed. The USCIS will not accept a waiver petition for a couple that is separated, but not divorced.
Typically, a couple that is still married when it comes time to file for removal of the conditions must jointly file a Form I-751 petition, along with supporting documentation of their continuing bona fide marriage. This joint filing requirement is waived if the couple is legally divorced. That is, the foreign national can apply alone without the former spouse’s input or signature.
A waiver petition based on divorce must include evidence that the marriage was entered into in good faith (and not to circumvent immigration laws), records showing combined assets at some point during the relationship, evidence showing the length of time the parties cohabitated, and the final divorce judgment/decree.
For married couples, the I-751 petition can only be filed within 90 days of the expiration of the initial 2-year green card. For a divorced petitioner filing an I-751 waiver, the waiver petition can be filed at any point following the divorce and before the conditional residency expires. In limited circumstances, the immigration service may grant a waiver following the expiration of the conditional residency, but it is discretionary.
Waiver Based on Being the Victim of Cruelty
An individual who married his/her former U.S. citizen spouse in good faith, but thereafter fell victim to battery and/or extreme cruelty perpetrated by his/her U.S. citizen spouse, may file a Form I-751 waiver to remove the conditions on his/her green card. The couple need not be divorced as stated above for this waiver category to apply. This category also applies to battery or extreme cruelty perpetrated against the beneficiary’s children.
The immigration service has stated that this category includes being the victim of any act or threatened act of violence, including psychological or sexual abuse, or any forceful detention which results or threatens to result in physical or mental injury. A waiver petition based on being the victim of cruelty may be supported by any credible evidence and the immigration service will keep all evidence confidential.
Form I-751 waiver petitions are separate and independent and multiple grounds should be asserted where applicable. Please don’t hesitate to contact our office if you need assistance with an I-751 waiver petition.
Tags: cruelty, divorce, marriage green card, removal of conditions, waiver petition
Posted in FAQ Marriage-Based Green Card, I-751 Waiver Petitions | Read More »
