Family Immigration

Family Immigration Immigration

What is a 212(d)(3) Waiver?

Can I apply for a 212(d)(3) waiver? Generally, anyone who was found to be inadmissible and needs a non-immigrant visa to enter the U.S. can apply for a non-immigrant visa and a 212(d)(3) waiver at a U.S. Consulate abroad. There…

Khadija DerrickMarch 10, 2021

Family Immigration Immigration

Does “Unmarried” Include Those Who are Divorced?

Marriage and Green Card Preference Categories U.S. citizens and lawful permanent residents (LPRs) can petition for certain family members to receive green cards. These family members include married and unmarried sons and daughters of U.S. citizens, and unmarried sons and…

Khadija DerrickMarch 1, 2021

Family Immigration Immigration

President Biden Signs Executive Order to Overturn Immigrant Visa Ban

On April 23, 2020, the former president suspended the entry of certain employment and family-based green cards for 60 days. This proclamation was originally signed on April 22, 2020 (and was valid for 60 days), and President Trump later extended…

Jenny ZhanFebruary 25, 2021

Family Immigration Immigration Visa Waivers

Potential options for noncitizens subject to permanent bar based on unlawful presence.

So, if my spouse is subject to the permanent bar because of his past unlawful presence, subsequent departure and re-entry without admission and inspection, what options if any do we have available? Honestly, not that many. One option to consider…

Jenny ZhanFebruary 18, 2021

Deportation & Humanitarian Immigration Family Immigration Immigration

Adjustment of Status under the benefit of section 245(i) of the Immigration and Nationality Act.

I currently have no legal immigration status in the United States and after years of working with my current employer, my current employer wants to help me obtain my green card. Is it true that I might be able to…

Vojo VrchakovskiFebruary 16, 2021

Family Immigration Immigration

I was born abroad and then adopted. Now I am a U.S. citizen. Can I sponsor my biological parent for a green card?

No. The Immigration and Nationality Act explicitly states that the biological parent and any prior adoptive parent of a U.S. citizen receives no rights, privileges, or status for immigration purposes as a result of that parental relationship. Background The U.S.…

Vojo VrchakovskiFebruary 10, 2021

Family Immigration Immigration

Who is a joint-sponsor? Who is a substitute sponsor? Can the green card applicant’s income be used to show sufficient income for Form I-864?

If you are applying for a green card through Adjustment of Status, in most cases you will have to submit form I-864, Affidavit of Support. Affidavit of Support is basically a contract between the sponsor and the government in which…

Jenny ZhanDecember 15, 2020

Family Immigration Immigration

Do I need to have a health insurance to get a green card in the U.S.? What documents do I need to submit to prove that I have health insurance?

In February 2020, the new Public charge rule began to be implemented in the U.S. Adjustment of Status Petitions that were postmarked after February 2020 have to include a new I-944 form, Declaration of Self-Sufficiency. One section on the new…

Jenny ZhanDecember 11, 2020

Family Immigration Immigration

I filed a family based Adjustment of Status. Where and how will my application be processed? What is USCIS Chicago Lockbox? What is National Benefits Center?

If you recently filed a family based Adjustment of Status application, you may be wondering how and where will your green card application be processed. Please note that you can adjust your status if you are either an immediate relative…

Jenny ZhanOctober 21, 2020

Family Immigration Immigration

Court Rules Son Born Abroad to Same Sex Couple is US Citizen

The 9th U.S. Circuit Court of Appeals in Los Angeles ruled on Friday that a four year old boy conceived from sperm from an Israeli father and born in Canada using a surrogate mother was a US citizen. The boy’s…

Jenny ZhanOctober 13, 2020

Family Immigration Immigration

I filed a green card application. Should I apply for an Advance Parole and Employment authorization card?

If you are filing an Adjustment of Status application (either because a family member sponsored you or based on employment based petition), you may be wondering whether you should apply for a travel and work authorization and whether you should…

Jenny ZhanOctober 8, 2020

Family Immigration Immigration

Filing the removal of conditions application based on the waiver of the joint filing requirement because of a divorce

Will I lose my green card if my green card was granted for two years because I was married to my US citizen spouse for 1 year and we are now getting divorced? No, not necessarily. You can and must…

Jenny ZhanOctober 1, 2020

Family Immigration Immigration

I filed a family based Adjustment of Status. Where and how will my application be processed? What is USCIS Chicago Lockbox? What is National Benefits Center?

Jenny ZhanSeptember 28, 2020

Family Immigration Immigration

USCIS will resume Applying New Public Charge Rule with Applications

USCIS has announced on September 22 that in light of the second circuit’s decision to stay a limited injunction again the Department of Homeland Security’s public charge rule, it will resume applying the new public charge rule against adjustment of…

Jenny ZhanSeptember 23, 2020

Family Immigration Immigration

I entered the US without status 20 years ago but I have family members that have served in the US military. Does this qualify me for a Green Card?

Having a military family member does not automatically qualify a noncitizen for a green card, but the military family member can potentially lead to an easier path in obtaining a green card. In most green card cases, a noncitizen must…

Jenny ZhanSeptember 17, 2020

Family Immigration Immigration

Dealing with the unlawful presence bars when applying for a green card through the adjustment of status process.

I am from Peru and live in the United States with status under Deferred Action for Childhood Arrivals, (DACA) which I obtained 8 years ago when I was 20 years old. I married a United States citizen last year and…

Jenny ZhanSeptember 1, 2020

Family Immigration Immigration

What is advance parole? When would I need to apply for advance parole?

If you are applying for a green card either through a family or employment basis, it may take several months (or even years, depending on your basis for filing the green card application) for USCIS to adjudicate your Adjustment of…

Jenny ZhanAugust 27, 2020

Family Immigration Immigration

What is a green card medical examination? When should I submit my medical exam to USCIS?

If you are currently in the U.S. on a non-immigrant visa and you want to apply for a green card while staying in the United States, you will go through a process called “Adjustment of Status.” As a first step, you…

Jenny ZhanAugust 18, 2020

Family Immigration Immigration

Department of Homeland Security Public Charge Rule Reinstated for all States Except for Vermont, Connecticut, and New York

On July 30, 2020, New York District Court Judge George Daniels issued a nationwide preliminary injunction on the public charge rules. On August 12, 2020, a Second Circuit Court of Appeals order limited the nationwide injunction to Vermont, Connecticut, and New…

Jenny ZhanAugust 18, 2020

Family Immigration Immigration

My spouse applied for a Green Card for me, should I expect an interview?

Most certainly yes. The primary goal when applying for a Green Card through a spouse is to convince the Immigration Officer reviewing your case that the marriage with your spouse is a real marriage also known as a bona fide…

Jenny ZhanJuly 27, 2020

Family Immigration Immigration

Extended time spent abroad and other circumstances that might place my Green Card status at risk. Can I lose my Green Card for being away too long?

Although a green card holder or legal permanent resident, “LPR” is permitted to travel outside the United States, green card holders need to be aware of certain activity that can cause an immigration officer to suspect that they may have…

Jenny ZhanJuly 27, 2020

Family Immigration Immigration

I worked unauthorized in the U.S. Can I adjust my status if I married a U.S. citizen?

Let’s analyze the following scenario: You are currently in the U.S. on a non-immigrant visa (e.g. F-1 visa) and you are planning to file an Adjustment of Status application. In the past, while you were in the U.S. on F-1…

Jenny ZhanJuly 2, 2020

Family Immigration Immigration

What is I-944 form? What evidence do I have to submit with the I-944 form? When do I have to submit the I-944 form?

The I-944 form is used by a green card applicant to demonstrate that he/she is not inadmissible based on the public charge ground of inadmissibility. A green card applicant is inadmissible based on a public charge ground if he/she is…

Jenny ZhanJuly 1, 2020

Family Immigration Immigration

I am a U.S. citizen and I married a foreign national. Can I sponsor my step child for a green card?

If you are a U.S. citizen, you may sponsor certain members of your family for a green card. You may either sponsor your immediate relatives or certain other members of your family under the family based preference categories. Let’s analyze…

Jenny ZhanJune 19, 2020

Family Immigration Immigration

USCIS Resumes Naturalization Ceremonies

After halting all in person interviews and naturalization ceremonies for 3 months since March amid the coronavirus pandemic, USCIS has resumed naturalization ceremonies last week. Naturalization involves the filing of an application after the Legal Permanent Resident becomes eligible to…

Jenny ZhanJune 12, 2020

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Schedule A Consultation

What is a 212(d)(3) Waiver?

Does “Unmarried” Include Those Who are Divorced?

President Biden Signs Executive Order to Overturn Immigrant Visa Ban

Potential options for noncitizens subject to permanent bar based on unlawful presence.

Adjustment of Status under the benefit of section 245(i) of the Immigration and Nationality Act.

I was born abroad and then adopted. Now I am a U.S. citizen. Can I sponsor my biological parent for a green card?

Do I need to have a health insurance to get a green card in the U.S.? What documents do I need to submit to prove that I have health insurance?

I filed a family based Adjustment of Status. Where and how will my application be processed? What is USCIS Chicago Lockbox? What is National Benefits Center?

Court Rules Son Born Abroad to Same Sex Couple is US Citizen

I filed a green card application. Should I apply for an Advance Parole and Employment authorization card?

Filing the removal of conditions application based on the waiver of the joint filing requirement because of a divorce

I filed a family based Adjustment of Status. Where and how will my application be processed? What is USCIS Chicago Lockbox? What is National Benefits Center?

USCIS will resume Applying New Public Charge Rule with Applications

I entered the US without status 20 years ago but I have family members that have served in the US military. Does this qualify me for a Green Card?

Dealing with the unlawful presence bars when applying for a green card through the adjustment of status process.

What is advance parole? When would I need to apply for advance parole?

What is a green card medical examination? When should I submit my medical exam to USCIS?

Department of Homeland Security Public Charge Rule Reinstated for all States Except for Vermont, Connecticut, and New York

My spouse applied for a Green Card for me, should I expect an interview?

Extended time spent abroad and other circumstances that might place my Green Card status at risk. Can I lose my Green Card for being away too long?

I worked unauthorized in the U.S. Can I adjust my status if I married a U.S. citizen?

What is I-944 form? What evidence do I have to submit with the I-944 form? When do I have to submit the I-944 form?

I am a U.S. citizen and I married a foreign national. Can I sponsor my step child for a green card?

USCIS Resumes Naturalization Ceremonies

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