Family Immigration

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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

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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

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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

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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

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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

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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

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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

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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

Family Immigration Immigration

What are Some Disqualifying Factors for Citizenship? Can I Become a Citizen if I Committed a Crime?

There are a number of factors that can derail the citizenship process. There are outlined below. You can find out more about citizenship by clicking here. Disqualifying Factors Criminal Convictions A Criminal conviction can disqualify a Legal Permanent Resident from…

Jenny ZhanJune 10, 2020

Family Immigration Immigration

What happens to child who turns 21 years old while waiting for a priority date? My Child is Waiting for a Green Card – What if my Child turns 21?

In most cases the child is considered to have aged out of the F-2A subcategory and proceeds to fall under the F-2B category which depending on the region of the world likely will result in a substantial increase in waiting…

Jenny ZhanJune 8, 2020

Family Immigration Immigration

How do I Begin a Family Based Green Card Case? What Do I have to Do to Get a Green Card Through Family? Consular Processing

All family based green card processes start with an initial petition identified as the I-130 filed with USCIS. This Petition is filed with the required filing fee and evidence proving the relationship between the Petitioner and the Beneficiary. Evidence of…

Jenny ZhanJune 8, 2020

Family Immigration Immigration

How do I Begin a Family Based Green Card Case? What Do I have to Do to Get a Green Card Through Family? Adjustment of Status

Jenny ZhanJune 8, 2020

Family Immigration Immigration

How long will I have to Wait for My Green Card? What is the Visa Bulletin?

If you are in the immediate relative category, it means the green card is current and you do not have to wait to apply for it. For the Family Based Preference Category, the Department of State publishes a chart known…

Jenny ZhanJune 8, 2020

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Family Immigration Immigration

Can my Family Members file a Green Card Application for Me? Can I get a Green Card through Family?

Yes. There are several ways family members can sponsor you for a green card. A United States Citizen, (“USC”) family member can petition for a beneficiary who is seeking a green card if the petitioning family member is a Spouse;…

Jenny ZhanJune 8, 2020

Family Immigration Immigration

What are the immigration consequences Associated with Fire Arms Offenses?

This post continues our series on the impact of criminal convictions on immigration. Our last posts dealt with Crimes of Moral Turpitude (CIMTs) and Aggravated Felonies and you can find out more about that by clicking here (CIMT) or clicking…

Jenny ZhanJune 5, 2020

Family Immigration Immigration

What are the immigration consequences Associated with Crimes of Domestic Violence?

Jenny ZhanJune 5, 2020

Family Immigration Immigration

What are the immigration consequences Associated with Drug Convictions?

Jenny ZhanJune 5, 2020

Family Immigration Immigration

What are the immigration consequences Associated with an Aggravated Felony?

This post continues our series on the impact of criminal convictions on immigration. Our last post dealt with Crimes of Moral Turpitude (CIMTs) and you can find out more about that by clicking here. What are Aggravated felonies? Aggravated felonies…

Jenny ZhanJune 5, 2020

Family Immigration Immigration

What makes a noncitizen inadmissible or deportable?

Inadmissibility The concept of inadmissibility is a legal concept created by immigration law that describes the process of a noncitizen attempting entry or admission into the United States under some sort of legal status. Admission can be either or both…

Jenny ZhanJune 5, 2020

Family Immigration Immigration

What criminal convictions create immigration consequences making a noncitizen inadmissible or deportable? What is a Crime of Moral Turpitude? What is a CIMT?

Criminal convictions that affect a noncitizen include certain convictions that make a noncitizen inadmissible which include offenses considered Crimes involving moral turpitude (“CIMT”). Criminal convictions that make a noncitizen deportable include CIMTs, aggravated felonies, controlled substance offenses, crimes of domestic…

Jenny ZhanJune 5, 2020

Family Immigration Immigration

My parents sponsored me for a green card. I got my green card but my parents then abandoned their green cards. Is my green card still valid? Can I still apply for citizenship?

Let’s analyze the following scenario: Your parents sponsored you for a green card under the F2A category (children of green card holders). You got your green card but after you got your green card, your parents abandoned their green cards.…

Jenny ZhanMay 27, 2020

Family Immigration Immigration

I filed the I-751 Petition to remove conditions on my Green card. Can I travel outside the U.S. after the I-751 petition was filed? Can I keep working once my green card expires?

If you obtained your green card based on a marriage to a U.S. citizen and you have been married to the U.S. citizen for less than 2 years on the day you obtained your green card, your green card will…

Jenny ZhanMay 8, 2020

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

What are Some Disqualifying Factors for Citizenship? Can I Become a Citizen if I Committed a Crime?

What happens to child who turns 21 years old while waiting for a priority date? My Child is Waiting for a Green Card – What if my Child turns 21?

How do I Begin a Family Based Green Card Case? What Do I have to Do to Get a Green Card Through Family? Consular Processing

How do I Begin a Family Based Green Card Case? What Do I have to Do to Get a Green Card Through Family? Adjustment of Status

How long will I have to Wait for My Green Card? What is the Visa Bulletin?

Can my Family Members file a Green Card Application for Me? Can I get a Green Card through Family?

What are the immigration consequences Associated with Fire Arms Offenses?

What are the immigration consequences Associated with Crimes of Domestic Violence?

What are the immigration consequences Associated with Drug Convictions?

What are the immigration consequences Associated with an Aggravated Felony?

What makes a noncitizen inadmissible or deportable?

What criminal convictions create immigration consequences making a noncitizen inadmissible or deportable? What is a Crime of Moral Turpitude? What is a CIMT?

My parents sponsored me for a green card. I got my green card but my parents then abandoned their green cards. Is my green card still valid? Can I still apply for citizenship?

I filed the I-751 Petition to remove conditions on my Green card. Can I travel outside the U.S. after the I-751 petition was filed? Can I keep working once my green card expires?

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