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Family Immigration

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

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…
June 5, 2020
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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? Family ImmigrationImmigration

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.…
May 27, 2020
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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? Family ImmigrationImmigration

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…
May 8, 2020
I am a U.S. citizen and my fiancé(e) wants to move to the U.S. What is a fiancé(e) visa? What is the process of applying for a fiancé(e) visa? How long do we have to get married? Family ImmigrationImmigration

I am a U.S. citizen and my fiancé(e) wants to move to the U.S. What is a fiancé(e) visa? What is the process of applying for a fiancé(e) visa? How long do we have to get married?

Your fiancé(e) can apply for a fiancé(e) (so called K-1) visa if: You are a U.S. citizen; You and your fiancé(e) plan to get married within 90 days after your fiancé(e) enters the U.S. on a K-1 visa; You and…
April 2, 2020
Can I get my green card just because I have been living in the United States for 10 years? Is there an automatic 10 year Green Card? What is Cancellation of Removal? Deportation & Humanitarian ImmigrationFamily ImmigrationImmigration

Can I get my green card just because I have been living in the United States for 10 years? Is there an automatic 10 year Green Card? What is Cancellation of Removal?

A common misconception among undocumented immigrants is that if they have lived in the United States for at least 10 years, they can obtain their work authorization and then their green card. While after 10 years there is some remedy…
March 30, 2020
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Who are derivative beneficiaries? When can my spouse and children apply for green cards as derivative beneficiaries? What if I get married after the I-130 petition is approved? Family ImmigrationImmigration

Who are derivative beneficiaries? When can my spouse and children apply for green cards as derivative beneficiaries? What if I get married after the I-130 petition is approved?

Let’s analyze the following scenario: your parent is a U.S. citizen, you are older than 21, and your U.S. citizen parent wants to sponsor you for a green card under the F3 family based preference category. The question we often…
March 10, 2020
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My child is a U.S. citizen. Can he/she sponsor me for a green card? Can I put my non-U.S. citizen child as a derivative beneficiary on the I-130 petition? Family ImmigrationImmigration

My child is a U.S. citizen. Can he/she sponsor me for a green card? Can I put my non-U.S. citizen child as a derivative beneficiary on the I-130 petition?

If your child is a U.S. citizen and is 21 or older, he/she can sponsor you for a green card under the immediate relative of a U.S. citizen category. If your U.S. citizen child wants to sponsor you and your…
February 17, 2020
What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards? Family ImmigrationImmigration

What is a transfer of underlying basis request? What factors does USCIS consider when adjudicating the transfer requests for Green Cards?

Let’s analyze the following scenario: Your employer filed an employment based petition (I-140) and you filed an Adjustment of Status application based on the approved employment-based petition. Your green card petition is currently pending and you now married a U.S.…
February 17, 2020
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State Department Requesting Expedited Review with Aims to Implement Public Charge Rule on February 24 to Coincide with Department of State’s Public Charge Rule Family ImmigrationImmigrationImmigration Law Changes &  New Law

State Department Requesting Expedited Review with Aims to Implement Public Charge Rule on February 24 to Coincide with Department of State’s Public Charge Rule

The State Department is working to expedite their new public charge rules in an effort to implements the rule on February 24, the same day as the Department of State’s public charge rule implementation. The original public charge rules were…
February 12, 2020
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Can I change My Adjustment of Status Application from an Employment-Based Petition (I-140) into a Family-Based Petition (I-130)? What Are the Eligibility Requirements? Family ImmigrationImmigrationImmigration Law Changes &  New Law

Can I change My Adjustment of Status Application from an Employment-Based Petition (I-140) into a Family-Based Petition (I-130)? What Are the Eligibility Requirements?

Interfiling is an administrative procedure described in the USCIS Policy Manual.  It is possible for an applicant whose application is based on a particular immigration category (either family or employment based) to have the pending application considered under another category,…
February 3, 2020
What are the Petty Offense Exception, the Minor Exception, and the Juvenile Exception to the Crime Involving Moral Turpitude ground of inadmissibility? Family ImmigrationImmigration

What are the Petty Offense Exception, the Minor Exception, and the Juvenile Exception to the Crime Involving Moral Turpitude ground of inadmissibility?

If you are applying for a visa or a green card and you were convicted of (or you admitted to commission of) a crime involving moral turpitude, you are deemed to be inadmissible in the United States. You would then…
January 17, 2020
USCIS Now Accepting Green Card Applications under the Liberian Refugee Immigration Fairness Act Family ImmigrationImmigration

USCIS Now Accepting Green Card Applications under the Liberian Refugee Immigration Fairness Act

Starting on December 26, 2019, USCIS is now accepting adjustment of status applications from certain Liberian nationals under Section 7611 of the National Defense Authorization Act. Section 7611 of the National Defense Authorization Act for Fiscal Year 2020, Liberian Refugee…
December 27, 2019
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What is a Reentry permit? When should I apply for a reentry permit? What is a Special Immigrant Returning Visa? When should I apply for a Special Immigrant Returning Visa? Family ImmigrationImmigration

What is a Reentry permit? When should I apply for a reentry permit? What is a Special Immigrant Returning Visa? When should I apply for a Special Immigrant Returning Visa?

As a green card holder, you have to keep in mind that you may lose your green card if you remain outside the U.S. for an extended period of time (1 year or more) or even if you remain outside…
December 23, 2019
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I am a U.S. citizen and I want to sponsor my parents for a Green Card. What documents do I need to submit to USCIS to demonstrate the parental relationship? Family ImmigrationImmigration

I am a U.S. citizen and I want to sponsor my parents for a Green Card. What documents do I need to submit to USCIS to demonstrate the parental relationship?

If you are a U.S. citizen and you want to sponsor your parents for a Green Card, you will need to submit evidence demonstrating the parental relationship. I was born in wedlock and I want to sponsor my parents for…
December 16, 2019
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I am a U.S. citizen. Which family members can I sponsor for a green card? What are Family Preference Categories? When will the green cards become available? Family ImmigrationImmigration

I am a U.S. citizen. Which family members can I sponsor for a green card? What are Family Preference Categories? When will the green cards become available?

If you are a U.S. citizen, you can sponsor certain family members for a green card. There are two categories of family members you can sponsor: your immediate relatives (Eg. Spouse of a U.S. Citizen) and certain other members of…
November 25, 2019
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