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Family Immigration

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What if I am a derivative beneficiary in a green card application and I age out before the green card application is approved? Am I still eligible for a green card? Family ImmigrationImmigration

What if I am a derivative beneficiary in a green card application and I age out before the green card application is approved? Am I still eligible for a green card?

Let’s analyze the following scenario: Your uncle is a United States citizen and you want to immigrate to the United States. You cannot file form I-130, as nephews and nieces of a United States citizen are not one of the…
January 16, 2019
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Are my spouse and children eligible for green cards if I did not include them on my green card application? What are follow-to-join benefits? Family ImmigrationImmigration

Are my spouse and children eligible for green cards if I did not include them on my green card application? What are follow-to-join benefits?

If you were married or had children at the time your green card application was approved and your spouse or children did not apply for their green cards at that time, they may still be eligible for follow-to-join benefits to…
January 16, 2019
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Radical Changes in Public Charge Definitions Could Result in Inadmissibility for Green Card Applicants Family ImmigrationImmigrationImmigration Law Changes &  New Law

Radical Changes in Public Charge Definitions Could Result in Inadmissibility for Green Card Applicants

The Trump Administration is expected to publish a proposed regulation soon that will radically alter the way USCIS officers screen applicants for lawful permanent residence for inadmissibility due to public charge. For purposes of determining inadmissibility, “public charge” refers to…
June 6, 2018
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What is the U.S. Department of State’s 90-Day Rule Regarding Fraud and Willful Misrepresentation? What Activities Will Trigger the Application of the 90-Day Rule? Family ImmigrationImmigration

What is the U.S. Department of State’s 90-Day Rule Regarding Fraud and Willful Misrepresentation? What Activities Will Trigger the Application of the 90-Day Rule?

A visitor tells an immigration officer that he plans to spend time with his relatives to get a B-2 visa and enter the United States. Two months later, he marries a U.S. citizen and files for a green card. Could…
April 19, 2018
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What is humanitarian reinstatement? What happens if my petitioning family member passes away before my visa is available? Family ImmigrationImmigration

What is humanitarian reinstatement? What happens if my petitioning family member passes away before my visa is available?

Anyone who has gone through the family based immigration process knows that it can take a very long time, sometime years or even decades, for a visa to be available after a relative petition (also known as an I-130 petition)…
July 15, 2017
What happens if I get married or divorced after I file an application for asylum but before I have an interview? Deportation & Humanitarian ImmigrationFamily ImmigrationImmigration

What happens if I get married or divorced after I file an application for asylum but before I have an interview?

If you have filed for asylum with the USCIS, you know that it is taking years to have an interview. There is currently a backlog of over 250,000 cases with the Asylum Offices nationwide. Therefore, many life events may occur…
May 4, 2017
I am working on a nonimmigrant visa and just married a US citizen. What are the steps to apply for a green card? Family ImmigrationImmigration

I am working on a nonimmigrant visa and just married a US citizen. What are the steps to apply for a green card?

The process of getting a green card through marriage involves filing a number of different petitions, obtaining medical clearance, gathering supporting documents and attending an interview with an immigration officer. If you are working in the U.S. on a nonimmigrant…
April 28, 2017
President Trump New Executive Order & Travel Ban – What are the New Travel Ban Rules? Deportation & Humanitarian ImmigrationFamily ImmigrationImmigrationImmigration Law Changes &  New Law

President Trump New Executive Order & Travel Ban – What are the New Travel Ban Rules?

President Trump has signed the much anticipated new travel ban that stops the issuance of visas and does not allow entry of nationals to the U.S. from: Iran, Libya, Somalia, Sudan, Syria and Yemen.  Notably, nationals from Iraq are no…
March 7, 2017
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President Trump Bans Entry to the U.S. for Nationals of Seven Countries – How Will the Executive Order Impact Me? Deportation & Humanitarian ImmigrationFamily ImmigrationImmigration

President Trump Bans Entry to the U.S. for Nationals of Seven Countries – How Will the Executive Order Impact Me?

At the end of the first week in office, President Trump signed an executive order that imposes a 90 day ban on foreign nationals from 7 countries that have a predominantly Muslim population.  We have summarized the Executive Order below. …
January 30, 2017
What are my Rights and Responsibilities as a Green Card Holder? How do I Maintain my Permanent Residence? Deportation & Humanitarian ImmigrationFamily ImmigrationImmigration

What are my Rights and Responsibilities as a Green Card Holder? How do I Maintain my Permanent Residence?

A “green card” or permanent resident card is a document that shows a that a person can stay in the U.S. and work here in almost any capacity. One is eligible to apply for permanent residence/green card through certain family…
November 7, 2016
What is a visa quota? If I am a dual citizen, what country am I assigned to for visa quotas? What country are my spouse and I assigned to for visa quotas if we were born in different countries? Family ImmigrationImmigration

What is a visa quota? If I am a dual citizen, what country am I assigned to for visa quotas? What country are my spouse and I assigned to for visa quotas if we were born in different countries?

What is a visa quota? Every immigrant visa category has a quota on the number of visas that can be issued annually, and within these quotas, there is also a limit on the number of visas that can be issued…
October 31, 2016
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What happens if I get married when I am the beneficiary of a family based immigrant petition? Will my family-based preference category change if I get married or divorced? Family ImmigrationImmigration

What happens if I get married when I am the beneficiary of a family based immigrant petition? Will my family-based preference category change if I get married or divorced?

Legal Permanent Residents and U.S. Citizens are usually able to submit immigration petitions for their children. The ability for parents to sponsor their children for green cards and length of time that they need to wait for a green card…
October 21, 2016
Can my step-child obtain a visa from me? Can my adopted child obtain a visa from me? If I am a child’s legal guardian, can the child obtain any immigration benefits? Family ImmigrationImmigration

Can my step-child obtain a visa from me? Can my adopted child obtain a visa from me? If I am a child’s legal guardian, can the child obtain any immigration benefits?

Can my step-child obtain a visa from me? Immigration treats step-children and biological children for the most part identically. If you married your step-child’s biological parent before your step-child turned 18, and the marriage was not fraudulent, your step-child is…
October 6, 2016
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Can I apply for a green card for my child after my child turns 21? What happens if my child turns 21 before a visa becomes available? Family ImmigrationImmigration

Can I apply for a green card for my child after my child turns 21? What happens if my child turns 21 before a visa becomes available?

The Immigration and Nationality Act defines a “child” as a person under the age of 21. If you have a child that is 21 or over the age of 21, he or she would be classified by Immigration as a…
September 22, 2016
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