I-130

Someone holding a green card by a US flag

Immigration

Can a noncitizen who obtained a green card through marriage file a green card petition for a new spouse?

Although it may be possible for a noncitizen who obtained a green card or legal permanent resident status from the green card petition of a former spouse to file a green card petition for a new spouse, immigration regulations significantly…

Khadija DerrickOctober 12, 2022

A family of 3 enjoying themselves at the beach

Approvals Immigration

Approval of an I-130 Family Based Petition where the Petitioner was Adopted

Scott Legal is happy to announce that we obtained the approval of a complicated I-130 family based petition.

Khadija DerrickJune 30, 2022

A family of two adults and two children spending quality time together

Immigration

Opting out of I-130 petition upgrade for sons and daughters of LPRS

I had petitioned my unmarried daughter as a legal permanent resident and I became a U.S. Citizen thinking that the green card waiting period would be shorter, but recently discovered that the waiting period would be increased. Is there anything…

Khadija DerrickJanuary 18, 2022

Immigration

Tips for Marriage Green Card Interview

Marriage green card interview is the last step in the green card application process. Both the applicant and the spouse have to attend the interview.

Khadija DerrickDecember 9, 2021

Immigration

Qualifying for adjustment of status pursuant to section 245(i)

Is qualifying for adjustment of status pursuant to section 245(i) of the immigration laws still possible if the I-130 reflects a priority date after April 30, 2001?

Khadija DerrickOctober 5, 2021

Family Immigration Immigration

Can a Minor U.S. Citizen Sponsor their Spouse for a Green Card?

The requirements of the Form I-864 typically prevent a minor U.S. citizen from sponsoring their spouse for a green card.

Khadija DerrickAugust 6, 2021

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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

Immigration News

USCIS to Increase Application Fees

The Department of Homeland Security has announced new application fees that will take effect on October 2, 2020. This new announcement will increase the application fees for most application types. USCIS is a for profit agency that uses application fees…

Jenny ZhanAugust 10, 2020

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Family Immigration Immigration

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…

Jenny ZhanMarch 10, 2020

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Family Immigration Immigration

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…

Jenny ZhanFebruary 17, 2020

Family Immigration Immigration

What should I know when entering the U.S. on Advance Parole? What is a Secondary Inspection?

If your green card application is pending and you need to travel outside the U.S., you have to have an Advance Parole card. There are couple things you should keep in mind when entering the U.S. on your Advance Parole…

Jenny ZhanFebruary 10, 2020

Family Immigration Immigration Immigration 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,…

Jenny ZhanFebruary 3, 2020

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Family Immigration Immigration

New Health Insurance Requirements on Immigrant Visa Applicants

Starting on November 3, 2019, immigrant visa applicants at U.S. Consulates abroad must prove either that they will acquire approved health insurance within thirty days of their entry into the U.S. or that they have means to pay for reasonable…

Jenny ZhanOctober 18, 2019

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Family Immigration Immigration

White House Issues Strict Enforcement of Sponsor Laws

The White House has issued a memo on May 23 ordering different government departments to enforce a decades-old law (Section 213A of the INA (8 U.S.C. 1183a)) that requires American who bring migrants into the country to take financial responsibility…

Jenny ZhanMay 30, 2019

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Family Immigration Immigration

What happens if the Petitioner of an I-130 petition dies before beneficiary gets a green card? Can a beneficiary still get a green card if a Relative dies?

If you are a U.S. citizen or a green card holder, you can file form I-130 and sponsor certain family relatives for a green card. If you are a U.S. citizen and you want to sponsor your spouse, unmarried child…

Jenny ZhanMay 6, 2019

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Immigration

What is the Filipino World War II Veterans Parole Policy and How Does It Help Relatives of Filipino Veteran Soldiers?

What is the Filipino World War II Veterans Parole Policy (FWVP Policy)? The FWVP Policy is a discretionary grant by the United States Citizenship and Immigration Services (USCIS) allowing family members of Filipino World War II Veterans with approved Form…

IanScottJune 8, 2016

Family Immigration Immigration

The Immigration Marriage Interview What To Expect During Your Immigration Marriage Interview

For most who apply for a green card on behalf of their spouse, the marriage interview is not really something to worry about. While the examiner will ask questions, the questions will be of a more general nature and are…

IanScottApril 28, 2014

Can a noncitizen who obtained a green card through marriage file a green card petition for a new spouse?

Approval of an I-130 Family Based Petition where the Petitioner was Adopted

Opting out of I-130 petition upgrade for sons and daughters of LPRS

Tips for Marriage Green Card Interview

Qualifying for adjustment of status pursuant to section 245(i)

Can a Minor U.S. Citizen Sponsor their Spouse for a Green Card?

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

USCIS to Increase Application Fees

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?

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?

What should I know when entering the U.S. on Advance Parole? What is a Secondary Inspection?

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?

New Health Insurance Requirements on Immigrant Visa Applicants

White House Issues Strict Enforcement of Sponsor Laws

What happens if the Petitioner of an I-130 petition dies before beneficiary gets a green card? Can a beneficiary still get a green card if a Relative dies?

What is the Filipino World War II Veterans Parole Policy and How Does It Help Relatives of Filipino Veteran Soldiers?

The Immigration Marriage Interview What To Expect During Your Immigration Marriage Interview

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