marriage | Scott Legal, P.C.

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

Immigration

The Permanent Bar based on prior removal

I am a US citizen and want to file a petition for a green card for my spouse. During his initial attempts to enter the United States 10 years ago, he was apprehended by border patrol agents and deported from…

Jenny ZhanJanuary 13, 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

Covid 19

Is USCIS conducting green card interviews during Covid-19? Can my green card interview be waived?

On June 4, 2020 certain USCIS field offices started resuming non-emergency in person appointments. USCIS indicated on its website that the particular USCIS field office that is processing your green card application will send you an interview notice or re-scheduling…

Jenny ZhanSeptember 21, 2020

Immigration

I am getting married, and I want to help my partner and future spouse obtain a green card. What are my options?

When determining how to best help your spouse or potential spouse obtain a Green Card, we must first determine your current immigration status; whether you are currently married and where your spouse or potential spouse is currently residing. I am…

Jenny ZhanJuly 28, 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

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

Family Immigration Immigration

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…

Jenny ZhanApril 2, 2020

Covid 19

USCIS Temporary Office Closure Extended Until at Least April 7

On March 17, 2020, USCIS temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASC) to help slow the spread of the COVID-19. The initial suspension was until April 1, this date has now been…

Jenny ZhanMarch 26, 2020

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

Family Immigration Immigration

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…

Jenny ZhanNovember 25, 2019

Family Immigration Immigration

I married a U.S. citizen and I want to adjust my status. What do I have to do to get a green card? How long does it take to get a marriage based green card?

If you married a U.S. citizen and plan to apply for your green card, one option is to adjust your status in the United States. Generally, to be able to adjust your status in the United States, you must currently…

Jenny ZhanNovember 25, 2019

Family Immigration Immigration

I have a Conditional Green Card based on a Marriage to a U.S. citizen. What do I need to do to remove the conditions from my Green Card? What if I am no longer with my spouse?

Jenny ZhanOctober 14, 2019

Approvals

Marriage Based Green Card Approval

Scott Legal, P.C. just had a green card approval for a petition based on marriage. The applicant completed the adjustment of status interview and the green card was approved a few days after the interview. A marriage based green card…

Jenny ZhanSeptember 10, 2019

Family Immigration Immigration Immigration Law Changes & New Law

DHS Proposes New Rule to Collect Social Media Information from Immigrant Applicants

The Department of Homeland Security proposed a new rule to collect five years of social media history from applicants of certain immigration benefits, including the following applications: ESTA (Electronic System for Travel Authorization) and Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Record for Visa Waiver Program…

Jenny ZhanSeptember 5, 2019

Family Immigration Immigration

USCIS to Decrease Wait Times for Green Card and Naturalization Wait Times

USCIS have announced that they have plans to reassign some green card and naturalization cases from local field offices with long backlogs to those with fewer cases. Procedurally, USCIS has a number of main field offices around the country that…

Jenny ZhanJune 19, 2019

Family Immigration Immigration

I am a U.S. citizen and my child was born abroad. Is my child a U.S. citizen? What should I do after my child is born? Can my child get a U.S. passport?

If you are a U.S. citizen and your child was born outside the U.S., your child may acquire U.S. citizenship at birth. However, simply being born to a U.S. citizen parent is not enough for the child to get the…

Jenny ZhanApril 22, 2019

Approvals

Approval for Citizenship Naturalization Application

Scott Legal, P.C. just had an approval for a client that had a green card and applied for U.S. Citizenship. An application for citizenship can be made when after someone has had a green card for 3 years if obtained…

Jenny ZhanMarch 4, 2019

Family Immigration Immigration

What is the Process for a Green Card if I Marry a U.S. Citizen? How do I get a Green Card through Marriage? What are the ways to get a Green Card?

There are three common ways to get a green card through marriage to a U.S. Citizen. This post summarizes the three different options. Obtaining a Green Card through a Fiancé Visa (K Visa) When the U.S. citizen is living in…

Jenny ZhanJanuary 31, 2019

Family Immigration Immigration

USCIS Clarifies Marital Union for Spousal Naturalization Applications

USCIS has updated a policy guidance clarifying the “married” and “living in marital union” requirements for applicants filing for spousal naturalization. In short, the applicant and his or her U.S. citizen spouse must have been living together in marital union…

Jenny ZhanOctober 12, 2018

marriage | Scott Legal, P.C.

Does “Unmarried” Include Those Who are Divorced?

The Permanent Bar based on prior removal

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

Is USCIS conducting green card interviews during Covid-19? Can my green card interview be waived?

I am getting married, and I want to help my partner and future spouse obtain a green card. What are my options?

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

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?

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?

USCIS Temporary Office Closure Extended Until at Least April 7

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?

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?

I married a U.S. citizen and I want to adjust my status. What do I have to do to get a green card? How long does it take to get a marriage based green card?

I have a Conditional Green Card based on a Marriage to a U.S. citizen. What do I need to do to remove the conditions from my Green Card? What if I am no longer with my spouse?

Marriage Based Green Card Approval

USCIS to Decrease Wait Times for Green Card and Naturalization Wait Times

I am a U.S. citizen and my child was born abroad. Is my child a U.S. citizen? What should I do after my child is born? Can my child get a U.S. passport?

Approval for Citizenship Naturalization Application

What is the Process for a Green Card if I Marry a U.S. Citizen? How do I get a Green Card through Marriage? What are the ways to get a Green Card?

USCIS Clarifies Marital Union for Spousal Naturalization Applications

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