Guru Immigration Law Blog

THE GURU IMMIGRATION LAW BLOG WISHES YOU AND YOUR FAMILY A WONDERFUL HOLIDAY SEASON & A HAPPY NEW YEAR!!!

Posted in Uncategorized on December 22, 2009 by Guru Immigration

Who Can Adjust Their Status to Green Card Here?

Posted in Adjustment of Status with tags Adjustment of Status, Immediate Relative, Permanent Resident (LPR), U.S. Citizen Spouse, Unlawful Presence Bar (3- or 10-yr Bar), visa numbers on October 4, 2009 by Guru Immigration

(Click on Top Banner to Return to the Blog Home Page from Any Blog Article)

Recently, we’ve received many questions regarding adjustment of status. This is an extremely important issue, maybe the most important, for intending immigrants who are already here in the U.S. Not being able to adjust their status to green card here but having to go back to their countries to finalize the process could be disastrous due to the 3- or 10-year bar. However, from the emails and comments received, quite a few people are confused as to who is eligible to file for adjustment and when. So, we thought a post regarding this subject would be helpful to the readers of this blog. Here is a typical email that was received from a mother:

Wow, some terrible advice this woman got for her daughter here! We’ll explain a little later why this is bad advice, but first of all, adjustment of status is the process by which the status of a person already in the United States, either on some temporary nonimmigrant visa or no visa at all, is adjusted to that of a lawful permanent resident (LPR), or green-card holder. It is a process that involves making sure the immigrant is admissible to the U.S., that is, does not have problems in their past that would prevent them from getting their green card, such as criminal, health, drug problems, terrorism-related issues, immigration problems such as a prior removal, deportation, unlawful presence or being out-of-status in the U.S., and many other grounds. See Top 10 Reasons Why Immigrants Get Visas Denied. Thus, adjustment of status is not automatic and it is not a “right” to a green card, as this person put in the question. It is a privilege granted by the United States government. In fact, many immigrants’ adjustment applications are denied for various reasons, and they are placed into removal proceedings soon after if they were in unlawful status in the U.S. prior to filing for adjustment.

When can an immigrant file for adjustment of status? The first thing that must be checked is: is a visa number available currently in the correct category? The way to do that is to go to the State Department Visa Bulletin, click on “Current Bulletin,” and check what priority date is currently the cut-off date for your category and country. Compare the cut-off date to your I-130 petition’s priority date. Only those with priority dates prior to the cut-off date have visa numbers available. So, if your date is the same or after the cut-off date, no visa number is available at this time for you. The exceptions are “immediate relatives.” There are always visa numbers available for these people at any time, i.e., no wait for visa numbers for them. They are defined as the following categories of relatives of U.S. citizens: (1) spouses, (2) children under 21, (3) parents (when the citizen is at least 21).

If and only if a visa number is available for an intending immigrant can that person file for adjustment of status. Since a visa number may not be available for many years in the category the immigrant has been petitioned under, the adjustment application cannot be filed until then. Incredibly, people have told me that some other lawyers have told them that they could file for adjustment now or soon, even if a visa number would not be available for years. Filing an adjustment application prematurely, before a visa number is available, may result in a loss of thousands of dollars in filing fees (U.S. Citizenship & Immigration Services sometimes collects the fees and then tells the immigrant they’re not eligible to file for adjustment yet!) AND may result in removal proceedings if the immigrant was out-of-status or illegal in the U.S. prior to filing for adjustment.

It cannot be overly emphasized that if you are even one day out-of-status in this country prior to filing for adjustment, the adjustment application will be denied, unless you fall into one of the exception categories below (categories 2 through 5). If no exception applies, you would have to go back to your country to receive the immigrant visa leading to the green card. However, stepping foot outside the U.S. will trigger the 3- or 10-year bar if you have been more than 180 days out-of-status in this country. As a result, you may not be able to come back for 3 or 10 years, a dilemma which is described in our other blog articles “I’m Illegal, I Can Still Get a Green Card by Marrying My U.S. Citizen Boyfriend or Girlfriend?” and “Is the 10-Year Bar for Real and Could It Stop Me from Getting My Green Card?“

Who can file for adjustment of status? The following are the ONLY categories of people who can file for adjustment when a visa number is available for them:

1. A person who is in-status on their visa, that is, maintaining legal status on their visa, at the time they file for adjustment.

Example: A is maintaining status on his student visa by duly attending school and finishing up his degree. A marries B, a U.S. citizen. A can file for adjustment through being sponsored by B since he is in-status on his student visa.

2. A person who is out-of-status on their visa, no matter for how long, BUT is being petitioned for as an immediate relative.

Example: A’s tourist visa expired 5 years ago and she is still in the U.S. A marries B, a U.S. citizen. A can now file for adjustment even though she is out-of-status because, as the spouse of a citizen, she is categorized as an immediate relative of B. Immediate relatives also include children under 21 of citizens, and parents of citizens when such citizens are 21 and over.

3. A person who is out-of-status on their visa, not being petitioned for as an immediate relative but in a preference relative category (other relatives who are not “immediate relatives”), or petitioned by a U.S. employer, but had an I-130 petition, I-140 petition, or labor certification filed for them on or before April 30, 2001.

Example: A’s H-1B visa expired two years ago and he is still in the U.S. out-of-status. He came to the U.S. as an F-1 student in Aug. 2000 but changed status to H-1B in 2002. A has a U.S. citizen sister, B, who filed an I-130 petition for A on April 30, 2001 in the F4 category (brothers/sisters of U.S. citizens). A visa number is not available in this F4 category for many years, but when it is, A can file for adjustment even though he has been out of status and not categorized as an immediate relative of B.

4. A person who entered the U.S. illegally, but had an I-130 petition, an I-140 petition, or a labor certification filed for them on or before April 30, 2001.

Example: A came to the U.S. illegally in 1999. A now marries B, a U.S. citizen. However, A had a proper I-130 filed for him by a U.S. citizen ex-wife on April 21, 2001 that was discontinued due to their divorce. A can now file for adjustment through being sponsored by his current wife, B.

5. A person who has not been more than 180 days out-of-status on their visa by either violating the terms of the visa, or engaging in unauthorized employment, who is adjusting under an employment-based category, i.e., being petitioned for by a U.S. employer. Also, this is assuming that this person is not in category 3 above, i.e., does not have a labor certification or employment petition filed for them on or prior to April 30, 2001.

Example: A is here on an H-1B visa to work only for company X. However, A engaged in unauthorized employment by working on the side for company Y for 180 days. Y filed an I-140 petition for A to offer a permanent job position. When a visa number became available last month on the I-140, A had otherwise maintained her H-1B status by continuing to work only for X, so she was allowed to adjust her status to green card based on Y’s I-140 for her.

Bad Advice on Adjustment of Status

Unfortunately, the person asking the original question at the beginning of this article has been misled by some lawyers. She said: “We consulted other lawyers and one said her I-94 should be ignored since we filed the I-130 form.” The I-94 was the form given to the daughter when she came on the tourist visa to put in her passport and on it is stamped the final date she is entitled to stay in the U.S. to visit, after which she must leave. This lawyer’s advice is bad because having the I-130 filed does not extend the daughter’s lawful status in this country! It is only a petition to try to prove to the government that she is the daughter of her mother. If she ignores the I-94, meaning she won’t leave the U.S. on that date, she will overstay her tourist visa and be out-of-status, unless she manages to change her status in time to another type of nonimmigrant visa, such as a student visa. But, assuming she is unable to change her status and continues to stay in this country out-of-status, she will not be able to adjust her status to green card here, which I suspect is what she and her mother really want. Currently, she will not fall within category 2 of persons who can adjust because she is not an immediate relative of her mother (she is over 21 and the mother is only an LPR, not a citizen), and she does not fall into category 3 because she does not have an I-130 petition filed for her on or before April 30, 2001.

“The other [lawyer] asked us to file the Adjustment of Status since she is already here with us, this way she could stay here and wait for her resident visa.” This is equally bad advice from another lawyer. As seen above, the daughter is in the F2B category, and a check of the October 2009 Visa Bulletin shows that the cut-off date in that category and for most countries is: 22AUG01. Therefore, only those who had the I-130 petition filed for them prior to August 22, 2001 currently have visa numbers available. The daughter’s priority number here is somewhere in the summer of 2009, let’s say August 2009. Thus, her priority date is about 8 years behind! She cannot file for adjustment at this time, and in fact, filing it prematurely may lead to removal proceedings if she is out-of-status, as mentioned above. Perhaps what the lawyer actually meant was that she will be able to file for adjustment of status in the future (8 years or so from now, probably less) whenever a visa number becomes available in the F2B category. However, during that time, what this lawyer did not seem to understand, or failed to explain, is that the daughter has to find a way to maintain her legal status in this country for many years by some other type of nonimmigrant visa, such as a student visa, H-1B visa, etc.

The problem with these nonimmigrant visas is that one may find it difficult to change status to those visas or maintain status in one of those visas for that long. For example, can one really remain a student for 8 years or so? The student visa requires that the student enrolls in a school with a course of studies leading to a degree or objective. Perhaps if she tries to get a Bachelor’s degree, a Masters, and a Ph.D, then eight years might be possible. As for a work visa, such as the popular H-1B, many want that visa but do not qualify because they do not have a bachelor’s degree, and/or because they cannot find a U.S. company willing to petition for them in a job that normally requires at least a worker with a bachelor’s degree, or they simply cannot find such a job offer at all in this economy! Thus, it is not a trivial matter to try to maintain legal status at all times in this country prior to filing for adjustment of status while waiting for a visa number to be available.

57 Comments »

Is the 10-Year Bar for Real and Could It Stop Me from Getting My Green Card?

Posted in Immigrant Visas, Lawful Permanent Residence, Naturalization, Removal (Deportation) Proceedings, Voluntary Departure, Work Permit with tags Consulate Processing, Extreme Hardship, I-130, Naturalization, overstay, permanent residence, Removal (Deportation) Proceedings, Unlawful Presence Bar (3- or 10-yr Bar), voluntary departure, Work Permit on September 24, 2009 by Guru Immigration

(Click on Top Banner to Return to the Blog Home Page from Any Blog Article)

Many people have written us skeptical or not sure of the danger of the 3- and 10-year bars. Admittedly, these bars seem somewhat abstract or theoretical, and it can be difficult to grasp how they could affect oneself. Some people have asked how is it that people who are already in the U.S. “cannot get their papers here.” Well, that’s the way the law currently is. It was passed in 1996 as a way of penalizing people who came here illegally or who came legally but overstayed their visas for at least 6 months. The penalty was that these people could not get their papers here but must travel back to their home countries to do so. However, as soon as they set foot outside the U.S., they are subjected to these bars when they try to apply legally to return to the U.S. within 3 or 10 years.

With that in mind, it was quite nice that a reader of this blog recently commented and shared her experience with the 10-year bar. Her story was quite sobering, and we thought it has a little bit of everything that we’ve been blogging about, so we wanted to share it with you to show how this bar could wreak havoc on people’s dreams of living in the U.S. We’ve edited some of the original language to make it easier to read:

OK, this lady had an I-130 petition filed for her by her green-card holder husband in 1997, then went to the Immigration Office to try to apply for an employment authorization document (EAD, or work permit) and got caught. Why? Doesn’t having an approved I-130 entitle you to a work permit?

The answer is most of the times no, not at all. When the husband filed the I-130 in 1997 for her, that placed her into the F2A category of spouses and children of green-card holders. At that time in 1997, people in that category had to wait something like 4 years for a visa number to be available. However, as we’ve shown elsewhere, without a visa number available, one cannot get a work permit. So, in 1998, when she went to the local Immigration office to inquire (and most likely apply) for the work permit, she was not entitled to one yet. At that time, we know she was out of status because it had been 4 years since she came to the U.S. on the tourist visa (in July 1994) and no tourist visa lasts 4 years. The act of going to the Immigration office made them aware of her presence in this country as being out-of-status. Therefore, they detained and released her but ordered her to appear in front of a judge in removal proceedings!

This shows that people who are out-of-status in the U.S. should proceed extremely carefully when trying to apply for something with Immigration here without consulting a lawyer. The lady here presumably did not do so, or got bad advice that she could qualify for a work permit, and made the mistake of applying for it. That’s how Immigration discovered that she had overstayed her tourist visa by 3 or 4 years.

What about the husband becoming a citizen, wasn’t that supposed to help her? Well, no, not unless he was approved for naturalization and was sworn in on time. In removal proceedings, the judge only gives the alien a couple of continuances at most, a good lawyer could get even more. If, after the continuances, the alien still does not have any form of relief available, then the judge cannot keep delaying the case and either will order removal or allow the alien the privilege of voluntary departure. Voluntary departure allows the person to leave the U.S. cleanly without having a removal or deportation against them on their records, and the maximum time given is 120 days to leave. IF the husband had been sworn in as a citizen in time while the lady was still in removal proceedings, then she would have converted from the F2A category to the immediate relative category, and a visa number would have been immediately available to her. Then she could have applied to the judge for her green card without having to leave the U.S.!

But, unfortunately, as she stated, “I was waiting for my husband’s swear in coz he had his citizenship interview. Since it did not take place in time, I had to leave USA on 30th December 1998.” So, because her husband did not become a citizen quickly enough, she indeed had to leave the U.S. within the 120-day period granted by the judge.

Her story then continues:

So, back in Malaysia, after her husband had become a U.S. citizen, a visa number immediately became available for her. She naturally then tried to apply for the immigrant visa to return permanently to the U.S. She first was denied her visa due to the consulate’s finding that she overstayed previously by about 4 years on her prior tourist visa. Then, she filed the I-601 to try to apply for the extreme hardship waiver. However, this was also denied. Because of this, she could not get back to the U.S. legally, and had to wait 10 years from the date she left the U.S. before she could apply again! How could this happen, you might ask, since she got voluntary departure?

Well, voluntary departure at least prevented a removal order from being on her records, which would have been worse. However, the truth of the matter is that, receiving a grant of voluntary departure while in removal proceedings in court did nothing to erase the more than one year of unlawful presence that she had accumulated in the U.S. before starting her court proceedings. Thus, she became subjected to the 10-year bar as soon as she stepped foot outside the U.S. That’s how strict this bar is. The timing was particularly unlucky because not long after she left the U.S. on December 30, 1998, her husband became a citizen, and she became qualified for a visa to return to the U.S. But, unfortunately, at the consulate interview in Malaysia, the bar was invoked against her, as you can see, and so she had to wait 10 long years until December 30, 2008 to reapply.

Note: Some people are under the mistaken impression that this 10-year bar is only applicable if there was a removal (deportation) order against them. Not true! This 10-year penalty for being unlawfully present in the U.S. at least one year (either by overstaying one’s visa that long or being here illegally when one has no visa) kicks in no matter how one departs the U.S., even if it is voluntarily!

In any event, this lady’s heartfelt story above shows that there are real immigrants out there everyday who simply cannot “get their papers” here, but must return to their countries to do so. And, when they do that, they may be stuck in their countries for 10 years before being allowed to return, as happened with this lady. Having paid her dues, she is now in the process of reapplying again through her citizen husband, and should get approved easily this time since the 10 years have already passed with her being outside the United States. This is a real story. It is a story multiplied by thousands of times. For the sake of unification of families, let us hope that Congress will remove these bars from the law as soon as possible.

45 Comments »

Top 10 Reasons Why Immigrants Get Visas Denied

Posted in Grounds of Inadmissibility, Lawful Permanent Residence with tags Consulate Processing, Extreme Hardship, Unlawful Presence Bar (3- or 10-yr Bar) on September 14, 2009 by Guru Immigration

(Click on Top Banner to Return to the Blog Home Page from Any Blog Article)

We thought it would be fascinating and instructive to analyze and compile a list of why people were denied their visa applications in trying to immigrate to the U.S. An immigrant with one of these reasons potentially lurking in the background could try to gauge their chances of success to some extent using this list.

Only 2008 statistics are included in the list. Also, it only includes people who tried to apply for immigrant visas last year, that is, to immigrate permanently to the U.S. In legalese, these reasons for denial are known as “grounds of inadmissibility” or “inadmissible grounds.” These grounds come into play at the last step of the immigration process: at the consulate interview in the immigrant’s home country, or at the USCIS office interview here in the U.S. before the immigrant receives permanent residence (green card). This is after all the years of waiting for the visa priority date to be current, after all the facts of the relationship have been proved to be true between the petitioner and beneficiary, after all the forms appear to have been correct….but then these grounds appear suddenly like thieves in the night to derail the immigrant visa application.

For each inadmissible ground, along with our comments, the list includes the total number of people denied last year, as well as the percentage who were denied. In other words, out of the total number of applicants faced with a certain ground of inadmissibility, such as for example, criminal convictions, some percentage of applicants was ultimately approved for their visas because they managed to receive some type of waiver.

The list is ranked by the total number of applicants denied, from the smallest to the largest. So, let’s begin…

No. 10 – Crime involving moral turpitude (CIMT)

Persons denied: 994 Denial rate: 83%

The bad CIMT. In immigration work, we lawyers hate to hear this acronym mentioned because it means the client’s case will be a hard case! A crime, such as DUI (driving under the influence) will not involve moral turpitude because it does not involve “baseness” or a “bad heart,” which is a rough definition of “moral turpitude.” But DUI with death or injuries involved does involve moral turpitude. Of course, it goes without saying that more serious crimes such as fraud, theft, rape, murder, and so forth are CIMTs. A conviction for a CIMT in an applicant’s past will make them inadmissible to the U.S. although a waiver is possible. However, the 83% denial rate shows that the waiver will be quite difficult to get.

No. 9 – Smugglers

Persons denied: 1,018 Denial rate: 92%

Just to be clear, this refers to alien smuggling, not contraband. And yes, there is a waiver available if the alien being smuggled was someone in the immigrant’s immediate family. The term “smuggling” makes it seem as though the immigrant committed a very serious act, but actually, it includes acts such as “encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law.” So, it’s not only hiding another person in the trunk of a car that can make you guilty of alien smuggling! Regardless, the 92% denial rate shows that U.S. immigration authorities strongly frown upon this.

No. 8 – Ordered removed upon arrival

Persons denied: 1,208 Denial rate: 84%

When a person arrives in the U.S. and is seeking admission at the airport or at the border, but because of certain ineligibilities is placed into removal proceedings and then ordered removed, they will be barred from being readmitted to the U.S. for 5 years. Yet last year there were more than 1,400 immigrants under this bar who tried to immigrate back to the U.S. sooner than 5 years, and as can be seen, 84% were denied. The 16% who overcame this bar presumably sought and received permission ahead of time from U.S. immigration authorities, while in their home countries, to apply for a visa before the 5-year period had expired. This group includes those who were ordered removed multiple times upon arrival (20-year bar) and those who were aggravated felons at the time of the removal upon arrival at U.S. shores (permanent bar).

No. 7 – Public charge

Persons denied: 1,664 Denial rate: 24%

A public charge is someone who cannot support themselves in the U.S. but must resort to the government to support them. Such a person cannot immigrate to the U.S. As can be seen, however, this reason for denial is the easiest to overcome with more than 3 out 4 immigrants able to correct the problem when they were told by the consulate that there was a problem. In reality, the immigrant’s petitioner had to sign the Affidavit of Support form ahead of time to agree they would pledge their income and assets to support the immigrant. Even if the income is not enough, a joint sponsor’s income can be used to help out. Thus, it is quite easy to overcome the ground of being a public charge, and for the immigrant visa to be approved as a result.

No. 6 – Drug abuser or addict

Persons denied: 2,457 Denial rate: 100%

Some things are just self-evident. The 100% denial rate for this is not a surprise. What is surprising is how many people actually tried to apply even though they were drug abusers or addicts.

No. 5 – Unlawfully present after previous immigration violations

Persons denied: 4,267 Denial rate: 100%

This category is an extremely harsh category to be caught under. It consists of immigrants who had been unlawfully present in prior times in the U.S. for a total period of more than 1 year, or who were ordered removed or deported, but then entered or tried to enter the U.S. illegally. At their consulate visa interview, when this negative immigration history is discovered, such a person cannot be admitted to the U.S. It’s a lifetime bar! However, the person could wait 10 years outside the U.S. then apply to immigration authorities for permission to reapply for admission to the U.S.

The 100% denial in this category, however, probably means that all or most of the applicants faced with this bar did not wait the required 10 years to apply for the permission above, and so simply could not be approved no matter what.

No. 4 – Misrepresentation

Persons denied: 4,765 Denial rate: 79%

This is the “When you lie, you fry” category. These were immigrants who had their visas denied due to being caught committing fraud or misrepresenting (lying) some fact in order to obtain the visa or even any previous visa or admission document. The relatively high denial rate shows that U.S. immigration authorities do not have a high tolerance for immigrants not being truthful on their applications. Still, 21% of them ended up overcoming this due to a waiver being available. The waiver is to show extreme hardship to a spouse, child or parent who is a U.S. citizen or legal permanent resident and thus, is very similar to the waiver used for the very common 10-year bar, which is the next category.

No. 3 – Unlawfully present 365 days or more

Persons denied: 13,977 Denial rate: 46%

As can be observed, the total number of immigrants denied last year under this No. 3 category was almost 14,000 people, compared to only 4,765 denied under the previous category (misrepresentation). So, we have a huge jump going only from No. 4 to No. 3. This category is very common because, as we discussed it in detail in our other article, so many immigrants have formerly accumulated unlawful or illegal presence in the U.S. of 365 days or more, that when they leave to try to apply for their permanent visa at the U.S. consulate in their country, they are confronted with the 10-year bar. And, as was shown in that article, this bar does have an extreme hardship waiver available for it, which surprisingly, had only a 46% denial rate last year, or more than half approval rate!

However, a lower percentage rate of denial does not necessarily mean that this waiver is easy to get. Obviously the statistics used to construct this list does not, and indeed, cannot tell us how many people who knew ahead of time they would be denied and did not bother to apply. For example, someone with a weak case might have obtained legal advice ahead of time from their immigration lawyer that applying for a visa would be a waste of time even if there is a waiver available in the law. Thus, it may be that for certain waivers such as this one, there were more applicants with stronger cases to begin with anyway, thus biasing the rate of success more toward approval. To obtain approval of this waiver, the immigrant has to leave behind their family in the U.S. and travel back to their home country and apply at the U.S. consulate. If the waiver is denied, which is almost half the time, they are stuck in their country unable to return to their family. Thus, we believe in looking at the statistics that probably only people who felt more confidently ahead of time that they have a strong hardship case would take this risk.

No. 2 – Labor certification

Persons denied: 17,561 Denial rate: 97%

A less well-known way of immigrating to the U.S. is through an employer petition. A U.S. employer can petition for an immigrant worker to take a permanent job position in the U.S. In order to qualify, however, the employer must file a labor certification application with the U.S. Department of Labor to certify that there are no willing, able, and qualified U.S. workers for the job position. Only if this labor certification is certified will the immigrant worker be approved a visa to immigrate. However, at the consulate interview, there are many reasons why the worker may be denied a visa, such as when the consulate officer believes the worker does not truly intend to work for the employer, or fraud in obtaining the labor certification, etc. This ground of denial is almost impossible to overcome as seen in the almost 100% rate of denial.

Finally, we come to the TOP REASON FOR VISA DENIAL, which is…:

No.1 – Application does not comply with provisions of law or regulations!

Persons denied: 87,843 Denial rate: 34.1%

Amazingly, for something that is #1, it is not a fancy reason to deny a visa! The Department of State does not break out in fine details what these consisted of, but they have to do with reasons such as the applicant not being eligible for the visa being sought, filing requirements not met, lack of required evidence, missing forms, missing information, etc. Pretty mundane reasons actually. That said, this category seems to also be a catch-all category containing reasons for denial that do not fit neatly into any of the main categories laid out in the Immigration and Nationality Act (INA).

This reason for denial (legally, section 221(g) of the INA) is relatively easy to overcome. This is understandable if the denial has to do with deficient application forms or missing evidence since those can be easily fixed by the applicant. A HUGE number of applicants were told initially they were in this category last year, more than 257,000, which easily dwarfs all the other nine categories combined. The lesson here is, make sure you are eligible for the visa ahead of time and your applications and documents in tip-top shape! Hiring a good immigration lawyer is obviously a good start toward this end.

So, those are the top 10 reasons for denial in terms of number. In terms of percentage, the ranking goes like this from the most difficult to overcome to the easiest:

1. Unlawfully present after previous immigration violations – 100% denial
2. Drug abuser or addict – 100%
3. Labor certification – 97%
4. Smugglers – 92%
5. Ordered removed upon arrival – 84%
6. Crime involving moral turpitude (CIMT) – 83%
7. Misrepresentation – 79%
8. Unlawfully present 365 days or more (10-year bar) – 46%
9. Application does not comply with provisions of law or regulations – 34.1%
10. Public charge – 24%

We hope you will never face any of these reasons for denial in your quest to immigrate to the U.S.!

12 Comments »

What to Look for When Your Green-Card Holder Helps You Immigrate

Posted in Immigrant Visas, Lawful Permanent Residence, Naturalization, Nonimmigrant Visas, Unlawful Presence Bar (3- or 10-yr bar) with tags Consulate Processing, I-130, Immediate Relative, Naturalization, Nonimmigrant Visa, overstay, permanent residence, Permanent Resident (LPR), U.S. Citizen Spouse, Unlawful Presence Bar (3- or 10-yr Bar), visa numbers, Work Permit on September 11, 2009 by Guru Immigration

(Click on Top Banner to Return to the Blog Home Page from Any Blog Article)

Last year, almost 164,000 relatives of green-card holders from around the world immigrated to the United States or received green cards here. So, it is not only U.S. citizens who can help their relatives. However, because a green card holder, also known as a legal permanent resident (LPR), is involved as opposed to a citizen, there are certain restrictions. These restrictions could have major consequences if careful attention is not paid to them.

Like a citizen, an LPR can petition for his or her spouse and/or children through filing the I-130 petition. Note that the LPR’s parents cannot be helped, unlike with a citizen. The LPR will be referred to as the “petitioner” and the spouse and/or children as “beneficiary” or “beneficiaries.” The beneficiaries of an LPR who are already in the U.S. on some kind of nonimmigrant visa must or at least should really try to maintain lawful status on those visas. That is, they cannot allow themselves to go-out-status by overstaying their visas, or by violating their visa status, such as working without authorization when the visa is not a type that allows employment. This is extremely important because when the time comes when visa numbers are available for them in a few or several years, the beneficiaries will not be allowed to get their green cards in the U.S. if they are out-of-status or violated the terms of their visas. Except if the I-130 was filed for them by April 30, 2001 or the petitioner naturalizes. For those of you reading this article now, and haven’t had an I-130 filed for you or have not filed an I-130 yet for your beneficiaries, that date is obviously too late.

What happens then? Well, the only way for a beneficiary to get the green card at that point will be to return home and apply for the final “immigrant visa” to return permanently to the U.S. But leaving the U.S. will subject that beneficiary to the 10-year bar if they had been out-of-status for a year or more while here unless that person is young and leaves the country prior to their 19th birthday. This is the same dreaded bar we discussed in “I’m Illegal, I Can Still Get a Green Card by Marrying My U.S. Citizen Boyfriend or Girlfriend?” If the beneficiary had been out-of-status for more than 180 days and less than a year, leaving the U.S. to get their papers will subject that person to the 3-year bar, with the exception of the young beneficiary who leaves the U.S. by the time they turn 18 years and 180 days.

Of course, an obvious way to not be out-of-status is for the beneficiary to simply leave the U.S. on time if they cannot obtain an extension of stay on the nonimmigrant visa they are holding, or cannot change to another visa type. That will prevent unlawful presence in the U.S. from accumulating. Then, when that person is back in their home country, if an immigrant visa number (for green card) is not available yet based on the I-130 that was filed for them, they could try to come back to the U.S. on the original nonimmigrant visa if it hasn’t expired yet, or apply for a different nonimmigrant visa.

What about beneficiaries who came illegally to the U.S. and never even had nonimmigrant visas in the first place? Unless the I-130 was filed by April 30, 2001, these people also must go back to their countries when visa numbers are available to get their papers and will be subjected to the 10-year bar if they had been illegal in the U.S. for a year or more, except once again, those who go back prior to their 19th birthdays. These people are very similar to the boyfriend or girlfriend who came illegally to the U.S. but wants to marry a citizen now, and for whom the article “I’m Illegal…” was primarily written about.

What if the beneficiary is in their home country and is not interested in or cannot obtain a nonimmigrant visa to be in the U.S.? In that case, they simply wait until a visa number is available on the I-130 petition. The visa number is available when the priority date (most of the time the same as the I-130 filing date) is “current.” For example, right now, for beneficiaries who are spouses and children under 21 of an LPR, the December 2009 Visa Bulletin shows “01NOV05″, meaning that only priority dates before June 1, 2005 are current for most countries. For beneficiaries who are sons and daughters 21 and over of LPRs, right now only priority dates before August 22, 2001 are current. Beneficiaries who are in the U.S. have the same waiting times as ones who are overseas.

Naturalization of the LPR Helps!

Many beneficiaries of LPRs who are in the U.S. and have been out-of-status for more than 180 days are always asking us for a way to not have to go back to their countries to obtain their papers when visa numbers are available. The good news is that there is a way to do that. If the petitioner files for naturalization and becomes a citizen, then his or her beneficiaries will be able to obtain their green cards here. There are two conditions that must be satisfied though. The first is that the beneficiaries must have come to the U.S. with a visa or were inspected, illegal entry will not do. The second is that only beneficiaries who are spouses or children still under 21 on the date of the petitioner’s naturalization will be eligible for this. Children 21 or over, unfortunately, will have to go back to their countries to get their papers and be subjected to the 3- or 10-year bar.

Finally, it should be noted that having an I-130 filed by the LPR, even if it is approved, does not allow the beneficiary any benefit such as a work permit, or a travel permit until a visa number is available, which could take many years as we have seen, and only if the beneficiary is allowed to adjust his or her status in the U.S. If adjustment is not allowed, he or she would have to travel back to their country to get their immigrant papers as we have seen, but may be subjected to the 3- or 10-year bar. For more information on the very important process known as “adjustment of status,” please see the article “Who Can Adjust Their Status to Green Card Here?“

11 Comments »

Top 10 Countries with Most Immigrants to the U.S. in 2008

Posted in Uncategorized on September 1, 2009 by Guru Immigration

(Click on Top Banner to Return to the Blog Home Page from Any Blog Article)

We thought it would be interesting to share with you this list. This is taken from statistics compiled from the U.S. Department of State’s website. For each country, the list includes the total number of legal immigrants who received green cards last year, whether from being issued immigrant visas overseas or from having their status adjusted in the U.S. It includes family-based and employment-based immigrants, and even special immigrants and diversity-lottery immigrants.

The results were pretty much what were expected, with a couple of surprises. Can you guess which country is # 1 in sending immigrants to the U.S. last year? Hint: it’s a neighbor of ours

Here is the complete list with the number of legal immigrants in 2008:

2. India (64,857)

3. China (60,720)

4. Philippines (53,171)

5. Vietnam (39,915)

6. Dominican Republic (33,230)

7. Pakistan (25,972)

8. Haiti (24,726)

9. South Korea (23,077)

10. El Salvador (17,193)

The amazing thing about this is that 4 out of the top 5 countries sending immigrants to the U.S. are in Asia. In fact, 6 out of the top 10 are in Asia, with the remaining 4 countries in North and Central America and the Caribbeans, with of course, Mexico is #1, which is not really much of a surprise.

What about our other neighbor, Canada, you might ask? Well, not even close. It’s 18th on the list. As for Great Britain? A measly 20th. In fact, no other country in Europe even cracks the top 20. One country in Africa made the top 20, Nigeria, in 16th place.

In the 19th century and early 20th century, immigration to the U.S. was mostly composed of immigrants from Europe. However, beginning in the mid-1960s, most immigrants have come from Latin America, Asia, and Africa. This list shows that trend continuing and shows that we are becoming a more and more diversified nation, which is a good thing.

Is your country in the top 10?

14 Comments »

I-130 Approval Is Not Green Card!

Posted in Lawful Permanent Residence with tags Adjustment of Status, Consulate Processing, I-130, Immediate Relative on August 30, 2009 by Guru Immigration

(Click on Top Banner to Return to the Blog Home Page from Any Blog Article)

The I-130 Petition for Alien Relative is probably the most common immigration form filed by people in the U.S. immigration system. A lot of people contact us right after the I-130 petition has just been approved. They’ve been waiting for years and happy. They want to know what they can do to claim their green cards right there and then!

Sorry, we have to tell them. The I-130 approval is a necessary first step for immigrants but does not necessarily entitle them to a green card right away, except for “immediate relatives.” The purpose of the I-130 petition is simply to classify the immigrant as a close relative of the person filing the form to put them into one of the recognized categories of U.S. immigration law. So, when U.S. Citizenship & Immigration Services (USCIS) approves the I-130, it is simply saying in effect: “OK, we find this immigrant is indeed your spouse/son/daughter/sibling as you claim.” That’s all. They’re not saying the immigrant got the green card. Not yet.

Family-Preference Categories

The five family-preference, or relative, categories are:

F1: unmarried sons and daughters 21 and over of U.S. citizens
F2A: spouses and children under 21 of legal permanent residents (green-card holders)
F2B: unmarried sons and daughters 21 and over of legal permanent residents
F3: married sons and daughters 21 and over of U.S. citizens
F4: brothers and sisters of U.S. citizens

In the above, “F” just stands for “Family.” The U.S. citizen or permanent resident filing the I-130 for his or her relative will be referred to as the “petitioner” and the relative(s) will be referred to as “beneficiary” or “beneficiaries.” From the categories listed above, yes, of course you are probably wondering, “What about spouses and children under 21 of U.S. citizens, shouldn’t they be listed somewhere?” The answer is, yes, but not in the five categories above. They are part of a separate and special category called “immediate relatives” that was mentioned. Whereas, the relatives in the categories above are in the “family-preference categories.” F1 has the highest preference and F4 has the lowest preference. Meaning there are generally more visas allocated each year to the higher preferences although every category has a limited number of visas allocated to it each year. Obviously, the F4 category is the slowest category because it has the lowest priority, i.e., the least number of visas available each year for it. Waits of 10 years or more is normal for F4.

Long Waits for I-130 Approval and for Visa Numbers

The problem is that an I-130 filed for a relative in one of these preference categories usually takes years just to be approved. For example, it’s currently taking over 5 years until approval for an I-130 in the F1 category at the California Service Center (CSC), and 3 years until approval at Vermont Service Center (VSC). For brothers and sisters, or F4 category, it’s currently taking 9 1/2 years until I-130 approval at CSC and about 2 1/2 years at VSC. These are average processing times reported on the USCIS website; your own petition may be longer or faster. You would think it’s normally not too difficult to prove that someone is your child or sibling, and you would be correct, since usually USCIS only asks to see birth certificates (except for marriage cases because of the prevalence of fraud). Yet, they can take that long to approve the I-130s! It is thus not surprising that when they receive the I-130 approval notice from USCIS, the beneficiary and their petitioner feel such happiness that they believe the beneficiary’s green card has been approved or will be soon.

The truth is that, after the I-130 approval, most of the times the beneficiary still has to endure another wait, sometimes very long. That wait is for a visa number to become available. As mentioned, there are limited number of visas available each year in each category. It’s first-come first-served, so whoever got the I-130 filed for them first will be in line ahead of another person who was petitioned for at a later date. The date that USCIS receives the I-130 is called the “priority date.” This is the date that determines if there is a visa number in your category.

The U.S. Department of State publishes the Visa Bulletin each month which you can use to check what priority dates are current in your category. Once there, click on the link for the current month (or latest month). For example, the December 2009 Visa Bulletin, under the F2A category, shows the cut-off date of “01NOV05″ for beneficiaries who are citizens of most countries (that is, not India, China, Mexico, or Philippines, who have their own columns in the Visa Bulletin table — Mexico and Philippines are notoriously slow since there is so much demand for visa numbers from those two countries). This means that currently, only I-130 petitions filed for a spouse or child of a legal permanent resident before November 1, 2005 have visa numbers available for most countries. For the month before, the November 2009 Visa Bulletin shows the F2A cut-off date was “15AUG05.” So in this category at least, the priority dates moved by 2 1/2 months in a month of real time, which is actually pretty good since usually they move one month of priority dates, or less, per month in real time.

Example: As an example of the wait for visa number even after the I-130 has been approved, let’s say you’re a U.S. citizen petitioning now for your unmarried daughter over 21 (F1 category) from Mexico, so the priority date is in November 2009. Currently, for the December 2009 Visa Bulletin, visa numbers are available in the F1 category for those Mexicans with I-130s filed on or before August 1, 1992 (more than 17 years ago). So, even after the I-130 has been approved, which took about 5 years for F1 as seen above at California Service Center, your daughter still has to wait for about another 12 years before a visa number is available for her to immigrate. Or, let’s say you’re a U.S. citizen petitioning for your brother now from the Philippines. Looking at the same Bulletin, visa numbers are currently available in the F4 category for those Filipinos with I-130s filed on or before March 22, 1987 (more than 22 years ago!). So, even after the I-130 has been approved, which took about 9 1/2 years for F4 at CSC, your brother still has to wait about 12 or 13 more years for a visa number.

Looking up the Visa Bulletin can only give an estimate as to when a visa number will become available. It is impossible to give a precise answer as to how fast each category will move in the future, especially if your priority date is several years behind. For some months, the visa numbers can move very fast, but then they will slow down, barely moving at all. All one can say is, for example, right now, the December 2009 Visa Bulletin shows that in the F3 category (married sons and daughters of U.S. citizens), the priority cut-off date is “22MAY01″ for most countries, which means only those F3 petitions filed prior to May 22, 2001 have visa numbers, for beneficiaries of most countries. If your priority date is in 2007, for example, then it may take six years, more or less, until there is a visa number available for you.

Note: Sorry, but we cannot answer for free questions of the type, “I’m in so-and-so category, with I-130 petition filed on so-and-so date. How long do you think I have to wait?” This blog article was originally written to show people how to use the Visa Bulletin to look the information up themselves and to estimate how long the wait might be in their own cases. Hundreds of people have asked this question on the blog or emailed us when they can do this themselves. It is quite easy to do. As mentioned, using the Visa Bulletin will give you only an estimate of the wait. No one can predict precisely how quickly visa numbers will move in the next few years. Not even USCIS or us lawyers can tell you for sure.

No Benefits While Waiting for Visa Numbers to Be Available: During the wait until a visa number is available, the fact that a beneficiary has an approved I-130 for them does not mean that they get any immigration benefit because of that I-130. If the person is here in the U.S. in unlawful status, they must take care not to be picked up by USCIS and put into removal (deportation) proceedings.

Also, people ask us this all the time but with only an approved I-130, the person does not get a temporary work permit if a visa number is not yet available. Neither will they get a driver’s license since the DMV will not issue a license unless the person has work authorization in the U.S. or proof of legal status. In other words, if you’re here illegally or you’re out-of-status on your visa, the I-130 by itself does not do anything to make you legal. This is just a false hope. It’s amazing how many of our clients were duped by notarios, non-lawyers, and even bad lawyers who told them otherwise about what the I-130 could do for them.

For example, some immigrants are under the mistaken impression (or given bad advice) that despite the long waits for visa numbers above, as soon as they have an I-130 filed for them and received by USCIS, or receive news of the I-130’s approval, that they can start filing for their green card or to be legal at that moment. There is no such thing. Be careful: filing such application or paperwork too early will, at best, leads to rejection of the application and loss of filing fees, and at worst, may result in removal proceedings if the immigrant is out-of-status or illegal in this country. Unless the immigrant is an immediate relative, there is no shortcut or going around the wait for a visa number before the next step for the green card can be taken.

What Happens Once Visa Numbers Are Available

However, after the wait when the priority date is finally “current,” meaning that a visa number is finally available, the beneficiary at that point can take the final step and apply for permanent residence or green card status.

a. If they came to the U.S. originally with a visa or were inspected, is not an immediate relative, AND they have not been out-of-status, they can file for adjustment of status in this country, just like the “easy” boyfriend or girlfriend scenario described in “It’s Easy for Me to get a Green Card by Marrying My U.S. Citizen Boyfriend or Girlfriend, Right?”

b. If they came illegally (whether an immediate relative or not) or have been out-of-status in the U.S. (and not an immediate relative), then they must go back to their country and apply, with the 3- or 10-year bar being an obstacle (except for those out-of-status/illegal for 180 days or less, or those who had an old petition filed by April 30, 2001), a difficult situation just like the boyfriend or girlfriend that was described in “I’m Illegal, I Can Still Get a Green Card by Marrying My U.S. Citizen Boyfriend or Girlfriend?”

c. On the other hand, if the beneficiary is outside the U.S., that person will file the immigrant visa package with the U.S. consulate in their country, submit police background and medical checks, among other documents, and then be interviewed at the consulate to receive the immigrant visa (unless if they had spent more than 180 days illegally/out-of-status in the U.S. on a prior stay). With the immigrant visa in hand, they can be admitted to the U.S. as a legal permanent resident.

A very important benefit for these family-preference categories is that the spouse and children under 21 of the main beneficiary are also entitled to immigrate at the same time, and in the same order of priority as him or her when a visa number is available (this is not the case if the main beneficiary is an immediate relative, however).

Good to Be Immediate Relatives

The exception or shortcut to all the long waiting described above is the category of “immediate relatives” mentioned. This is composed of three subcategories: (1) spouses of U.S. citizens, (2) children under 21 of U.S. citizens, and (3) parents of U.S. citizens when the citizen is at least 21. There are always visa numbers available for these people in unlimited numbers. So, they are highly preferred, or favored, in the U.S. immigration system, much more preferred than those in the five “family-preference categories” above. That is why you see so many people who came in originally with visas try to marry a U.S. citizen, whether the marriage is real or not, since they want to be classified as an immediate relative and bypass the long wait.

The other major advantage for an immediate relative is that if they entered the U.S. legally with a visa, any unlawful presence or time out-of-status since then is waived, or forgiven, as long as they have remained in the U.S. since entry and have not made a trip overseas, i.e., they will still be allowed to adjust status to green card without being forced to do so overseas. That is why you see many parents who came with visas and have kids born here wait many years even while the parents are out-of-status until the kids turn 21. Another advantage for an immediate relative is that both the I-130 petition and the adjustment application are allowed to be filed concurrently, i.e., filed at the same time. Whereas, immigrants in the family-preference categories must first wait for an I-130 to be approved, which could take years as described above, then file for the adjustment application to green card.

So, to sum it up, if you are an immigrant living in this country and you are not an immediate relative, having a U.S. citizen or legal resident relative file the I-130 for you, despite the long wait for visa numbers, is still good future planning because it reserves your place in the line. We can assist you with filing the I-130 since approval can sometimes be difficult.

Oct. 2, 2009 update: Yesterday, something happened with one of our cases which perfectly illustrates how people mistake the I-130 as “filing for green card.” One of our lawyers was representing a young man being detained in the Immigration detention center in Santa Ana here in Southern California. He had been accused of sexually molesting his niece when he was 16. Now the government wants to remove (deport) him and they are detaining him while he has to go through removal proceedings in court. His green-card holding father had filed an I-130 for him on April 27, 2001 in the F2A category, and it was not approved until March 2005. At that time, there was no visa number available in that category for someone with a 4/27/01 priority date. In June 2007, a visa number became available, BUT the client did not take that important next step that would get him his green card. That is, he did not file for adjustment of status.

So, when he was detained by Immigration and Customs in August, he still had illegal status in this country. Yesterday, in front of the immigration judge, he insisted that his family had “filed papers for him for green card” and that they “paid the fee.” Our lawyer told him and the judge that no such thing had occurred because the lawyer had examined those “papers” and in fact, we were now trying to file for adjustment in front of the judge. Our client insisted that his sister pull out of the folder she was carrying copies of those “papers,” and implied that we were wrong.

When she took those papers out, the lawyer immediately saw that she had showed him those before in our office. They were the same old copies of the I-130 and supporting documents the client’s father had filed for him in 2001 along with a copy of the money order for $110, which was the fee at the time for the I-130. The lawyer had to explain to him and to the family that getting the I-130 filed and approved (in 2005) only meant that the government ruled that he was his father’s son, no more. That in June 2007, he should have taken advantage of the availability of a visa number and filed for green card by paying the required $2,010 total fee to USCIS (including $1,000 penalty fee for illegal entry or being out-of-status). He did not at the time, and so, we have to do it now in court, with the judge granting him the green card.

So, from what we have seen, when people receive an I-130 approval notice from USCIS in the mail arriving at their house, many of them, unfortunately, do not understand from the complicated and badly written information on that notice that the I-130 approval does not grant any benefit in itself. It is hard for them to understand that they would have to affirmatively take the next step to file for the green card when a visa number becomes available, and that doing nothing will not magically result in legal immigration status for them.

266 Comments »

Can I Be Deported When I’m Not Even There in Court?

Posted in Uncategorized on August 25, 2009 by Guru Immigration

(Click on Top Banner to Return to the Blog Home Page from Any Blog Article)

Dear Guru,

after my 130 and 485 was denied, i left the usa. that was last year. unfortunately, last week, my parents told me that i have received a ”notice to appear.” at their usa mailind address. I read online that I would be deported ”in absentia” by the Immigration Judge. what should i do please?

——————
Answer: Deported in absentia (now called ‘removal in absentia’ just means you can be deported in your absence. But, you cannot be ordered deported if you have already left the US. An attorney would need to appear in court for you at the hearing set on the Notice to Appear, with proof of your non-presence in US, and move to dismiss. It’s important that you do so or else you will have a removal (deportation) on your record for at least 10 years.

If the Immigration Court is in Southern California, contact our office and we can represent you.

Best

4 Comments »

Boyfriend got DUI hit-and-run and now deported

Posted in Uncategorized on August 20, 2009 by Guru Immigration

(Click on Top Banner to Return to the Blog Home Page from Any Blog Article)

Today we have a very interesting question from a young woman that illustrates that sometimes, loved ones and close friends are very concerned for the immigrant and want to help, but unfortunately are prevented from doing anything under the law.

By the way, these questions are unedited without fixes as to spelling or grammatical errors.

So, here goes.

Dear Guru,

My boyfriend (we lived together but weren’t married) got a DUI, hit and run he was in jail
and got sent to Mexico on early January but not deported and he had a court date for early April. When he was trying to cross the border to come back in March 19 he was caught by the border patrol and they deported him for 5 years. He got send to Mexico when we had just had our first baby he was a week old. is there anything i can do? Can I apply to get him a legal residence card? I’m a legal resident. if i can howmuch would it cost? would i need to go get married?
THANK YOU for all your help

———————————–
Answer:

Probably nothing can be done for years. First, boyfriends and girlfriends cannot do anything for each other. So, you would have to get married to him first. Second, lawyers who answer need to tell you upfront that with only a green card (i.e, you’re a legal permanent resident, not a US citizen), even if the deportation could be waived for your husband (when he becomes your husband), and you apply for him today as the spouse of a legal resident, he is stuck in Mexico until a visa number is available for a spouse of a legal resident. And when will that be? Well, currently they’re running about 4 years behind for Mexicans in that category. See “What to Look for When Your Green-Card Holder Helps You Immigrate.”

If you apply for citizenship (at least 5 years after obtaining green card), then the wait won’t be 4 years. But, the waiver of deportation will be pretty difficult to get approved, especially since he has repeated illegal entries to the US AND he has a DUI hit-and-run on his records, which is very bad.

Few cases are impossible, but this is a pretty difficult case. Cases like this can sometimes be successful, but it will cost you a LOT of money in attorney’s fees because so many resources have to be thrown at it. And, frankly, in this economy, a lot of people are not willing to spend that money.

Best.

5 Comments »

Student visa holder married green card holder, what can she do?

Posted in Uncategorized on August 18, 2009 by Guru Immigration

(Click on Top Banner to Return to the Blog Home Page from Any Blog Article)

Question: Dear Guru,

My sister is a F1–name removed–currently maintaining status. She married a Green Card Holder (DV) in April 2008. They have not filed any petition yet as she wanted to continue studies as a F-1. They have been living together.

She is going to graduate in May 2009. Now she wants to file family petition and remain in the US with her husband.

(1) Do we file I-130, I-485, I-765, I-131 together at the same time?

(2) Can she remain in the US until there is a decision on her I-130 OR will she have to continue going to school?

—————————————–
Answer: The husband is a legal permanent resident (LPR) and can only file an I-130 for your sister. The I-485 CANNOT and must not be filed together with the I-130 or it will be rejected because the husband only has a green card and not a U.S. citizen yet. The I-485 can ONLY be filed once a visa number is available for your sister as the wife of an LPR. The I-130 is approved relatively fast but it does not grant her the right to file the I-485 until a visa number is available and that family-based category, called F2A, is about 4 years behind, more or less. She’ll have to maintain lawful status in this country (continuing going to school, H-1B, E-1 visa, or whatever temporary nonimmigrant visa she qualifies for independently), while waiting in the 4 years or else she’ll jeopardize her chance of filing an I-485 in the future due to being out-of-status.

Also, people continually make the mistake of thinking that as soon as their LPR spouse files the I-130 for them, that they can stay in this country regardless if their temporary nonimmigrant visa (the student visa in this case) is out-of-status. No! The I-130, even if it is approved, does NOT grant any right to a person to be in this country or to get a work permit or a driver’s license whatsoever. Not until there is a visa number available for the F2A category of spouses of LPRs when the I-485 is finally allowed to be filed. And as stated, no visa numbers are available for about 4 years if an I-130 is filed today. To understand this issue read the article “I-130 Approval Is Not Green Card!” as a whole.

The way to get out of this quandary is if the husband files for citizenship and get approved in the meantime. That will reduce your sister’s wait and make things easier.

Best.

34 Comments »

Guru Immigration Law Blog

THE GURU IMMIGRATION LAW BLOG WISHES YOU AND YOUR FAMILY A WONDERFUL HOLIDAY SEASON & A HAPPY NEW YEAR!!!

Who Can Adjust Their Status to Green Card Here?

Is the 10-Year Bar for Real and Could It Stop Me from Getting My Green Card?

Top 10 Reasons Why Immigrants Get Visas Denied

What to Look for When Your Green-Card Holder Helps You Immigrate

Top 10 Countries with Most Immigrants to the U.S. in 2008

I-130 Approval Is Not Green Card!

Can I Be Deported When I’m Not Even There in Court?

Boyfriend got DUI hit-and-run and now deported

Student visa holder married green card holder, what can she do?

Recent Posts

Most Popular

INFO & CONTACT

Recent Comments

Our law firm site:

Useful links

Categories

Tags