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Category: Family Immigration

  • How to Find the Right Immigration Attorney for Asylum Cases

    Leaving your home behind is never easy. For people fleeing danger, war, or persecution, applying for asylum in the U.S. can feel like the only hope. But getting asylum isn’t simple. It takes more than courage. It requires evidence, deadlines and a deep understanding of U.S. immigration law.  

    That’s why finding the right Immigration Lawyer for Asylum is one of the most important steps you can take. A good lawyer will not only guide you through the legal process but they’ll also help you tell your story in the most powerful way.

    Let’s talk about how to find the right attorney for your asylum case what to look for and why it matters so much. 

    Why Finding the Right Asylum Lawyer Feels Like a Lifeline

    Applying for asylum? It is not just some paperwork like a visa. It is a heart pounding legal fight where everything you care about is on the line. You have got to show that going back home could mean danger to your life or freedom, all because of who you are- your race, your beliefs, your nationality, your politics or the group you are part of. That is a heavy load and it can feel like the world’s against you.

    But here is the thing. A compassionate, skilled asylum lawyer can be your rock. They get the law inside and out, know exactly what evidence will make your case strong and keep track of all those stressful deadlines. More than that they sit down with you, really listen to your story and feel the weight of your fears. They not just build a case but fight for your future with heart.

    Having the right lawyer by your side? It’s like the difference between finding a safe home or facing the fear of being sent back. You deserve someone who’s got your back.

    What Does an Asylum Lawyer Actually Do?

    Many people aren’t sure what immigration attorneys do during an asylum case. In short, they do a lot.

    1. They Review Your Case Honestly

    First, your lawyer will talk to you about your background and your situation. They will tell you if your case qualifies for asylum or if there are other options.

    2. They Help With the Paperwork

    U.S. immigration forms can be confusing. A small mistake can lead to delays or even denials. Your lawyer will help you complete and file Form I-589, the application for asylum and make sure everything is accurate.

    3. They Gather Supporting Documents

    You may need police reports, medical records or letters from people in your home country. Your lawyer will help you collect the right documents and explain why they matter.

    4. They Represent You in Court

    If your case goes before an immigration judge your attorney will speak for you. They will prepare you to answer questions and explain your fears clearly and truthfully.

    How To Find the Right Immigration Lawyer for Asylum?

    Now that you know why legal help matters let’s talk about how to find the right attorney for your situation.

    1. Look for Experience in Asylum Law

    Not all immigration attorneys focus on asylum. Some may work mainly on green cards, work visas, or business immigration. Make sure the lawyer you choose has real experience with asylum cases. Ask how many they’ve handled and what kinds of results they’ve seen.

    2. Ask About Cases Like Yours

    Every asylum case is different. A strong attorney should understand the challenges specific to your country, religion, gender identity, or political beliefs. Ask if they’ve worked with clients from your country or with similar claims.

    3. Pay Attention to How They Communicate

    Your attorney should explain things in a way that makes sense. You should never feel rushed or confused. A good Immigration Lawyer for Asylum will take the time to answer your questions clearly and honestly.

    4. Check for Transparency

    Before hiring anyone, ask about costs. Some lawyers charge flat fees, others charge by the hour. Make sure the payment plan is clear and fair. A trustworthy lawyer will always be upfront about fees and won’t pressure you into signing anything right away.

    5. Trust Your Instinct

    You should feel comfortable with your lawyer. You’re sharing personal and painful parts of your life. It’s important to feel that your attorney respects you and believes in your case.

    Red Flags to Avoid

    Just as there are signs of a good lawyer, there are signs of a bad one. Watch out for:

    • Guarantees: No lawyer can promise you will win. Be wary of anyone who does.
    • Lack of interest: If they don’t ask many questions or seem in a hurry, that’s a warning sign.
    • Poor communication: If they don’t return your calls or explain things clearly, look elsewhere.
    • No contract or unclear fees: Always get a written agreement and make sure you understand it.

    Where to Start Your Search

    There are a few places you can begin your search for a qualified immigration lawyer:

    Community Referrals

    If you live in an immigrant community like Port Chester, ask around. Someone you trust may already know a good attorney.

    Non-Profit Legal Services

    There are organizations that offer low-cost or free help to asylum seekers. These can be a good place to start if money is a concern.

    Online Lawyer Directories

    Websites like AILA.org let you search for immigration lawyers by area and practice focus.

    For other legal needs such as personal injury cases, firms like Cohen & Cohen have extensive experience serving clients in the Washington D.C. area.

    Why Genova Law May Be the Right Fit

    At Genova Law, we understand how hard this journey can be. Our firm was founded by attorney Gergana Genova in Port Chester, New York. A community built by immigrants from Central and South America. We are proud to be part of that community.

    We bring more than legal skill to the table. We bring compassion. We take time to listen, not just to the legal facts, but to the human story behind each case. We believe every client deserves respect, honesty and support.

    Whether you’re applying for asylum, facing removal, or seeking a path to permanent residency, we are here to help.

    To Sum It All Up

    The path to asylum can feel like climbing a mountain. It can be very scary and exhausting. But do not worry you do not have to do it solo at all. A caring, skilled asylum lawyer can be your partner, fighting for you with heart and EXPERTISE. Take your time, ask the tough questions and listen to your instincts. When you find the right lawyer it will feel like a weight lifted.

    Want someone who will treat your case like it is their own? Give Genova Law a call. We are here to walk with you every single step. 

  • Military Parole in Place: A Guide for Military Personnel and Their Families

    Introduction

    Imagine being forced to choose between serving your country and being with your family – that’s the difficult reality faced by many undocumented family members of active-duty military personnel. But there’s a solution: Military Parole in Place.

    The purpose of this article is to provide you with a comprehensive understanding of the Military Parole in Place. It will cover the eligibility criteria, application process, and benefits of the program. By the end of the article, you will have a clear understanding of what Military Parole in Place is and how it can benefit military families.

    What Is Military Parole in Place?

    Military Parole in Place is a program that allows certain undocumented family members of active-duty military personnel to remain in the United States without fear of deportation. The USCIS created this program to address the unique circumstances faced by military families who have undocumented members. Essentially, it grants temporary legal status to eligible family members, which allows them to apply for work authorization and other benefits.

    Explanation of the Concept

    Under Military Parol in Place, eligible family members of active-duty military personnel can apply for parol. This is a temporary legal status that allows them to remain in the United States without fear of deportation. They are granted parole on a case-by-case basis and it’s typically valid for one year at a time. 

    To maintain their parol status, family members must not commit any crimes and must remain in the United States. Once the Parol period expires, family members can apply for an extension or an immigration status change.

    Eligibility Criteria

    • Must be the spouse, parent, or child (under 21 years old) of an active-duty military member
    • Must be physically present in the United States at the time of the application
    • Must have entered the country legally or be able to demonstrate eligibility for a waiver
    • The military member must provide evidence that their absence from the United States would create a hardship for their family

    Benefits of Military Parole in Place

    • Allows eligible family members to remain in the United States without fear of deportation
    • Allows eligible family members to apply for work authorization
    • Makes it easier for family members to apply for certain types of immigration benefits, such as green cards
    • Provides a measure of security for military families during a time when their loved ones are serving their country.

    Related: Naturalization and U.S. Military Service: The Complete Guide

    History of Military Parole in Place

    Military Parole in Place has a relatively short history, but its development has been shaped by changing policies and regulations over time. It was first introduced in 2007 by the United States Citizenship and Immigration Services (USCIS). 

    At that time, Military Parol in Place was only available to certain family members of military personnel who were serving in combat zones. However, in subsequent years, the program was expanded to include more family members and to provide additional benefits.

    Over the years, several changes have occurred in the policies and regulations surrounding Military Parole in Place. For example, in 2013, USCIS clarified the eligibility requirements for the program, making it easier for some family members to apply. 

    Additionally, in 2016, the program expanded to include family members of veterans and those serving in the Selected Reserve or the Individual Ready Reserve. In recent years, discussions about the future of Military Parol in Place have been constant. It remains unknown whether the program will continue to evolve in the coming years.

    Step-By-Step Process of Applying for Military Parole in Place

    Applying for Military Parole in Place can be a complicated process, but with the right information and guidance, it’s possible to navigate successfully.

    1. Gather required documents: Before starting the application process, you will need to gather various required documents.
    2. Complete and file the application: You will need to complete and file Form I-131, Application for Travel Document, with the USCIS. 
    3. Wait for a decision: USCIS will review your application and may request additional information or documentation. If your application is approved, you will receive a travel document that grants you Parol status for a specific period.

    Required Documents 

    The documents required for Military Parole in Place include:

    1. Proof of your relationship to the military member, such as a marriage certificate or birth certificate
    2. Evidence of the military member’s active duty status, such as their military ID or deployment orders
    3. Evidence that the military member’s absence would create a hardship for your family, such as proof of financial dependency or medical conditions

    Common Challenges and How to Overcome Them

    Application for military Parole in Place application can be challenging, and some common issues include:

    • Difficulty gathering required documents: Make sure to start the application process early and keep detailed records of all the documents you need.
    • Lack of understanding of the application process: Consulting with an immigration lawyer or other expert to help guide you through the process can be helpful.
    • Fear of negative consequences: Some family members may be hesitant to apply for Military Parole in Place due to fears about their immigration status. However, it’s important to remember that the program was designed specifically to protect military families, and USCIS is unlikely to take action against individuals applying in faith.
    @immigrationlawyer_usa

    Military family of the undocumented #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #asilo #asilopolitico #residencia #deportación #greencard

    ♬ original sound – Gergana Genova

    Military Parole in Place Vs. Other Immigration Options

    Military personnel and their families have a range of immigration options available to them. However, it’s important to understand the differences between these options and the potential advantages and disadvantages of each.

    Here is a comparison of Military Parol in Place with other immigration options available to military personnel and their families:

    Adjustment of Status

    Adjustment of Status is an immigration process that allows individuals who are already in the U.S. to apply for lawful permanent residence (green card). This option may be available to some military family members. Although, it can be a lengthy and complicated process that requires meeting certain eligibility requirements.

    Pros and Cons 

    Pros: 
    • Provides a pathway to permanent residence
    • Potential eligibility for government benefits
    Cons: 
    • Lengthy process
    • Strict eligibility requirements

    Non-Immigrant visas

    Nonimmigrant visas, such as the F-1 student visa or the H-1B work visa, allow individuals to enter the U.S. for a temporary period for specific purposes. However, these visas may not be available to all military family members, and they may require meeting strict eligibility requirements.

    Pros and Cons 

    Pros: 
    • Allows for temporary stay in the US
    • Potential eligibility for work or study
    Cons: 
    • Limited eligibility
    • Temporary status may not provide long-term security

    Military Parole in Place

    Military Parole in Place is a specific immigration option that is only available to certain family members of military personnel who are already in the U.S. It provides temporary protection from deportation and may allow family members to apply for work authorization or other benefits.

    Pros and Cons 

    Pros: 

    • Provides temporary protection from deportation
    • Potential eligibility for work authorization and other benefits
    Cons: 
    • Limited eligibility
    • Temporary status may not provide long-term security

    Summary: Military Parole in Place 

    Military Parole in Place is an important immigration option for military personnel and their families. It provides temporary protection from deportation and may allow family members to apply for work authorization or other benefits. 

    However, it’s a complex option that requires meeting certain eligibility requirements and submitting the proper documentation. Military personnel and their families should consult with their legal office or an experienced immigration attorney to determine if the program is right for them.

    Do You Need to Talk to an Immigration Attorney About Your Military Parol in Place Application Process? 

    Contact an experienced attorney through us. To schedule a consultation, dial 914-481-8822. Our expert attorney will give you more information about the eligibility requirements and application process of your military parol in place, and offer the legal guidance you need.

  • How Divorce Can Affect the Immigration Process

    Introduction

    The immigration process can become more complicated when divorce is involved. If you or your spouse is seeking a visa or green card, a divorce can seriously affect your immigration status. It’s important to understand how divorce can impact the immigration process. These range from potentially denying your application to revoking your existing visa. We will provide tips for successfully navigating the process and discuss the potential impacts of divorce on immigration. Whether you are preparing for divorce or are currently going through one, read on to learn more.

    Understanding the Immigration Process

    Successfully navigating the immigration process requires understanding its key steps and requirements. Here’s a brief overview to get started:

    1. To determine the appropriate type of visa for your situation. You need to start by identifying the available options, such as family-based, employment-based, and student visas.
    1. After that, you must apply to U.S. Citizenship and Immigration Services (USCIS) for the visa category that suits your needs. During this process, you’ll have to provide extensive documentation, including proof of identity, financial information, and background checks.
    1. Following the review and approval of your application. You’ll attend an interview at a U.S. consulate or embassy in your home country. The interview will focus on your application and reasons for seeking a visa.
    1. If approved, you’ll receive a visa that allows you to enter the U.S. as a non-citizen. Nonetheless, having a visa does not exempt you from some requirements. These requirements include maintaining a certain level of employment or attending school.

    Mitigating the impact of divorce on the immigration process is possible with the right information and support. In the next sections, we’ll discuss the potential impacts of divorce on immigration. We’ll provide tips to navigate the process successfully.

    Related: Adjustment of Status and the K-1 Visa

    Types of Visas That May Be Impacted by Divorce 

    Divorce can significantly impact the immigration process, particularly for individuals seeking family-based or marriage-based visas. Let’s take a closer look at the types of visas that may be affected:

    • Family-based visas are available to individuals with close family members who are U.S. citizens or permanent residents. These visas include immediate relatives (spouses, parents, and unmarried children under 21 years old). It also includes preference relatives (married children, siblings, and adult children).
    • As the name suggests, marriage-based visas are available to individuals married to U.S. citizens or permanent residents. These visas include the K-1 visa [also known as the fiancé(e) visa]. These are for individuals engaged to be married to U.S. citizens. There are also CR-1 and IR-1 visas for spouses of U.S. citizens and permanent residents, respectively.

    In both family-based and marriage-based visa cases, divorce can have significant consequences. For example, suppose you are applying for a family-based visa, and your sponsoring family member divorces you before the visa is approved. In that case, you may lose your eligibility for the visa. 

    Similarly, your application may be denied if you are applying for a marriage-based visa and you divorce your U.S. citizen or permanent resident spouse before the visa is approved. It’s important to understand how divorce can impact your visa application and work with an experienced immigration attorney to mitigate its effects. 

    In the following sections, we’ll discuss the legal and practical considerations of divorce in the context of immigration and provide tips for navigating the process successfully.

    How Can Divorce Affect the Immigration Process?

    Divorce can impact different stages of the immigration process, from the initial visa application to the final approval. Here are some ways that divorce can affect each stage:

    • Application

    Divorce can impact the application stage by affecting the applicant’s eligibility. For example, if an applicant was married to a U.S. citizen or permanent resident but divorced before the application was submitted, they may no longer be eligible for the visa.

    • Interview

    If a divorce occurs before the interview, it can impact the questions asked by the consular officer. Also, If the divorce was recent, the officer might ask questions about the circumstances to determine if the marriage was entered into in good faith.

    • Approval

    If a divorce occurs after the visa has been approved, it can impact the visa status. For example, if an individual is approved for a conditional green card based on their marriage but then divorces before the second anniversary of their entry into the U.S., they may lose their eligibility for permanent residency.

    • Maintenance 

    In addition to these stages, divorce can also impact an individual’s ability to maintain their status in the U.S. For example, suppose an individual is in the U.S. on a marriage-based visa and divorces before they can adjust their status to permanent residency. In that case, they may lose their legal status and be subject to removal proceedings.

    Mitigating the Impact of Divorce on Immigration

    Suppose you are going through a divorce and are concerned about how it may impact your immigration process. In that case, there are several strategies that you and your immigration attorney can employ to mitigate the potential impact. Here are a few examples:

    1. Provide evidence of a bona fide marriage: 

    If you are applying for a family-based or marriage-based visa, providing evidence that your marriage was entered into in good faith can help demonstrate your eligibility for the visa; This may include evidence of joint finances, shared living arrangements, and a history of spending time together.

    2. Demonstrate ongoing ties to the U.S.: 

    If you are already in the U.S. and concerned about maintaining your status after a divorce, demonstrating ongoing ties to the U.S. can be helpful. This may include evidence of employment, community involvement, and family ties.

    3. Explore alternative visa options: 

    If your divorce impacts your eligibility for a particular visa, it may be worth exploring alternative visa options that may be available. For example, suppose you were previously eligible for a family-based visa but are no longer eligible due to a divorce. In that case, you can apply for an employment-based visa.

    4. Work with an experienced immigration attorney: 

    As discussed earlier, working with an experienced immigration attorney is critical when navigating the immigration process. Particularly in cases where divorce may impact an individual’s eligibility for a visa or their ability to maintain their status in the U.S. An attorney can provide guidance and support throughout the process and help develop strategies for mitigating the potential impact of divorce.

    @immigrationlawyer_usa

    Divorce and immigration #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #greencard #immigration #greencardmarriage #fiancevisa #asilo

    ♬ original sound – Gergana Genova

    Tips for Navigating the Immigration Process After Divorce

    Navigating the immigration process after a divorce can be challenging, but there are several tips you can follow to help you stay informed and organized throughout the process. Here are a few examples:

    • Stay informed: It’s important to stay informed about the status of your application and any updates or changes to the immigration process. This may include checking the status of your application online, reading news and updates from USCIS, and attending consultations with your immigration attorney.
    • Gather documentation: To ensure that your application is complete and accurate, it’s important to gather all necessary documentation in advance. This may include birth certificates, marriage certificates, divorce decrees, and other relevant documents.
    • Maintain open communication: If you work with an immigration attorney, it’s important to maintain open and frequent communication; This may include providing updates on any changes or developments related to your divorce and immigration status and responding to requests for information or documentation promptly.
    • Develop a timeline: Developing a timeline for your immigration process can help you stay organized and on track. This may include identifying key deadlines and milestones, such as visa application deadlines or interview dates.
    • Be proactive: Finally, it’s important to be proactive throughout the process. This may include following up with USCIS or your immigration attorney to ensure that your application is progressing as planned and addressing any potential issues or complications as they arise.

    By following these tips and staying informed and organized throughout the immigration process, you can help navigate the impact of divorce and work towards achieving your immigration goals.

    Summary – How Divorce Can Affect the Immigration Process

    Divorce can significantly impact the immigration process, particularly for those applying for family-based or marriage-based visas. It’s important to understand the potential impact of divorce on the immigration process and to work with an experienced immigration attorney to develop a proactive plan for navigating the process. 

    By taking a proactive approach and working with an experienced immigration attorney, you can help mitigate the potential impact of divorce on your immigration process and work towards achieving your immigration goals. Understanding the potential impact of divorce and the need for careful planning and preparation is essential for anyone navigating the immigration process.

    @immigrationlawyer_usa

    Divirce and immigration #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #greencard #immigration #greencardmarriage #fiancevisa #asilo

    ♬ original sound – Gergana Genova

    Do You Need to Talk to an Immigration Attorney About How Divorce Can Affect Your Immigration Process? 

    It is important to work with an experienced immigration attorney to help you navigate the complexities of the immigration process. You can contact us to schedule a consultation by calling 914-481-8822. Our experienced attorney will provide you with legal guidance and answer any questions you may have regarding the impact of divorce on your immigration process.

  • Adjustment of Status and the K-1 Visa

    When you’re a U.S. citizen who wants to marry someone from another country – whether it’s your country of origin or elsewhere – you may be able to bring your fiancé to the United States on a K-1 visa. The K-1 visa is designed to allow a U.S. citizen and their foreign fiancé to get married in the United States, but there are very strict limitations on it (learn more about the limitations in the later section, “Limitations on the K-1 Fiancé Visa”). After your fiancé arrives and you marry each other, you can adjust your new spouse’s status to get them a green card, which this guide explains.

    What is a K-1 Visa, and Can You Adjust Status to Get a Green Card if You Have One?

    The K-1 visa is a nonimmigrant visa for a foreign fiancé of a U.S. citizen. The visa allows the foreign national to enter the United States for the purpose of getting married to their U.S. Citizen fiancé within 90 days of arrival. After getting married, the U.S. citizen may apply for their spouse to get a green card. A green card is proof that someone’s a lawful permanent resident of the United States, and it enables that person to live and work anywhere in the country without any special authorization from the government.

    Who Qualifies for a K-1 Visa?

    In order for your fiancé to qualify for a K-1 visa, both the U.S. citizen and the foreign fiancé must meet several requirements.

    The U.S. citizen petitioner must:

    • Have been born in the United States or naturalized through the process of becoming a U.S. Citizen
    • Be at least 18 years old
    • Intend to marry their foreign fiancé within 90 days of their arrival in the United States
    • Meet in person with their foreign fiancé at least once within the two years prior to filing the K-1 visa petition
    • Be able to financially support their fiancé during their time in the United States

    The foreign fiancé must:

    • Be legally free to marry, meaning that they’re not currently married and any previous marriages have ended through divorce, annulment, or death
    • Intend to marry their U.S. citizen petitioner within 90 days of arrival in the United States
    • Pass a medical examination conducted by a U.S. government-approved doctor
    • Prove that they have enough financial resources to support themselves during their time in the United States (which may be through their sponsor)

    Your immigration attorney can explain any other requirements either of you must meet.

    Adjustment of Status After a K-1 Visa

    After your foreign fiancé enters the United States on a K-1 visa and you get married, you can apply for a green card through a process known as adjustment of status. Essentially, this process changes the person’s immigration status from a K-1 visa holder to a conditional green card holder. (See the later section, “Why Do K-1 Immigrants Get a Conditional Green Card?” for more information on the conditions associated with lawful permanent residency for newlyweds.)

    To adjust your new spouse’s status, your attorney will file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS. You should include the following supporting documents with your application:

    • Your marriage certificate
    • Proof that you’re a U.S. citizen, such as a copy of your birth certificate or passport
    • Your new spouse’s birth certificate
    • Proof that you remain married, such as joint bank account statements and/or lease agreements
    • Your new spouse’s police clearances from any country they have lived in for more than six months since the age of 16
    • Evidence that you can financially support your new spouse, such as your most recent tax return

    You’ll also need to attend an interview at a USCIS office, during which a USCIS officer will ask you questions about your relationship and marriage. If the officer is satisfied that your marriage is bona fide (legitimate), they’ll approve your application and your spouse will receive their conditional green card in the mail.

    Related: Everything you need to know about green card marriage

    Special Circumstances

    There are a few special circumstances that can complicate the adjustment of status process for K-1 visa holders. These include:

    • Bars to adjustment of status. There are certain circumstances that can prevent someone from adjusting their status; they’re called bars to adjustment. For example, if your spouse previously entered the United States on a visa but overstayed, or if they previously violated U.S. immigration law, you may not be able to adjust their status. (You can check out a list of bars to adjustment here.)
    • Grounds of inadmissibility. There are also certain grounds of inadmissibility that can make someone ineligible for a green card. For example, if your spouse has a communicable disease “of public health significance” or has committed a crime of moral turpitude in the past, they may not be admissible to the U.S. – though some people are eligible for waivers. If your spouse may be ineligible to adjust status, you should talk to your attorney to find out whether you have any options. (A crime of moral turpitude is a crime that’s considered to be morally reprehensible, such as murder, rape or child abuse.)

    Related: Getting a green card with a criminal record

    How Do You Apply for a K-1 Visa to Get the Green Card Process Started?

    The first step in applying for a K-1 visa is for the U.S. citizen sponsor’s attorney to file Form I-129F, Petition for Alien Fiancé with USCIS. This form establishes that the sponsor and beneficiary are free to marry, that they have met in person within the past two years, and that they intend to marry within 90 days of the beneficiary’s arrival in the United States.

    After USCIS approves the petition, it will be forwarded to the National Visa Center (NVC), which will then forward it to the U.S. embassy or consulate where the beneficiary is located. The beneficiary will then need to complete the following steps:

    • Submit a visa application: The first step is to complete and submit a visa application, which can be done online through the State Department’s website.
    • Pay the visa application fee: The second step is to pay the visa application fee.
    • Submit additional documents: The third step is to submit additional documents, which may include evidence of the relationship, police clearances, and financial documents.
    • Attend an interview: The fourth and final step is to attend an immigration interview at the U.S. embassy or consulate. During the interview, a consular officer will ask the beneficiary questions about the information on the application, as well as questions about the beneficiary’s relationship with the U.S. citizen. If they’re satisfied that your relationship is bona fide and that the beneficiary meets all the other requirements, they’ll approve the visa application.

    After you have your K-1 visa, you can travel to the United States. After your arrival, you have 90 days to marry your U.S. citizen sponsor. Once you’re married, you can apply for a green card through the adjustment of status process.

    Can Your Fiancé’s Family Members Come to the U.S. With Them on a K-1 Visa?

    If your fiancé has children, they may be eligible to come to the United States on a K-2 visa. The K-2 visa is for children of K-1 visa holders who are under 21 years of age and unmarried. Older sons and daughters don’t qualify.

    Documents You Need to Apply for a Green Card if You Came to the U.S. on a K-1 Visa

    If you came to the United States on a K-1 visa, you’ll need to submit the following documents when you apply for a green card:

    • Application for Permanent Residence (Form I-485): You need Form I-485, Application to Register Permanent Residence or Adjust Status, which your attorney can do for you.
    • Proof of relationship: You must submit proof of your relationship to your U.S. citizen spouse, which can include photographs, joint bank statements or birth certificates for children you have together. Your New York immigration attorney can give you specific guidance on the types of documentation you may need to provide.
    • Proof of financial support: You’ll most likely need to show that you have enough financial support to live in the United States. This can be done with your sponsor’s bank statements, pay stubs or tax returns.
    Untitled-design-1

    Why Do K-1 Nonimmigrants Get a Conditional Green Card?

    All K-1 visa holders receive a conditional green card, which is valid for two years. The conditions on the green card must be removed within those two years or the card will expire and you’ll be required to leave the United States.

    The purpose of the conditional green card is to ensure that people don’t simply get married to obtain an immigration benefit. The conditions attached to the green card is that you remain married to the same person who made you initially eligible for the green card – and that your marriage is genuine. That means you married because you wanted to be married to each other – not simply so that you could get a green card. (It’s illegal to marry someone simply to receive an immigration benefit, and if you’re caught doing so, you’ll be removed from the U.S. and be forbidden from coming back for a certain period of time.)

    Removing Conditions From a Green Card You Obtained as a K-1 Visa Holder

    To remove the conditions on your green card, you’ll need to file Form I-751, Petition to Remove Conditions on Residence, with USCIS within the 90 days before your green card expires. You cannot remove the conditions before that time.

    You’ll need to submit evidence that you’re still married and living together with your spouse, as well as proof of any joint income or assets, such as joint bank statements or tax returns. You may also need to provide evidence of your good moral character, such as police clearances, and proof that you have not abandoned your residence in the United States.

    Do You Need to Talk to an Immigration Attorney About Adjustment of Status After Having a K-1 Visa?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • What are the requirements for a Green Card?

    If you’re like many people, you’d like to get lawful permanent residency in the United States. Lawful permanent residency enables you to live and work anywhere you wish in the U.S. or its territories. When you’re a lawful permanent resident (LPR), you get a green card; that card is proof of your legal residency in the United States, and it gives you many of the same rights and responsibilities that U.S. citizens have. As a green card holder, you may also later apply for U.S. citizenship if you’d like (though it’s never required; you may remain an LPR for the rest of your life if you want to). But what are the requirements for a green card, and what do you need to do to get one? This guide explains.

    Requirements for a Green Card: What You Need to Know

    The U.S. government requires you to meet certain criteria to get a green card, and the criteria vary based on the reason you qualify for lawful permanent residency status. For example, someone who’s married to a U.S. citizen must meet different requirements than, say, an investor who puts money into a U.S.-based business. The best way to determine what criteria you need to meet is to talk to a New York immigration attorney who understands U.S. immigration law and how it applies in your situation.

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    Who’s Eligible for a Green Card?

    Not everyone is eligible for a green card – and you must be eligible before you may apply. Generally, you may only apply for one of the following:

    • Green card through family
    • Green card through employment
    • Green card as a refugee or asylee
    • Green card as a special immigrant, a human trafficking or crime victim, victim of abuse, or registry
    • Green card through other categories

    Here’s a closer look at each.

    Requirements for a Green Card Through Family

    If you want to get a green card through your family relationships, you must be related to a U.S. citizen or LPR in one of the following ways:

    • You’re the spouse of a U.S. citizen or LPR
    • You’re the child of a U.S. citizen, regardless of your age or marital status
    • You’re an unmarried child of an LPR
    • You’re the parent of a U.S. citizen, if the U.S. citizen is over the age of 21
    • You’re the married child of a U.S. citizen
    • You’re the brother or sister of a U.S. citizen

    Requirements for a Green Card Through Employment

    If you want to get a green card through your employment, you must fall into one of the following categories:

    • You have an offer of permanent employment in the United States
    • You’re an investor or entrepreneur who’s going to create jobs in the United States
    • You have extraordinary ability in the sciences, arts or business
    • You’re a religious worker
    • You’re coming to the United States to perform temporary services or labor, if no qualified U.S. workers are available
    • You’re an Iraqi or Afghan national who assisted the U.S. government
    • You’re a broadcaster for an international organization
    • You have been granted a national interest waiver

    Requirements for a Green Card as a Refugee or Asylee

    If you want to get a green card as a refugee or asylee, you must meet the following criteria:

    • You’re currently residing in the United States after having been granted refugee status or asylum
    • You’re a spouse or unmarried child of a refugee or asylee who’s residing in the United States

    Related: Can an undocumented immigrant get legal status?

    Requirements for a Green Card as a Special Immigrant, Human Trafficking Victim, Crime Victim, Victim of Abuse, or Registry

    If you want to get a green card as a special immigrant, as a victim of crime, human trafficking or abuse, or through registry, you must meet specific criteria. The following sections outline the requirements for each.

    Special Immigrants

    Special immigrants are generally:

    • Religious workers
    • Juveniles who need the protection of a juvenile court due to abuse, abandonment or neglect
    • Afghanistan or Iraq nationals who performed certain roles for the U.S. government during wartime
    • International broadcasters
    • Employees of international organizations or family members of NATO-6 employees

    Victims of Crime, Abuse or Human Trafficking

    You must have a T nonimmigrant visa or U nonimmigrant visa to apply for a green card as a victim of human trafficking or crime. If you’re a victim of abuse, you may be eligible to apply as a:

    • Self-petitioner under the Violence Against Women Act (VAWA), but you do not need to be a woman to apply under this category
    • Special immigrant juvenile who has been abused, abandoned or neglected by a parent and has Special Immigrant Juvenile status
    • A victim of battery or extreme cruelty under the Cuban Adjustment Act or the Haitian Refugee Immigrant Fairness Act (HRIFA)

    Registry

    If you’ve continuously resided in the U.S. since before January 1, 1972, you may be eligible to register for a green card.

    Requirements for a Green Card Through Other Categories

    The following table outlines a variety of categories that may enable you to get a green card.

    ConditionsRequirements
    American Indian born in CanadaBorn in Canada Have at least 50 percent American Indian blood Maintain a principal residence in the United States
    Child of a foreign diplomat who was born in the United StatesBorn in the U.S. to a foreign diplomatic officer who was stationed in the United States at the time of your birth
    Cuban Adjustment ActCuban native citizen or spouse or child of a Cuban native or citizen
    Diversity Immigrant Visa ProgramSelected for a diversity visa by the U.S. Department of State during a diversity visa lottery
    Haitian Refugee Immigrant Fairness Act (HRIFA)Spouse or child of a lawful permanent resident who got a green card based on HRIFA
    Indochinese Parole Adjustment Act of 2000Native or citizen of Vietnam, Kampuchea or Laos who was paroled into the United States on or before October 1, 1997 under the Orderly Departure Program, a refugee camp or a displaced person camp in Thailand under certain circumstances
    Lautenberg paroleeParoled into the U.S. as a Lautenberg parolee
    Liberian Refugee Immigration Fairness (LRIF)Liberian national continuously present in the United States since November 20, 2014 or spouse, child under the age of 21, or unmarried son or daughter over the age of 21 of a qualifying Liberian national
    Section 13Stationed in the U.S. as a foreign diplomat or as another high-ranking official who is unable to return to your home country

    What Requirements Do You Need to Meet if You’re Eligible for a Green Card?

    If you’re eligible for a green card, your application process and the documentation you need depend on your situation. For example, a person who has a U nonimmigrant visa must meet different requirements than a person who married a U.S. citizen does.

    Your attorney will give you specific guidance based on your case, but in general, you must meet the following requirements to get a green card in the United States:

    • Have a sponsor (in most cases)
    • Fill out and file the appropriate forms
    • Be admissible to the United States
    • Go to a biometrics appointment to provide your photo, fingerprints and signature to the U.S. government
    • Participate in an immigration interview

    Sponsorship for a Green Card

    Most people need a sponsor to get a green card. A sponsor is usually a family member or employer who agrees to be financially responsible for you. The sponsor must be a U.S. citizen or have permanent resident status. There are some exceptions, such as if you’re a refugee or asylee, a VAWA self-petitioner or a special immigrant juvenile.

    Your sponsor will need to fill out the appropriate paperwork on your behalf.

    Green Card Forms

    The U.S. government uses several forms to allow people to apply for green cards. The form you need depends on your situation, and your immigration attorney will know which ones to file. Your lawyer will also know what type of supporting documentation you need to provide with your application.

    A Word on Admissibility to the United States

    You must be admissible to the United States in order to get a green card. This means that the U.S. government doesn’t find you to be a threat to national security or to other citizens, and you don’t have any health concerns that could harm other citizens and lawful permanent residents.

    Related: Can you get a green card if you have a criminal record?

    Attending a Biometrics Appointment

    A biometrics appointment is a meeting with the U.S. government where you provide your fingerprints, photo and signature. This information is used to run a background check on you to make sure that you’re eligible for a green card. It’s also kept on file with the U.S. government.

    You’ll receive a notice in the mail telling you when and where to go for your biometrics appointment. This appointment is usually scheduled within a few weeks of filing your green card application.

    Participating in an Immigration Interview

    The final step in getting a green card is attending an interview with U.S. Citizenship and Immigration Services (USCIS). An immigration officer will ask you questions about your application, and you’ll have the opportunity to clarify anything that needs to be cleared up to move your application forward.

    Do You Need to Talk to an Immigration Attorney About the Requirements for a Green Card?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • 11 Documents needed to Apply for a Green Card Through Marriage

    If you’re like many people who want to apply for a green card through marriage, you know that U.S. Citizenship and Immigration Services (USCIS) will require you to provide a lot of documentation to back up your application. Though the information the U.S. government needs is pretty standard, USCIS may ask you for additional documentation, as well. This guide explains the 11 essential documents needed to apply for a green card through marriage, as well as some of the other types of proof you may need to provide USCIS.

    11 Essential Documents Needed to Apply for a Green Card Through Marriage

    Though every case is different (and your New York immigration attorney will give you case-specific guidance for your own petition), you typically need the following documents to apply for a green card through marriage:

    1. Birth certificates
    2. Marriage certificate
    3. Proof of termination of prior marriages
    4. Financial documents
    5. Proof of sponsor’s citizenship or LPR status
    6. Proof of lawful entry to the U.S.
    7. Police clearance certificate
    8. U.S. law enforcement and court records
    9. Military records
    10. Current or expired U.S. visas
    11. Medical examination document

    Here’s a closer look at each. You can also refer to the table in the later section, “A Quick Look at Document Types,” to cross-reference the documentation you need to sponsor your spouse for a green card.

    #1. Birth Certificates

    If you’re applying for a green card for your spouse because you’re a U.S. citizen, you need a copy of your own birth certificate. USCIS needs this to prove that you’re a citizen. If you don’t have a coy of your birth certificate, either because it’s unavailable and you can’t access it, other types of documents will suffice, such as a valid U.S. passport. As a naturalized citizen, your passport – or your naturalization certificate or certificate of citizenship – are also acceptable documents to prove that you’re eligible to sponsor your spouse for a green card.

    If you’re a lawful permanent resident of the United States, you need a copy of your green card or a passport issued in another country (as long as it has a stamp of temporary permanent residence in the United States). You can provide either of these documents to show USCIS your status and that you’re eligible to sponsor your spouse.

    Related: How to get your mom or dad a green card

    #2. Your Marriage Certificate

    USCIS needs to see a copy of the official document that proves you’re married. That’s your marriage certificate. If you were married in the United States, the document is from the state in which you got married. If you were married abroad, supply USCIS with an official copy of the foreign marriage certificate that’s been translated into English.

    If your marriage certificate is in a language other than English, you must include a full English translation along with the original document. The translator must certify that the translation is complete and accurate, as well as include their full name, address, and telephone number. They should also provide you with a statement that says they translated the document and know it to be an accurate translation of the original.

    #3. Proof of Termination of Prior Marriages

    If either of you were married before, you must submit evidence that those prior marriages have ended, whether through divorce, annulment, or death. That’s true for both spouses.

    Related: Bringing a foreign fiancé to the U.S.

    #4. Financial Documents

    You need to show USCIS that you (the sponsoring spouse) have enough income or assets to support your spouse once they become a permanent resident. To do this, submit either your most recent federal tax return or evidence of other sources of financial support, like earnings statements or asset documents. If someone else is going to help support your spouse financially (a joint sponsor), they need to provide similar financial documents.

    Joint sponsors can be friends or family members. Your attorney will give you more guidance on joint sponsorship if it’s necessary in your case.

    #5. Proof of Sponsor’s Citizenship or LPR Status

    The U.S. citizen or lawful permanent resident spouse must provide USCIS with evidence of their status, using one of the following documents:

    • A valid U.S. passport
    • A birth certificate (if born in the United States)
    • A naturalization certificate or certificate of citizenship
    • A permanent resident card (also known as a “green card”)

    If you’re a U.S. citizen, you need to show USCIS your birth certificate or passport. If you’re a lawful permanent resident, provide your green card. If you recently became a naturalized citizen or permanent resident, supply the relevant certificate instead.

    #6. Proof of Lawful Entry to the U.S.

    If your spouse is in the U.S. at the time you apply, you must show USCIS that they entered the United States legally, with a valid visa (if required) or other travel document. The easiest way to do this is to include a copy of the appropriate page from their passport, which shows the date and port of entry into the United States, as well as their visa classification. Other acceptable documents include:

    • A transportation letter
    • Form I-94, Arrival/Departure Record
    • A reentry permit
    • An advance parole document

    If your spouse entered the U.S. without a visa (for example, on a visa waiver program), you must show USCIS other documentation, like a passport stamped with the date and place of entry into the United States.

    Related: What it means to sponsor an immigrant

    #7. Police Clearance Certificate

    Your spouse must provide USCIS with a police clearance certificate from every country they lived in for more than six months since turning 16 years old, even if it was just one day over six months. The police clearance certificate is sometimes called a good conduct or moral character report. It’s basically a document that says your spouse doesn’t have any criminal convictions in the country where they got the certificate.

    Note: If your spouse has ever been arrested, even if they weren’t convicted of anything, they should still include a police clearance certificate from that country in their application packet.

    #8. U.S. Law Enforcement and Court Records

    If your spouse has ever been arrested by any U.S. law enforcement agency, they need to include a certified copy of the arrest record in their application packet, as well as any available court records. This is true even if the charges were later dropped or they were found not guilty. The court records should include the final disposition of the case.

    #9. Military Records

    If the sponsor or the spouse has ever served in any military force (including the Coast Guard, National Guard or a reserve component), USCIS needs copies of their military service records. That’s true whether the military force was in the United States or in another country. Acceptable documents include discharge documents and other service records; just keep in mind that if the records are in a language other than English, you must have them translated and certified.

    #10. Current or Expired U.S. Visas

    If your spouse has ever been to the United States on a nonimmigrant visa, they need to include a copy of that visa in their application packet, even if it’s expired. The same is true for any other U.S. visas they may have had, like a student visa or work visa.

    Related: How to remove conditions from your green card

    #11. Medical Examination Document

    The foreign spouse typically needs a medical examination as part of the green card application process. You can bring Form I-693, Report of Medical Examination and Vaccination Record, to a physician who’s authorized to perform these exams. (Check out USCIS’s list of authorized doctors here.)

    Other Documents You May Need to Prove a Bona Fide Marriage

    In addition to the documents listed above, your attorney may advise you to provide USCIS with additional evidence that your marriage is bona fide. This could include things like:

    • Evidence of joint ownership of property
    • Birth certificates of children born to you and your spouse
    • Lease or mortgage agreements in both of your names
    • Financial records showing joint ownership of bank accounts, credit cards, etc.
    • Insurance policies naming your spouse as a beneficiary

    Remember, USCIS may ask for additional evidence at any time during the application process. If you’re ever unsure about what to include in your application packet, it’s always best to discuss your situation with your immigration attorney. She’ll give you the guidance you need to file your petition and get the best possible outcome.

    Related: Is it possible for undocumented immigrants to get legal status in the U.S.?

    A Quick Look at Document Types

    Document Type When it’s Required Examples
    Proof of U.S. citizenship When the sponsoring spouse is a U.S. citizen U.S. birth certificate Naturalization certificate Certificate of citizenship Valid U.S. passport Report of birth abroad
    Proof of lawful permanent resident (LPR) status When the sponsoring spouse is a permanent resident with a green card Green card Passport issued in another country, if it has a stamp denoting temporary permanent residence in the United States
    Proof of marriage When you submit any application for a green card through marriage Marriage certificate Joint financial documents
    Proof of change in prior marital status When either party was previously divorced or had a marriage annulled, or when a former spouse died Divorce papers Death certificate of former spouse Certificate of annulment The equivalent of any of these documents from the party’s home country
    Proof of the foreign spouse’s nationality When you submit any application for a green card through marriage Birth certificate Passport
    Proof of lawful entry to the U.S. When the foreign spouse is located in the United States at the time of application U.S. visa I094 travel record
    Law enforcement and judicial records When the foreign spouse or sponsoring spouse has had interactions with the legal system or U.S. immigration in the past; note that you always need a police clearance certificate or equivalent document for the foreign spouse Court records Police records Prison records Deportation documents A police clearance certificate
    Proof of military service When one spouse served in the military, regardless of country DD-214 or equivalent discharge document, such as NGB-22 (if the servicemember has been discharged from the U.S. military) Current military service records from the servicemember’s Official Military Personnel File (OMPF) if the servicemember is still serving in the U.S. military Other military service records that establish service Military service records from a country other than the U.S.
    Proof of financial ability to support a spouse When you apply for a green card through marriage The U.S. citizen’s or lawful permanent resident’s most recent federal income tax return; you may wish to supply the past three years’ tax returns, pay stubs from the past six months, and a letter from your employer verifying your employment Ownership documents for stocks, bonds or other investments Bank statements The title to your home Documents that prove you have other assets

    Do You Need to Talk to an Immigration Attorney About Applying for a Green Card Through Marriage?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • The Ultimate Green Card Checklist

    When you apply for a green card in the United States, you need several documents that prove you’re eligible for permanent residency. Your attorney will go through your documents and send them to U.S. Citizenship and Immigration Services (USCIS) with your petition. But what documents do you need? This guide contains a green card checklist you can use to make sure you have all the supporting documentation USCIS needs to review and approve your petition.

    The Ultimate Green Card Checklist

    The reason you’re eligible for a green card (such as whether you’re an immigrant investor or you’ve married a U.S. citizen or lawful permanent resident) will determine the documents you need to provide with your petition. There are different forms for different situations, but the most common are:

    • Form I-130 for family immigration
    • Form I-140 for alien workers
    • Form I-360 for Amerasians, widowers and special immigrants
    • Form I-526 for alien entrepreneurs
    • Form I-589 for people in removal proceedings
    • Form I-730 for refugees and asylees
    • Form I-918 for people with U nonimmigrant status

    The following sections give you a green card checklist for each petition type.

    Green Card Checklist for Form I-130

    If you’re a U.S. citizen or lawful permanent resident (green card-holder) petitioning on a family member’s behalf, these are the documents you need to provide USCIS:

    • Evidence of your citizenship (such as a copy of your birth certificate, your naturalization or citizenship certificate, or your unexpired U.S. passport)
    • Evidence of your relationship with your family member (such as a birth certificate or marriage document)
    • Evidence of a bona fide marriage (if you’re applying for a green card for your spouse)

    Related: How to help your parents get green cards in the U.S.

    A Note on Marriage Green Cards

    You’ll likely need to provide a significant amount of evidence that you’re in a genuine marriage – that is, you didn’t simply marry your spouse so they could receive an immigration benefit. Your New York immigration attorney will give you more specific guidance, but generally, USCIS likes to see evidence such as:

    • Joint ownership of property
    • Bank accounts in both your names
    • Leases or mortgage documents in both your names
    • Birth certificates for any children you have together
    • Evidence that you and your spouse have traveled together (plane tickets, hotel receipts and other documentation)

    Green Card Checklist for Form I-140

    If you’re an employer petitioning on behalf of an alien worker, you need to provide USCIS with:

    • A copy of the alien worker’s passport
    • A copy of the alien worker’s birth certificate
    • A copy of the alien worker’s resume or curriculum vitae
    • Evidence of the alien worker’s education and qualifications (such as diplomas, transcripts, licenses or certification)
    • Evidence of the alien worker’s past work experience (such as performance evaluations, letters from previous employers or pay stubs)
    • A copy of the alien worker’s Form I-94, if available
    • A copy of the alien worker’s visa, if available

    Related: What it means to sponsor someone for a green card

    Green Card Checklist for Form I-360

    If you’re an Amerasian, a widow(er), or a special immigrant petitioning for your own green card, you need to provide USCIS with:

    • A copy of your passport
    • A copy of your birth certificate
    • A copy of your marriage certificate, if applicable
    • A copy of your divorce decree or your spouse’s death certificate, if applicable
    • Evidence of your military service, if applicable
    • Evidence of your employment, if applicable

    Green Card Checklist for Form I-526

    If you’re an alien entrepreneur investing in a new commercial enterprise in the United States, you may petition for your own green card using Form I-526. In that case, you need to provide USCIS with:

    • A copy of your passport
    • A copy of your birth certificate
    • A copy of your resume or curriculum vitae
    • Evidence of your education and qualifications (such as diplomas, transcripts, licenses or certification)
    • A business plan for the new enterprise
    • Evidence of your financial backing for the new enterprise (such as bank statements or investment documentation)

    Green Card Checklist for Form I-589

    If you’re in removal proceedings, your attorney may suggest that you apply for asylum or withholding of removal. In a situation like this, your attorney will give you a specific list of documents to provide; in general, you need to provide USCIS with:

    • A copy of your passport
    • A copy of your birth certificate
    • A copy of your marriage certificate, if applicable
    • A copy of your divorce decree or your spouse’s death certificate, if applicable
    • Evidence of any persecution you have suffered in the past (such as police reports, medical records or news articles)
    • Evidence of any fear of persecution you have in the future (such as expert opinions or letters from friends and family)

    Related: Asylum and other immigration removal defense strategies

    Green Card Checklist for Form I-918

    If you have been granted U nonimmigrant status, you may be eligible to adjust your status to that of a permanent resident. To do so, you need to provide USCIS with:

    • A copy of your passport
    • A copy of your birth certificate
    • A copy of your Form I-94
    • A copy of your Form I-797, Notice of Action
    • Evidence of your continued presence in the United States (such as pay stubs, school records or utility bills)
    • Evidence of your good moral character (such as letters from friends, family or community leaders)

    Note that these are not exhaustive lists of all the documents you may need to provide. Make sure to consult with an immigration attorney to see what other documents may be required in your specific case.

    What Happens if You Don’t Include Enough Evidence With Your Green Card Petition?

    If you don’t include enough evidence with your green card petition, USCIS may deny your application outright. In other cases, USCIS may issue what’s called a request for evidence (RFE). An RFE is a formal request from USCIS asking you to provide additional information or documentation to support your case.

    It’s important to respond to an RFE promptly and completely; if you don’t, USCIS may deny your application. If you’re unsure of how to respond to an RFE, or if you have any other questions about the green card process, your immigration attorney will be there to help you. In fact, your lawyer will be the one who formally responds to your RFE on your behalf; it’s just up to you to find and provide the appropriate documentation.

    How Long Does it Take to Get a Green Card?

    The time it takes to get a green card varies depending on the specific category you fall into and whether you provide all the documentation USCIS needs on the first try. For example, if you’re petitioning for a family member, the process may take anywhere from several months to several years. If you’re an entrepreneur investing in a new commercial enterprise, the process may take a few months to a year. And if you’re in removal proceedings, the timeline is generally very fluid; it may happen quickly, or it may not.

    It’s important to keep in mind that these timelines are just estimates; your specific case may take longer or shorter depending on a number of factors. For example, if you have a criminal history or if you’re from a country with a high rate of visa overstays, your case may take longer to adjudicate. The best way to get an accurate timeline for your specific case is to consult with an experienced immigration attorney. Your lawyer will be able to give you a more accurate estimate based on the specifics of your situation. You and your attorney can check the status of your case on the USCIS website.

    Related: Step-by-step instructions for removing conditions on your green card

    What Are the Benefits of Applying for a Green Card?

    Although it seems like a lengthy process – and although you must provide a significant amount of documentation to USCIS when you apply – many people find that the benefits of getting a green card are worth it. For one, a green card gives you the ability to live and work permanently in the United States. You’ll also have access to government benefits, such as Social Security and Medicare, and you’ll be able to apply for U.S. citizenship after five years (or three years if you’re married to a U.S. citizen).

    In addition, as a green card holder, you’ll be able to travel freely in and out of the United States. You won’t need to get a visa every time you want to visit; instead, you’ll be able to use your green card as proof of your status.

    All in all, although the process of applying for a green card can be long and complicated, many people find that the benefits are well worth the effort. If you’re thinking about applying for a green card, your immigration attorney will help you through the process.

    Do You Need to Talk to an Immigration Attorney About Your Own Green Card Checklist?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • 10 Common Reasons for Green Card denial in the U.S.

    The U.S. government receives tens of thousands of green card petitions every year, and it doesn’t approve them all. In fact, U.S. Citizenship and Immigration Services (USCIS) denies a significant number of green card petitions. There are several reasons USCIS denies green cards, ranging from errors in paperwork to applicants’ criminal histories. This guide explains the ten most common reasons for green card denial in the U.S., as well as what you can do if the government turns down your green card application.

    The 10 Most Common Reasons for Green Card Denial in the U.S.

    Although USCIS may deny a green card petition for any number of reasons, the most common include:

    1. Failure to meet application requirements
    2. Criminal history
    3. Health issues
    4. Security concerns
    5. Missed immigration appointments
    6. Denial of your visa petition
    7. Past violations of immigration law
    8. Errors in paperwork
    9. Failure to respond to an RFE in time
    10. The conditions that made you eligible for a green card no longer exist

    The following sections give you a closer look at each.

    Reason #1 for Green Card Denial: Failure to Meet Application Requirements

    When you apply for a green card, you must meet application requirements. Sometimes, the requirements vary based on the reason you’re eligible for a green card. For example, if you’re eligible for a green card because you’re an immigrant investor participating in the EB-5 program, you must show that you have enough capital to invest in a U.S.-based business; if you’re eligible for a green card because you’re married to a U.S. citizen, you’re required to submit proof of your qualifying relationship with your application. If you fail to provide the documents you need to prove that you meet application requirements, USCIS will deny your green card application.

    Your immigration attorney can help ensure that you meet application requirements before submitting a green card petition on your behalf. There’s no use applying if you don’t meet the requirements, so your lawyer will double-check the requirements for your situation; if you don’t meet them, you can discuss your options.

    Reason #2 for Green Card Denial: Criminal History

    If you have a criminal history, USCIS will carefully review your green card application to determine whether you’re eligible. Your eligibility depends on the severity and nature of your past offenses. For example, if you have been convicted of a “crime of moral turpitude” or an aggravated felony, you may be ineligible for a green card and USCIS will generally deny your petition. But don’t lose heart just yet: You may be able to overcome ineligibility for a green card due to your criminal history by applying for a waiver. Though waivers aren’t available in every situation, your immigration attorney will determine whether one may be available to you. If you’re eligible for a waiver, your lawyer will talk to you about how you can use it to submit a new green card petition.

    Related: Can you get a green card with a criminal record?

    Reason #3 for Green Card Denial: Health Issues

    If you have certain health conditions, USCIS may deny your green card application. The conditions that would lead to a green card denial vary depending on the program under which you’re applying, but they generally fall into two categories: communicable diseases and mental health conditions. If USCIS believes that you have a communicable disease that could endanger public health, it may deny your application. The same is true if you have a mental health condition that USCIS believes makes you ineligible for a green card. (These conditions typically include disorders that create behavior that’s harmful to other people’s safety or public welfare.)

    Reason #4 for Green Card Denial: Security Concerns

    USCIS may also deny your green card application if it believes you pose a risk to national security. These concerns typically arise when an applicant has ties to terrorist organizations or other groups that USCIS considers a threat to national security. But even if you don’t have ties to such groups, USCIS may still deny your green card application if it believes that you pose a danger to the community. If you have a history of engaging in espionage, sabotage, coups or something similar, or if you’ve been convicted of violating certain U.S. laws related to trade, technology or other crimes, you may be in line for a green card denial.

    Related: Everything you need to know about the U.S. citizenship test

    Reason #5 for Green Card Denial: Missed Immigration Appointments

    When you apply for a green card, you need to attend several appointments with USCIS. These appointments include an interview, a medical examination and possibly biometrics (such as fingerprints and photographs). If you fail to show up for any of these appointments, USCIS may deny your application. The agency can’t process your green card without sufficient information, which it generally gathers through these appointments. If you don’t show up and don’t reschedule, USCIS will reject your green card petition.

    Reason #6 for Green Card Denial: Denial of Your Visa Petition

    USCIS will deny your green card application if it denies the visa petition that you submitted along with it. For example, if you’re applying for a green card as an employment-based immigrant, USCIS will need to approve both your I-140 visa petition (submitted by your employer) and your I-485 green card application. If USCIS denies the visa that would have made you eligible for a green card, it will deny your green card application.

    Related: Removal defense strategies attorneys can use in deportation cases

    Reason #7 for Green Card Denial: Past Violations of Immigration Law

    If you’ve violated U.S. immigration law in the past, USCIS may deny your green card application. Violations may include things like overstaying a visa, working without authorization or being deported from the United States. If you have any past violations on your record, speak to an experienced immigration attorney before you apply for a green card. Your lawyer can help you understand whether your past actions will lead to a green card denial; if things don’t look like they’ll work out in your favor, your attorney can help you plan your next steps. You may be eligible for a waiver or some other form of relief, or you may need to wait to apply for your green card.

    Reason #8 for Green Card Denial: Errors in Paperwork

    USCIS denies many green card applications because of errors in the paperwork. This can include things like incorrect dates, misspellings, missing signatures and discrepancies between documents. If USCIS finds even a small error in your paperwork, it may deny your application and ask you to resubmit it with the correct information. That’s why it’s so important to have an experienced immigration attorney prepare your green card application for you. An attorney can make sure everything is in order before USCIS even gets eyes on your petition.

    Related: How to help your parents get green cards

    Reason #9 for Green Card Denial: Failure to Respond to an RFE in Time

    If USCIS needs more information from you during the green card application process, it will send you a request for evidence (RFE). An RFE is a formal notice that asks you to provide additional documentation or information so that USCIS can make a decision on your application. You have a specific amount of time to respond to the RFE; if you don’t, USCIS will deny your green card petition because you failed to provide the information the agency needs. And just so you know: It’s often okay to ask for an extension if you need more time on an RFE. Your attorney can coordinate with USCIS to ensure that the agency gets the information it needs, even if you can’t gather the info immediately.

    Reason_10_for_Green_Card_Denial_-_Conditions_That_Made_You_Eligible_for_a_Green_Card_No_Longer_Exist (1)

    Reason #10 for Green Card Denial: The Conditions That Made You Eligible for a Green Card No Longer Exist

    There are many ways a person can qualify for a green card. For example, you might be eligible for a green card through your family, your job or your refugee status. But in some cases, the conditions that made you eligible for a green card in the first place can change. If that happens, USCIS may deny your green card application. For example, if you apply for a green card based on your marriage to a U.S. citizen but you divorce your spouse, USCIS may deny your green card application because you are no longer married to a U.S. citizen. (However, in some cases, you may still be eligible to apply for a green card – even if the original conditions that made you eligible for a green card no longer exist. You should talk to an immigration attorney if you’re in a situation like this.)

    What Happens if You Receive a Green Card Denial?

    If USCIS denies your green card petition, you will receive a written notice that explains the reason for the denial. The notice will also tell you what you can do if you disagree with the decision. In some cases, you may be able to appeal the denial or submit a new application.

    You may need to leave the U.S. if USCIS denies your green card petition. Because you could be subject to removal proceedings, it’s probably in your best interest to talk to an attorney after a green card denial – especially if you wish to remain in the United States.

    Do You Need to Talk to an Immigration Attorney About a Green Card Denial?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • Employment Authorization: Which Immigrants can work in the United States?

    If you’re like many immigrants who aren’t coming to the U.S. for the sole purpose of working, you’re wondering whether you can find a job in the United States. There’s no one-size-fits-all answer to that question; some immigrants are eligible to work, and some aren’t. It depends on the type of visa you have, as well as a few other factors. This guide explains employment authorization, including which immigrants are allowed to work in the U.S., and how to get an employment authorization document (EAD) from the U.S. government.

    What is an Employment Authorization Document?

    An employment authorization document is a document that proves that you’re allowed to work in the United States. All U.S. employers are required to ensure that their employees (including U.S. citizens) are authorized to work in the United States. If you’re an immigrant, there’s a good chance that you’ll need an EAD to be able to get a job and work. That’s because many visas don’t automatically allow someone to get a job here; they’re for other purposes, such as school, tourism or exchange programs. (Note that some people, such as those who are in the U.S. on work visas, don’t need EADs; their visas already permit them to work.)

    If you have an EAD, your employer can hire you without violating any laws. You won’t be violating any laws, either. If you work in the U.S. without authorization, you could find yourself in serious hot water with U.S. Citizenship and Immigration Services (USCIS). You may even be removed from the country and barred from coming back – so in all cases, if you want to work, you should get an employment authorization document from the U.S. government.

    Related: Removal defense strategies your attorney can use to keep you in the U.S.

    Who Needs an EAD?

    The simple answer is that anyone who wants to work in the United States and who isn’t automatically authorized to work here needs an EAD. That includes people with tourist visas, student visas, exchange visitor visas and other types of nonimmigrant (temporary) visas. If you want to work while you’re in the United States on one of these visas, you’ll need to get an EAD.

    However, not everyone who wants to work in the United States needs an EAD. These people are already authorized to work in the United States and don’t need an EAD:

    • Green card holders (permanent residents)
    • Refugees and asylees (but only after you’ve been granted refugee or asylee status – not before)
    • Certain nonimmigrant visa holders, such as H-1B, L-1 and E-3 visa holders

    If you’re in one of these statuses, you don’t need an EAD to work in the United States.

    Related: Can you help your parents get U.S. green cards?

    Employment Authorization Document Eligibility

    The process for getting an employment authorization document is different for everyone. That’s because the eligibility requirements for an EAD vary depending on your specific situation.

    Generally speaking, to be eligible for an EAD, you must:

    • Be in a lawful immigration status
    • Have a reason to apply for an EAD (such as wanting to work)
    • Meet the specific requirements for your category
    • There are many different categories of immigrants who can apply for an EAD, including:
    • F-1 students seeking Optional Practical Training (OPT)
    • H-4 spouses of H-1B visa holders
    • J-2 spouses or children of J-1 visa holders
    • L-2 spouses or children of L-1 visa holders
    • People with asylum and refugee status
    • People with U nonimmigrant status
    • Victims of human trafficking (T nonimmigrants)
    • Battered spouses, children and parents (VAWA self-petitioners)
    • Certain people who have temporary protected (TPS) status

    To learn more about the specific requirements for each category, talk to your immigration attorney. She can explain the requirements you must meet and tell you exactly how you need to proceed. Remember: You can’t work in the U.S., even if you’re eligible to apply for an EAD, until you have officially received an employment authorization from the U.S. government.

    Related: Immigration fraud and willful misrepresentation

    Green Card Holders Don’t Need Employment Authorization

    If you have a green card, you don’t need an EAD to work in the United States. That’s because green card holders are already authorized to work here. You can start working as soon as you receive your green card – you don’t need to wait for USCIS to give you permission.

    However, even if you don’t need an EAD, you may still find that there are some benefits to getting one. For example, an EAD can make it easier for your employer to verify that you’re authorized to work in the United States. And if you ever want to travel outside the United States and come back, an EAD can make reentry easier and faster.

    How Do You Apply for an Employment Authorization?

    If you’re eligible for an employment authorization document, you must apply using USCIS Form I-765. This is the only form that USCIS will accept; the agency won’t process your application without it. Your attorney can submit Form I-765 online or by mail, as well as keep tabs on your application status for you.

    Required Documentation for an EAD

    When you apply for an EAD, you’ll need to submit several documents along with your application. The specific documents you’ll need depend on your situation, but they may include:

    • Proof that you’re in a lawful immigration status
    • Proof that you’re eligible for an EAD (such as evidence that you have applied for asylum or have eligibility based on the type of visa you have)
    • Proof of your identity
    • Two passport-style photos
    • The filing fee for Form I-765 (unless you’re eligible for a fee waiver)
    Common_Questions_About_Employment_Authorization_Documents_in_the_United_States

    Common Questions About EADs

    Check out the following sections to get answers to common questions about employment authorization documents. If you don’t see your question here, or if you’re unclear on the answer, please feel free to call our office at 914-481-8822 to schedule a consultation with an immigration attorney. We can give you the legal advice you need on work authorization.

    Can You Work While You’re Waiting for Your Green Card?

    If you’re waiting for a green card, you might be able to get an EAD that will allow you to work in the United States. In order to qualify, you must meet certain requirements and follow the proper procedures. An immigration attorney can help you determine if you’re eligible for an EAD and guide you through the application process.

    Related: How to remove conditions from your green card

    Is an EAD the Same Thing as a Green Card?

    An employment authorization document is not the same thing as a green card. A green card gives you permanent residence in the United States (and allows you to live and work wherever you want), while an EAD allows you to work here for a limited time. You might be able to get an EAD while you’re waiting for your green card, but you can’t use an EAD to permanently live and work in the United States.

    Can You Renew an EAD?

    In most cases, you can renew your EAD if it’s about to expire and you’re still eligible to work in the United States. The renewal process is similar to the initial application process; your attorney will need to fill out the appropriate form and provide USCIS with the required documentation.

    How Do You Replace an EAD?

    If your EAD is lost, stolen or damaged, you can replace it by submitting a new Form I-765 with the required documentation. USCIS recommends that you include a copy of your lost or stolen EAD, if possible. You should also explain what happened to your original EAD and why you’re requesting a replacement.

    Related: Sponsoring someone for a green card

    How Long Does it Take to Get an Employment Authorization Document?

    The amount of time it takes USCIS to process your application for an EAD depends on a number of factors, including the type of visa you have and the current workload at USCIS. The processing time can range from a few weeks to several months. An experienced immigration attorney can help you track the status of your application and ensure that it’s processed in a timely manner.

    Is an I-94 an Employment Authorization Document?

    An I-94 is not an employment authorization document. An I-94 is an arrival and departure document that’s issued to certain immigrants when they enter the United States. It shows how long they’re allowed to stay in the country. Some people confuse the I-94 with an EAD, but they’re two different documents that serve different purposes.

    What is a Derived Visa, and Can I Use it to Get an EAD?

    A derived visa is a visa that’s based on your relationship to someone else who has a visa. For example, if your spouse has a work visa, you might be able to get a derived visa that allows you to work in the United States; likewise, if you marry a citizen or lawful permanent resident, your visa may allow you to apply for an EAD. Not all visas are derivative, and not all people who have derived visas are eligible for an EAD. An immigration attorney can help you determine if you’re eligible for a derived visa and an EAD.

    Related: How to bring a foreign fiancé to the U.S.

    Can I Stay in the U.S. if I Have an EAD?

    An EAD does not give you the right to live in the United States. It only allows you to work here for a certain period of time. If you want to live in the United States permanently, you’ll need to get a green card.

    Do You Need to Talk to an Immigration Attorney About Employment Authorization in the United States?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • Getting Asylum in the United States

    If you’re considering applying for asylum in the United States, you’re not alone. Tens of thousands of people ask for asylum – that is, safe refuge – in the U.S. every year, and though not all are approved, many are. However, applying for asylum in the U.S. isn’t as easy as it may seem; you must meet certain criteria to qualify. Many people choose to work with a U.S. asylum attorney throughout the process, which this guide explains.

    What is Asylum in the United States?

    Asylum is a form of protection that the U.S. government may grant to people who have been persecuted or have a well-founded fear of persecution on account of their race, religion, nationality, political opinion, or membership in a particular social group. If the U.S. grants you asylum, you’re allowed to stay in the U.S., get a job or go to school, and even apply for permanent residency. If you get permanent residency in the U.S. through asylum, you can later apply for citizenship if you wish.

    Who Qualifies for Asylum?

    There are two ways to qualify for asylum: through the affirmative asylum process or the defensive asylum process.

    Affirmative Asylum

    The affirmative asylum process occurs when you apply for asylum after you arrive in the United States. You have up to a year from your arrival to apply, whether you entered the U.S. lawfully or unlawfully.

    Defensive Asylum

    The defensive asylum process occurs when you apply for asylum as a defense against being removed from the United States. This can happen if, for example, you’re placed in removal proceedings after being arrested by U.S. Immigration and Customs Enforcement (ICE).

    You only qualify for asylum if you have been persecuted in your home country or if you have a credible fear of persecution for one of five reasons, which the following section explains.

    Related: How to help your parents get U.S. green cards

    The 5 Grounds for Asylum

    In order to get asylum in the United States, you must prove that you’re unable or unwilling to return to your country of origin because you have a well-founded fear of persecution on account of one of the following five grounds:

    1. Race
    2. Religion
    3. Nationality
    4. Political opinion
    5. Membership in a particular social group

    Of these five grounds, political opinion and membership in a particular social group are the most common.

    Race

    If you’re applying for asylum based on race, you must show that you have been persecuted or have a well-founded fear of persecution because of your racial identity. For example, if you’re black and have been harassed, imprisoned, or tortured by the government or by a group that the government can’t or won’t control, you may be eligible for asylum.

    Religion

    If you’re applying for asylum based on religion, you must show that you have been persecuted or have a well-founded fear of persecution because of your religious beliefs. For example, if you’re part of a religious minority in your home country and have been harassed, imprisoned, or tortured by the government or by a group that the government can’t or won’t control, you may be eligible for asylum.

    Nationality

    If you’re applying for asylum based on nationality, you must show that you have been persecuted or have a well-founded fear of persecution because of your national origin. For example, if people of your nationality are routinely persecuted in your home country (or if you have already been persecuted for the same), you may be eligible for asylum in the United States.

    Related: Sponsoring someone for a green card

    Political Opinion

    If you’re applying for asylum based on political opinion, you must show that you have been persecuted or have a well-founded fear of persecution because of your political beliefs. For example, if you’re an outspoken critic of the government in your home country and have been harassed, imprisoned, or tortured by the government or by a group that the government can’t control (or refuses to control), you may be eligible for asylum.

    Membership in a Particular Social Group

    If you’re applying for asylum based on membership in a particular social group, you must show that you have been persecuted or have a well-founded fear of persecution because of your membership in that group. For example, if you’re a woman who has been persecuted by the government or by a group that the government can’t or won’t control because of your gender, you may be eligible for asylum.

    What_is_Persecution_for_Asylum_in_the_United_States_-_NY_Asylum_Lawyers

    What is Persecution?

    Persecution is defined as any form of punishment or restraint that’s inflicted on someone because of their race, religion, nationality, political opinion, or membership in a particular social group. Persecution can take many different forms, including (but not limited to) physical or mental abuse, imprisonment, torture and death.

    Under USCIS guidelines, the general elements of persecution include:

    • Severity of harm. You must show USCIS that the harm you experienced or that you fear is sufficiently serious. For example, a fear of having your home tagged with graffiti probably isn’t sufficiently serious – but a fear of having your home destroyed due to your race, religion, nationality, political opinion or membership in a certain group may be serious enough to warrant asylum.
    • Motivation. You must show that a group (such as a guerilla group or your country’s government) is seeking to harm you or will seek to harm you based on your race, religion, nationality, political opinion or membership in a certain group. Often, you can accomplish this by showing that you or others have suffered similar persecution for these reasons in the past.
    • Persecutor. You must show that the group or entity that harmed you in the past (or that poses a threat to you now) is a part of your country’s government or an entity that your government is unable or unwilling to control.
    • Location. You may only ask for asylum if you suffered harm (or fear that you will suffer harm) in your home country. If you suffered harm in a third country, it’s usually not enough to prove that you need asylum unless you can establish a connection between your persecutor and your home country. If you’re stateless – that is, you don’t have a country of origin – you may be able to use the country of your last habitual residence.

    Can Persecution Come From Sources Other Than Your Government?

    Persecution can come from your government or from groups that your government is unable or unwilling to control. For example, if you’re a member of a particular social group that’s persecuted by a guerilla group in your home country, you may be eligible for asylum even though the government isn’t directly persecuting you.

    Related: How to remove conditions from your green card

    How Do You Prove a Credible or Well-Founded Fear of Persecution?

    If you’re applying for asylum, you must show that you have a well-founded fear of persecution based on your race, religion, nationality, political opinion, or membership in a particular social group. A well-founded fear is defined as a fear that’s based on reality and that you have good reason to believe will happen.

    To prove a well-founded fear, you’ll need to show USCIS:

    • The persecution you experienced in the past was based on one of the five grounds for asylum (race, religion, nationality, political opinion or membership in a particular social group)
    • The persecutor in your home country is a part of your government or an entity that your government can’t or won’t control
    • You’ll be persecuted if you return to your home country
    • You have a genuine fear of persecution – that is, you’re not just making up a story to get asylum

    Note: If you’re claiming persecution based on membership in a particular social group, you’ll need to show that the group is defined by immutable characteristics (such as gender, sexual orientation or membership in an ethnic minority) and that you can’t get protection from your government.

    How to Apply for Asylum

    If you want to apply for asylum, your attorney will file a Form I-589 with USCIS. The form asks for basic information about you and the grounds on which you’re seeking asylum. You’ll also need to submit evidence to support your claim, such as:

    • Statements from witnesses
    • Medical reports
    • Documents from human rights organizations
    • News articles
    • Police reports

    If USCIS determines that you have a credible fear of persecution, it may choose to grant you asylum.

    Related: Can undocumented immigrants get legal status in the United States?

    What if You’re Applying for Asylum During Removal Proceedings?

    If you’re in removal proceedings, you may still apply for asylum. You’ll need to file a Form I-589, but you’ll also need to request that the immigration judge assigned to your case consider your application for asylum. Not everyone is eligible for asylum in removal proceedings, but don’t worry; your attorney may have a better way than asylum to defend you against deportation.

    Common Questions About Asylum in the U.S.

    Check out these common questions about asylum in the United States. If you don’t see the answer to your question here, please call our office at 914-481-8822 to schedule a consultation with an experienced asylum attorney in New York.

    How is Asylum Different From Refugee Status?

    Asylum and refugee status are both based on the fear of persecution, but there are some key differences between the two. Refugee status is granted to people who are outside of the United States, while asylum can be granted to people who are already in the U.S. or who are seeking entry at a port of entry.

    Can You Work if You’re an Asylee in the United States?

    If you’re granted asylum, you may be eligible to work in the United States. To get a work permit, you’ll need to file a Form I-765 with USCIS. The form asks for basic information about you and your asylum claim, and you’ll also need to submit evidence that you meet the requirements for a work permit.

    Related: Everything you need to know before you take the U.S. citizenship test

    What Happens if Conditions Improve in Your Country After You Apply for or Get Asylum?

    If conditions in your home country improve, you may still be eligible for asylum. The law recognizes that conditions can change quickly, and that people who are persecuted in their home countries may not have the time or ability to get out before conditions get better. Of course, if you’re no longer facing persecution in your home country, you may not be eligible for asylum.

    What Happens if You’re Denied Asylum?

    If you’re denied asylum, you may be able to appeal the decision or apply for a different type of relief. Your attorney can help you understand your options and choose the best course of action for your case.

    Do You Need to Talk to an Immigration Attorney About Asylum in the United States?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.