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Category: Family Immigration

  • What Happens During a Marriage Green Card Interview?

    If you marry a U.S. citizen or lawful permanent resident, you become eligible for a marriage-based green card. Your green card is proof that you’re eligible to live and work anywhere you’d like in the United States. However, the U.S. government won’t automatically grant you lawful permanent residency; you have to apply for it. Part of applying for your own marriage-based green card is participating in a green card interview, which this guide explains.

    What is a Marriage-Based Green Card?

    A marriage-based green card is an authorization that enables you to live and work anywhere in the United States, and you’re eligible to apply for one if you marry a U.S. citizen or lawful permanent resident. This type of green card comes with conditions attached (it’s called a conditional green card), and it’s valid for only two years. You must petition the U.S. government to remove the conditions before your conditional green card expires; if the government removes the conditions, you get a permanent green card that doesn’t expire for ten years.

    Note: Keeping your green card is usually conditional on remaining married to the same person for at least two years. However, you may be eligible to remove conditions if you’re no longer married – but only under certain circumstances.

    You must participate in a marriage green card interview to get conditional residence (and your conditional green card) in the United States.

    The Marriage Green Card Interview: What to Expect

    You’ll be interviewed by a USCIS official or consular officer who will attempt to determine whether your marriage is genuine or you married each other so that one of you could obtain an immigration benefit. Your interviewer will ask you several questions to gauge the state of your marriage; these questions are designed so that people who are in a genuine marriage will be able to answer them accurately, but those who are married only for an immigration benefit will likely stumble. (See the later section, “Types of Questions You May Be Asked During Your Marriage Green Card Interview,” for more information on what the official may ask you and your spouse.)

    Who Conducts the Marriage Green Card Interview?

    The marriage green card interview is conducted by a U.S. Citizenship and Immigration Services (USCIS) official or a consular officer from the U.S. Department of State – depending on whether you live in the United States or abroad when you apply for your marriage-based green card.

    If you live in the United States when you apply, your marriage green card interview will likely take place at a USCIS field office near you. If you live outside of the United States when you apply for your marriage-based green card, your marriage green card interview will take place at a U.S. consulate or embassy in your home country.

    Related: What does it mean to sponsor someone for a green card?

    Interviewing With Your Spouse

    If you and your spouse live together in the United States, you’ll attend your marriage green card interview together. If your spouse lives in the U.S. and you still live abroad, you’ll attend your interview alone, without your spouse.

    When you and your spouse interview together, the USCIS immigration official interviewing you will ask you and your spouse many of the same questions. In some cases, the USCIS official will ask each of you different questions to gauge whether or not you know each other well enough to be in a genuine marriage.

    The marriage green card interview is not a pass-or-fail test; instead, it’s an opportunity for the USCIS official conducting the interview to get to determine whether you and your spouse are engaged in marriage-based immigration fraud.

    You can help yourself by preparing for the interview as much as possible (see the later section, “How to Prepare for Your Marriage Green Card Interview,” for more information).

    The marriage green card interview is usually the last step in the marriage-based green card process. After the interview, if the USCIS official is satisfied that your marriage is genuine, you’ll be granted a conditional green card. If the official isn’t satisfied that your marriage is genuine, your application will likely be denied and you may face removal proceedings (deportation).

    Related: How to bring your foreign fiancé to the United States

    What Happens if the Interviewing Officer Thinks You’re Lying?

    If the USCIS official or consular officer who is interviewing you believes that you or your spouse are not telling the truth – for example, if it seems like you don’t know each other well enough to be in a genuine marriage – you and your spouse may be separated and asked more questions individually. Sometimes couples are interviewed by the same official, but one at a time; in other cases, couples are interviewed by two different officials.

    These separate interviews are called Stokes interviews (they’re named after a court case against the former Immigration and Naturalization Service; the case established rights for couples being interviewed by the U.S. government). Usually, immigration officials use Stokes interviews when:

    • There are circumstances that make the interviewer believe you’re in a fraudulent marriage, such as a huge age gap between you, different addresses showing up for you online, or answers to questions that seem suspicious
    • There’s potentially adverse evidence against you
    • The official has discovered new information that they believe needs to be investigated further

    Types of Questions You May Be Asked During Your Marriage Green Card Interview

    The USCIS official or consular officer who interviews you will ask you and your spouse questions about each other and your marriage. They may also ask questions about your history, such as:

    • How did you meet each other?
    • When did you start dating?
    • What are your favorite activities together?
    • Do you have any children together? If so, what are their names and ages?
    • Do you own any property together? If so, what is it and where is it located?
    • What are your spouse’s parents’ names?
    • Who pays the bills in your household?
    • Which side of the bed do you sleep on?
    • What’s your morning routine like?
    • Where was your first date?
    • Who proposed, and how did they do it?
    • What kind of wedding did you have?
    • Do you have any pets? If so, what are their names and breeds?
    • How do your children get to school?
    • What are your kids’ favorite foods?
    • What kind of pajamas do you wear?
    • What medications does your spouse take?
    • What do you do to celebrate birthdays in your home?

    The questions asked during a marriage green card interview vary from case to case, but they all relate back to the same thing: proving that your marriage is genuine. The questions may seem personal, but remember that the interviewer is just trying to become familiar with your situation and determine whether you’re involved in immigration fraud against the U.S. government.

    How to Prepare for Your Marriage Green Card Interview

    The best way to prepare for your marriage green card interview is to review your marriage-based green card application (Form I-485) and supporting documents, and make sure that you and your spouse are on the same page about the information you submitted. If there are any discrepancies in your application, be prepared to explain them during the interview.

    You should also take some time to familiarize yourself with questions that are commonly asked during marriage green card interviews. Though you won’t know exactly what questions will be asked in your case, preparing in advance will help you feel more confident and reduce the chances of getting caught off-guard by a question.

    Common-Questions-About-Marriage-Green-Card-Interviews-NY-Immigration-Lawyer

    Common Questions About Marriage Green Card Interviews

    Check out these common questions about marriage green card interviews. If you don’t see the answer to your question here, please feel free to schedule a consultation with our office by calling 914-481-8822.

    How Long Does the Interview Take?

    The interview itself usually only lasts about 20 to 30 minutes. However, you should expect to be at the USCIS office or consulate for several hours, as there may be a wait before your interview is scheduled.

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

    Can I Present Evidence During My Interview?

    Yes, you can present evidence during your marriage green card interview. This may include photos, receipts, emails, text messages, social media messages, and anything else that can help prove that your marriage is genuine. It’s a good idea to bring copies of these documents, as well as the originals, in case the USCIS officer or consular officer wants to keep a copy for their records.

    What Should I Wear to a Marriage Green Card Interview?

    You should dress conservatively for your marriage green card interview. Wear something that’s appropriate business environment. Both you and your spouse should avoid wearing casual clothes, such as jeans or T-shirts.

    Is There Anything I Shouldn’t Say During My Interview?

    You should never lie, exaggerate or stretch the truth during your marriage green card interview. It’s absolutely essential that you tell the truth; if you fail to do so, you could be denied a green card and ordered removed from the United States.

    Related: The most common removal defense strategies

    Do You Need to Talk to an Immigration Attorney About a Marriage 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.

  • The Most Common Immigration Removal Defense Strategies

    If you’re like many people facing removal proceedings (deportation), you’re probably more than a little concerned. In fact, you may be scared, confused and in a state of panic – and that’s all understandable. Removal from the United States has serious consequences that may include being forced from your home and barred from returning to the country, even if you have a family, a job and a life here.

    Fortunately, there are some ways people can fight deportation. Because the stakes are so high, many people choose to work with a New York immigration attorney who understands removal proceedings and the best possible defenses to deportation. Your lawyer can represent you, show an immigration judge your side of the story and help you fight deportation every step of the way.

    With that in mind – and knowing that working with a lawyer may give you the best chance at a favorable outcome – this guide covers the most common immigration removal defense strategies. Your attorney may choose to use one (or more) of these strategies as a means to help you remain in the United States and keep a deportation off your record.

    The Most Common Immigration Removal Defense Strategies

    These are the most common immigration removal defense strategies:

    1. Criminal waivers
    2. Noncriminal waivers
    3. Applying for permanent residency or adjustment of status
    4. Form I-751 renewal
    5. U visas
    6. DACA
    7. Temporary protected status and NACARA
    8. VAWA
    9. The 10-year rule
    10. Asylum or protection under the Convention Against Torture
    11. Motion to terminate or motion to suppress
    12. Voluntary departure
    13. Prosecutorial discretion

    Here’s a closer look at each.

    Immigration Removal Defense Strategy #1: Criminal Waivers

    If you have a criminal record, it may work against you in removal proceedings. However, some criminal offenses may be eligible for a waiver, which means they won’t count against you during the deportation process. Criminal waivers include 212(c), 212(h), EOIR-42A or EOIR-42B.

    • A 212(c) waiver is available to lawful permanent residents who pleaded guilty to a crime before April 1, 1997. Though the original section of the Immigration and Nationality Act (INA) that covered this waiver has since been repealed by Congress, the U.S. Supreme Court has ruled that the repeal doesn’t apply to permanent residents who pleaded guilty to a crime before that date; additionally, the Board of Immigration Appeals says that this type of deportation relief is available to lawful permanent residents who are otherwise eligible.
    • A 212(h) waiver is available to lawful permanent residents who want to adjust their status but can’t due to criminal history. This waiver lets immigration authorities waive many grounds of inadmissibility – that is, things that would make you inadmissible to the U.S. and therefore unable to adjust your status. These include crimes involving moral turpitude, convictions for two or more offenses carrying an aggregated sentence of 5 years or more in prison, engaging in prostitution (or procuring prostitutes), involvement in serious criminal activity if you received immunity from prosecution, and a single offense of marijuana possession (as long as you possessed 30 grams or less).
    • An EOIR-42A waiver is available to permanent residents who have been permanent residents for five or more years, have been in the U.S. for seven or more years under being lawfully admitted and have never been convicted of an aggravated felony.
    • An EOIR-42B waiver is available to nonpermanent residents if they can establish that they’ve been continuously present in the U.S. for ten or more years, and that they’ve been a person of good moral character during that period. They may not have been convicted of certain crimes listed in the INA, and that their removal would result in “exceptional and extremely unusual hardship” to remaining family members who ware U.S. citizens or lawful permanent residents. This waiver is also available to those who have been battered or subjected to extreme cruelty by a family member who’s a U.S. citizen or lawful permanent resident.

    Immigration Removal Defense Strategy #2: Noncriminal Waivers

    Even if you don’t have a criminal record, there may be other reasons why you’re ineligible for a green card or other relief from removal. These are called noncriminal grounds of inadmissibility, and they can include things like lying on your application, being unable to support yourself financially, or having a communicable disease. Like criminal grounds of inadmissibility, some of these may be eligible for a waiver.

    The most common noncriminal waivers are the I-601A provisional waiver, the I-601 waiver, and the I-602 provisional waiver.

    • The I-601A provisional waiver is available to those who are inadmissible due to unlawful presence in the U.S. (being in the U.S. without authorization). To be eligible, you must have an immediate family member who’s a U.S. citizen or lawful permanent resident, and you must demonstrate that your spouse or parent would experience extreme hardship if you were not allowed to remain in the U.S.
    • The I-601 waiver is available to those who are inadmissible due to many different grounds, including unlawful presence, criminal history, and health-related issues. To be eligible, you must demonstrate that your U.S. citizen or lawful permanent spouse or parent would experience extreme hardship if you were not allowed to remain in the U.S. This is a lengthy form that lets you ask to waive only some grounds of inadmissibility (such as being involved in a crime of moral turpitude, a controlled substance violation relating to simple possession of 30 grams or less of marijuana, or being convicted of two or more offenses for which your total sentence added up to five years or more in prison). There are a number of other things that may make you inadmissible, such as having a communicable disease of health significance or failing to get the appropriate vaccinations, which this waiver may also address.
    • The I-602 waiver is available to some refugees who have been found inadmissible, such as those with felony convictions or certain health conditions. You may be able to use this waiver to show humanitarian reasons, family unity or national interest.

    As with any other waiver, there’s no guarantee that you’ll get it – you may still be deported from the U.S. when you use one of these waivers.

    Related: Fraud and willful misrepresentation in immigration

    Immigration Removal Defense Strategy #3: Applying for Permanent Residency or Adjustment of Status

    You may be able to avoid deportation by applying for permanent residency or adjustment of status. To do this, you must meet certain requirements, such as being eligible for an immigrant visa, having an employer sponsor you, or having a close family member who’s a U.S. citizen or lawful permanent resident sponsor you.

    You’ll also need to show that you’re admissible to the U.S., which means that you don’t have any criminal convictions or other reasons why you might be ineligible for a green card. If you do have a criminal conviction, you may still be able to get a green card if you qualify for a waiver.

    Immigration Removal Defense Strategy #4: Form I-751 Renewal

    Some people are able to avoid deportation by renewing their Form I-751, which is the form that’s used to apply for a green card. To be eligible, you must have been granted a conditional green card based on your marriage to a U.S. citizen or lawful permanent resident, and you must still be married to (and living with) that same spouse.

    You’ll need to submit evidence that you’re still married, such as joint bank accounts, tax returns, or birth certificates for any children you have together. You’ll also need to show that your marriage is genuine and not just a way to get a green card.

    If your spouse has died or you’ve divorced since you got your conditional green card, you may still be able to renew your green card by showing that the marriage was genuine.

    Immigration Removal Defense Strategy #5: U Visas

    If you’ve been the victim of certain crimes, such as domestic violence or human trafficking, you may be eligible for a U visa. To get a U visa, you must have reported the crime to the police and be willing to cooperate with the investigation or prosecution of the crime.

    You’ll need to submit evidence of the crime, such as a police report or court documents, and you’ll need to show that you have suffered physical or mental abuse as a result of the crime.

    If you’re granted a U visa, it will allow you to live and work in the U.S. for up to four years. After that, you may be able to apply for a green card.

    Related: Can an undocumented immigrant get legal status in the U.S.?

    Immigration Removal Defense Strategy #6: DACA

    If you were brought to the U.S. as a child, you may be eligible for DACA (Deferred Action for Childhood Arrivals). To be eligible, you must have arrived in the U.S. before your 16th birthday and you must have been under 31 years old as of June 15, 2012.

    You’ll also need to show that you’re currently in school, have graduated from high school or have been honorably discharged from the military, and that you haven’t been convicted of a felony or significant misdemeanor.

    If you’re granted DACA, it will allow you to live and work in the U.S. for two years, and it may be renewed for an additional two years. There’s currently no path to a green card through DACA, but it may help you avoid deportation.

    Related: The step-by-step guide to removing conditions from a green card

    Immigration Removal Defense Strategy #7: Temporary Protected Status and NACARA

    Some people may be able to avoid deportation by asking for temporary protected status (TPS) or NACARA. If you’re from a country that’s been designated as unsafe or unstable, you may be eligible for TPS. To be eligible, you must have been in the U.S. when the country was designated for TPS and you must meet certain other requirements.

    If you’re from a country that’s been designated as a “safe haven” for refugees, you may be eligible for NACARA. To be eligible, you must have entered the U.S. before a certain date and you must meet certain other requirements.

    If you’re granted TPS or NACARA, you may live and work in the U.S. for a specific period of time. After that, you may be able to apply for a green card.

    Immigration Removal Defense Strategy #8: VAWA

    If you’re the victim of domestic violence, you may be able to get a green card through the Violence Against Women Act (VAWA) – even if you’re currently in removal proceedings. To be eligible, you must be married to (or have been married to) a U.S. citizen or lawful permanent resident, and you must have suffered abuse at the hands of your spouse. You’ll also need to show that you meet certain other requirements.

    If you’re granted a green card through VAWA, it will be valid for 10 years. After that, you may be able to apply for a permanent green card.

    Immigration Removal Defense Strategy #9: The 10-Year Rule

    If you’ve been in the U.S. for more than 10 years, you may be eligible to have your removal proceedings cancelled. To be eligible, you must show that you’ve been in the U.S. for more than 10 years, that you haven’t been convicted of certain crimes and that you meet certain other requirements.

    If your removal proceedings are cancelled, you may be able to apply for a green card.

    Related: Everything you need to know about cancellation of removal

    Immigration Removal Defense Strategy #10: Asylum or Protection Under the Convention Against Torture

    Some people are able to avoid deportation by getting asylum or protection under the Convention Against Torture. You may be eligible for asylum in the United States, which allows you to remain in the country, because you have a credible fear of persecution in your home country based on one or more of the following factors:

    1. Your race
    2. Your religion
    3. Your nationality
    4. Your membership in a particular social group
    5. Your political opinion

    To qualify for asylum, which can help you remain in the U.S. and under the U.S.’s protection, you must show that you have a credible fear or persecution for one of the above-mentioned reasons or that you have already been persecuted for one of these reasons in the past. Your NY immigration attorney can help you determine whether asylum is a viable option to help you avoid deportation.

    Immigration Removal Defense Strategy #11: Motion to Terminate or Motion to Suppress

    If you believe that the evidence against you is false or that your rights were violated, you may be able to have your case dismissed by filing a motion to terminate or a motion to suppress. To be successful, you’ll need to show that the evidence against you is false or that your rights were violated. Your attorney will know how to proceed in this situation. If your case is dismissed, you may be able to apply for a green card.

    Immigration Removal Defense Strategy #12: Voluntary Departure

    You can avoid forced removal from the country by volunteering to leave on your own. Voluntary departure is typically only an option if you haven’t been convicted of a crime and if you meet certain other requirements.

    If you’re granted voluntary departure, you’ll have a specific amount of time to leave the country. If you don’t leave by the deadline, you may be subject to forced removal.

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

    Immigration Removal Defense Strategy #13: Prosecutorial Discretion

    The government has the discretion to decide whether or not to pursue removal proceedings against you. If the government decides not to pursue your case, you may be able to apply for a green card.

    There are many factors that the government may consider when exercising prosecutorial discretion, including but not limited to your family ties in the U.S., your criminal history, your employment history and your ties to your home country.

    If you believe that you meet the requirements for prosecutorial discretion, you should speak to an attorney. An attorney can help you present your case in the best light possible and increase your chances of having your case closed.

    Do You Need to Talk to an Immigration Attorney About Immigration Removal Defense Strategies?

    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.

  • How to Help Your Parents Get Green Cards

    There are several ways for people to get a green card, but one of the most common is through family immigration – and if you’re a U.S. citizen over the age of 21 with foreign national parents, you may be able to help them gain lawful permanent residency in the United States. This guide explains the process step-by-step so that you can better understand what’s involved in helping your parents obtain legal residency in the United States.

    How to Help Your Parents Get Green Cards

    Many people choose to work with a New York family immigration attorney to help their non-U.S. citizen parents get green cards. That’s because the paperwork can be confusing, and even a minor error can cause U.S. Citizenship and Immigration Services (USCIS) to kick back your petition.

    Who Qualifies to Sponsor Their Parents for Green Cards in the United States?

    The first step is to understand who qualifies to sponsor their parents for green cards in the United States. Generally, sponsoring a parent for a green card requires that the child is:

    • At least 21 years old
    • A U.S. citizen or lawful permanent resident
    • Present and has lived in the United States for at least one continuous year prior to sponsoring their parent
    • Able to show that they can financially support their parents

    Related: Family immigration information

    What is an Affidavit of Support?

    You must show USCIS that you have enough income and assets to support your parents if they’re permitted to come to the United States. You do this by filling out and filing Form I-864, commonly known as an Affidavit of Support. An Affidavit of support is a legally binding contract, and it says that if your parents need you to, you’ll be able to provide for them. This contract between you and the U.S. government helps prevent your parents from being forced to rely on certain public assistance programs.

    You don’t have to vow to support your parents forever, though. Your obligation ends if one of the following things happens:

    • Your parents become U.S. citizens
    • Your parents no longer have lawful permanent resident status
    • Your parents leave the United States permanently
    • Your parents pass away
    • You, the sponsor, pass away

    If you can’t show that you have enough income to support your parents, you may be able to get help from another family member or friend. This person also needs to sign an Affidavit of Support; in this case, the government considers you and your friend or family member to be joint sponsors.

    Note: Your joint sponsor does not have to be related to you or your parents.

    Related: How to remove conditions from a green card

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    What Form Do You Need to File With USCIS to Get Green Cards for Your Parents?

    To sponsor your parents for a green card, you’ll need to file Form I-130 with USCIS. This is known as a Petition for Alien Relative. The form asks for basic information about you, your parents and your relationship. You’ll also need to include supporting documentation, such as your birth certificate or passport to show that you’re a U.S. citizen, as well as evidence of your parents’ foreign citizenship.

    If you’re adopted, you may still be able to sponsor your parents for a green card, but the process is different. You’ll need to include evidence of the legal adoption with your Form I-130.

    The following table outlines which forms and documentation you must submit to USCIS to sponsor your parents for a green card based on several common circumstances.

    Do You Need Separate Form I-130s for Each of Your Parents?

    If your parents live together, you can include both of their names on a single I-130 form. If they don’t live together, you’ll need to file a separate form for each parent.

    Do Parents of U.S. Citizens Have to Wait for a Visa to Become Available?

    If you’re a U.S. citizen, there’s no waiting period for a visa to become available for your parents. They’ll be able to apply for a green card as soon as USCIS approves your I-130 petition.

    What Happens After You File an I-130 for Your Parents?

    After you file Form I-130, USCIS will review your application to make sure it’s complete and accurate. They may contact you if they need additional information or clarification about anything in your application.

    Related: What’s immigration fraud (and what are its consequences)?

    Why Does It Matter Where Your Parents Live?

    If your parents live in the United States, they can apply for a green card through a process called adjustment of status. The advantage of this process is that your parents can remain in the United States while their green card application is processing.

    If your parents live outside the United States, they’ll need to go through consular processing to get their green cards. This means that they’ll need to complete an interview at a U.S. embassy or consulate in their home country.

    What Happens at a Green Card Interview?

    The green card interview is the last step in the green card application process. It’s an opportunity for a USCIS officer (or, if your parents are outside of the U.S., a consular officer) to ask you and your parents questions about your relationship and your parents’ eligibility for a green card.

    The interviewer will also review all of the documentation you’ve submitted to make sure that it’s complete and accurate. After the interview, if they’re approved for a green card, they’ll be notified to pick up their green cards at the embassy or consulate.

    Related: Is it possible for an undocumented immigrant to get lawful permanent resident status in the U.S.?

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    FAQ on Sponsoring Your Parents for U.S. Green Cards

    Check out these common questions about sponsoring your parents for U.S. green cards. If you don’t see the answer to your question here, please feel free to call our office and schedule a consultation with an experienced immigration attorney.

    Can My Parents Work in the U.S. if I Sponsor Them for Green Cards?

    If your parents are granted green cards, they’ll be able to work anywhere they’d like in the United States. In fact, they don’t need to apply for work authorization at all; they’ll receive a stamp in their passports upon their arrival that authorizes them to work until they receive their permanent resident cards.

    Can Your Parents Bring Your Siblings to the U.S. With Them?

    Even if your siblings are minors, you can’t typically include them on your parents’ green card application. However, you can file separate Form I-130s for each of your siblings.

    If your siblings are adults, you may still be able to sponsor them for lawful permanent residency in the United States. You may wish to talk to a New York immigration attorney about your options, which may include petitioning the government for family preference visas for them.

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

    What Happens if USCIS Denies Your Green Card Petition for Your Parents?

    If USCIS denies your parents’ green card application, you’ll be notified in writing of the decision. The letter will state the reason for the denial, and it will explain your right to appeal the decision. You may be able to appeal or, in some cases, file a new petition.

    Can I Sponsor My Parents if I’m Under 21?

    Generally, you must be 21 years of age or older to sponsor your parents for a green card.

    Can I Sponsor My Parents for Green Cards if They’re Divorced?

    If your parents are divorced, you may still be able to sponsor them for green cards. You’ll need to include evidence of your relationship with each parent, as well as sign an Affidavit of Support showing that you have the means to support them if necessary.

    How Long Does it Take for USCIS to Review a Green Card Petition for a U.S. Citizen’s Parents?

    The length of time it takes for USCIS to process your parents’ green card petitions can vary depending on the backlog of cases USCIS is currently processing. However, you can typically expect it to take at least several months for USCIS to review and approve them.

    What Are the Chances of My Parents Getting a Green Card?

    The chances of your parents getting a green card depend on a variety of factors, including their relationship to you, their country of origin, and whether they have any criminal convictions. The best way to help your parents get green cards is to ensure that they meet all qualification requirements before applying; from there, your best bet is to ensure your application is as complete as possible.

    That’s why many people choose to work with an attorney to sponsor their parents. Working with an attorney doesn’t guarantee a certain outcome, but it does help ensure that your paperwork is filed properly and on time. Working with an attorney also gives you access to a legal professional who understands U.S. immigration law and can answer all your questions throughout the process (as well as help you file an appeal if necessary).

    Do You Need to Talk to an Immigration Attorney About Sponsoring Your Parents for Green Cards?

    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.

  • How to Bring Your Foreign Fiancé to the United States

    When you want to marry a non-U.S. citizen or lawful permanent resident, you may be able to sponsor them to come to the United States. Working with an immigration attorney may be the simplest way to bring your foreign fiancé to the U.S., which this guide explains.

    How to Bring Your Fiancé to the United States

    It’s possible to bring your foreign fiancé to the United States for the purpose of getting married. However, you must follow specific procedures and provide the U.S. government with the appropriate documentation; otherwise, U.S. Citizenship and Immigration Services (USCIS) won’t approve the petition. The most important form you need is Form I-129F, Petition for Alien Fiancé(e). You need other supporting documentation, as well, which your attorney can explain to you.

    Why Would You Need to Bring Your Fiancé to the States?

    Many U.S. citizens want to bring a foreign fiancé to the United States so they can get married. Often, this is because it doesn’t make sense (or isn’t possible) for the U.S. citizen to leave the country for a wedding. Fortunately, the K-1 visa is available to foreign fiancés who are sponsored by a U.S. citizen. But unfortunately, these visas aren’t available to fiancés of lawful permanent residents. (See the later section, “What if You’re a Lawful Permanent Resident With a Foreign Fiancé?” for more information that can help you in this situation.)

    The K-1 Visa (Fiancé Visa): The Basics

    A K-1 visa (commonly called a fiancé visa) is available to engaged partners of U.S. citizens. This visa allows a foreign fiancé to enter the U.S. for their own wedding. Like any other visa, there’s an expiration date on the K-1 visa – and if you don’t get married before the visa expires, the foreign fiancé must leave the country and reapply.

    Who Needs a K-1 Visa for a Foreign Fiancé?

    You only need a K-1 visa if your fiancé isn’t a U.S. citizen and you wish to be married here, in the United States. If you marry your fiancé Outside the country, you don’t need this type of visa. You can skip straight ahead to the process of getting your spouse a green card.

    Related: The complete guide to deportation

    Foreign Fiancé Visa Eligibility Requirements

    You’re only eligible to bring your fiancé to the United States on a K-1 visa if:

    • You (the sponsor) are a U.S. citizen
    • You plan to marry your fiancé within 90 days of their arrival
    • You and your fiancé are both legally free to marry each other, which means you’ve legally dissolved or terminated any previous marriages either of you have had
    • You and your fiancé have met each other in person at least once in the past two years unless doing so would violate customs of your fiancé’s culture or social practice or it would result in extreme hardship to you

    A Word on the In-Person Meeting Waiver

    You may be eligible to apply for a waiver if meeting your spouse in person prior to your marriage would violate strict and established customs of their culture or social practices. You should speak to your New York immigration attorney about applying for this waiver so your fiancé can get a K-1 visa if you haven’t seen each other in person within two years of your application.

    What if You’re a Lawful Permanent Resident With a Foreign Fiancé?

    Unfortunately, K-1 visas aren’t available to foreign fiancés of lawful permanent residents of the United States; they’re only available to fiancés of U.S. citizens. However, that doesn’t mean you can’t marry your fiancé – it just means that:

    • You may need to travel to your fiancé’s home country to get married
    • You may decide to wait until you become a U.S. citizen to marry your fiancé
    • Your fiancé may need to become a lawful permanent resident of the U.S. before you marry
    • You may wish to talk to an immigration attorney about whether you can marry your fiancé when they visit the U.S. on a tourist visa (or another type of visa)

    A word of caution, though: It’s one thing if you marry someone who’s already in the U.S. on a student visa, and another matter entirely if your fiancé applies for a visa (other than a K-1 fiancé visa) to come to the U.S. and marry you. When someone enters the U.S. by saying their visit is for one purpose but it’s really for another purpose, that’s considered immigration fraud – and it could get them into serious trouble. In fact, the U.S. government may deport them and bar them from returning. They may even face jail time and fines of up to $10,000. If you’re a lawful permanent resident who wants to marry a non-U.S. citizen, it may be in your best interest to talk to an attorney about your options before you make any big moves.

    Note: If your fiancé is already in the U.S. and entered the country using a valid visa, it may be permissible for you to marry them and file an I-130 relative petition to help them get lawful permanent residency. Again, though, you should speak to an immigration attorney to make sure you (or your fiancé) won’t end up in hot water with USCIS.

    Related: What happens at an immigration interview?

    How Much Does it Cost to Get a Fiancé Visa?

    The cost associated with a fiancé visa is always subject to change. You can check the most current filing fee here.

    How Long Does it Take to Get a K-1 Visa?

    On average, it takes between six months and a year to get a K-1 visa. However, you can check the most current processing times here.

    Can Your Fiancé Bring Children to the U.S.?

    Your fiancé may be able to bring their unmarried children when they come to the U.S. on a K-1 visa. (However, the children must be younger than 21.) Their children need K-2 nonimmigrant visas. In order for USCIS to give your fiancé the green light to bring them, you must include their names on your Form I-129F. If approved, they may travel with your fiancé or come after your fiancé arrives. Children can’t travel to the U.S. before your fiancé does.

    The K-1 Visa Application Process

    Many people choose to work with an immigration attorney to apply for a K-1 fiancé visa. That’s because the paperwork can be confusing – and so can knowing which supporting documentation you need. The process generally goes like this:

    1. Your attorney fills out and files Form I-129F on your behalf. This form shows USCIS the relationship between you and your fiancé. Your attorney will include supporting documentation when she files this form. That way, USCIS can move your petition on to the next step in the process.
    2. USCIS forwards your approved petition to the National Visa Center (NVC).
    3. The NVC forwards your approved petition to the U.S. embassy or consulate nearest where they live (or where they’ll formally apply for the visa).
    4. The embassy or consulate notifies you (the U.S. citizen sponsor) when it has scheduled your fiancé’s interview.
    5. Your fiancé attends the interview and brings all the required forms and documents. They formally apply for the K-1 visa at this appointment.
    6. The consular officer assigned to your petition decides whether your fiancé qualifies for a K-1 visa. If the officer grants the visa, it’s valid for up to 6 months. If the consular officer chooses not to grant the visa, they will return the Form I-129F to USCIS. You may reapply with a new Form I-129F if your petition is denied.
    7. Your fiancé travels to the United States to marry you within 6 months of receiving the visa. After your fiancé arrives in the U.S., you have 90 days to get married. If you fail to get married within 90 days, your fiancé will have to leave the country and apply for a new visa.
    8. You may apply for a green card for your spouse after you marry through adjustment of status.

    Why Would a K-1 Visa Petition Be Denied?

    The consular officer assigned to your petition must decide whether your relationship is bona fide. In plain English, that means they’re looking for evidence that you’re in a genuine relationship. They’re also looking for evidence that your fiancé isn’t marrying you only to gain an immigration benefit. If the consular officer thinks that your relationship isn’t genuine, they’ll deny your fiancé visa application.

    Related: Immigration fraud and willful misrepresentation

    Do You Need to Talk to an Immigration Attorney About Bringing Your Fiancé or Spouse to the U.S.?

    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 Does it Mean to Sponsor Someone for a Green Card?

    If you’re like many people, you know that it’s possible for an American citizen or lawful permanent resident to sponsor an immigrant to come to the United States. But what, exactly, does it mean to be a sponsor, and how does it all work? This guide explains.

    What is a Green Card Sponsor in Family Immigration?

    A green card sponsor is someone who helps an immigrant become a lawful permanent resident in the United States. The sponsor does this by signing Form I-864, Affidavit of Support. This form is essentially a contract that says the person who signs it agrees to use their financial resources to support the person named on the affidavit if necessary.

    Anyone who applies to become a permanent resident through a family member needs a financial sponsor. U.S. Citizenship and Immigration Services (USCIS) requires Form I-864 as part of a complete application. Without it, USCIS will deny the application.

    Note that sponsoring someone for family immigration is different from sponsoring an employee to work for your company. Business immigration is a separate process and requires an employer to perform several steps before being eligible to sponsor a worker. (This guide only addresses family immigration.) The one exception is when an immigrant is coming to the U.S. to work for a relative, or for a company that a relative owns a certain share in. If this sounds like your situation, you should speak to a New York immigration attorney about the requirements you and your family member must meet.

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

    Who’s Eligible to Sponsor Someone for a Green Card in the United States?

    To sponsor an immigrant, you must be a U.S. citizen or lawful permanent resident who’s at least 18 years old. You must also be currently living in the United States or one of its territories or possessions at the time you file an Affidavit of Support.

    The sponsor is usually the person whose relationship qualifies the immigrant for lawful permanent residency in the United States. For example, a spouse may sponsor their partner; a parent may sponsor their child. In some cases, a child may sponsor their parent, or someone may sponsor a sibling.

    Who Can U.S. Citizens Sponsor?

    U.S. citizens may sponsor the following family members:

    • A spouse
    • An unmarried child under the age of 21
    • A parent (if the citizen is over the age of 21)
    • A married child of any age
    • A sibling (if the citizen is over the age of 21)

    Who Can Lawful Permanent Residents Sponsor?

    Lawful permanent residents may sponsor the following family members:

    • A spouse
    • An unmarried child under the age of 21
    • An unmarried stepchild under the age of 21

    Related: The step-by-step guide to removing conditions from a green card

    Can You Sponsor More Than One Person?

    You may sponsor more than one person. However, you will need to complete a separate petition and Affidavit of Support for each person you wish to sponsor. You also need to prove that you can financially support each immigrant you sponsor.

    Affidavit of Support for Green Card Sponsors - NY Immigration Attorney

    The Affidavit of Support for Green Card Sponsors

    An Affidavit of Support helps ensure that new immigrants to the United States aren’t living in poverty. Unfortunately, sometimes people come to the U.S. without adequate money to live on – and that’s where the sponsor comes in. The sponsor signs a legally binding affidavit that says they agree to provide for the immigrant if necessary; that helps prevent new immigrants from being forced to rely on some types of public assistance programs. If the immigrant uses certain forms of public assistance, the sponsor is required to repay the government for the assistance the immigrant uses.

    Generally, you must make at least 125 percent of the Federal Poverty Guidelines, which change every year, to qualify as a sponsor. There’s an exception, though: If the sponsor is an active-duty military member in the U.S. armed forces and the immigrant is a spouse or child, the income requirement is 100 percent of the poverty level.

    If you don’t make at least that amount, you may need a joint sponsor.

    What is a Joint Sponsor?

    Sometimes it’s necessary to use a joint sponsor – a second person who agrees to provide financial support to an immigrant who’s applying for a family-based green card. This person doesn’t have to be related to the primary sponsor or the immigrant; it can be a friend rather than a family member.

    A joint sponsor may be necessary if you (the primary sponsor) don’t have enough income or assets to guarantee that you’re able to support the immigrant. You may also need a joint sponsor if your tax returns don’t accurately reflect how much you make now, even if you currently make enough. That’s because USCIS will look at your tax returns as proof of your income.

    The primary sponsor and the joint sponsor must both fill out and file an Affidavit of Support.

    Related: What are immigration fraud and willful misrepresentation?

    Who's Eligible to Sponsor Someone for a Green Card in the U.S.

    What Are Your Responsibilities if You Sponsor Someone for a Green Card?

    A green card sponsor’s responsibilities are simple: They must provide financial support for an immigrant if it becomes necessary. Naturally, if the immigrant can provide for themselves, the sponsor doesn’t have to provide financial support.

    How Long Does Sponsorship Last?

    A sponsor’s financial responsibility automatically ends when the person they sponsored becomes a U.S. citizen. If the immigrant doesn’t become a U.S. citizen, the sponsor’s financial responsibility ends when the immigrant is credited with 40 quarters of work in the U.S. (which usually happens if the immigrant is continuously employed for 10 years), leaves the U.S. permanently, or passes away.

    What is the Process for Sponsoring an Immigrant?

    The first step in sponsoring an immigrant is usually filing a petition with USCIS. The specific forms you need to file depends on your relationship to the person you’re sponsoring. Your immigration attorney will know exactly which forms you need to file, as well as what types of supporting documentation you need to send in with your petition.

    Sponsoring an Immigrant Who Already Lives in the United States

    The process for sponsoring an immigrant who already lives in the United States is a little different. In this case, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status, along with the other required documents. The immigrant must then attend an interview at a USCIS office.

    Sponsoring an Immigrant Who Lives Outside the United States

    If the immigrant you want to sponsor lives outside the United States, you will need to go through the National Visa Center (NVC) process. The first step is to file Form I-130, Petition for Alien Relative. After that’s approved, the NVC will send you information and instructions on how to submit the Affidavit of Support and pay the visa processing fee. From there, the immigrant will need to attend an interview at the nearest U.S. embassy or consulate.

    What Supporting Documents Do You Need to Sponsor an Immigrant?

    There are a few different supporting documents that you may need to submit (in addition to your Affidavit of Support) when sponsoring an immigrant. These include:

    • Proof of your U.S. citizenship or lawful permanent resident status
    • Proof of your relationship to the immigrant
    • Evidence of your financial ability to support the immigrant
    • A medical examination
    • A police certificate (if required)

    You may also need to submit other documents, depending on your individual circumstances. But don’t worry – your immigration attorney will tell you exactly what you need for your petition.

    How Much Does it Cost to Sponsor a Family Member - Affidavits of Support

    How Much Does it Cost to Sponsor a Family Member?

    There are a few different fees associated with sponsoring a family member for a green card. The first is the filing fee for the petition, which is subject to change (but you can find the current fee here). You may also have to pay a biometrics fee and a fee for the Affidavit of Support.

    How Long Does it Take to Sponsor an Immigrant?

    The amount of time it takes to sponsor an immigrant depends on a few different factors. These include:

    • The relationship between the sponsor and the immigrant
    • The immigrant’s country of origin
    • Whether the immigrant is already in the United States

    Generally speaking, it takes longer to sponsor an immigrant who is not a close relative and who lives outside the United States. The entire process can take several months (or longer), so it’s best if you talk to an immigration attorney about your specific situation. Your attorney can discuss how long your case is likely to take and when your relative may be able to come to the United States.

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

    What if the Person I’m Sponsoring Gets a Green Card Based on Employment?

    If the immigrant you sponsored gets a green card based on employment rather than a family relationship, you are not responsible for them financially. The employer is responsible for making sure that the immigrant can support themselves.

    However, even if you’re not financially responsible for an employed immigrant, you may still be considered their sponsor. That’s because you were the one who originally petitioned for them to come to the United States. As such, you may be asked about your sponsorship during the immigrant’s green card interview.

    Do You Need to Talk to an Immigration Attorney About Sponsoring Someone 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.

  • What Are Immigration Fraud and Willful Misrepresentation?

    Immigration fraud is a crime – and it’s one with serious consequences in the United States. The term immigration fraud is very broad, but just about any action you take to lie to or defraud the U.S. government falls under it. This guide explains immigration fraud, the possible penalties of a conviction, and how you can avoid mistakes that could get you thrown in prison, fined or barred from immigrating to the United States.

    Make no mistake: Immigration fraud and willful misrepresentation are crimes. If the government charges you with one of them, an immigration attorney may not be able to help you.

    What is Immigration Fraud?

    Immigration fraud is the act of lying or willfully misrepresenting facts so you can gain an immigration benefit. That may include things like:

    • Putting incorrect dates on immigration paperwork
    • Lying to a U.S. Citizenship and Immigration Services (USCIS) investigator
    • Leaving out information on an immigration petition
    • Marrying someone for the sole purpose of getting a green card

    Any time you’re not completely honest and up-front, you may be committing immigration fraud – but the law makes a distinction for material facts.

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

    What Are Material Facts?

    Material facts are facts that are important enough to affect the outcome of your case. For example, it’s not a big deal if you write that you lived at 123 Any Street when you really lived at 123 Any Road from March 2020 to the present – but it is a big deal if you aren’t truthful about the dates you lived there (or lie about the fact that you lived there at all).

    Material facts are important to the outcome of your case, and it’s incredibly important to represent these facts accurately. Otherwise, the government may charge you with immigration fraud.

    What is Willful Misrepresentation?

    Willful misrepresentation is the act of purposely failing to be truthful. For example, if you know you lived at 123 Any Street for exactly one year but you say that you lived there for five years, whether you believe it will help your case or not, you’re willfully misrepresenting the facts.

    It’s unlawful to willfully misrepresent facts on your immigration petition or while speaking with an immigration official, or during any other part of the immigration petition process. You must be completely honest and truthful, even if you think it may be damaging to your case or may result in an unfavorable decision.

    What if I Make a Mistake on an Immigration Form?

    Making mistakes – as long as they’re not willful misrepresentations of material facts – is typically okay. Sometimes USCIS will return a petition to the person who submitted it for corrections. That can make a case take much longer. But the good news is that the government doesn’t consider honest mistakes to be fraud or willful misrepresentation.

    Many people choose to work with an attorney to avoid mistakes in the first place, though. When you work with a New York immigration attorney, she’ll fill out and file your paperwork for you. And because your attorney has significant experience with all the forms you need, you don’t have to worry about mistakes that could delay a decision on your case.

    Who Investigates Immigration Fraud?

    Usually, Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) investigate immigration fraud. In some cases, local law enforcement agencies also do some investigating – but typically, they turn over their findings to ICE or USCIS.

    What’s the Most Common Type of Immigration Fraud?

    There are several types of immigration fraud, but among the most common are marriage fraud and misrepresentation of material facts on immigration forms (or during interviews).

    How Can the U.S. Government Prove Immigration Fraud Cases?

    The government can prove that you committed willful misrepresentation or immigration fraud in court if it can show that all of the following apply to you:

    1. Made a false statement or wrote an incorrect “fact” on a petition about something that’s important to your case (not just a simple mistake or error that any reasonable person could’ve made).
    2. You made a statement and knew it was false.
    3. You intended to deceive the person on the receiving end of your statement (in this case, an immigration official).
    4. The person who heard or read your false statement needed to rely on it to make a decision in your case.

    In a situation involving marriage fraud, which the following section outlines, the U.S. government may be able to prove that your marriage is fraudulent based on incorrect or inconsistent answers during an immigration interview, on a petition, or through investigative means.

    Is Marrying Someone for a Green Card Considered Immigration Fraud?

    Marrying someone only to get an immigration benefit, such as a green card, is definitely considered immigration fraud. However, if you marry someone because you want to be married to them, you’re eligible to apply for a green card. That’s what makes marriage fraud so common. Many people believe marrying a U.S. citizen or LPR is the “simplest” way to get a U.S. green card.

    Routine investigation usually uncovers cases of marriage fraud cases. The USCIS official reviewing your petition will need to see all kinds of documentation that proves you’re in a valid marriage. They want to see things like joint account statements, receipts for gifts you’ve given each other, children’s birth certificates and other things that most married couples have on-hand. Additionally, a USCIS official will interview you and your spouse. If your answers are inconsistent or incorrect during the interview, the official may suspect that you’re committing marriage fraud to obtain an immigration benefit.

    Both parties will get into legal trouble for committing marriage fraud. The U.S. citizen partner faces prison time (up to five years) and fines of up to $250,000, and the foreign national partner will be removed from the United States. Typically, the removal comes with a bar to reentry; that means the person can’t return to the U.S., even if they have a job, a family or other ties here.

    Related: The complete guide to green card marriage

    Penalties for Committing Immigration Fraud

    The penalties for committing immigration fraud are harsh. In addition to any criminal penalties that you may face, you’ll be subject to deportation and will likely be permanently barred from returning to the United States.

    Fines for Immigration Fraud

    The fines for immigration fraud can be significant. If the government catches you misrepresenting facts on your immigration application, you may have to pay a fine of up to $250,000. If a judge convicts you of marriage fraud, you may have to pay a fine of up to $250,000 and spend up to five years in prison.

    Deportation for Immigration Fraud

    If officials catch you committing immigration fraud, you will be subject to deportation. That means the government will remove you from the United States and will likely bar you from returning, even if you have family or other ties here.

    Related: What happens at an immigration interview?

    Permanent Bar from Returning to the United States

    If the U.S. government deports you for immigration fraud, it will likely permanently bar you from returning to the United States. That means you won’t be able to come back to the U.S., even if you have a job or family here.

    Criminal Penalties for Immigration Fraud

    In addition to the civil penalties described above, you may also face criminal penalties for immigration fraud. The specific penalties will depend on the nature of the fraud, but they can include prison time and fines.

    Prison Time for Immigration Fraud

    If you’re convicted of marriage fraud, you may have to spend up to five years in prison. If you’re convicted of misrepresenting facts on your immigration application, a judge may sentence you to up to 10 years in prison.

    Related: Your guide to deportation (removal) from the United States

    Does an Immigration Fraud Conviction Make You Inadmissible to the U.S. in the Future?

    If a court convicts you of immigration fraud, the U.S. government deems you inadmissible. That means you’ll be barred from entering the U.S. If you’re already in the country, the government will deport you.

    Can You Defend Yourself Against Immigration Fraud Charges?

    It is possible to defend yourself against immigration fraud charges, but it can be difficult (and you should probably consult with a criminal defense attorney who’s familiar with immigration law). People commonly defend themselves against immigration fraud charges by providing proper documentation, proving that their marriages are legal and valid, or showing that they were under duress at the time they committed the fraud. There’s never any way to predict how a judge will rule, and no criminal attorney can promise you an outcome – but the best way to avoid immigration fraud charges is not to commit immigration fraud in the first place.

    How Can You Avoid Immigration Fraud Charges?

    First things first: The U.S. government can’t charge you with immigration fraud if there’s nothing suspicious about your application for an immigration benefit.

    With that said, many people find it helpful to work with an immigration attorney to avoid mistakes on their paperwork or petitions, and to ensure that they’re compliant with U.S. immigration law.

    If your immigration attorney sees something that seems “off” or that’s likely to catch USCIS’s attention, she’ll let you know. Your lawyer’s job is to ensure your forms are filled out correctly and honestly, and that you remain in compliance with the Immigration and Naturalization Act (INA).

    The Bottom Line

    The bottom line is this: Don’t commit immigration fraud. The consequences are too severe – and the end result is that you won’t be permitted to enter the United States, or worse, you’ll be deported.

    If you’re considering immigrating to the U.S., you should talk to a New York immigration attorney about your options. Be completely honest with your attorney so she can find the best path forward for you.

    Do You Need to Talk to an Immigration Attorney About Immigration?

    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.

  • Can Undocumented Immigrants Get Legal Status in the U.S.?

    There are currently around 11.4 million undocumented immigrants in the United States, and most of these people don’t have a clear path to lawful permanent residency or citizenship. Unfortunately, if you’re in the U.S. without the proper documentation, it can be incredibly difficult to gain legal status here. However, you may have a few options, which this guide explains.

    What Does ‘Undocumented Immigrant’ Mean?

    An undocumented immigrant is a person from another country – any other country – who doesn’t have the lawful right to be (or remain) in the United States. For example, people who were born in the U.S. have a natural-born lawful right to live in the U.S.; so do most people with a U.S. citizen parent. Some people who have a lawful permanent resident parent have the lawful right to be or remain in the United States, too.

    But outside those groups, most people who weren’t born in the United States need prior authorization before entering the country. Even with prior authorization to enter the U.S., most foreign-born people need authorization to work, study or live in the United States. Even vacationers need the appropriate documentation to travel around the country.

    People who don’t have the natural-born right to remain in the U.S. or who don’t have the appropriate documentation are considered undocumented immigrants.

    Undocumented Immigrants Who Lawfully Entered the United States

    It’s important to note that the term undocumented immigrants applies to any person who doesn’t have the appropriate documentation to remain in the United States – not only to people who entered the country unlawfully. In fact, somewhere around half of all undocumented immigrants entered the U.S. lawfully but overstayed their visas. (When you have a visa to enter the United States, it’s typically only good for a specific period of time period you must leave the country by the time your visa expires.)

    U.S. Immigration Law on Undocumented Immigrants

    U.S. immigration law is very strict when it comes to undocumented immigrants (though not as strict as some countries are). Often, people found to be in violation of U.S. immigration law are removed from the country, and many are prohibited from returning for a certain period of time.

    There are a few ways people who are in the United States unlawfully may get legal status without leaving and coming back with proper authorization. However, these are the exceptions, not the rules. That means if you’re currently in the United States unlawfully, your best chance to get lawful status is to leave, apply to come back, and wait for a decision from USCIS. You may wish to speak to an immigration attorney who can give you the guidance you need. But in the meantime, the following sections outline the few options undocumented immigrants have for gaining legal status in the United States.

    Asylum

    U.S. immigration law allows some people to apply for asylum. Essentially, asylum is protection; people who are granted asylum in the United States are allowed to live and work here so they don’t have to return to their home countries.

    Asylum is only available in certain circumstances, though. The United States government will only grant you asylum if you’ve been persecuted or are in danger of persecution in your home country based on one of the following five factors:

    • Religion
    • Race
    • Nationality
    • Political opinion
    • Membership in a particular group

    The U.S. government’s definition of persecution is fairly narrow and includes things like physical violence or torture, violations of human rights (such as genocide, slavery, or forced abortion or sterilization), threats of harm and unlawful detention. It also includes the infliction of mental, emotional or psychological harm, as well as economic discrimination or harm and a few other types of discrimination and harassment.

    The persecutor is important, too. If you’re seeking asylum in the U.S., you must show that the persecution came from your country’s government or groups that the government is unable to control (such as guerillas, tribes or organized vigilante groups). In some cases, you may also be able to seek asylum in the U.S. if you’ve been the victim of domestic violence in a country that won’t (or can’t) protect you.

    You may apply for asylum in the United States when you’re at a border crossing or within a year of your arrival in the country (or within a year of your visa’s expiration date). You may even apply for asylum if you entered the U.S. unlawfully. For example, if you entered the U.S. on March 15 (or your visa expired on March 15) of this year, you have until March 15 next year to apply for asylum.

    Related: All about immigration interviews

    Temporary Protected Status

    Temporary protected status, or TPS, is available to people whose home country has recently been through an environmental or natural disaster, a civil war or other circumstances that makes returning dangerous. This humanitarian program is only available to people from certain countries (those that have had a recent disaster, war or special circumstances), and the list of countries is subject to change.

    To be eligible for TPS, you must be a national of one of those countries (or a person with no nationality who last resided in one of those countries). You must also file during a specific time period, and have been continuously residing in the United States since the date specified for your country.

    TPS may not be available to you if you:

    • Have been convicted of a felony, or if you’ve been convicted of two or more misdemeanors, in the United States
    • Are inadmissible to the United States
    • Are barred from asylum, such as persecuting another person or inciting terrorism
    • Haven’t been continuously present in the U.S. for the required amount of time

    If USCIS grants you temporary protected status, you may be able to re-register to maintain your benefits. That applies to all beneficiaries, whether USCIS, an immigration judge, or the Board of Immigration Appeals (BIA) granted your TPS status.

    Related: When do you take the U.S. citizenship test?

    DACA

    Deferred Action for Childhood Arrivals (DACA) is a U.S. government policy that may allow you to request deferred action on removal. Plainly speaking, DACA may enable you to stay in the United States, even if you entered the country unlawfully – but only if you:

    • Were under the age of 31 on June 15, 2012
    • Arrived in the U.S. before you turned 16 years old
    • Have resided in the U.S. since June 15, 2007 through today
    • Were present in the U.S. on June 15, 2012 and are present at the time you petition USCIS for DACA benefits
    • Did not have a lawful status on June 15, 2012
    • Are in school, have graduated from school or have a certificate of completion from high school, or have obtained a general education development (GED) certificate, or are a veteran of the armed forces (including the Army, Navy, Marines, Air Force, Coast Guard or Space Force) of the United States
    • Have never been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and you’re not a threat to public safety or national security

    You may request DACA even if you’re in removal proceedings, have a final removal order, or have a voluntary departure order, as long as you’re not in immigration detention at the time you file your request. If you’re requesting DACA for the first time, you may want to speak to an attorney about your situation; your immigration lawyer can answer your questions and help ensure that DACA is the right path forward for you (and if there’s a better solution, she’ll let you know).

    Related: Getting a green card with a criminal record

    Undocumented Veterans of the U.S. Armed Forces

    If you served in the U.S. armed forces, including the Army, Navy, Marine Corps, Air Force, Coast Guard or Space Force, you may be eligible to stay in the United States even if an immigration judge finds that you’re unlawfully present here. However, you’re only eligible to stay based on your prior service if you were honorably discharged and you served between the following dates in one of the following conflicts:

    • June 25, 1950 to July 1, 1955 in the Korean War
    • February 28, 1961 to October 15, 1978 in the Vietnam War
    • August 12, 1990 to April 11, 1991 in the Persian Gulf War
    • September 11, 2001 to the present in Operation Enduring Freedom

    You may be eligible even if you didn’t deploy. You should speak to an immigration attorney about your situation; your lawyer can help you file the appropriate petitions to remain in the United States.

    Can You Get Married to a U.S. Citizen to Avoid Deportation if You’re Undocumented?

    Marrying a U.S. citizen or lawful permanent resident (green card-holder) won’t solve your problems if an immigration judge orders you to leave the United States. In fact, doing so will likely result in your removal from the country – and you may even be barred from coming back for a certain period of time.

    Related: How to get a green card through marriage

    What Happens if the Government Finds Out That You’re Undocumented?

    Typically when the U.S. government finds out that a person is undocumented, the person may be arrested by Immigration and Customs Enforcement (ICE). As a division of the Department of Homeland Security (DHS), ICE is tasked with removing undocumented immigrants from the country. However, other law enforcement agencies can, and do, often take undocumented immigrants into custody. Sometimes when a person is arrested by a different law enforcement agency, the agency turns them over to ICE. Sometimes U.S. Customs and Border Protection (CBP) arrests undocumented immigrants, as well.

    After an arrest, there’s a very good chance that you’ll be put into removal proceedings. (See the following section, “Deportation (Removal) Proceedings,” for more information.) In some cases, people may be forced out of the United States without going through formal removal proceedings or appearing before a judge; these are called expedited removal proceedings.

    Deportation (Removal) Proceedings

    Removal proceedings – commonly called deportation proceedings – are legal procedures that many undocumented immigrants face. An ICE deportation officer generally makes an initial determination on whether someone should go into removal proceedings shortly after an arrest. Usually, when people face removal proceedings, the official charge is related to overstaying a visa or unlawfully entering the United States; sometimes the charge is related to a previous criminal conviction, as well.

    Related: Your guide to deportation proceedings

    It is possible for an undocumented immigrant to get legal status in the United States, but most often, it’s easier to apply for legal status from outside the U.S., when you’re not in violation of U.S. immigration law. In either case – whether you’re currently in the U.S. without documentation or you’re outside the U.S. and wish to immigrate here – you should speak to an attorney before you attempt to file any petitions with USCIS or another government agency. However, bear in mind that it’s often difficult to get legal status if you’ve entered the country unlawfully or overstayed a 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 Happens at an Immigration Interview?

    If you’re like most people immigrating to the United states, there’s a good chance you’ll have to participate in an immigration interview. But what happens during an immigration interview, and what are the possible outcomes? Does U.S. Citizenship and Immigration Services (USCIS) interview everyone who wants to come to the United States? This guide explains.

    What is an Immigration Interview?

    An immigration interview is a sit-down chat with an official from USCIS or someone working at a U.S. embassy or consulate abroad. The person interviewing you will determine whether or not you’re eligible for an immigrant visa, green card or United States citizenship. Your immigration attorney will most likely tell you that immigration interviews are nothing to worry about. As long as you take a little time to prepare, understand what the official will ask you and understand your responsibility for answering truthfully, your immigration interviews should go off without a hitch.

    Where Do Immigration Interviews Happen?

    Immigration interviews typically take place at a USCIS field office within the United States, but if you’re outside the United States, yours will take place at the U.S. embassy or consulate closest to you.

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

    Who Has to Participate in an Immigration Interview?

    Most people who are applying for an immigration benefit in the United States I required to participate in an immigration interview. However, there are a few exceptions, including those for children and some senior citizens. There are also exceptions for people who are physically unable to participate in interviews, as well. But the vast majority of people are required to participate in an immigration interview.

    How Long Do Immigration Interviews Take?

    Most immigration interviews only last around 20 minutes. However, in some cases, interviews can take longer. Sometimes green card marriage interviews last a bit longer than standard immigration interviews do; that can be the case when an interviewer suspects that there’s fraud involved in your case. See the later section, “Marriage Green Card Interviews,” for more information on these types of interviews.

    Related: The complete guide to green card marriage

    What Happens During an Immigration Interview?

    Differences Between Visa Interviews, Green Card Interviews, and Citizenship Interviews

    In most immigration interviews, the interviewer’s primary job is to determine whether you’re admissible to the United States. The interviewer will look at your initial application and review your answers. They’ll also ask you questions about anything they need clarified. With that said, most interviews are pretty standard. The following sections describe the basics for each type of immigration interview.

    Immigration Interviews for Visas

    Before you attend an immigration interview to get a visa, you’ll need to gather supporting documentation. That means you need a copy of your medical examination results, if applicable, as well as original or certified copies of all civil documents that you submitted as part of your original application. You also need to bring your appointment letter, passport and two identical color photographs of yourself and every other applicant applying with you.

    When you arrive for your interview, you may need to bring your spouse and any children who are immigrating with you. Generally, everyone who is required to participate in your interview will be named in the letter you receive from USCIS or the National Visa Center.

    You can expect your interviewer to ask you things like:

    • Why are you traveling to the United States?
    • How long do you plan to stay in the United States?
    • Where will you stay in the U.S.?
    • Who will be paying your expenses?
    • Do you have friends and relatives in the United States?
    • Have you visited the U.S. before?
    • Have you already booked your tickets?
    • Do you have any other plans, such as working, studying or tourism?
    • What are your plans after your visa expires?

    As with any other immigration interview, it’s very important that you’re honest with your interviewer. The person who interviews you needs to see whether your answers match up with your visa application, as well as whether you’ve chosen the right type of visa for your purposes. It’s the immigration official’s job to ensure that you’re not planning to violate U.S. immigration law by overstaying your visa, as well.

    Related: What you need to know about deportation from the U.S.

    Immigration Interviews for Green Cards

    Immigration interviews for green cards are a little different from those designed for visas. Usually, green card interviews occur between 7 and 15 months after you apply for a green card – but not everyone is required to attend this interview. The U.S. government will notify you if you need to attend an interview for a green card; if you don’t receive a notice from the government, check with your immigration attorney to clarify.

    If you’re applying for a green card based on your family relationships (such as a spouse), both you and your sponsoring family member may be required to appear for the interview. However, there are exceptions – such as when the sponsoring family member lives in a different country, or when you’re applying for a green card from within the United States.

    If you’re applying for a green card as an employee, only you need to attend the interview. Your employer doesn’t have to attend with you.

    Marriage Green Card Interviews - What Happens During an Immigration Interview

    A Word on Marriage Green Card Interviews

    When you apply for a green card based on your marriage to a U.S. citizen or lawful permanent resident, you can expect to be required to attend an interview. Usually, you and your spouse both have to show up to a marriage green card interview. During this interview, your interviewer will review your application and go over your answers with you – and your interviewer will also try to determine whether your marriage is legitimate. That’s because many people try to commit immigration fraud by getting married. It’s your interviewer’s job to make sure you’re in a bona fide (genuine) marriage, and that you didn’t simply get married so that you could get a green card.

    During your marriage green card interview, the official interviewing you will most likely ask questions like these:

    • How did you two meet?
    • How long did you date before you got married?
    • Who proposed, and what’s the story of your proposal?
    • What was your wedding like, and who attended it?
    • Did you perform (or did someone else perform) any special rituals at your wedding?
    • What kind of food did you serve at your reception?
    • Did you go on a honeymoon? If you did, where did you go?
    • What is your daily life like at home?
    • How often do you communicate with each other when you’re apart?
    • Who cooks and who cleans around the house?
    • How do your children get to school?
    • What are your kids’ favorite activities? Their favorite foods? Who are their friends?
    • Which side of the bed do you sleep on?
    • Does your spouse take any medications?
    • When is your spouse’s birthday, and what do you do to celebrate?
    • What’s the most important holiday in your household, and how or where do you celebrate it?

    The purpose of these questions is to ensure that you’re in a genuine marriage. Your interviewer will be looking for signs that you and your spouse aren’t married because you’re in love, or that you don’t live together and are only married on paper.

    To be very clear, it’s okay if you trip up. Even couples who have been married a long time may have difficulty remembering which medications a spouse takes, who their kids hang out with, or remembering small details. Your investigator is looking at the big picture.

    What’s not okay is being dishonest. If you don’t know the answer to a question, just say so; don’t try to make something up. Making up answers is bad news for your case, because it makes you less credible – and you need the investigator to understand that you’re in a bona fide marriage. If the investigator suspects you’re being dishonest, they may call you back in for a Stokes interview.

    What is a Stokes Interview?

    A Stokes interview is another chance for a couple to prove that they are engaged in a legitimate marriage period during this type of interview, and immigration official will interview you and your spouse together and separately.

    First, the immigration officer will most likely explain to both of you why another interview is necessary. After doing so, the official will most likely separate you from your spouse and ask you questions individually. These questions may be very personal, but rest assured that your spouse is getting the same questions you are. you can expect questions similar to those in your first interview, such as how you met and who proposed. The official may also ask you questions such as:

    • Who typically does the dishes?
    • Do you pay your bills online, or do you write checks?
    • Who gets up first in the morning?
    • How many sinks and toilets are there in your home?
    • Where did you buy your furniture?
    • Who is your phone service provider?
    • What television shows do you watch together or separately?
    • How often do you go out to eat?
    • Where do you keep your toothbrushes?
    • Who fell asleep first last night?

    The immigration official will then compare your answers to see if they match.  

    After both interviews are complete, the immigration official will bring you and your spouse back to the same room together. At that time, they’ll ask you and your spouse to explain any discrepancies in your answers. This type of interview is your last opportunity to convince the immigration official that your marriage is real, and that you didn’t just get married to obtain an immigration benefit. After your interview, the immigration official may approve your petition or deny it. If your petition is denied, you may wish to talk to an immigration attorney about your options.

    Immigration Interviews for U.S. Citizenship

    When you apply for citizenship, you can expect to attend an interview. During this interview, an immigration official will go over your application and verify your answers. They may also ask you additional questions.

    You’ll take your U.S. citizenship test during your naturalization interview. Usually, immigration officials make a decision following this interview. If USCIS needs more information, you won’t receive a decision immediately; you can expect a request for more information to follow.

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

    Do You Need to Talk to an Immigration Attorney About Your Immigration interview?

    If you need to talk to an immigration attorney about an upcoming immigration interview (or anything else related to immigration), 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.

  • Green Card Through Marriage: Everything You Need to Know

    If you marry a United States citizen or lawful permanent resident, you could be eligible for a green card. A green card is proof that you’re a lawful permanent resident of the U.S., and it enables you to live and work anywhere you wish. But how do you get a green card through marriage, and when do you become eligible? This guide explains everything you need to know about getting a green card based on your marriage to a U.S citizen or lawful permanent resident.

    What is a Marriage Green Card?

    There isn’t a special type of green card for people who marry United States citizens or lawful permanent residents; everyone gets the same type of green card. However, the eligibility requirements for a green card through marriage are different than they are through other paths. Often, people find it easier to get a green card through marriage then they do through a work visa or another program.

    Before you can apply for a marriage based green card, you must be married to a U.S. citizen or lawful permanent resident.

    Your sponsor has to petition the U.S. government for your green card. Your spouse is considered the petitioner or sponsor for your green card, and you’re the beneficiary. You aren’t allowed to apply for your own green card through marriage except in special circumstances. (See the later section, “Green Cards for VAWA Self-Petitioners,” for more information.)

    Working on a Green Card

    When you have a green card, you can work anywhere you’d like without special authorization from the government. That’s true even if you came to the United states on a work visa or you needed an Employment Authorization Document (EAD) to work before you married your spouse.

    Going to School on a Green Card

    You’re allowed to attend a college, university or trade school when you have a green card – there’s no special authorization required. You may also participate in on-the-job training programs, get an apprenticeship or attend special certification courses without permission from the U.S. government.

    Related: What happens if you abandon your green card?

    Who Qualifies to Get a Green Card Through Marriage?

    You may be eligible to get a green card based on your marriage to a citizen or lawful permanent resident. However, your marriage must be legally valid and genuine. U.S. immigration law says that it must be a bona fide marriage. That means that you’re married because you want to spend the rest of your life with your spouse – and that you didn’t simply marry them to get an immigration benefit (like a green card).

    You must also be admissible to the United States.. You’re inadmissible (meaning that you can’t enter the U.S.) if any of the following grounds of inadmissibility apply to you:

    • You have a serious substance abuse problem.
    • You’ve been convicted of drug trafficking.
    • You don’t have the proper vaccines to enter the country, or you have a communicable disease “of public health significance,” such as tuberculosis. However, waivers are sometimes available.
    • You’ve been convicted of or admitted to a crime of moral turpitude. A crime of moral turpitude is a crime that most people find shocking or against the rules of morality. Some examples of these crimes include murder, rape, spousal or child abuse, and animal fighting. There are many other crimes that fall under this term, as well, but sometimes waivers are available.
    • You violated immigration laws, though you may be eligible for a waiver.
    • You’re a spy, terrorist or insurgent, or Nazi.

    Even if you’re already in the United States, the government must determine that you’re admissible before you can get a green card through marriage (or through any other means).

    Waivers are available for some grounds of inadmissibility. Your Port Chester immigration attorney can talk to you about the specifics if any of them apply to you.

    Eligibility Requirements

    If you’re admissible to the United States and you’re married to a green card holder or U.S. citizen, you may apply. However, your spouse must show that they have the financial means to support your entire household. Additionally, your spouse must actually live in the United States (or intend to return to the U.S. with you if you’re both living abroad).

    Can Your Kids Get Green Cards, Too?

    Your unmarried, foreign-born children may be eligible to get green cards at the same time you do if they’re under the age of 21 at the time you apply. It’s okay if they’re not your current spouse’s biological or adopted children. They may be eligible based on their relationship with you, rather than their relationship with your spouse. You should talk to your immigration attorney about obtaining marriage-based green cards for your children; she can give you the legal advice you need.

    Guide to Green Card Marriage in the United States

    Applying for a Marriage Green Card

    Many people choose to work with an immigration attorney to get a green card based on marriage. That’s because the application process can be complicated and time-consuming, and even a small error could lead to rejection.

    When your attorney helps you apply for a marriage-based green card, she’ll file Form I-130 to establish your marital relationship. She needs to include several types of documentation with this form, including proof that your spouse qualifies to sponsor you and that you’re legally married. Your attorney will also include proof that you’re in a bona fide (genuine) relationship with your spouse, such as:

    • A joint lease
    • Joint bank statements
    • Photos of you and your spouse together
    • Receipts for gifts you and your spouse have gotten each other

    Then, your attorney will fill out and file Form I-485 or Form DS-260 for you. That form also needs supporting documentation, including proof of your nationality, that you entered the U.S. lawfully, and that you don’t have any communicable diseases that could pose a public health threat. Your lawyer may need to fill out a number of other forms, too, depending on your situation (such as an application for employment authorization or for travel authorization). You may also need to provide USCIS with other types of documentation, which your attorney will explain to you.

    Green Cards for VAWA Self-Petitioners

    Under most circumstances, your spouse must petition the government for your green card. You’re not allowed to apply for yourself. However, in some cases, people are allowed to apply for their own green cards. If you’re the victim of domestic abuse or cruelty, you may be eligible to apply for your own green card under the Violence Against Women Act (VAWA). You don’t have to be a woman to apply; it’s open to all victims of abuse or cruelty.

    If you apply for your own green card this way, you’re called a VAWA self-petitioner. You may still be able to get a green card without your spouse’s knowledge or consent. If you’re in a situation like this, let your attorney know – she can help you fill out and file the appropriate forms with USCIS.

    Related: What happens to your work permit after cancellation of removal?

    The Marriage Green Card Interview

    After your attorney has filed your petitions and supporting documentation, you have to participate in a green card interview. A U.S. Citizenship and Immigration Services (USCIS) officer will interview you. This officer’s primary job is to determine whether your marriage is genuine. That means the officer looks for evidence that you married just to get a green card – and if they find any, the government will deny your petition.

    Your interview will take place at the USCIS office nearest your home. If you live abroad, your interview will take place at a U.S. embassy or consulate in your home country.

    How the Length of Your Marriage Determines What’s Next

    If you’ve been married for fewer than two years and USCIS approves your petition, you’ll receive a conditional green card that’s valid for two years. If you’ve been married for more than two years, you’ll receive a permanent green card that’s valid for ten years.

    A Word on Conditional Marriage-Based Green Cards

    A conditional green card is only temporary. It’s valid for two years. Before those two years are up, you must apply to remove the conditions; if you don’t, the government can deport you. (The condition is really that you remain married to your spouse for at least that length of time.) Your attorney can help you remove the conditions from your green card. After the conditions are removed, you receive a permanent green card.

    Related: The complete guide to deportation

    How Long Does it Take to Get a Green Card Through Marriage?

    Though processing times vary, it typically takes USCIS between 9 and 36 months to process a green card application. Your immigration attorney can keep track of your application and keep you updated on its status while you wait.

    Marriage Green Cards in the United States

    Common Questions About Green Card Marriage

    Check out these commonly asked questions about marriage-based green cards. If you don’t see the answer to your question here, please call our office at 914-481-8822 to ask – we’ll be happy to give you the answers and legal guidance you need.

    How Long Do You Have to Be Married to Get a Green Card in the U.S.?

    You typically have to be married for at least two years to get a permanent green card. However, you can get a conditional green card before you’ve been married that long. After you remove the conditions from your green card – which you do by showing that your marriage is legitimate (and that you’re still married to the same person) – you may receive a permanent green card that’s good for ten years.

    Related: U visa processing times

    What Happens to Your Green Card if You Divorce?

    If you divorce your spouse before the government issues you a green card, the whole process stops. That’s because you were eligible for a green card based on your marriage to a U.S. citizen or lawful permanent resident – and now that you’re divorced, that relationship no longer exists. You cannot get a green card if you divorce while USCIS is processing your application.

    If you divorce your spouse while you have a conditional green card, you need to prove that your marriage was genuine and that you didn’t commit immigration fraud. There are some special circumstances, such as when you’re a VAWA self-petitioner, that enable you to apply for your own green card if you divorce before your marriage is two years old.

    If you divorce your spouse while you have a permanent green card, which is good for ten years, it probably won’t affect your green card renewal. However, you can contact an immigration attorney if you aren’t sure or need help with your renewal.

    Can You Marry Someone Just to Get a Green Card?

    It’s illegal to marry someone just to get a green card. When the U.S. government finds out that you committed immigration fraud, you’ll be removed from the country. If you’re removed, you won’t be allowed to come back for a set period of time – even if you have a home, a job and other ties to the United States.

    Do You Need to Talk to an Immigration Attorney About Getting 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.

  • USCIS Extends Time for Respond

    Great news regarding responding to deadlines set by USCIS. A couple of days ago USCIS announced that they are extending the flexibility in responding to their Notices. Originally announced in March 2020, now it is continued, USCIS  will grant additional time for applicants to respond.

    What notices does this USCIS notice apply to?

    To help  applicants, petitioners, and requestors who are responding to certain:

    • Requests for Evidence;
    • Notices of Intent to Deny; Notice of Intent to Revoke; Notice of Intent to Rescind; and
    • Motions to Reopen an N-400

    What does this update actually mean?

    If you received any notice from USCIS that sets a date for you to respond, and the notice bears a date From March 1, 2020 and March 26, 2022, USCIS is giving extra time. For example if you received a Request for Evidence dated December 20, 2021 which says you have 30 days to respond, USCIS is granting more time to respond.

    How Much more time do I have to respond?

    60 calendar days after the response due date set in the request or notice.

    This flexibility applies to the documents above if the issuance date listed on the request. But only for notice or decision issued between March 1, 2020, and March 26, 2022.  USCIS will accept responses received within 60 calendar days after the response due.

    Is there a special rule regarding deadlines to file an Appeal?

    Yes, there is a special deadline, For Form I-290B, Notice of Appeal or Motion, or Form N-336, USCIS will consider as follows:

    • The form was filed up to 90 calendar days from the issuance of a decision; and
    • USCIS made that decision between Nov. 1, 2021, and March 26, 2022.

    Should I respond with the original deadline or should I take my time and respond with the extended deadline?

    I know that USCIS has erroneously denied cases even though the response was within the extended deadline. If you can respond within the original deadline, I would do everything possible to do that.