Many times our clients are being held at a local police station or sheriff office and haven’t been transferred to Immigration (U.S. Immigrations and Customs Enforcement) yet. The U.S. Immigrations and Customs Enforcement (USICE) usually places a hold or a detainer on the non-citizen giving the USICE 48 hours to arrest the person and file deportation changes against them. This is when you should call us to see if there is a way to stop the deportation.
What documents are typically required for a family based immigration petition?
Depending on the relationship between the Sponsor and the Beneficiary, these are the typical documents required: certificate of naturalization, birth certificate, marriage license, adoption paper, and/or a divorce decree. In most cases, the Sponsor needs to provide employment verification, often tax returns and W-2 forms for recent years. Other information required of the Beneficiary includes the passport, visa, I-94, photos, and medical examination report.
A fiancé(e) visa is a special visa, K-1, issued to an alien who seeks to enter the United States to marry a U.S. citizen. First of all, the U.S. citizen Sponsor has to file a petition with the USCIS. Once approved, the alien fiancé will apply for a K-1 visa at a U.S. Consulate overseas. On a K-1 visa, the alien has to marry the U.S. citizen Sponsor within 90 days after the alien enters the United States.
I’m a U.S. citizen, and filed an I-130 for my husband who is right now in his home country. However, the I-130 is pending. Can my spouse come to the U.S. to live while the visa petition is pending?
Yes, he can. Once you file a form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him to come to the U.S. to live and work while the visa petition is pending. However, it is not necessary for your husband to obtain a K-3 visa in order to come to the U.S. to live and work. Your husband may wait abroad for immigrant visa processing. Seeking a K-3 visa can be a method for him to come the U.S. more quickly.
What is a Conditional Green Card?
A Conditional Green Card is issued to the Beneficiary if the Beneficiary is the spouse of the U.S. citizen Sponsor and the marriage occurred less than two years before the Beneficiary is admitted as a U.S. permanent resident. Generally, both spouses need to jointly apply to remove the condition within 90 days before the second anniversary of the Beneficiary’s admission as a permanent resident. Failure to do so will result in the termination of the Beneficiary’s conditional permanent residence. [INA 216 (c)]
Can new immigrants work legally in the United States?
Yes. If the Beneficiary is already in the United States and has applied for permanent residency, he or she can apply for an Employment Authorization Document (EAD) at the same time. Within three to four months, long before the Beneficiary actually receives the Green Card, the Beneficiary will be able to start to work legally in any profession with an EAD.
What if the Beneficiary needs to travel overseas while waiting for the Green Card?
Due to the huge backlog within the USCIS, it may take up to two years for the Beneficiary to receive the Green Card after the application for adjustment of status has been submitted. During this waiting period, the Beneficiary can apply for an Advance Parole, which allows him or her to travel overseas and come back to the United States without affecting the Green Card application. The only prerequisite for an Advance Parole is that the Beneficiary has maintained a legal status throughout his or her stay in the United States.
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