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Articles Posted in Family Immigration

If my N-400 Application for Naturalization (U.S. Citizenship) has been denied by USCIS, what should I do now, what can I do now? What chances do I have to still become a U.S. citizen?  What will happen next? Will I be deported? Do I lose my status and my green card?

These are all very common questions that lawful permanent residents ask themselves after they receive a denial letter after an N-400 citizenship interview. Receiving a denial letter from USCIS telling you that you will not become a citizen may be heartbreaking to people who have held a life-long dream to become a U.S. citizen. But an N-400 denial letter is often not the end of the road and there are many options available to people who receive an N-400 denial letter.

The first thing to remember is that you do not only get one opportunity to apply for U.S. citizenship. That’s right, even if you are denied, most of the time, you can reapply; you do not get just one bite at the apple. So depending on why you were denied, you may be able to wait a few days, months or years and apply again.

It has finally happened, President Biden is set to announce that as of Monday, March 8, 2021, Venezuelans in the United States may qualify for Temporary Protected Status, also known as TPS.

WHO WILL QUALIFY FOR VENEZUELAN TPS?

The exact requirements for Venezuelan TPS have not yet been published (they should be soon), but based upon the TPS law and past TPS announcements, here is what I anticipate will be the TPS requirement for Venezuelans:

On his last full day as President, Donald Trump issued a “Memorandum on Deferred Enforced Departure for Certain Venezuelans.” There is much confusion about what this means for Venezuelan citizens in the United States. USCIS, the agency that handles applications for immigration benefits like Deferred Enforced Departure (DED), has not yet issued guidance or instructions for how to apply for Deferred Enforced Departure. However, other countries and regions have benefited from Deferred Enforced Departure in the past and that can provide guidance for how Venezuelan Deferred Enforced Departure will be rolled out by the Department of Homeland Security.

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Here is what we do know about Venezuelan Deferred Enforced Departure:

  • It will last for at least 18 months and can be renewed;

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Beginning on February 24th, 2020, most non-citizens applying for a greencard have been subject to a dramatic change in the Public Charge Rule.  This change is going to present an additional burden on those seeking a greencard, including the need to fill out and submit a new form, the need to present additional evidence, and the potential need for a joint sponsor.  It will also increase the number of greencard denials.


What is the Public Charge Rule?


Section 212(a)(4) of the Immigration and Nationality Act makes any person likely to become a public charge inadmissible.  The applicant has the burden of proof.  This means that most applicants for greencards must prove to the government that you are not likely to become a public charge.  In the past, it was usually enough to submit an I-864, Affidavit of Support from the Petitioner (U.S. citizen spouse, parent, etc.) along with tax returns showing that the Petitioner made 125% of the federal poverty level.  This is no longer the case.  Now, the government requires a completely new form, Form I-944 to be filed by the applicant, along with new additional evidence.

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There are countless blossoming romances happening right now all around the world.  Many of those relationships involve couples who have large age differences, religious differences, cultural differences, and more.  Often, U.S. citizens fall in love with and marry people from other countries.  The process of obtaining a greencard (officially known as a Lawful Permanent Resident card) for that spouse should be easy.  But it’s not.  Even if the marriage is clearly real, the non-citizen spouse can be denied a greencard if you do not submit sufficient evidence that the marriage is real.


What do I have to prove in order to get my non-citizen spouse a greencard?


The process is different depending on your circumstances (i.e. is your spouse in the country or out of country), but one thing is always required.  If you are filing a petition with USCIS (United States Citizenship and Immigration Services) to establish your relationship to your spouse, you will have to prove that the marriage is “bona fide.”  In other words, you have to prove that your marriage is real.  It was not entered into for the sole purpose of evading the immigration laws.  This doesn’t mean that a couple can’t decide to get married earlier than they normally would so they aren’t separated when the non-citizen has to leave the country.  It simply means that two people can’t get married solely so the non-citizen can stay in the U.S. when they do not intend to live as husband and wife.

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Orlando immigration attorneys and Jacksonville immigration attorneys know the frustration of the Infopass system.  Appointments are few and far between.  When an appointment becomes available, there is a mad rush to reserve your spot.  Clients often get frustrated that an appointment cannot be made more quickly. And once an appointment is finally made, the answers are often not very useful.

There are few agencies that are more tightly wound in red tape than the United States Customs and Immigration Services (USCIS).  You can’t just pick up a phone and give them a call.  You can’t simply drop in and ask a question.  There is a process.  Not a very good process.  But there is a process.  If you have a question about your pending application or petition, you can set what is called an “Infopass appointment.”  An Infopass appointment is the vehicle you can use to get answers to your questions.  Unfortunately, you will often get vague or conflicting answers, but sometimes these appointments can be very helpful.

The most common use of the Infopass appointment is to answer the question, “What is taking so long on my application or petition?”  Customers often ask when a decision will be made.  Sometimes, simply having the Infopass appointment can jog the case the loose and get it back in line for a decision.  The adjudicator who you meet with at the Infopass appointment won’t be the adjudicator that decides your case, but they often can look up the status in the system, see where the file is, determine where in the process the case is, and offer other useful information.

Congratulations! You recently got married and your new spouse is a U.S. citizen, but you are not. One of the first questions on your mind may be: how do I get my green card now that I am married to a citizen? The answer could be fairly simple—or quite complex. No matter what your situation, if you marry a U.S. citizen and want to adjust your status (become a lawful permanent resident) go see an experienced and trusted immigration attorney for a consultation. https://www.slgattorneysflorida.com/john-gihon.html

Many experienced and knowledgeable immigration attorneys may charge you a nominal fee for the consultation, but it is definitely worth it. Remember the old saying, “you get what you pay for,” well that is usually the case with free advice from attorneys. An attorney who charges you a consultation fee will likely spend more time preparing for and with you during the consultation. An attorney who gives you a free consultation may not want to spend anymore time with you or talking to you then they have too, remember, an attorney’s time and knowledge is their money.

Now back to how to try and get your green card now that you are married to a U.S. citizen. My guidance will start with the premise that you and your new spouse married for love and not solely for an immigration benefit—this is not a “how to engage in marriage fraud” piece. Still, be sure to document your new life together, or as we say in the field, gather evidence that you have “co-mingled” your lives. That means if you have not already open a joint bank account that you will put money into and use for marital expenses, do it now. Add each other to car insurance, life insurance, health, dental, vision insurance and retirement accounts. If you buy a house or apartment or condo, make sure both of your names are on the deed and mortgage. If you rent, make sure your existing lease is amended to add your spouse and any new lease has both of your names on it. Add your spouse to your credit cards or open new ones in both names. If you have utility, cable, and cell phone bills, add your spouse’s name. Every piece of paper, bill, or invoice that you can produce, post-marriage, that has both of your names and your marital address on it, will go a long way to convincing the immigration officers that your marriage is real and not solely for immigration purposes.

This is a very common question we receive all the time, “How do I get my fiancé a visa to come to the United States?” Should my fiancé come over on a visitor visa and then we will get married? Should I file a fiancé visa for her to come over and then we get married? These are all very good questions, and the answers very much depend on the facts surrounding each case.

Lets start with a brief overview of United States visas available for domestic relationships. If a U.S. citizen is married to someone who is not a citizen, the U.S. citizen can file an I-130 Petition for their spouse, which if approved, will provide the spouse with a visa and an opportunity to apply for a green card immediately. If a lawful permanent resident is married to someone who is not a citizen or lawful permanent resident, the process is the same, but once the I-130 is approved, there will be a wait of potentially several years before the spouse can apply for their green card.

If you are a lawful permanent resident of the U.S. and your fiancé lives in another country, sorry but you are out of luck. There is no visa available for the fiancé of a lawful permanent resident. You will either to apply to become a citizen and then file for a fiancé visa, or you will have to get married before you file the I-130 for your spouse.

If you receive your 2-year green card through your spouse, then it is VERY IMPORTANT TO REMEMBER, that 90 days before the expiration of the your card (90 days short of your 2-year anniversary of getting your card) you can file an I-751 Petition. You have until the expiration of your card to file that I-751. If you fail to file the I-751, for any reason, USCIS will terminate your conditional permanent resident status and likely issue you a Notice to Appear (NTA) to go to immigration court and prove why you should not be deported.

If you miss your 90 day filing window, don’t panic, there are sometimes excuses for filing after that time period, but you must specifically ask USCIS to accept your late-filed I-751 and give them a good reason why. If you don’t ask them to accept your late I-751 and don’t give them a good reason why you filed late, they will likely deny your I-751. If you missed your 90 day window, or preferably before you miss your window, consult with an experienced and preferably Board Certified immigration attorney to review your case and give you advice (like me: https://www.slgattorneysflorida.com/john-gihon.html). Or don’t talk to an attorney and risk wasting your money and time and having your Petition denied because you don’t know what you don’t know about immigration law.

Now that you know who has to file an I-751 and when you have to file your I-751, we can discuss how you file it. There are three different ways to file your I-751 and each depends on your marital status at the time you are ready to file (the 90 day window) and the hardship you would face if you were deported.

This is a question that many conditional permanent residents (married immigrants with 2 year green cards) face when they receive their decision letter on their I-751 Petitions. My I-751 was denied, what do I do now? Do I need an attorney? Am I going to be deported? What are my options? Can I appeal the denial decision? Can I file another I-751? Can I marry someone else and try to adjust status again? What are the bonafides of a marriage?

These are all extremely good questions and I will answer all of them. But before I answer the questions, its important to begin from the beginning about the entire process. If everyone understands where we have been, its easier to know where we are going.

When a non-citizen immigrant marries a U.S. citizen or lawful permanent resident (LPR), the U.S. citizen/LPR can file something called an I-130 Petition for Alien Relative. If approved, this Petition will allow the non-citizen spouse to receive an immediate relative visa that allows the immigrant to become a lawful permanent resident. If the immigrant’s spouse is in the United States at the time of marriage and eligible to adjust status in the U.S. (because they were admitted or paroled into the United States at their last entry), the petitioning spouse can file the I-130 and the non-citizen beneficiary can file an I-485 Application to Adjust status all at the same time. If the non-citizen beneficiary is not in the U.S. or not eligible to adjust status in the U.S., then the I-130 Petition comes first, and if approved, the non-citizen spouse can attempt to consular process and obtain their green card through a U.S. embassy overseas.

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