Articles Posted in Family Immigration

The process of bringing your foreign fiancé to the U.S. can be challenging and difficult to navigate, as there are several requirements. A great first step you can take to jumpstart a life together with your significant other in the U.S. is to understand the legal requirements associated with bringing your fiancé to the U.S. and the initial steps of the process. 

1. Meet the Requirements

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In order to apply, you as the applicant or petitioner must meet the following requirements:

AdobeStock_483211582-300x200If you have a family member seeking permanent residence in the U.S., you may be able to help them apply for a green card. A green card allows people with a legally recognized relationship to live, work and attend school in the U.S. without needing a work visa or a student visa. 

However, the process does not come easy and can take more or less time depending on your family’s specific situation and ability to meet specific eligibility requirements. Whether you are a U.S. citizen or legal permanent resident looking to petition for a family member, there are options that may be available.

Here are some of the ways you can get started with helping your non-citizen family member to apply for a green card:

USCIS—the government agency that receives most of the country’s asylum applications—has opened a new office in Tampa, Florida. Before this happened, everyone who was not in immigration court and who applied for asylum in the entire state of Florida had to go to Miami for their asylum interview. Sure there were exceptions, on occasion, asylum officers would go to Jacksonville, Florida to conduct interviews, but those interviews were few and far between.

Now, people from Pensacola to Jacksonville to Tampa no longer have to make the long and expensive trip to Miami for an asylum interview. Now, people from the Tampa Bay area, parts of Central and all of North Florida will head to Tampa for their interviews to see if they will be granted asylum. This is great news for everyone involved. This will make it easier for asylum applicants to travel to their interviews, this will make asylum interviews happen more frequently for all Floridians as there are now two offices and more officers conducting interviews. This will also make it more cost-effective for asylum applicants to bring their attorneys to their asylum interviews.

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USCIS has not yet released all the details or the exact geographical boundaries for the Tampa asylum office. What we do know is they are already open as of June, 2021 and they are already conducting interviews. The office is in the same building as ICE, so if you have been reporting to the Tampa ICE office for check-ins and you are called for an asylum interview, you will go to the same building. The address of the office is 524 W Cypress St, Tampa, Florida, 33607 right near the Tampa International Airport.

TPS is back for citizens of Haiti! USCIS announced that as of Friday May 21, 2021, Haitians in the United States may qualify for Temporary Protected Status, also known as TPS.

https://www.dhs.gov/news/2021/05/22/secretary-mayorkas-designates-haiti-temporary-protected-status-18-months

WHO WILL QUALIFY FOR THE NEW HAITIAN TPS?

The U.S. Supreme Court recently issued a decision in Niz-Chavez v. Garland that could help thousands of people who have been in the U.S. for over a decade and who do not have lawful immigration status. The exact people who are helped by this decision are people who are or were in immigration court removal proceedings and are eligible for a form of relief called Cancellation of Removal for Certain Non-Permanent Residents. This decision can help people who have been in the U.S. for more than a decade, have good moral character and who have a close relative who has lawful immigration status and who will suffer greatly if they are deported. There are other requirements for Cancellation of Removal which are outlined below.

WHO WILL BE HELPED BY THIS DECISION?

If you are or were in immigration court removal proceedings and you would be eligible for Cancellation of Removal, but immigration officers sent you a document called a Notice to Appear less than 10 years after you entered the U.S., this decision could be a game changer for your case. Why? Because in 2018, the Supreme Court said in a decision called Pereira v. Sessions that if the Notice to Appear you received does not have the time, date and location of your first Court hearing, then it is legally deficient. Why is that important? Because of something called the stop time rule. The stop time rule says that if you are otherwise eligible for Cancellation of Removal, but you are sent an NTA before you have been then the U.S. for the required 10 years, then you are not eligible for Cancellation of Removal. That is because receiving an NTA stops the clock on your 10 years of physical presence in the U.S., which is required to qualify for Cancellation.

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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