By Atty. Crispin Caday Lozano Question: I am the beneficiary of a petition by my same sex partner in California which recognizes legality of same sex marriage. How many years do I have to wait to file for my naturalization? Answer: Marriage to a U.S. citizen shouldn’t...
By Atty. Crispin Caday Lozano The Department of Homeland Security issued a memorandum on July 29, 2016, expanding eligibility for a provisional waiver of the 3 and 10 year bar for unlawful presence which takes effect on August 29, 2016. Q. What has been expanded? A. The provisional...
By Atty. Crispin Caday Lozano If you entered into a good faith marriage but after the marriage your U.S. citizen of lawful permanent resident spouse is abusing you, then you do not have to sacrifice to get your permanent resident. You can immediately apply for a...
By Atty. Crispin C. Lozano Many fiancée who came to the United States and did not marry the U.S. citizen petitioner could not adjust status unless they qualify under the Violence against Women Act. However, there is a new provision in the law that allows these...
By Atty. Crispin Caday Lozano The U.S. Citizenship and Immigration Services (USCIS) announced the renewal process for hundreds of thousands of young non-citizens who received a grant of Deferred Action for Childhood Arrivals (DACA). Renewal of DACA ensures current DACA holders will continue to be safe...
By Atty. Crispin Caday Lozano If you were petitioned by your spouse and you received a decision from USCIS stating a finding of marriage fraud you should immediately consult an experienced immigration attorney. The Immigration and Nationality Act Sec. 204 (c) prohibits the approval of a...
By Atty. Crispin Caday Lozano Q: Can a person ordered removed in absentia have his case reopened? A: The law allows two main situations where individuals who were ordered removed or deported in absentia can reopen their cases: (1) they did not receive notice of the hearing,...
By Atty. Crispin Caday Lozano If you obtained an immigrant visa as single son or daughter of a Lawful Permanent Resident or a U. S. citizen but you were actually married at the time of your entry to the U. S., you committed a misrepresentation of...
By Atty. Crispin Caday Lozano The process for determining the age of the child beneficiary—either direct or derivative—of a Family-sponsored or employment-based visa petition or of a diversity visa application under the CSPA is more complicated. The statutory formula for these cases is that the child’s age will...
By Atty. Crispin C. Lozano When a person applies for an immigrant or non-immigrant visa, for adjustment of status to become a permanent resident of the United States, or for citizenship or naturalization, a lack of good moral character, a finding of moral turpitude, and certain...
By Atty. Crispin Caday Lozano Sometimes, for lack of guidance from an experienced immigration attorney, applicants for immigration benefits, including those seeking K-1 or K-2 visas, makes a fraudulent action or willful misrepresentation. In these cases, the applicants are required to file Form I-601 or Application...
By Atty. Crispin C. Lozano There is a limited situation wherein seamen who came to the United States and married a U.S. citizen spouse could adjust their status to that of lawful permanent resident. The first question to answer is: Do they have Sec. 245(i) eligibility? ...