Q. What is considered a conviction? A: First it is important to note what constitutes a conviction for immigration purposes. According to USCIS, "conviction" means a formal judgment of guilt entered by a court, or an adjudication of guilt is withheld if a judge or jury...
The priority date for the First Preference of Family-Based Petitions (unmarried sons and daughters of US Citizens) moved forward by three months while those of the Third Preference (skilled workers and professionals) and Unskilled Workers of Employment-Based Petitions advanced by four-and-a-half months in the May...
Q: How do I apply for a T Nonimmigrant Visa? If you are a victim of a severe form of trafficking, you must submit a Form I-914, Application for T Nonimmigrant Status. The Form I-914 requests information regarding your eligibility for T nonimmigrant status, as...
If you obtained an immigrant visa as single son or daughter of a Lawful Permanent Resident or a U. S. citizen but you are actually married at the time of your entry to the U. S., you committed a misrepresentation of material fact in obtaining...
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 subsequent petition if the...
Question: Are Temporary Protected Status immigrants who entered the U.S. without inspection qualified to adjust status? Answer: Yes. Originally, TPS are subject to unlawful presence bar. With the new development in the Matter of Arrabally, the Board of Immigration Appeals ruled that travel using advance parole...
Marriage fraud interview is the hardest part in getting a petition for spouse approved. It is now becoming a standard procedure to have a marriage fraud interview if you filed a petition for your spouse. Any petition for a spouse or children based on marriage...
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 impact your ability to...
By August 1, 2013, the priority date for F-2A for Spouses and minor children of permanent residents will be current. We will discuss the actions necessary to take advantage of this opportunity. Beneficiary is in the United States 1. If the beneficiary is in the United States...
We have filed immigrant visa petition based on same sex marriage as soon as the USCIS issued guidance that they will accept the filing. Please note that not only U.S. citizens may file a petition under the newly approved law. Green card holders may also...
The ruling of the U.S. Supreme Court that makes DOMA unconstitutional paves the way for gay and lesbian partners to apply for green card. Question: What did the Supreme Court rule about DOMA? Answer: The U.S. Supreme Court held that Section 3 of the Defense of Marriage...