The Immigration and Nationality Act Sec. 204 (c) prohibits the approval of a subsequent petition if the alien committed marriage fraud in a prior petition. It also prohibits the approval of the first petition if the Attorney General determined that the marriage is a sham. The...
Most of the questions about the reinstatement of petition involved where the beneficiary is at the time of death of the petitioner under the new law. It is explicit in the law that the beneficiary must be in the United States to benefit under this...
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...
It is important to know that a petition may continue despite the death of the petitioner under certain circumstances. This benefit came into law under Public Law 111-83 signed by President Obama and was incorporated in the Immigration & Nationality Act Section 204 (l). Under...
For those who used a different name or passport upon their entry to the U.S., they still have a chance to get a green card. Question: What relief is available to aliens who entered the United States using a different name? Answer: If you are applying for...
If you filed a petition for your spouse, you must be prepared for a four hour marriage fraud interview. Any petition for a spouse or children based on marriage to a U.S. citizen is a candidate for marriage fraud interview. Once an application for adjustment...
There are situations when the conditional resident alien could not file a joint I-751 petition. These situations include non-cooperation of the U.S. citizen spouse to file the petition because of certain marital problems. These problems could be a pending divorce, spousal abuse, or just neglect. ...
Aliens who entered as seaman or crewman can adjust status if they have Sec. 245(i) eligibility. This means that they are beneficiary of an immigrant petition or labor certification filed before April 30, 2001. The petition could be from a sister, brother or parents to...
Question: Can those who entered without inspection adjust status? Answer: Yes, if they have Sec. 245(i) eligibility. This means that they are beneficiary of an immigrant petition or labor certification filed before April 30, 2001. Question: What about those who have no Sec. 245(i) eligibility, can they...
The Obama administration announced that it will propose a rulemaking to change the procedure in applying for waiver of unlawful presence. The proposed rule will allow an alien to file an I-601 waiver in the U.S. and wait for approval before departing the U.S. to...
Question: Under the U. S. Immigration laws a waiver of misrepresentation may be granted if the applicant has a parent, spouse, son or daughter who is a U. S. citizen or lawful permanent resident. What happen if the U.S. citizen parent or any of the...
Question: Who are the derivative aliens? Answer: Derivative aliens are the spouse and minor children of the principal alien who was petitioned for immigrant visa or labor certification. Question: What is adjustment of status under Sec. 245(i)? Answer: Aliens who are in the United States may adjust status...