Visa Lawyer Blog

Articles Posted in Family Visas

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By Lupe Lopez

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Richard and Micaelina met when they both first started attending school at the University of California, San Diego (UCSD).  It was easy to see why Richard had fallen in love with Micaelina, an articulate and funny Italian beauty.  After two years of dating they decided to get married and begin the immigration process for Micaelina.  They had everything in order except one little thing; well, maybe not so little.  Being a full time student, Richard did not earn enough money to fulfill the requirements for the Affidavit of Support.  They would need a joint sponsor; that is, a person with enough annual earnings or assets to qualify for the affidavit.

Richard had not thought of this.  Both he and Micaelina had depended upon student loans and their parents for most of their expenses.  Although Micaelina’s parents were well off and could continue to help the young couple, they were foreigners with no legal status in the U.S. thus disqualifying them as joint sponsors.  Richard’s parents are hard-working middle class people with other children they need to support.  They are not poor, but because they already claim several dependents, they, too, did not qualify.  Most of Richard and Micaelina’s friends were students just like them and they did not earn sufficient money to help the young couple.  After many months of searching for a suitable sponsor and one who was willing to sign the Affidavit of Support contract between the sponsor and the U.S. government, Richard and Micaelina finally found a person willing to help them.

Richard and Micaelina are not alone.  In our constantly busy office, there is not a single week that goes by where we do not run into this same problem.  When the Petitioner, in this case Richard, does not earn enough or have enough assets to fulfill the requirements for the Affidavit of Support it can be more difficult than expected to find a joint sponsor.

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What is the purpose of filing an I-751 Petition for Removal of Conditions?

If you were granted conditional residence based on your marriage to a U.S. Citizen or legal permanent resident, you must file the I-751 Petition to Remove Conditions on your Permanent Resident Card. This form allows the conditional resident to request USCIS to remove the conditions on their residence. For conditional residents who are still married, the petition must be filed jointly with your spouse through with you gained your conditional residence.

But what happens when the marriage ends in divorce, annulment, or other factors?

The conditional resident can request for waiver of the joint filing requirement IF any of the following applies:

  1. You entered the marriage in good faith but your spouse died
  2. You entered the marriage in good faith, but the marriage was later terminated through divorce or annulment
  3. You entered the marriage in good faith, but were battered or the victim of ‘extreme cruelty’ by the spouse with whom you gained conditional residence
  4. Your conditional resident parent entered the marriage in good faith, but you have been battered or the victim of ‘extreme cruelty’ by your parent’s U.S. Citizen or permanent resident spouse or by your conditional resident parent or
  5. The termination of your conditional resident status and removal would result in extreme hardship 

For the purposes of this segment, we will focus on what must be proven when a conditional resident’s marriage ends in divorce or annulment.

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By Marie Puertollano, Esq.

When an immigrant gets married with a U.S citizen, the immigrant can obtain a green card either through consular processing, if the immigrant is outside the United States, or through adjustment of status within the United States, if the immigrant entered with a visa and is present in the United States. This article will focus on the interview that will be the last step of the adjustment of status and will take place at a USCIS field office within the United States.

Why are we interviewed?

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USCIS recently announced new policy changes regarding Form I-693, Report of Medical Examination and Vaccination Record. Starting June 1, 2014, USCIS has limited the validity period for all Forms I-693 to one year from the date that USCIS receives the form. This updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1, 2014.

If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

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By Marie Puertollano, Esq. 

Form 1-131 Application for Travel Document is the form you must file with immigration when requesting a travel authorization from USCIS. This Application for Travel Document can be requested in various situations for the purposes of obtaining a reentry permit or advance parole.

One of the most common Form I-131 application’s we file within our practice, is the advance parole for an applicant who has a pending I-485 Application to Register Permanent Residence or Adjust Status application for a green card. While awaiting a decision from USCIS about the green card application, the applicant CANNOT leave the United States without a travel authorization issued by USCIS, or the application will be considered abandoned.  Given that many applicants need to travel while their green card application is pending, we submit an I-485 Application to Register Permanent Residence or Adjust Status application along with Form I-131 Application for Travel Document to request an advance parole which will allow the green card applicant to travel once it is issued by USCIS, approximately 60-90 days after being filed. The applicant need not pay any fees for the I-131 Application for Travel Document, if it was submitted with an I-485 Application to Register Permanent Residence or Adjust Status, to obtain a green card.

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For many, the American Dream has proved to be far beyond reach. This is the story of our client, Rafael Espinoza Iniguez, as told by his wife, Maria:

Life, Liberty, and the Pursuit of Happiness are birth rights our government sought to protect through a living breathing document known as the Declaration of Independence. These “inalienable rights” have been challenged at times by life’s many obstacles and ironies, some of which are brought about by medical conditions, which are alleviated by research institutions, by economic difficulties, which are alleviated by charities, by social pressures, which are alleviated by advocacy groups, and by injustices, which are alleviated by our government; the institution which has declared to protect our rights as citizens. Our government was designed in its inception as a progressive government by our founding fathers, who were dissatisfied by the tyranny of monarchies, and created this nation with the goal of establishing a just government, recognizing the rights all human beings are entitled to. And so, in pursuing our own life, liberty, and happiness, this is our family challenge:

To present our story in order to advocate for comprehensive immigration reform that will allow entrance into the United States for law abiding and deserving individuals, who have come to this great nation in the pursuit of that same happiness our founding fathers were in search of. 

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By Yingfei Zhou, Esq.

Today, June 09, 2014, the U.S. Supreme Court ruled in a 5-4 decision that children who waited for years with their parents to obtain immigrant visas still have to go to the back of the line when they turn 21.

BACKGROUND: The case, Mayorkas v Cuellar de Osorio, began as two separate suits, one joining many individual plaintiffs, and the other certified as class action.  One of the respondents involved in this case is a Salvadoran family-sponsored immigrant who was in line for a visa along with her 13-year-old son.  But after years of waiting, her son turned 21 and government officials said he no longer qualified as an eligible child.  The aged-out son was then placed at the back of the line, resulting in a wait of several more years.

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Common Issues and Preparation Tips

Below are some helpful tips and information that will help prepare you to file for your alien spouse or fiancé. This guide will also cover common issues to avoid that we have come across in our practice.

In order to successfully file a petition for your alien spouse or fiancé, you must first take care of four very important things:

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First time visitor at our office? We have you covered on what to expect during your first visit in 5 easy steps.

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Our Clients

Since every client’s case is truly unique, it is important for our potential clients to attend their free consultation, where a member from our team will explain the appropriate legal process that should be taken, in addition to answering all of their questions and concerns. Please contact our office to schedule an appointment for an in person or phone consultation at (619) 819-9204 or Toll Free at 1-866-488-1554

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