Articles Posted in Green Card Interview

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Good News for Adjustment of Status Applicants! The United States Citizenship and Immigration Services (USCIS) is updating its policy, extending the validity of Form I-693 Report of Medical Examination and Vaccination Record, submitted along with an application for an immigration benefit (such as an I-485 Application for Adjustment of Status).

Effective November 1, 2018, Form I-693 will be valid for a maximum period of 2 years from the date of the civil surgeon’s signature on Form I-693, provided that the civil surgeon signs the medical examination 60 days before the date the applicant files an application for an underlying immigration benefit with USCIS.

Previously, Form I-693 was only valid for a period of one year from the date of the civil surgeon’s signature.

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Several months ago, we reported that the United States Citizenship and Immigration Services (USCIS) amended its policy regarding the issuance of Notice to Appear (NTA) documents in removal proceedings.

During the month of June, USCIS released a policy memorandum indicating the agency’s intent to revise NTA policy to better align with the President’s Executive Order 13768 “Enhancing Public Safety in the Interior of the United States.” NTAs are documents that are issued to alien’s subject to removal from the United States. Issuance of an NTA initiates the process of removing an individual from the United States.

Specifically, the Executive Order 13768 called on DHS to “prioritize the removal of aliens described in INA §§ 212(a)(2), (a)(3), (a)(6)(C), 235, and 237(a)(2) and (a)(4) … who are removable based on criminal or security grounds, fraud or misrepresentation, and aliens subject to expedited removal.”

In addition, the Executive Order called for the removal of individuals who:

  • (a) Have been convicted of any criminal offense;
  • (b) Have been charged with any criminal offense that has not been resolved;
  • (c) Have committed acts that constitute a chargeable criminal offense;
  • (d) Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;
  • (e) Have abused any program related to receipt of public benefits;
  • (f) Are subject to a final order of removal, but have not departed; or
  • (g) In the judgment of an immigration officer, otherwise pose a risk to public safety or national security

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In this post, we will discuss our top ten tips to help you survive the marriage fraud interview also known as the “STOKES” interview. An applicant filing for adjustment of status to permanent residence may be scheduled for a second interview, known as the “STOKES” interview if the immigration officer is not convinced at the initial I-485 interview that the applicant has a bona fide marriage.

  1. Be Honest

Our first tip to avoid being scheduled for a second interview also known as the STOKES interview is simple. Be honest with yourself, with your partner (the U.S. Citizen or LPR spouse), and your attorney if you have one. Before walking into your initial I-485 interview you should be careful not to misrepresent the facts in your relationship and ensure that you and your partner are both being honest and truthful regarding all aspects of your marriage. If you or your spouse misrepresent any facts about your relationship, the immigration officer will presume that you do not have a bona fide/genuine marriage, and it will be very difficult to overcome this presumption at the second interview.

  1. Preparation

The second tip to avoid the STOKES interview is to be well prepared. You and your spouse should prepare all of your documentation proving bona fide marriage well in advance of your I-485 interview, so that you have enough time to review your documentation with your spouse and your attorney in preparation of your interview. This well make you feel more confident and prepared when it comes time to your I-485 interview.

  1. Never Lie, Misrepresent, or Provide False Information

If you do not know the answer to a question asked by an immigration officer, DO NOT under any circumstances LIE, MISREPRESENT, or provide FALSE information. If you do not know the answer, simply tell the officer that you do not know. Always be honest. If you are not honest with an immigration officer this will indicate not only that you are a person of bad moral character, but that you are committing fraud in order to obtain an immigration benefit. Do not under any circumstances, invent facts that are not true. Remember that immigration has various tools to uncover fraud including the ability to visit you and your spouse at your home unexpectedly if they believe that you are lying or are not being honest about your marriage.

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If you have applied for the I-130/485 based on marriage to your US Citizen spouse, chances are you are anxiously awaiting an interview. In this post we will cover the documentation you need to provide at the I-485 interview to prove the bona fides of your relationship. The most common question clients ask is, what a bona fide marriage is and how do I prove that I have a bona fide marriage.

A bona fide marriage is one that was entered in good faith and not with an intention to deceive. A green card applicant does not have a bona fide marriage if he or she entered the marriage solely to receive an immigration benefit from USCIS. Immigration officers are trained to identify fraudulent or “sham” marriages where either party or both parties have entered the marriage simply for the green card applicant to obtain his or her permanent residence in the United States, without any sincere intention to live together in the same household or form a marital bond.  Immigration officers search for inconsistencies in any answers provided by either party to the marriage, and carefully scrutinize supporting documentation provided by the couple with the initial I-485 filing.

There are various forms of documentation that are strong evidence proving the bona fides of a relationship. Generally speaking, evidence of cohabitation, joint ownership of assets and joint responsibility for liabilities, and birth certificates of children born to the marriage are strong evidence proving that a marriage is genuine.

Cohabitation: One of the most important aspects of proving bona fide marriage is to show cohabitation—that you are living with your spouse. You can show evidence of cohabitation by providing a copy of your lease agreement showing both of your names on the lease if you are renting an apartment. If your spouse maintains ownership of a private residence, your spouse can provide a copy of the deed including both of your names, or if the green card applicant’s name is not yet on the deed, the petitioner can provide a statement as evidence of cohabitation. Other documents that can be shown to prove cohabitation include joint utility bills such for gas and electricity, water, internet bills, phone bills, etc. that contain both of your names. In addition, any mail sent to your residential address containing both of your names may be used as evidence of cohabitation. The strongest evidence showing cohabitation however is a copy of the lease agreement or deed containing both names.

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In this post we discuss the top five most common reasons your adjustment of status application may be denied.

Financial Reasons

One of the requirements to receive adjustment of status in the United States is to prove that the petitioner (the U.S. Citizen or LPR spouse) has sufficient income or assets to support you based on the petitioner’s household size when filing the I-864 Affidavit of Support. The petitioner must meet at least 125% of the U.S. poverty guidelines in order to sponsor the beneficiary of the adjustment of status application. If the petitioner does not meet that income requirement, they may be able to use assets such as properties, a 401(k), mutual investment fund, ownership of stocks, ownership of two or more automobiles to supplement their income. However, if the petitioner will be using the value of their assets to supplement their income, the total value of the assets must be equal to at least three times the difference between the total household income and 125% of the U.S. poverty guidelines for their household size. For an example of how to use assets to supplement income, please review the I-864 affidavit of support instructions.

If the petitioner does not meet the income requirement and cannot supplement the shortage with their assets, they must obtain a joint sponsor who does meet 125% of the U.S. poverty guidelines based on their income. A joint sponsor can be anyone that is a U.S. Citizen or LPR that satisfies the poverty guidelines.

One of the most common reasons for a denial of the adjustment of status application is that the petitioner and/or joint sponsor does not meet the required income requirement. Failure to respond to a request for evidence with satisfactory evidence will mean a denial of the application, even before the couple gets to the interview stage.

Public Charge

If USCIS believes that the beneficiary will likely become dependent on the U.S. government for long-term care or financial support, the green card application will be denied. USCIS reviews the I-864 affidavit of support and income documentation closely to determine whether the beneficiary is likely to become a public charge. Factors that may be considered to make this determination include the total income of the petitioner, the joint sponsor, assets, resources, and general financial status at the time of filing.

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H-1B Update: Return of Unselected Petitions

USCIS has now completed data entry for all fiscal year 2019 H-1B cap-subject petitions that were selected in this year’s H-1B visa lottery. USCIS will begin the lengthy process of returning thousands of H-1B cap-petitions that were not selected in the lottery. Although USCIS has not provided a time frame on when they will begin returning unselected petitions, in previous years, our office began receiving unselected petitions in mid-June. All unselected petitions will include an official hard copy rejection notice from USCIS.

Updated Policy Guidance regarding Adjustment of Status interviews.

USCIS has revised its policy for adjustment of status interviews. All adjustment of status applicants must be interviewed by an officer unless USCIS determines that the interview is unnecessary. The decision to waive the adjustment of status interview is determined on a case-by-case basis.

In the following circumstances the adjustment of status interview may be waived:

  1. General Waiver Categories

“USCIS officers may determine, on a case-by case-basis, that it is unnecessary to interview certain adjustment of status applicants. The following list includes, but is not limited to, categories of cases where officers may decide to waive an interview: 

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On Friday, March 30, 2018, the Department of State published a 60 day notice in the Federal Register entitled “Notice of Proposed Information Collection: Application for Immigrant Visa and Alien Registration,” proposing to require immigrant visa applicants to submit five years of social media history as part of the information requested on the DS-260 Immigrant Visa Electronic Application used by applicants to schedule Immigrant Visa interviews at U.S. Embassies and Consulates worldwide. The DS-260 is an Electronic Form that is completed by immigrant visa applicants and used by consular officials to determine whether the applicant is eligible for an immigrant visa.

Specifically, the Department wishes to, “add several additional questions for immigrant visa applicants. One question lists multiple social media platforms and requires the applicant to provide any identifies used by applicants for those platforms during the five years preceding the date of the application.”

Information provided by immigrant visa applications relating to their social media will be used to enhance “vetting” of applicants to verify their identity, ensure that they meet all visa eligibility requirements, and to prevent individuals from entering the country who pose a threat to the county’s national security, or have been associated with a terrorist organization.

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Beginning April 1st New Delhi Will No Longer Process IR1/CR1 or IR2/CR2 visas

The U.S. Department of State announced via their website that the U.S. Embassy in New Delhi will no longer process IR1/CR1 visas for spouse of US Citizens or IR2/CR2 visas for unmarried minor children of US Citizens beginning April 1, 2018. Foreign nationals who are in the process of obtaining an IR1/CR1 visa or IR2/CR2 visa with an interview that has been scheduled on or after April 1, 2018, will have their interview at the U.S. Consulate General in Mumbai. We recommend that petitioners be on guard for any letters from the National Visa Center specifying the location of the intending immigrant’s interview, as well as details about how to prepare for the interview stage.

President’s DACA Deadline Passes

personal-3108155_1280It did not take long for President Trump to capitalize on the terrorist attack which took place several days ago in New York City, to attack the Diversity Visa Program and the process by which US Citizens, and in some cases green card holders, can petition for extended family members to immigrate to the United States.

Following the terrorist attack in New York City, which claimed the lives of 8 Americans, the President fired off a series of tweets calling on Congress to terminate the Diversity Visa Program, claiming that the perpetrator of the attack, Sayfullo Saipov, had gained admission to the United States seven years ago through the diversity immigrant visa program, a congressionally mandated program made possible by section 203(c) of the Immigration and Nationality Act (INA). According to CNN, the Department of Homeland Security has said that Saipov came to the United States in 2010 on a diversity visa. Department of Homeland Security archives confirm that Uzbekistan was a country participating in the Diversity Visa program as early as 2007, and continues to participate in the Diversity Visa Program.

The Diversity Immigrant Visa Program

The Diversity Immigrant Visa program is a program enacted by Congress, which allocates up to 50,000 immigrant visas per fiscal year to a special class of immigrants known as “diversity immigrants.” Each fiscal year diversity applicants register for the visa program electronically at no cost. Applicant entries are selected at random through a computerized “lottery” system to allocate the 50,000 available immigrant visas for the Diversity Immigrant Visa Program. Only diversity immigrants who are natives of countries with historically low rates of immigration to the United States qualify for the Diversity Immigrant Visa program. In other words, to qualify for a diversity visa, essentially a green card, you must be a native of a country participating in the diversity visa program. Countries with historically high rates of immigration to the United States DO NOT qualify.

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In 2013, as a Polish citizen who worked in Ireland, I started very seriously considering going to the United States to become a student and receive education to excel at my job. Little did I know how difficult it could actually be to cross the doorstep of the US embassy and go through the interview process. My heart broke when I experienced denial. I remember walking out of the building crying and then running through the rain towards the bus station. It felt like some horrific movie scene. 

I wanted to give up and never try again. I went back to work and tried my hardest not to think about it. Within a few days, however, my friend and I, found Jacob Sapochnick’s website. I looked up reviews instantly, and I became very excited about the idea of talking to him and his team about my situation. 

My consultation was over the phone, but Jacob did a marvelous job outlining details, and, in fact, his prognosis was very positive. I couldn’t believe that I could still be able to fulfill my dreams and, perhaps, reapply. In 2014, while I was visiting the US on a tourist visa, I met with Jacob and his team in person and decided to file a change of status application. I didn’t think twice, and we gave it a go. Everyone did an incredible job filling out all the necessary paperwork. Whenever I was worried or felt down, I could call them and get a prompt calming answer. I still remember talking to Inese, one of Jacob’s employees, and hearing how positive she was about the outcome of my case.  

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