Articles Posted in Green card

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On November 30, 2018, the United States Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides guidance to USCIS officers on waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence.

This memo went into effect on December 10 and applies to all Form I-751 petitions received on or after December 10, 2018.  This policy memorandum revises and replaces the June 24, 2005 memorandum, “Revised Interview Waiver Criteria for Form I-751, Petition to Remove Conditions on Residence.”

Generally, a conditional permanent residence must attend an in-person interview with USCIS, before the I-751 petition is approved, but in some instances an immigration officer may decide to waive the interview requirement. The new policy memorandum outlines under what circumstances an immigration officer may consider granting an interview waiver.

The purpose of the interview is to provide USCIS with an opportunity to verify information contained the petition or application, as well as an opportunity to discover new information that may be relevant to the adjudication or determine the credibility of the applicant seeking to remove their conditions.

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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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As part of the United States Citizenship and Immigration Services’ (USCIS) new plan to modernize services offered by the agency, the agency has announced that it will gradually end self-scheduling of Infopass appointments, to encourage applicants to use online information resources and other online tools that allow applicants to check the status of their case, and other information.

According to USCIS, the Detroit Field Office and five offices in the Los Angeles area will begin the gradual phaseout of Infopass services. Newark, Great Lakes, and San Francisco will be next to gradually phaseout these services during the beginning of fiscal year 2019. USCIS expects to modernize its system completely by the end of fiscal year 2019.

According to USCIS Director Francis Cissna, “Expanding this program is a significant step in our efforts to move more USCIS services and information online. It also frees up agency staff to spend more time adjudicating benefit requests which should help reduce case processing times. USCIS remains committed to pursuing the most effective and efficient ways to administer our nation’s lawful immigration system.”

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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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On Saturday, September 22, 2018, the Department of Homeland Security announced a new proposed rule that may prevent non-citizens reliant, or likely to become reliant on public benefits, from gaining admission to the United States.  The new proposal entitled, “Inadmissibility on Public Charge Grounds,” has been signed by the Secretary of Homeland Security, and the proposed rule is expected to be published in the federal register in the coming weeks, according to a DHS press release.

APA Procedure

Once the proposed rule has been published in the federal register, the government must allow the public to comment on the proposed rule for a 60-day period. Once that period is over, the government will have the opportunity to review comments and make changes if necessary to the proposed rule. Thereafter, the government will publish a final rule which will become law 60 days after the date of publication.

Who is a Public Charge?

Under the Immigration and Nationality Act, a public charge is defined as an “alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge.” Such aliens are not admissible to the United States on public charge grounds.

Applicants seeking admission to the United States should be aware that, “an alien who is incapable of earning a livelihood, who does not have sufficient funds in the United States for support, and who has no person in the United States willing and able to assure the alien will not need public support, generally is inadmissible as likely to become a public charge.”

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In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and future projections for immigrant preference categories.

EB-1 Worldwide: this category is not expected to advance until January 2019. Time will tell whether this category will become current during the next year.

EB-1 China and EB-1 India: Also expected to experience forward movement until January 2019. A cutoff date for this category will continue through the next 12 months.

EB-2 Worldwide: This category is expected to remain current until at least the foreseeable future.

EB-2 China: is two months behind EB-3 China, which may prompt EB-2 applicants to downgrade.

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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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Beginning next year, the United States Citizenship and Immigration Services (USCIS) will launch a task force located in Los Angeles, designed to identify, detect, and prosecute individuals who have fraudulently gained United States Citizenship, for example by entering into a ‘sham’ marriage to obtain permanent residence, or engaging in other fraudulent activity, such as using a false identity to apply for permanent residence and/or naturalization.

USCIS has already begun to process of hiring lawyers and immigration officers who will review cases of individuals who have been deported, who the agency believes may potentially use a false identity to obtain permanent residence and/or citizenship. Such cases will be referred to the Department of Justice, who will then initiate the removal of individuals who have committed immigration fraud.

Of the denaturalization task force, USCIS Director L. Francis Cissna told reporters, “We finally have a process in place to get to the bottom of all these bad cases and start denaturalizing people who should not have been naturalized in the first place. What we’re looking at, when you boil it all down, is potentially a few thousand cases.”

The denaturalization task force will be funded by immigration application filing fees. The denaturalization task force will be primarily focused on targeting individuals who have used false identities to obtain immigration benefits.

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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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