Immigration questions and answers by Chaudhary Immigration Attorneys, licensed immigration attorney.
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Marriage Green Cards
Don't Assume Marriage Green Cards Are Easy!
Although marriage is a legal ground for seeking a green card, the approval process is not automatic. Even if you have a marriage license, it would be a mistake to take this type of application for granted. United States Citizenship and Immigration Services requires evidence of a bona fide marital relationship, not just marital status. If your application lacks adequate supporting evidence or raises suspicions, you may be facing a delay, a site visit from a USCIS official or even a denial.
Your Application Must Establish A Bona Fide Marital Relationship
Consequently, if you and your spouse have contrasting backgrounds, those differences may prompt USCIS officials to question the authenticity of your marital relationship. Factors that may raise red flags and prompt extra USCIS scrutiny include substantial differences in any of the following: age, cultural or economic background, and geographic location. USCIS may also flag your application if you have been divorced, previously sponsored another individual's green card application, recently entered into a same-sex marriage or have a criminal record. I want my clients to get their application right the first time so that they can proceed with their new life together.
Adjusting Your Status After Overstaying Your Visa
I have also helped clients seeking marriage green card applications after overstaying their visa. Federal immigration law considers this an adjustment of status. As a spouse of a U.S. citizen, your application would be as an "immediate relative" and may excuse your unlawful status or unauthorized employment.
Providing Advocacy For Immigrants Facing Hardship Or Victimization
There are other grounds for seeking permanent residency in the United States. Two areas where I have helped clients are hardship waivers and requests brought under the Violence Against Women Act (VAWA). If you are an undocumented immigrant with substantial family ties to U.S. relatives — such as a spouse or children who are U.S. citizens and rely upon you for emotional and financial support — you may qualify for legal residency through a hardship waiver. To apply for immigration protection under VAWA, you must seek relief under one of several enumerated grounds, including victimization from an abusive spouse or a violent crime.
Contact An Experienced Family Immigration Attorney
Get your family-based immigration application right the first time. Regardless of where you are located, the Chaudhary Law Office, PLLC, can review your green card application and troubleshoot for errors. To schedule a consultation, contact my firm online or call 612-206-3721.
It was expected. Today the USCIS officially announced that, starting next H1B season, not this H1B season, there will be a pre-selection sign up instead of the traditional post-April 1 application submission lottery. In addition, it announced a major shift in how Masters Degree candidates are selected, by giving priority to masters cap applications after the lottery’s conducted, as opposed to selecting them in their own lottery process. Mathematically, this is tantamount to giving an approval edge to applications with masters degree candidates. Here is our prior discussion on the pros and cons of this pre-selection process: Pros and Cons of H1B Pre-Registration Here is the announcement: H1B Pre-Selection Proces Announcement. Also, here's the hit song from Kim Wilde in honor of H1B Pre-selection's final arrival:
I just got back EAD card yesterday for my Post Completion OPT and within 90 days, if I don't get a job, then I'll be deported. My boyfriend is a US citizen and we are planning to get married. I was wondering if I can still stay in the country if we get married since I'm not sure if I have to leave after 90 days if I can't find a job. How does this work? Can I still stay in the US and also can I work as well?
In the past there was little chance for deportation for such a simple violation. However recent memos from the administration have threatened issuance of a Notice to Appear (NTA) in a Removal proceeding for even OPT and other student visa violations.
Please note, it shouldn’t be difficult to fulfill the 90-day job requirement, because unpaid internships and even self-employment count, as long as all other requirements are also met.
To your question of a marriage green card, you would simplify your status issues …
Today the USCIS finally announced a much anticipated rule regarding next year's H1B visa (specialty occupation worker) application process. At the moment, a computer-aided lottery is required to simply choose which applications may go forward for simple consideration. This is because the law requires an annual cap on new H1B visas to be issued every year, about 65,000. Recently, American companies have submitted about 3 to 4 times that number for their potential foreign employees, resulting in some sort of system to pick which applications to even consider. H1B applications are complicated, requiring multiple steps to even assemble an application to submit to the government. Also, the fees are quite high, several thousand dollars for small companies and even more for the larger ones. For a basic run down on the H1B visa, read my previous run down: H1B Visas Explained.
So then why go through all the rigamarole to interview an employee in January or February, offer them a job…