Immigration QA

  My translation service friends have been in my mind lately. Not sure why, maybe because a recent case required both an Arabic and French document translation.  From time to time I enjoy a chuckle from a funny interpreting experience some years ago. The matter involved an urgent need for spoken Gujarati, and no professional service was immediately available. I asked a local aide society if they could find someone who spoke Gujarati, and they heartily agreed.  When the interpreter arrived he spoke beautiful Gujarati with my client. Small problem: he couldn’t speak a word of English back to me!  Basic lesson: make sure your interpreter is fluent in BOTH languages! Lol!

I was recently asked what I'd like non-immigration attorneys to know about the practice of immigration law. The first thing that came to mind is it's complexity.  This is not to say other areas of law are not incredibly complex, but a flavor of what a typical immigration lawyer encounters may be enlightening for lawyers and non-lawyers alike. In a landmark decision expanding rights of noncitizens regarding proper immigration advice before a guilty plea, the U.S. Supreme Court specifically stated, “Immigration law can be complex, and it is a legal specialty of its own.” Padilla v Kentuck y (2010).  The court was right to underscore this, and it’s understandable how many can overlook just how complex immigration law is. For example, different “legal statuses” exist for noncitizens depending on their purpose of entry. There are temporary entries ranging from visitor or student, to refugee and myriad of narrowly defined occupations.  Then there is Legal Permanent Residency, o...

Noncitizen name changes can complicate or benefit.  I recently got the following question from a family law attorney: QUESTION:  Can a Minnesota court order the name change of a non-citizen? Client has a H4 visa, and my understanding is that means they are a lawful temporary resident.  So my thinking is they satisfy the residency requirement of Minn. Stat. 259, having lived here in Minnesota for more than 6 months.  I'm wondering if there is any prohibition to such a name change, or compelling reason not to change their name? ANSWER:  There is no prohibition on the name change for noncitizens, for the statutory reason cited.  Perhaps there are a couple additional issues worth noting: First, the recordkeeping must be meticulous because the individual will be asked about the name change in future immigration applications. There should be proof that it was done in the proper manner. I recommend multiple certified copies so that the i...

Adjusting to green card from a nonimmigrant work visa should be done thoughtfully. I Recently Answered the Following Question: I am currently waiting for my H1B renewal to be approved.  When I get married to my U.S. citizen fiancee, can I file for adjustment of status while my H1B is still pending? ANSWER: Yes, you can start the green card process by filing the Immediate Relative petition (I-130), Adjustment of Status application (I-485), Employment Authorization (I-765) and Advance Parole (I-131).  The pending H1B application won't affect the process. IMPORTANT!   I suggest continuing with your H1B renewal AND status until your green card is in hand--even if you receive an interim EAD.  If, for some reason, your green card is denied you will still be in H1B status and no additional action would be required.  Other attorneys do argue, however, that it is better to change your work status to EAD. This preserves a certain amount of time...

A body of evidence is required to meet the standard for "bona fide marital relationship." I was recently asked the following question: I am planning to get married in India later this year. We will opt for court marriage instead of traditional one. For visa interview purposes, is court marriage sufficient to prove that marriage is legal. Do we need to do traditional marriage to prove marriage is legal? Answer: I get this question a lot, because it's a good one.   Traditional marriages are usually better to demonstrate that a "bona fide marital relationship" exists. But, they are not always necessary because the method of marriage is not the only determinant of a bona fide marital relationship. It's not even the primary determinant. One must provide a whole body of evidence to meet the standard. So it's not whether the marriage is legal, but whether the relationship is real. I recommend reading the instructions for form I-130, or some peop...