Immigration QA

Did you know you can rent your own personal vault in an actual bank?  A young man called me today because he needs a new Social Security card, but can’t prove U.S. citizenship with merely a copy of the  certificate. He lamented the $500 application fee to replace it. I don’t blame him.  But the point remains: Lack of essential documentation is a frequent root cause of immigration (and life) problems.  Safe deposit boxes are a reliable way to store documents like birth certificates, naturalization certificates, passports, wills, family heirlooms, and Social Security cards. See link below. Non-citizens in particular should start to use them as well as fireproof safes that can be gotten for relatively cheap off Amazon and Walmart. This is particularly so in the initial stages of immigration when non-citizens tend to move frequently, increasing the chance for loss. I think it’s important to begin educating on documentation preservation. PS I don’t agree with some critici...

  Extensions can be beautiful yet complicated. Like hair extensions, H1B extensions can be a very good thing, but are complicated to achieve.  To be sure, both require particular attention. Recently I received some questions about extending an H1B visa. BACKGROUND An H1B, or "H1," visa is a temporary visa allowing a company to petition for a noncitizen with a bachelor's degree or higher to work for the business on specific project whose occupation requires such a degree. Most often it is used for S.T.E.M. occupations, but that is not required.  There is an annual cap on these visas and competition is high to just be allowed to apply for the H1.  Once approved, one can work on an H1B visa for up to six years before needing to go through the "cap" process again. However, an H1B is usually only approved for one to three years, requiring a company to apply for an extension that proves a project still exists for the noncitizen to work on. Also, if a company sponsors ...

  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 recently answered the following question: Q: What are the requirements if I need to remove the condition on my two-year green card.  When do i need to apply exactly? A:  If you received your marriage green card within two years of marriage, your permanent residency is "conditional." This means you must prove your prove that your marital relationship still exists and is bona fide after two years. Obviously this is meant to prevent fraudulent marriages for immigration purposes. I  tell my clients this process it is basically like applying for your green card again in terms of what documents you need to provide. The form is I-751. The documents should come primarily from the two-year time period since green card approval. You are showing that you still have a bonafide marital relationship and that it was entered into in good faith. Provide joint bank statements, residential lease/mortgage/deed, joint tax filings, photographs, receipts from notable events, joint insurance, ...

  I recently answered the following question: Q:   I am applying for a citizenship based on marriage. I was wondering when I am filling out the form do i base my answers on 3 years work, travel and residence history or do i still have to include 5 years worth of work, travel and residence history? Do I need to include an additional sheet explaining why i have submitted just 3 years worth of work, travel and residence history or should i just scratch the number 5 in the form wherever necessary and put the number 3 above that?   A:   Don't scratch anything out. I think your separate sheet idea is better. There is also space in some of the answers for explanations on the form itself, so use those whenever possible. Since you are only using three years it is important that you emphasize, In your supporting documentation that you are eligible for that timeline. This means demonstrating, almost like you did in your green card application, that you have continued to re...

I think most immigration advocates agree it's been a mixed bag.  There were immediate reversals of SOME of President Trump's most anti-immigration executive orders, but not all.  Suprising, given President Biden's pro-immigrant rhetoric. One example is the refugee moratorium, which the administration declined to lift until there was a public outcry.  Another is the many months it took the AG to recind the onerous Castro-Tum decision, which imposed procedural restrictions on immigration judges.   I myself had a client who grew up in the US but was deported under Castro-Tum rule, even though the immigration judge HERSELF ruled he was eligible for a U Visa. Before Castro-Tum, he could have stayed in America waiting for its approval. Under Castro-Tum, he was deported to a life in Mexico he's never known.  How many countless noncitizens were unfairly deported while Merrick Garland delayed this no-brainer move? Castro-Tum should have been rescinded the day he was conf...

I WAS RECENTLY ASKED THE FOLLOWING QUESTION: 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?  ANSWER: 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 you...

I'd rather chat on the phone for a few minutes--AT NO CHARGE--than charge money for generic advice. Have you even seen Monty Python's The Holy Grail? No? Go to Netflix and watch it, and then come back to this post. Back already? Great!  So recall the scene where King Arthur must answer three meaningless questions to cross the Bridge of Death. What if King Arther was given the privilege of paying the bridge keeper $360 for the the privilege of telling him his favorite color? Well, that's what some immigration consultations can feel like.  Believe it or not, they can feel like it for the attorney too. Recently, I did a one-hour, paid consultation for a recently-married couple considering a marriage green card. I would not do it again.  Believing that one hour would cover simple issues and "review forms," I encountered process questions that intersected with complicated questions about the noncitizen's current status, and ability to...

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...

During our day to day activities, it's easy to miss the impact of immigration on our lives. But this guide takes a new angle and discusses why an natural born American citizen might use an immigration lawyer. I OWN A BUSINESS 1) The I-9 form is a critical piece of hiring any employee. It verifies that your new hire is legally allowed to work in the United States. But few people realize the I-9 is actually an immigration form. Completing this form improperly can lead to results worse than an IRS audit! 2) If your business requires specialized occupations, such employees may be hard to find. If you discover a foreign national that fits the qualification, an immigration lawyer is all but required to help navigate a complicated and nuanced work permit process.  Here's a link to my primer on H1B visas:   H1B Visa Primer . 3) If you are interested in capitalizing your business, there are incentives to foreigners to invest upwards of $1 million into a qualified business i...

Recently I received the following question:  "Should I take my husband's name when my work permit is up for renewal?  I am a current VAWA recipient. I got married this past April. I am wanting to take my husbands last name. Should I do that when my work permit is up for renewal? Also, I want to adjust my status. My husband is a US Citizen, how do we go about that?" Answer:   To change your name, you were required to take your husband's name at the time of marriage on the marriage certificate.  If you did not do so at that time, then you must make a motion to your local district court to have that changed. If you did indeed take your husbands name at that time, then you should use your new name for your permit renewal, and just include a copy of your marriage certificate or other document showing name change. If your work permit from VAWA is expiring soon, then I would recommend immediately filing for your one-step marriage green card. The EAD work permit t...

          Your income and family might depend on legal immigration status.  If so, an attorney can be valuable to make sure your immigration is done properly--the first time.       I achieve legal immigration status in America for individuals, families, and businesses. My immigration cases are careful and thorough.  As a result, I have a 100% green card approval record.  Licensed by the Supreme Court of Minnesota, admitted to U.S. District Court, and U.S. Immigration Court.       If your situation is complicated or confusing, we specialize in consultations to sort out a correct course of action, and what action is NOT proper. Many people are surprised by what options are actually available, even citizenship! I specialize in changes of status so you can stay in America. And I am one of few experts in criminal defense for noncitizens, so you are not deported from America.       Cha...