Tag: green card

Are you Canadian and applying for a marriage-based green card? There are special (usually positive) issues for Canadians as related to entering the US.

Canadian Green Card Applicants: Benefits and Exemptions for Marriage-Based Immigration to the USCanadians are entitled to various benefits when they enter the US. First, the visa requirements are much more lax for Canadians. Most Caan tourists do not even need a visa in their passport to enter. Many Canadians entering the US on certain visas such as the H1B or L can process their visas at the border and may in some situations be able to enter with just an I-797 Notice of Action Approval Notice. Also, Canadians are entitled to TN visas, which are available to both Canadians and Mexicans. Canadians can apply for TN visas right at the border or airport, but Mexicans must apply at an embassy, which makes the process much slower and more expensive. 

With all that background, you will not be surprised that Canadians are in a better situation than most when applying for a marriage-based green card. That is, if you are applying for a marriage-based green card, you need to show proof of entry, usually with form I-94. Canadians are generally exempt from that requirement–the US government generally will just believe your statement about when you came into the US. Wow! If only the US could trust other noncitizens as much as it trusts Canadians!

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.

 

Are you eligible for a marriage-based green card from within the US, and are you married to more than one person at the same time?

Ensure your first marriage is valid for immigration purposes as USCIS recognizes only the initial marriage.USCIS will only recognize your first marriage as a valid marriage for immigration purposes. With that, you do not need to disclose marriages that take place after a first marriage is still legally valid. However, talk to an experienced immigration attorney if you have engaged in a marriage ceremony while you are legally married because you may be committing a crime in certain US states and in countries outside of the US.  

If you plan to practice polygamy in the US or have attempted to be polygamous in the US, you will not be eligible for a green card. 

It is not allowed to practice polygamy in the US.

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-766-0214) or email hello@cambridgeimmigrationlaw.com to get in touch.

Are you eligible for a marriage-based green card within the US? What is your marital status—engaged or married?

Marital Status Matters: Discover your eligibility for a marriage-based green card from within the US—engaged or marriedWhat is your Marital Status? Are you engaged or married? 

If you’re trying to figure out if you’re eligible to get a green card based on your marriage to a US citizen or lawful permanent resident, let’s start with an easy question: Are you married or engaged? If you’re not yet married, you cannot file for a marriage-based green card from within the US. There is a route for fiancé/fiancées of US citizens if the fiancée is outside the US; but there is no path for a fiancée to get the green card from within the US unless the fiancée entered the US with the special fiancée visa (K-visa). 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

When can I renew my two-year green card?

Renew your two-year green card on time by filing Form I-751. Prove your genuine marriage to avoid complications.You can apply to renew your two-year conditional green card by filing Form I-751, Petition to Remove Conditions on Residence, in the 90 days prior to the expiration date on your green card. For example, if your green card expires on 12/31/23, you can file anytime between October 2, 2023 and December 31, 2023. However, wait until about October 4 to file—so that it’s not early, but don’t wait until December 31, 2023 to file–make sure USCIS gets it well before December 31. 

USCIS will reject/deny your Form I-751 if you file too early or too late. Sometimes USCIS will reject the application right away, and you’ll know to fix your mistake. However, sometimes USCIS will not realize the application was early or late until it gets around to looking at your case in 12 to 48 months. If your case is denied at that point, the best case scenario is that you re-file with a good explanation for the now-late application. Worst case scenario is that USCIS denies your Form I-751 and puts you into removal (deportation) proceedings that will take years and years to complete, even if you are sure to win in Immigration Court.  

To be successful on your green card renewal, you must prove that you were in a “real marriage,” that is, that you did not fake the marriage to get a green card. Also, you must file on time. Green card renewal applications with Form I-751 are difficult to prepare and win, and USCIS is always looking for fraud in I-751 applications. 

Our team is happy to share information about immigration law. However, please remember that every situation is unique, and we believe that all USCIS applicants should be represented by an experienced, compassionate, and approachable attorney.  You may have a small issue in your situation that could cause major complications if you do not deal with it correctly. Or, small or big issues can arise after you file. For example, USCIS may make a mistake in your case. Or, USCIS’s processing procedures may change or processing times may decrease drastically. Preparing the application correctly is only part of this process; you need to understand what’s going on and what needs to happen until your green card is finally approved. 

The stakes are very high for the renewal of your green card. Don’t risk your future in the US by trying to figure this out on your own. Work with an experienced immigration attorney on this project that will determine whether you can continue your life, career, and family in the United States. 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-676-0503) or email hello@cambridgeimmigrationlaw.com to get in touch.

How to get out of an abusive marriage AND keep your green card

Renewing Green Card After Abusive Marriage: Form I-751 & Evidence Requirements Explained for Protection and RenewalYou do not have to stay in an abusive marriage to protect your green card. US law wants you to leave your US citizen spouse’s abuse, and the US will allow you to keep your green card if you are abused by your US citizen spouse (or LPR spouse). 

If you are abused by your US citizen spouse, you can apply to renew your green card at any time. This is different from a joint renewal that must be submitted in the 90 days prior to the expiration of the two-year card. Abuse waivers can be filed before the 90-day period, or after the period. You must be legally married to your spouse at the time you file the abuse waiver. 

To file the waiver, submit the following to USCIS: 

  1. Form I-751 (fully answered and signed)
  2. Filing fee of $680
  3. A statement from you about the circumstances of the abuse
  4. Evidence that you and your spouse were in a real relationship and marriage
  5. Evidence that your spouse abused you. The abuse can be physical, sexual, financial, or emotional. 

If USCIS approves your application, you will be issued a new green card that is valid for 10 years. If you win your renewal based on abuse, you are eligible to file for US citizenship three years after the date you first became a conditional lawful permanent resident. 

If your waiver application is denied, you may be placed in removal proceedings and may need to appear before an immigration judge to defend your case.

To win a waiver case, you must only prove it was a “real marriage” and that you experienced abuse. Waiver applications are difficult to prepare and win, and USCIS is always looking for fraud in I-751 waiver applications.

Our team is happy to share information about immigration law. However, please remember that every situation is unique, and we believe that all USCIS applicants should be represented by an experienced, compassionate, and approachable attorney.  The stakes are very high for the renewal of your green card. Don’t risk your future in the US by trying to figure this out on your own. Work with an experienced immigration attorney on this project that will determine whether you can continue your life, career, and family in the United States. 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

How do I renew my two year green card if my spouse died?

Renewing Green Card After Spouse's Death: Form I-751 & Evidence Requirements Explained for a Valid MarriageIf you obtained your two-year green card through marriage and your US citizen (or LPR spouse) died, you are still able to renew your green card by filing Form I-751, Petition to Remove Conditions on Residence. If you are successful, USCIS will grant you a 10-year green card (Form I-551)! To be successful on this application, you will need to show that yours was a “real” (aka bona fide) relationship and marriage. Or, in other words, you need to prove to USCIS that you did not get married just to get a green card.  Also, you need to prove that your spouse died, with a death certificate.

Your death-based waiver application should include: Form I-751:

  1. Form I-751 (fully answered and signed)
  2. Filing fee of $680
  3. A copy of the death certificate of your spouse
  4. A statement from you about the circumstances of the death
  5. Evidence that you and your late spouse were in a real relationship and marriage

You need to submit as much evidence as possible to show your marriage was real. Submit documents such as photos of the two of you with other people (such as family at a birthday party), joint tax returns, joint financial documents, joint health insurance, joint lease, joint property deeds, and similar documents. Also, you can submit documents relating to your spouse’s death such as an obituary with your name, a receipt for the funeral, burial, or creation in your name, sympathy cards to you from family and friends. 

If USCIS approves your application, you will be issued a new green card that is valid for 10 years. However, if your application is denied, you may be placed in removal proceedings and may need to appear before an immigration judge to defend your case.

To win a waiver case, you must not only prove it was a “real marriage”and how/when/why your spouse died. Waiver applications are difficult to prepare and win, and USCIS is always looking for fraud in I-751 waiver applications. Don’t file a waiver application without an experienced immigration attorney!

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

 

From U-Visa to Green Card: Our Client’s Success Story

Our client’s green card was approved (U-Visa) one month after RFE was submitted! (Of course, it took USCIS over a year to issue the RFE!)Our client’s green card was approved (U-Visa) one month after RFE was submitted! (Of course, it took USCIS over a year to issue the RFE!). 

U-visas are granted to victims of criminal activity who help the police in the investigation or prosecution of the crime. In essence, the U-visa is a way to help victims less afraid of reporting criminal activity, to help them remain in the US to see that justice is done, and to thank them for their role in the investigation and prosecution of a crime.  After four years living in the US on a U-visa, a U-visa holder is eligible to file for adjustment of status (green card). After five years of living in the US with the green card, the noncitizen may be eligible to become a US citizen–at least. 

In this case, we submitted a strong and approvable application that should have been approved with our first submission. However, to respond to the RFE’s request for evidence of the client’s residence in the US, we collected substantially more evidence that the client lived in the US for the required years and more. This work required brainstorming with the client about which documents to include, finding documents that he otherwise would not have located, and writing letters of support from family and friends. Our team did this legal work from Cambridge, MA for this client who lives in California. Less than one month after the response submission, our firm was notified that the case was approved! Now, our client can continue to live in the US with his green card, and he can start counting the days until he can file for US citizenship. Congratulations, Mr. S.!

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

When will your “green card” arrive in the mail?

After an adjustment of status interview and I-485 approval, your green card will usually arrive about one week after USCIS orders that the card to be produced. You can check the status of your case online at USCIS.gov at “Case Status”  using the receipt number on the of your USCIS notices. Usually you will see updates after the interview explaining if the case is under review, approved, or denied, or if a request for evidence has been issues, or if the green card is in production or already in the mail. 

However, if you enter the US on an immigrant visa (meaning, your case was processed through a US Embassy or Consulate), you will receive your green card about 30 to 120 days after you enter the US for the first time using your immigrant visa.

 

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

Why your friend’s spouse can apply for a green card after entering as a tourist, but your spouse can’t.

friends spouse can apply for a green cardFor starters, let us say that US immigration law is so confusing! We often meet with potential clients who are convinced that their case is just like their friends’ case. Due to a small difference in facts, the legal cases are drastically different. In the situation of one person entering as a tourist and applying for a green card, that will work if the person who entered as a tourist planned to return to the home country but then something changed while the person was in the U.S. That situation is called “changed circumstances.” On the other hand, a person who uses a tourist visa to enter the US to stay permanently is violating a basic requirement of the tourist visa, which is to plan to leave the US and return to the home country. If a person uses a tourist visa to enter the US with the intention of filing for a green card after that entry, US immigration law considers that situation to involved “misrepresentation” or “fraud” in the use of the tourist visa. 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of people traverse the complicated immigration and citizenship process. We would love to help you as well.  Call (617-272-7980) or email hello@cambridgeimmigrationlaw.com to get in touch.

 

How do I get a green card at an embassy?

green card at embassyThere are two ways to get a “green card”. First, you can get one in the US through “adjustment of status”. Second, you get it through an embassy as an immigrant visa. To get an immigrant visa, you must have an approved Form I-130 based on a family-based or employment-based relationship that entitles you to a green card. After USCIS approves the I-130, your case is sent to the National Visa Center where you provide financial information and biographic information. Finally, your case gets sent to an embassy where you are interviewed on your “green card” application (or immigrant visa). Once the embassy approves the immigrant visa, you can enter the US, and that’s when the US government will mail you your green card.

 

If you need to talk to an experienced immigration attorney. We’ve helped hundreds of couples traverse the complicated immigration and citizenship process. We would love to help you as well.  Call 617-744-7919 or email hello@cambridgeimmigrationlaw.com to get in touch.

Free Guides and Resources!

Marriage-Based Green Card Guides

We work hard to make your immigration case easy for you. Use these easy guides to help you organize your documents.

You should consult with an attorney to figure out if you are eligible for a green card before you submit any applications or documents to the U.S. government.