Deciding to get married is a big step. But for couples who are citizens of different countries, it can be an even more complicated process. In the U.S., US citizens can bring a non-citizen fiancé to the United States to live. Once in the U.S., a non-citizen also has certain rights with the fiancé visa. Read More
How Does the Green Card Lottery Work?
The green card lottery is essentially a golden ticket to enter the United States. The visa lottery is officially known as the Diversity Immigrant Visa Program, and it one of the simplest and least expensive ways to garner permanent U.S. resident status. Each year more than 20 million people apply for these visas, but the U.S. awards only 50,000 each year. Read More
H1B to Marriage Green Card?
Right now uncertainty is a part of life. Will I stay healthy? Will the people I love stay healthy? Will I keep my job? For people in the U.S. on nonimmigrant visas tied to their employment, this is an especially uncertain time. For example, individuals in the US on H1B visas must keep their employment in order to keep their H1B status and lawfully remain in the US. What should you do if your H1B employment may be Read More
I have a green card. Can I be a “public charge”?
The new public charge rules implemented by this Administration are causing extreme stress and confusion among immigrant communities and their advocates. A question that frequently has arisen in my practice is whether a "green card" holder is subject to public charge rules. The answer is, generally, no. A green card holder with a ten-year green card or a two-year (conditional) green card is not subject to the Read More
You Married a US Citizen. Now, document your life together and get a green card!
Congratulations on your marriage! Now that you’ve married a U.S. citizen, you’re probably wondering what comes next. U.S. citizens can apply for a foreign-born spouse to move to, or remain in, the U.S. to live permanently. Obtaining a marriage green card is a three-step process. Apply for a “marriage-based” immigrant visa by establishing your marital relationship Apply for your green card Attend the green card Read More
Form I-944 Financial Information Required for Most Green Card Applications from within the US
As of February 24, 2020, USCIS requires that all Form I-485 Application for Adjustment of Status ("green card applications") be accompanied by Form I-944 Declaration of Self-Sufficiency. This form requires a burdensome amount of financial documents from the US citizen or LPR petitoner and from the intending immigrant. Also, this inquiry goes well outside the prior scope of financial inquiry of whether the US citizen Read More
Marijuana and Green Card Applications
US immigration laws prohibit the issuance of nonimmigrant or immigrant visas to anyone who has been convicted of or admits to the essential elements of federal controlled substances crimes. Generally, an admission to a drug crime happens in court as part of a plea or, in Massachusetts, a "continued without a finding." However, USCIS interviews can be the site of "admissions" to federal controlled substances Read More
Disclosing Criminal Histories on Immigration Applications: What You Should Know
The United States requires all applicants for immigration benefits to disclose information about their criminal history, whether applying for a visa, green card, or U.S. citizenship. If you have a criminal record, this can be worrying. If you have any criminal history--even if you were never arrested nor convicted of anything--you should consult with an attorney about the immigration consequences of your criminal Read More
Eligibility to Apply for a Green Card as a Refugee or Asylee
If you were granted a refugee or asylee status by the US, 1 year after your entry to the US as a refugee or asylee you become eligible to apply for a green card/permanent resident status. 1 year after being admitted to the US, refugees are required by law to apply for a permanent resident status. Although the asylees are not required to apply for a permanent resident status 1 year after being granted asylum status Read More
Should I file to renew my permanent resident card if I have a pending N-400 naturalization application?
Yes, if your card will expire within six months of filing an N-400 form with the USCIS. No, if you file Form N-400 while your card is valid for at least 6 months. You must be eligible to file Form N-400 at the time you file, regardless of the expiration date of your "green card." If you file according to the above timelines, you will be able to obtain proof of your status---a stamp in your passport called "Alien Read More
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