Discussion of immigration issues, news, legal developments, and more

Category Archives: Green Card

How Many Photos Are Needed When Filing Application for Adjustment of Status

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USCIS clarified the photo requirements for the filing of the adjustment of status and its ancillary benefits in a teleconference with AILA Liaison on February 27, 2013 : The adjustment of status applications should include six photos in total per applicant, if all three forms listed below are filed: Two for the I-485 Application toContinue Reading

How to Receive Your Green Card if You are Granted a Green Card by an Immigration Judge

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If an immigration judge (IJ) granted you permanent residence during immigration court proceedings or you were granted permanent residence by the Board of Immigration Appeals (BIA) and you have not yet received your green card, please schedule an appointment with your local U.S. Citizenship and Immigration Services (USCIS) office. You can make an appointment throughContinue Reading

USCIS Fact Sheet On Public Charge

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Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident. However, receiving public benefits does not automaticallyContinue Reading

Take Affidavit of Support Seriously

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Many U.S. citizens and permanent residents signed an affidavit of support for an immigrant without knowing what responsibilities they have promised to take. The Affidavit of Support (I-864) is an enforceable contract by the sponsored person, the local, state or federal government or any agency providing a means-tested public benefit. The sponsor and joint sponsorContinue Reading

National Visa Center Processing

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National visa center processing can be very confusing to people who are not represented by an attorney. Here is a very good flow chart that you can find online at  http://www.familybasedimmigration.com/forum/nvc.php.Continue Reading

Change of Filing Location for Form I-129F, Petition for Alien Fiancé(e)

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WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced a change in filing location instructions and addresses for the Petition for Alien Fiancé(e) (Form I-129F). The new instructions, dated 6/14/10, are part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake toContinue Reading

Removing Conditional Status While Divorce is not Finalized

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Conditional resident aliens are required to file a Form I-751 within 90 days before the second anniversary of the date on which the alien obtained permanent resident. If the marriage is terminated by divorce, the resident alien can file a waiver of the joint petition requirement. However, if the divorce is filed but not finalizedContinue Reading

K3 Process and Approved I-130 Problem

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Many petitioners after the filing of I-130 for their foreign spouses choose to file an I-129F so that their spouses can get a K3 visa to enter the U.S. to await the approval of the previously filed I-130. Normally, the I-129F petition will be approved before the I-130 petition. However, sometimes, before the foreign spouse’sContinue Reading

USCIS Announced Revised Filing Instructions for Several Forms

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USCIS recently announced revised filing instructions and addresses for filing several forms, including Form I-765 (Application for Employment Authorization), and I-485 (Application to Register Permanent Residence or Adjust Status). To download most recent forms, please visit www.uscis.gov.Continue Reading

Travel Documents, Application to Preserve Residency, Abandonment of residency and the Continuance of Residence

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If a Permanent Resident is out of U.S. continuously for more than one year, DHS takes the position that residency has been abandoned. The criteria in determining whether a LPR abandons his residency include purpose of departure, existence of fixed termination date for visit abroad, and objective intention to return to U.S. as place ofContinue Reading