Winning Strategies, Proven Results.
FACTS: A US Citizen sought assistance with filing for his wife who was residing overseas. This is usually a fairly straight-forward process which involves the US Citizen filing a Form I-130 Petition for Alien Relative on behalf of his/her foreign spouse. Unfortunately, wait times for I-130 Petitions are currently longer than you might expect. USCIS…
Poetry FACTS: A well-known Turkish poet sought our assistance for sponsorship in the U.S. As a poet, his options for “traditional” employment-based sponsorship were limited, but his accomplishments made it clear that he had received national acclaim in his home country – achieving a level of success and notoriety that was exceptional. After reviewing…
FACTS: A New York-based award-winning brand experience company sought assistance with securing a talented graphic designer to join their team. The company had worked with this talented individual from overseas, but wanted to bring this team member into the U.S. to work with the company in New York. THE LAW: One of the most common…
FACTS: A client came to our office to seek a visa for his Vietnamese fiance. They had met recently in person, and the couple wished to begin a life together in the U.S. THE LAW: A US Citizen (not a US Lawful Permanent Resident) may file a “K-1” Fiance visa on behalf of their foreign…
SYNOPSIS: After USCIS delayed adjudicating a Form N-400, Application for Naturalization, our office filed suit in the Eastern District of Virginia and sought an agreed order sending this N-400 (Citizenship) Application back to USCIS where it was approved the same day. THE FACTS: A US Lawful Permanent Resident filed for citizenship while she was still married to…
SYNOPSIS: Asylum granted before the US Immigration Court for Nepalese Client Facing Political Violence. THE FACTS: This client fled their native Nepal after being attacked by member of an opposing political party. They were able to return to the U.S. (where they were studying) and quickly applied for asylum (within one year of their arrival…
SYNOPSIS: Asylum granted for Venezuelan family feeling political strife in Venezuela before the US Asylum office. THE FACTS: Beginning on January 29, 2018, the Asylum Office re-instated a policy to review asylum cases on a “last in, first out” basis – meaning that the most recent cases will be scheduled within a few weeks of being…
SYNOPSIS: A gay man from El Salvador fled his home country after being assaulted by gang members (Mara 18). He arrived in the U.S. and requested asylum. After being released by US Immigration, he was placed in removal proceedings. After FOUR LONG YEARS, he finally was granted Asylum in the U.S. THE FACTS: This client…
SYNOPSIS: After being in the U.S. for more than 20 years, a client was taken into ICE/ERO Custody after a police interaction (related to a family disagreement). Despite having 2 US Citizen children, US Lawful Permanent Resident Parents, and no criminal history (aside from his arrest) in the last 10 years, the Court…
SYNOPSIS: After USCIS delayed adjudicating a Form N-400, Application for Naturalization, our office filed suit in the Eastern District of Virginia and sought an agreed order sending this N-400 (Citizenship) Application back to USCIS where it was approved within a week. THE FACTS: A pair of elderly U.S. Lawful Permanent Resident clients sought a decision on a…
Our office recently celebrated the extremely rapid approval of a Form N-400, Application for Naturalization for our client – the spouse of a World Bank Employee who was being deployed overseas. FACTS: A client recently became a US Lawful Permanent Resident (Green card holder) after her US Citizen spouse filed for her. After obtaining her…
THE FACTS: A client had been in the U.S. for many years illegally. She first came to the U.S. in the 1990s and joined her husband’s asylum case. Later, her husband’s NACARA case was approved and he advised her to return to El Salvador and wait for her visa (this was COMPLETELY INCORRECT). The…
THE FACTS: A client wanted to begin putting his experience and expertise to work for himself by starting his own tech company in the U.S. After a consultation, it became clear that the client could qualify for an E-2 Treaty-Investor Visa which would allow him to begin working in the U.S. and run his…
FACTS: A Kickboxing gym in the District of Columbia saw promise in a young athlete. They moved quickly to introduce him to their management department who saw an opportunity. They came to our office to assist them with sponsoring this young kickboxer to compete in the U.S. THE LAW: The P-1 classification applies to you…
THE FACTS: A client obtained his U.S. Lawful Permanent Residence through marriage, and entered the U.S. to begin living with his wife. Unfortunately, the client and his wife separated and the client moved to another state. Because the client had been married less than 2 years at the time he entered the U.S. with…
FACTS: A U.S. Lawful Permanent Resident client was arrested in Virginia for misdemeanor possession of marijuana under Va. Code Ann. Sec. 18.2-250.1. After pleading guilty, and without ever consulting an attorney – client decided to return home for vacation. Upon return to the U.S., he was detained at “secondary inspection” and given a deferred inspection…
FACTS: A client came to our office to assist her husband of many years. The couple had children, good jobs, and had been together for many years. The wife (a U.S. Citizen) wanted to file for her husband (from El Salvador) who had entered with U.S. “EWI” many years before, but had never been caught…
FACTS: A client came to our office to assist him and his husband after being told by multiple lawyers that there was nothing that could be done for his case. After a review of the file and conducting a review through the Freedom of Information Act (FOIA), we learned that the client (from Honduras) had…
FACTS: A U.S. Citizen business client wanted to expand operations of his family’s business in the U.S. by bringing a sibling into the business. The problem: the sibling lived in Greece and was not a U.S. Citizen. The Solution? To pursue an E-1 Treaty-Trader visa by making the sibling a partner in the U.S. business…
FACTS: A conditional U.S. Lawful Permanent Resident (someone who holds a 2-year “green card”) came to our firm after being placed in removal proceedings. USCIS had denied her I-751, Petition to Remove Conditions on Residence, and her U.S. Citizen husband had died – leaving her a widow. Although USCIS denied her Form I-751 Petition in…
FAQ
-
Can an illegal immigrant marry us citizen?
Yes, an undocumented or illegal immigrant can marry a U.S. citizen. However, marriage itself does not grant legal immigration status, but it can be a factor in certain immigration processes. If an undocumented immigrant marries a U.S. citizen, they may be eligible to apply for a marriage-based green card (permanent residence) through a process known as Adjustment of Status. However, it’s important to note that navigating the immigration system can be complex, and each case is unique. Consulting with an immigration attorney or accredited immigration representative is highly recommended to understand the specific options, requirements, and potential risks associated with marrying a U.S. citizen as an undocumented immigrant
-
What Does Immigration Look for in a Marriage?
When assessing a marriage for immigration purposes, immigration officials (also called USCIS) typically look for evidence of a genuine and bona fide relationship. They examine factors such as shared financial responsibilities, joint assets or property, evidence of cohabitation, photographs together, correspondence, and affidavits from family and friends. The purpose is to ensure that the marriage is not solely for immigration benefits, but rather a legitimate union based on love and commitment. Each immigration agency may have specific requirements, so it’s important to consult official guidelines or seek legal advice for accurate information in your jurisdiction.
-
What happens if I am called to an interview?
If you are called for an interview, it means immigration authorities want to assess the authenticity of your marriage. During the interview, you and your spouse will answer questions and provide evidence to demonstrate the genuineness of your relationship. Prepare by organizing supporting documents and be honest in your responses. After the interview, the officer will review the information and make a decision. If requested, submit any additional evidence promptly. Consulting an immigration attorney can provide valuable guidance during this process.
-
Will a divorce affect my immigration status?
Yes, a divorce can potentially affect your immigration status if it was obtained before you obtained permanent residency (green card) through marriage. If you are a conditional green card holder, a divorce could complicate the process of removing the conditions on your residency. However, if you already have a permanent green card, a divorce generally does not directly impact your immigration status. Each case is unique, so it’s crucial to consult with an immigration attorney who can provide personalized advice based on your specific circumstances and help navigate any potential immigration implications of a divorce.
