Winning Strategies, Proven Results.
FACTS: A Nicaraguan client (and child) fled Nicaragua after being threatened and harassed by members of the Nicaraguan police (known as Dantos). The client feared persecution based on their political beliefs and activities to protest the government of Nicaragua. THE LAW: Every year people come to the United States seeking protection because they have suffered…
FACTS: A client’s pending family-based Petition (Form I-130) had been pending for several years as they awaited COVID-19 related processing delays. After finally being interviewed by USCIS, the client hoped for a quick decision in their case, but no action seemed forthcoming. With a frustrating silence from USCIS, the client reached out to see if…
FACTS: A client came to us after YEARS of waiting for their VAWA (Violence Against Women Act) -based green card case which was pending at USCIS. The client had, as is common with VAWA cases, a difficult history with their ex-spouse, and feared pursuing their case before USCIS. The client had an approved Form I-360…
Citizenship case Approved through Federal Court Litigation.
O-1 Visa Approved for Russian Scientist.
FACTS: A client came to us after YEARS of waiting for his LGBT-based asylum case which was pending an interview at USCIS. He filed a request for an expedited interview and the US Asylum office interviewed him in November 2022 (more than 5 years after filing his case). The client had a good interview, testified…
Introduction: In the realm of immigration law, navigating through bureaucratic processes and delays can be an arduous journey. However, there are instances where persistence and legal recourse can lead to favorable outcomes. This post highlights a recent success story of a USC husband and his wife, along with their stepchildren, who triumphed in a Mandamus…
Client successfully represented after separation with her US Citizen spouse before USCIS Washington Field Office to seek approval of her immigration case DESPITE the separation.
Citizenship case expedited through Mandamus.
FACTS: A client’s pending Affirmative Asylum (Form I-589 Application) had been pending for more than 5 years without an interview. The client was understandably frustrated by this delay as they were not able to obtain a final answer on their case or move forward with their life until an answer was given on their asylum…
FACTS: A West-African client fled Mauritania after being beaten and assaulted by police officers because of the client’s sexual orientation. After being arrested and badly mistreated in Mauritania, the client fled to the United States. After arriving in the U.S. on a visa, the client timely applied for asylum (without legal assistance) with the US…
Citizenship Approved through Court Action.
Writ of Mandamus Approved and Work Permit Expedited.
FACTS: A client was working for a cutting edge non-profit company that was/is leading the field in medical technology which bridges people, science, and technology, championing both human and technical infrastructure within the scientific community. The client’s work was leading the way in new collaborations between science and technology and was truly helping the make…
LGBT Asylum Case Approved From Serbia Over DHS Objection
FACTS: A pair of our clients recently earned their US Lawful Permanent Residence through marriage to a US Citizen spouse while their asylum cases were pending at the US Asylum Office. After years of delays with the US Asylum Office our clients had met and married US Citizen spouses. Importantly, both clients had entered the…
FACTS: A client living in Virginia became eligible for US Citizenship after 5 years of US Permanent Residency. He was concerned that his case might not be approved because he had several criminal convictions including a conviction under Virginia Code 18.2-250.1 (marijuana under 30 grams) and a conviction under 18.2-460 (obstruction of justice) as well…
FACTS: In 2011, a client applied for US Citizenship after being admitted to the US in 1999 based on marriage to a US Citizen. At his naturalization interview, USCIS officers asked the client about his prior marriage upon which his “green card” was granted. The client responded that he had separated from his wife before…
FACTS: A client living in Texas became eligible for US Citizenship after 5 years of US Permanent Residency. She was concerned that her case might not be approved because she had a conviction for driving under the influence. Our office assured her that the law was on her side and that she could apply for…
FACTS: A El Salvadorian client fled El Salvador with his minor daughter after gangs targeted him because of his sexual orientation. After gangs saw him with a same-sex romantic partner, our client was cornered and attacked by gang members who threatened his life and tried to kill him. Saved by the chance arrival of police…
FAQ
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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
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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.
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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.
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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.
