USCIS Proposed Changes to I-864 Affidavit of Support

, , , , , ,

USCIS Proposed Changes to Affidavit of Support    

 

USCIS has recently proposed significant changes to the Form I-864 (Affidavit of Support) and other related forms I-864A and I0864EZ. The first proposed change is for U.S. citizens and lawful permanent residents who are sponsoring a foreign spouse or relative for green cards to disclose detailed bank account information to the federal government. This includes the banking institution’s name, the account number, routing number, and account holder names. Note that U.S. legislation does not authorize USCIS to collect such information.

 

As a reminder, the Form I-864 (Affidavit of Support) is required for most immigrants seeking a green card in the U.S. based on marriage and family petitions in order to demonstrate that they will be financially supported and not become a public charge. This form is also sometimes required for immigrants seeking green cards based on employer sponsorship. Normally, sponsors must provide evidence of their income by submitting copies of their recent federal tax transcript or return, as well as any other financial statements or evidence of future outcome. The new USCIS proposal would change this process.

 

Almost a year ago on May 23rd, 2019, President Trump issued the Memorandum on Enforcing the Legal Responsibilities of Sponsors of Aliens. In the presidential memo, President Trump emphasized that individuals financially sponsoring alien green card applicants must completely fulfill their commitments under the law. In response to this memo, USCIS focused on better informing sponsors and household members on the implications of their financial obligations. For instance, language in these forms has been modified to ensure clarity regarding sponsor obligations and consequences if the sponsor’s responsibilities are not met. These are included in an extended “Sponsor’s Certification” section as well as a “Household Member’s Contract, Statement, and Certification.” Moreover, the draft of this new form informs sponsors of a civil penalty imposed by the USCIS if the sponsor does not inform the USCIS within 30 days of moving. Additionally, this new Affidavit of Support also asks sponsors to list people who not actively living with the sponsor (such as college students that are not living at home), which will consequently increase the income requirement as the household size increases.

 

Forms I-864 will also allow sponsors to provide information about previously submitted Affidavits and an optional submission of a credit report as evidence. USCIS is also proposing to require U.S. citizens and permanent legal resident sponsors to notarize forms I-864, I-864A, and I-864EZ by a notary public prior to submission to USCIS. These proposed changes will create a burden for sponsors. This may deter them from accepting to be sponsors, which will likely impede some individuals from immigrating.

Finally, the new form requires that the sponsor agree to allow the Social Security Administration (SSA) and other agencies to share information with the Department of Homeland Security (DHS) and the Department of State. If the alien applicant applies for means-tested public benefits, the sponsor’s privacy can be waived to a greater extent. The new form is stricter in its warning that improperly completed forms, or forms missing proper evidence, may be denied.

 

No effective date has been published, and this will come with the final rule. USCIS accepted public comments for these revisions during a thirty-day period that ended on May 11, 2020.  Because the comment period for the rule is closed, the state will now review public comments and publish a final rule within the coming months. Note that if passed, this proposal will only impact applications filed on or after the effective date of the rule.

/by

New Public Charge Rule: What Documents do Green Card Applicants need now?

, , , , , ,

New Public Charge Rule: What Documents do Green Card Applicants need now?

Since 1996, federal laws have stated that aliens must demonstrate self-sufficiency to be granted permanent legal status. The Supreme Court’s Inadmissibility on Public Charge Grounds Final Rule, implemented on February 24th, 2020, revised the guidelines of determining whether an alien individual is admissible to the U.S. or eligible to obtain permanent legal status, based upon the likelihood of becoming a public charge. Consequently, United States Citizenship and Immigration Services (USCIS) have the discretionary power to deny green cards to migrants with histories of using benefits. To decide whether an individual merits legal permanent resident status, USCIS will consider an alien applicant’s income, employment status, health, age, education, family circumstances, prospective immigration status, and prospective period of admission.

Applications for visas and lawful permanent residency processed at U.S. embassies and consular offices outside of the U.S. will operate under the February 24th regulations. All applicants who are not exempt from a public charge assessment must submit Form 5540 (Public Charge Questionnaire). USCIS officers have been directed to take Form DS-5540 into consideration before denying an alien’s application.

Green card applications, as of February 24th, 2020, must include:

1. Proof of Income of Applicant: this includes the most recent year’s IRS Tax Transcripts of the applicant’s Federal income tax returns (if applicable). If the green card applicant was outside the United States during the most recent tax year, he or she must provide the most recent year’s Foreign Tax Transcripts for income taxes filed with the government of the overseas country. If the green card applicant is not required to file federal taxes, he or she must file a W-2 statement or a Social Security Statement.

If the applicant has any additional non-taxable income (such as child support, unemployment benefits, etc…) not included in tax return, he or she must provide: statements or letters of proof of having received nontaxable income.

2. Proof of Income of Household Members (IF APPLICABLE): if the applicant currently lives with other household members (including a spouse, children, any individual receiving at least 50% of their support from the applicant or on whom an applicant relies for at least 50% support, etc…), then the applicant must provide all of his or her household members’ most recent year’s IRS Tax Transcripts of their Federal income tax returns, or the household members’ most recent year’s Foreign Tax Transcripts for income taxes filed outside the U.S.

Finally, if household members are not required to file federal taxes, the applicant must provide these members’ W-2 Statement or Social Security Statement.

The applicant must also provide evidence of his or her relationship with each household member, such as a birth certificate, marriage certificate, or a signed statement.

3. Evidence of Asset of Household (IF APPLICABLE): Assets include checking and savings account statements, stocks and bonds, retirement accounts, educational accounts, net cash value of real estate holdings, and other substantial assets that can be converted into cash within 12 months.

If the applicant or any of their household members own any assets, proof of the applicant’s or households’ assets must be provided, including: the name of the asset holder, description of the asset, proof of ownership, and basis for owner’s claim of its net cash value.

4. Proof of Liabilities/Debt (IF APPLICABLE): IF the applicant has liabilities or debt, he or she must provide documentation (letters or statements) for each liability and debt :
a. Such examples include Mortgages, Car Loans, Credit Card Debt, Education Related Losses, Tax Debts, Liens, Personal Loans, Unpaid Child or Spousal Support, Other Debts

5. Credit Score and Report (IF APPLICABLE): IF the applicant has a Credit Report or Credit Score in the U.S., he or she must provide a Credit Report from Equifax, Experian, or TransUnion (go to: https://www.usa.gov/credit reports ). If the applicant has no Credit Report or Credit Score, he or she must provide evidence of continued payment of bills and provide documentation that he or she has no credit report with a U.S. credit bureau.

If the applicant has Negative History in his or her Credit Report (such as delinquent accounts, debt collections, tax liens, bankruptcy, etc…), he or she must provide a written explanation regarding each negative history item.

If the applicant has filed for bankruptcy, he or she must provide documentation to show every instance, type, place of filing, and date of the bankruptcy. The evidence of the resolution of each bankruptcy must also be filed if applicable.

6. Proof of Health Care Insurance (IF APPLICABLE): IF the applicant has health care insurance, he or she must provide a copy of the Insurance’s Policy Page that articulates the terms and type of coverage OR the applicant must provide a letter on the company letterhead/ evidence from the health insurance and provide the terms and type of coverage OR the applicant must provide the latest Form 1095-B (Health Coverage) and Form 1095-C (Employer-Provided Health Insurance Offer and Coverage) if available, with evidence of renewal of coverage for the current year.

If relevant, the applicant must also provide proof of Premium Tax Credit or Advanced Premium Tax Credit, with a transcript copy of the IRS Form 8963 Report of Health Insurance Provider Information, Form 8962 Premium Tax Credit (PTC), and a copy of Form 1095A, Health Insurance Marketplace Statement.

If relevant, the applicant must also provide proof of the deductible or premium amount, with documentation.

If relevant, the applicant must also show documentation of the date of insurance termination or date of renewal.

If the applicant has enrolled in health insurance that has yet to start, he or she must provide proof of enrollment, such as a letter that includes the terms, type of coverage, name of the individual covered, and the date when the coverage begins.

If the applicant has a medical condition that will affect his or her circumstances of work, he or she must provide documentation that can outweigh negative factors related to the medical condition (this includes information provided by a civil surgeon or a panel physician on a medical examination, attestation from your treating physician regarding the prognosis of any medical condition and whether it impacts your ability to work or go to school, or evidence of sufficient assets and resources to pay the costs of any reasonably anticipated medical treatment).

7. Public Benefits Received (IF APPLICABLE): IF the applicant has received any Public Benefits, he or she must include evidence of that public benefit (such as a letter, notice, certification) that include the applicant’s name, the public benefit-granting agency’s name and contact information, type of benefit, date of authorization to receive the benefit, and the date benefit or coverage ended or expires. Such Public Benefits include: any local, state, federal, or tribal cash assistance for income maintenance; Supplemental Security Income; Temporary Assistance for Needy Families; Supplemental Nutrition Assistance Program; Supplemental Nutrition Assistance Program; Public Housing under the Housing Act of 1937; Federally funded Medicaid.

If the applicant has applied for a Public Benefit but been denied or rejected, he or she must provide documentation of denial or rejection.

If the applicant has disenrolled from a Public Benefit, he or she must
provide evidence of disenrollment or request to disenroll.

If the applicant has withdrawn from a Public Benefit, he or she must provide evidence demonstrating that the public benefit granting agency received your request to withdraw the application. The applicant may also provide evidence from a federal, state, local, or tribal agency administering a public benefit that shows that he or she does not qualify or would not qualify for such public benefit based on his or her annual gross household income or prospective immigration status.

8. Immigration Fee Waivers (IF APPLICABLE): IF the applicant has ever applied or received a fee waiver when applying for an immigration benefit AND the circumstances that caused an applicant to apply have changed, he or she must provide documentation to support any explanation of changed circumstances.

9. Education and Skills of the Applicant: IF an applicant is unemployed because he or she is the primary caretaker of a child/disabled individual/elderly, he or she must provide documentation showing that he or she is the primary caretaker (such as a legal guardianship court order), that the individual resides in the applicant’s household, and proof of the individual’s age/medical condition (if relevant).

If the applicant has graduated high school or obtained a tertiary level degree, he or she must provide transcripts, diplomas, degrees, certificates, or written explanation/letter issued from the institution as to why these documents are unavailable. Note that all foreign education should include an evaluation of equivalency to education or degrees acquired at U.S. educational institutions.

If the applicant has any occupational skills, he or she must provide a list of licenses for specific occupations/professions AND certificates documenting mastery or apprenticeships in skilled professions and trades.

If licenses/certificates are unavailable, the applicant must provide a written explanation and letter from the issuing institution to explain why these documents are unavailable.

If the applicant has completed courses and/or received any certifications in English or other languages, he or she must provide proof of language or literacy classes taken or currently being taken, or other proof of proficiency.

If the applicant is a speaker of English or another language, he or she must provide documentation of language proficiency including language certifications (such as high school diplomas and college degrees showing that the native language was studied for credit).

10. Proof of Retirement (IF APPLICABLE): IF an applicant is currently retired, he or she must provide documentation or statements of income from pensions, social security, and other retirement benefits.

/by

New Public Charge Rule’s Impact on Green Card Applicants

, , , , , ,

New Public Charge Rule’s Impact on Green Card Applicants

Since February 24th, 2020, U.S. Citizenship and Immigration Services (USCIS) has implemented the Inadmissibility on Public Charge Grounds Final Rule nationwide. This public charge rule expands the grounds on which immigration enforcement officials can deny the acquisition of a green card or other legal status to noncitizen applicants, to ensure that individuals will not rely upon government benefits and services. Until February 24th, the use of most public benefits did not impede legal status in the United States. The new rules allow USCIS officials to penalize noncitizen recipients of housing, health, and nutrition welfare programs that are applying to change their legal status. However, because few benefit programs are open to noncitizens without legal permanent residence, few green card applicants are likely to be denied based on their benefit use. Notably, certain classes of individuals, such as refugees and asylum seekers, are exempt from the public charge ground of inadmissibility.

Note that Public Benefits that will not be considered by officers in determining an alien applicant’s inadmissibility on grounds of public charge are: emergency medical assistance, disaster relief, national school lunch programs, energy assistance, food pantries and homeless shelters, Head Start, government-subsidized student and mortgage loans, subsidies for foster care and adoption, Children’s Health Insurance Program, and the Special Supplemental Nutrition Program for Women, Infants, and Children.

This final rule applies to applicants for admission, aliens seeking to adjust their legal status from within the U.S., and aliens within the U.S. who have a nonimmigrant visa and would like to extend their stay in the same or different legal classification. This rule indicates that the Department of Homeland and Security (DHS) will not consider the receipt of public benefits received by an alien who is enlisted in the U.S. armed forces or is serving in active duty. Furthermore, DHS will not consider the public benefits received by children. Likewise, DHS will not consider Medicaid benefits received for the treatment of an emergency medical condition, services provided in connection to the Individuals with Disabilities Education Act, schools-based benefits provided to individuals who are below or at the oldest age eligible for secondary education, aliens under 21 years of age, and pregnant individuals or individuals within the 60-day period beginning on the last day of the pregnancy.

Significance for Green Card applicants:

The State Department’s revised public charge guidelines increase the difficulty in securing a green card or other form of visa. If a green card applicant is filing immigration paperwork from abroad he or she should expect significant scrutiny of past and present financial circumstances. While receiving cash benefits in the past can be a factor in the government’s decision, no single factor will dictate whether USCIS deems an individual a “public charge”. Immigration enforcement officers use their discretion to decide whether an applicant can receive legal permanent residence, using the following factors to determine whether an individual is likely to rely on public funds:

– Age: The final Supreme Court rule indicates that USCIS will consider whether an applicant’s age impacts his or her ability to physically work, and is therefore relevant to determining self-sufficiency. USCS has indicated that it is important that the applicant is between 18 and 62 years of age. This age range is based on the age at which individuals are generally able to begin working full-time and the age at which individuals typically retire with social security retirement benefits under federal law. Moreover, minors under 18 years of age are more likely to qualify for public benefits, and thus may be relevant to public charge inadmissibility. The regulation also acknowledges that applicants under 18 years of age or over 61 years of age may work or have other means of support. For minors under 18 years of age, USCIS will consider the availability of outside support form a parent and other resources and assets available to the minor applicant. USCIS says that it will be heavily negatively weighted if the applicant is authorized to work, not a full-time student, and does not demonstrate current employment, recent employment history, or any prospect of future employment.

– Health: USCIS will consider whether an applicant has a medical condition that will require extensive future treatment that will likely impede the applicant’s ability to work and provide for himself or herself. However, the presence of a medical condition does not automatically render an alien applicant inadmissible. USCIS officials will likely defer to Form 1-693 (civil surgeon’s medical report) that must be filed as a part of the application process. Officials will consider the medical condition through the lens of whether the medical condition will impede an alien’s ability to attend school and work. Applicants with a health condition should have evidence that they have or will obtain private health insurance to cover all associated foreseeable medical costs.

– Family Status: The final Supreme Court’s rule indicates that the larger the family’s size, the more income an applicant needs to establish. Thus, it is considered whether an alien applicant has a household to support, or whether the applicant is supported by another household, in order to determine whether the alien would be more or less of a public charge. Certainly, household size does not automatically dictate the outcome of a public charge admissibility determination, and officers look at other factors such as financial status.

– Financial status (including income, employment, assets, and resources): Perceived negative factors such as unemployment may contribute to additional questioning. Applicants must submit Form 1-944 (Declaration of Self-Sufficiency) to provide evidence of an annual gross income at least 125% of the Federal Poverty Guidelines. If an applicant cannot provide adequate evidence of sufficient income, his or her assets can be considered. These assets may pertain to the applicant or to any family member in the household. USCIS officers will also consider an applicant’s credit history and civil liabilities, including mortgages, spousal support, unpaid taxes, etc… The final rule provides that a household income, assets, and resources of at least 250% of the Federal Poverty Guidelines is a heavily weighed positive factor.

– Education and Skills: USCIS will consider whether an applicant has sufficient education and skills to obtain and maintain a lawful employment. Skills include English proficiency. Generally, aliens with educational credentials, certificates, and skills are more employable and thus less likely to become a public charge. Considering market demand, DHS may regard an applicant’s proficiency in other languages, along with English, when reviewing the education and skills factor.

– Affidavit of Support: Because an affidavit of support does not guarantee that an alien applicant will receive public benefits in the future, officers only consider the affidavit of support as one factor among all others. However, an applicant’s failure to submit a required affidavit of support will result in a determination of inadmissibility without review of other factors. USCIS considers whether a sponsor will genuinely provide the required amount of financial support to the alien applicant.

DHS notes that the following are positively weighed by USCIS: significant income, resources, and assets; or an annual income of at least 250% of the Federal Poverty Guidelines.
Furthermore, DHS lists some heavily weighed negative factors that indicate an alien applicant’s likelihood of being a future public charge, which include: lack of employment, lack of financial means to pay for medical costs, current receipt of one or more public benefits, receipt of public benefits within 36 months of filing an application for legal permanent residency, and previous determination of inadmissibility or deportability based on public charge.

/by
Temporary Protected Status

Travel Regulation Updates: How Travel Impacts TPS Beneficiaries in Removal Proceedings?

,

The Temporary Protected Status (TPS) has been a lifeline to thousands of people that are living in the United States. It protects these individuals from being subjected to dangerous conditions from their home country like disease, starvation, violence, and other threatening conditions. However, TPS regulations are continually changing. Now more than ever, it is critical to have a knowledgeable team that can help guide you through these specific adjustments.

Immigration Law Group  can guide you through your Visa issues, Green Card questions, and discuss any policy changes. TPS is a critical designation for many, and it is imperative to understand the requirements of this status, as well as the updates to this specific policy. With Immigration Law Group, you can stay up to date with this ever-changing immigration climate, and understand how you may be affected by it.

What Is Temporary Protected Status (TPS)?

Through the Immigration Act of 1990, Congress created the Temporary Protected Status (TPS). It is a temporary immigration status that would be provided to the nationals of specific countries that are confronting extraordinary or temporary conditions, environmental disasters, or ongoing armed conflicts. These particular issues make it unsafe for the nationals to be deported back to their home country. As a result, the TPS designation provides these nationals with a work permit and a stay of deportation.

To qualify for this TPS designation, individuals need to meet the following criteria:

  • Must be a national of a country that has a TPS designation;
  • Be continuously and physically present in the United States since the specific date of appointment;
  • Must have resided in the United States, consistently, since the specified period indicated by the Secretary of Homeland Security; AND
  • Not be barred from asylum for national security or criminal related reasons. (i.e., convicted of a felony or two or more misdemeanors.) or inadmissible to the United States.

TPS Updates and How They Affect Individuals With Final Removal Proceedings

Recently, the U.S. Citizenship and Immigration Services (USCIS) has updated its  USCIS Policy Memo to reflect the effects of individuals in the TPS designation who travel outside of the United States and have final removal orders. This recent update indicates that these individuals who travel abroad temporarily, with proper prior authorization, will be able to return to the United States. They will retain the same immigration status they had before they departed the United States. This change is a stark difference to past regulations. Previously, individuals in the TPS designation with final removal proceedings who left the country would result in the execution of their outstanding removal order.

How Does TPS Affect the Country?

Most TPS individuals have been in the United States for decades. Starting families here and becoming deeply integrated into their towns and their cities. These individuals not only contribute significantly to the overall U.S. economy, but they provide financial and emotional support to their families and friends. They also provide vital assistance to schools in their area, civic organizations, and even their churches. Many of these individuals work as caregivers, or professions that are crucial to the overall health of not only their specific communities but the country as a whole.

About  88.5% of TPS beneficiaries are in the labor force. This is a significant statistic that would cause a devastating economic and social impact across the country if the TPS program was ever terminated. Ending this program would create substantial GDP losses that would be staggering for the country to process. TPS recipients are a significant stabilizing factor for the United States. They also allow the promotion of regional security to their own home country as well.

Why Call the Immigration Law Group?

With  Immigration Law Group, you will have a dedicated staff that will work tirelessly on your immigration case. We understand how critical each Visa application is and how important it is to stay ahead of new immigration policies. We know the effects these regulations have on not only your specific case but your life and livelihood as well. Don’t wait any longer; contact us  today to schedule a meeting to discuss your situation or to have us answer any immigration questions you may have.

/by
non citizens and social media

How Can Non-Citizens Protect Themselves When Posting on Social Media?

, ,

Social media is ubiquitous these days, and while it can be a great way to communicate with family and friends, it’s important to keep in mind that it is largely public. Even with the use of privacy settings, DHS has used social media monitoring and vetting as a justification to approve or deny visas. They have even used social media vetting in order make determinations about citizenship. DHS now uses what they call a “shared social media screening service” to analyze data on non-citizens, and according to the Brennan Center  they had prepared to screen approximately 15 million visitors’ social media accounts in 2019.

While many  human rights groups  are warning against the implications of curtailing free speech with such monitoring, and taking steps to advocate for better policies, it’s still important to take some precautions on social media. If you’re a non-citizen who is   active on social media, there are steps you can take to ensure that you’re better protected.

Social Media: Don’t Share Everything.

While many social media platforms will try to gather as much information on you as possible, you don’t need to answer every question. Certain fields are necessary for verification. You’re under no obligation to share the name of your middle school or other personal information you don’t want to disclose. It’s recommended to treat the “about me” section on social media as “optional”. If there is information that you don’t feel comfortable putting into a public space, don’t include it.

Don’t Rely on Privacy Settings.

Absolutely do use your privacy settings. But, assuming that because your profile is set to “friends only” that it’s impossible for DHS to monitor you is inaccurate. While the ACLU  has been demanding more transparency around how the government collects and monitors social media, there is still not enough openness about how and when this information is used. Therefore, caution is important.

Social media monitoring from DHS does not mean that they need to be your social media “friend” so what you consider private is relative. Activate your privacy settings but remain cautious about what information you put out there. Remember, you’re sharing with other people, even if many of them are your friends in real life. If there’s information you wouldn’t share with a stranger it’s a good idea to keep it off social media.

Be Aware of What You Say on Social Media.

Social media is a great way to share ideas, and there’s nothing wrong with being opinionated. Many advocacy groups are working hard to ensure that freedom of speech is protected, and that protection extends to social media. However, using a little caution is important. Anything that can be interpreted as a threat should obviously be avoided, but unfortunately it can be more complicated. Sometimes even jokes can be taken the wrong way. So even if you’re sure your tone is sarcastic, it’s wise not to give anyone any possibility of misunderstanding.

DHS doesn’t necessarily have a person sorting through data. They often rely on algorithms that can make mistakes, especially when interpreting tone and intent. These algorithms have programs to pick up on certain words and phrases. This means that many individuals who are posting perfectly common and appropriate things can be flagged unnecessarily. So always exercise caution, and know when to contact a lawyer.

Call Immigration Law Group!

It’s important that you know your rights and protect yourself when it comes to your social media information. With immigration law group, we can help you familiarize yourself with your rights, and we’ll advocate on your behalf. Our top rated lawyers are here to assist you and guide you on the path to citizenship. For more information,  contact us  today!

/by
Portland Immigration Lawyer

Trump Administration Will Raise Immigration Filing Fees

, , , , , , ,

The cost for becoming a United States Citizen might become 83 percent more expensive. The Trump Administration is attempting to raise the application fees from citizenship to legal permanent residency.

Last Thursday, USCIS announced the proposed price hikes, in their statement “current fees do not recover the full costs of providing adjudication and naturalization services.”   The citizenship application fee is currently 640 dollars, the proposed price hike would make the fee 1,170 dollars. The legal permanent residency fee is currently 1,220 and USCIS is attempting to raise it to 2,195.

The proposed price hikes would have a major affect on immigration. There are also price hikes for Asylum, Temporary Protected Status Beneficiaries, and DACA recipients. DACA renewals would go from 495 dollars to 765 dollars. The administration is also seeking to transfer $207.6 million of USCIS funding and divert it to Immigration and Customs Enforcement.

Advocacy groups are pressing people who are eligible to apply as soon as possible. USCIS and the Trump Administration must place the proposed price hikes in a comment period, the period ends on December 16th.

These price hikes have very little blocking their way to becoming a reality. Congress is really the only option to prevent the price hikes from becoming implemented.

The time to apply for your green card or citizenship application is now!   Don’t wait until the fees increase a substantial amount more than they already are.   Feel free to contact us with any questions.

/by
EMPLOYMENT BASED VISAS

HOW TO BECOME A U.S. CITIZEN

, , , , ,

How to become a United States Citizen:

You have been a permanent resident green card holder for the last five years, or a permanent resident green card holder for the last three years if you are filing as the spouse of a US citizen. Now you want to enjoy the benefits of being a United States citizen, maybe you want to vote, maybe you want to have the chance of working federal jobs, or maybe you just don’t want to worry about renewing your green card every 10 years and have the peace of mind that comes with being a United States citizen. Below are the steps and requirements that are necessary to become a United States citizen.

Phase one: Eligibility

The applicant must be at least eighteen years old at the time of filing N-400 form. You also must be a permanent resident green card holder of at least five years OR a permanent resident green card holder of at least three years if you are filing as the spouse of a person who is a United States citizen.

There is a ninety-day filing exception. You may submit your N-400 to USCIS as early as
ninety days before reaching your three- or five-year wait period as a green card holder —
as long as you’ve satisfied all other eligibility requirements. You must still wait the full three or five years, however, to become a U.S. citizen. Filing early just lets you get ahead in the application process. (Our guide to citizenship has the full details.)

You can apply if you are married to, and living with, a US citizen. You also must have been married to that US citizen for at least the past three years. The US citizen spouse must have been a US citizen for at least the past three years.

Also during the past three years, you must not have been out of the country for eighteen months or more. You are eligible to apply based on five-year residency if during the last five years you have NOT been out of the United States for thirty months or more.

There are exceptions to the thirty-month rule. If you are a person who has served on board a vessel operated by or registered in the United States OR are an employee or an individual under contract to the US Government OR a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

To qualify for citizenship eligibility you must have not gone a trip outside the United
States for one year or more without an approved “Application to Preserve Residence for
Naturalization Purposes.”

You must reside in the state or district in which you applied for citizenship for at least the last three months.

Next Step – Biometrics Appointment

The next step is to set up your biometrics appointment — basically, getting your
fingerprints taken — at your local USCIS field office. As with the marriage-based green
card process, USCIS will take your fingerprints during naturalization in order to conduct
a background check. The fingerprinting appointment usually takes place about a month
after USCIS receives your U.S. citizenship application.

You must have “good moral character,” broadly defined as a character that measures up to
the standards of average citizens in your community. More specifically, however, it
means you did not have certain types of crimes — such as murder, illegal gambling, or intentionally lying to the U.S. government in order to gain immigration benefits — on
your record at any time before filing, and you did not lie during your naturalization
interview.

Phase Two: Exam and Oath

You must pass a two-part naturalization test: the first is an English language test
(covering reading, writing, and speaking skills) and the second a civics test (covering
knowledge of U.S. history and government).

You must be able to read, write and speak basic English. There are some exceptions to
this requirement. If you are over the age of fifty years old and have lived in the United
States for at least the last twenty years since becoming a Permanent resident OR you are over the age of fifty-five years old and have lived in the United States for at least fifteen
years since becoming a Permanent Resident OR you have a disability that prevents you from fulfilling this requirement and you will file a “Medical Certification for Disability Exceptions” (Form N-648) completed a signed by a doctor with your application.

You must know the fundamentals of US History and the form and principles of the US
Government. Must be willing to serve in the U.S. military or perform civilian service for the
The United States if called upon to do so. You must register with the Selective Service System if you are male and have lived in the United States between the ages of 18 and 25. You must be willing to defend the U.S. Constitution.

If you are able to pass through the two phases of requirements then you can become a United States citizen. If you want to determine your citizenship eligibility, please give us a call at (866)-691-9894 for a consultation to begin your path to becoming a United States citizen.

/by
How to Sponsor my Parents for an Immigrant Visa/Green Card | Immigration Law group, LLC

How to Sponsor my Parents for an Immigrant Visa/Green Card

, , , , ,

How to Sponsor my Parents for an Immigrant Visa/Green Card

Do you want to reunite with your parents overseas and let them see their grandchildren in the U.S.? If they are currently in the U.S. visiting, did you know they may be eligible to stay and apply for adjustment of status? So long as you are a U.S. citizen, and at least 21 years old, you can sponsor your parents by filing form I-130 with USCIS to receive their Immigrant Visa/Green Card. However, permanent U.S. citizen son/daughter residents – green card holders – may not submit form I-130 petition to bring their parents to live permanently in the U.S. If you are a green card holder, your best option is to file form N-400 to naturalize to become a U.S. citizen. Then, you will be able to file for your parents.

Many immigrants who live in the United States are always seeking advice and guidance on how to bring their parents to the U.S. either to visit or live permanently. They want to petition for a green card, which also refers to sponsoring them. While it is advisable to consult with an experienced lawyer about your specific situation, this article will give you some vital insights about the entire process of bringing your parent to the U.S.

Steps a U.S. Citizen Son/Daughter Should Take to Get Their Foreign National Parents to The U.S:

If you’re a U.S. citizen son/daughter of at least 21 years of age, there are several steps you need to take to get your foreign national parents to the U.S. Here is a breakdown describing the steps and the required documents you should submit, depending on your parents’ location.

1. Your father lives outside the U.S. and Needs an Immigrant Visa/Green Card

• Form I-130
• A birth certificate copy that shows your name and the names of both your parents.
• A marriage certificate that proves your parents are legally married.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Certificate of Citizenship.

2. Your mother lives outside the U.S. and Needs an Immigrant Visa/Green Card

• Form I-130
• A birth certificate that has your name and that of your mother.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S.

3. Your father lives outside the U.S., you were born out of wedlock and your father didn’t legitimize you before your 18th birthday.

• Form I-130
• A birth certificate that has your name and that of your father.
• Evidence to prove that there existed a financial or emotional bond between you and your father before you reached the age of 21 or get married, whichever came first.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Citizenship.

4. Your father lives outside the U.S., you were born out of wedlock and your father legitimated you before your 18th birthday.

• Form I-130
• A birth certificate that has your name and that of your father.
• Evidence to prove that your father legitimated you before your 18th birthday through the laws of your country/state, the marriage of natural parents, or the laws of your father’s country/state.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Citizenship.

5. Filing a petition to bring your step-parent to live in the U.S.

• Form I-130
• A birth certificate that has your name and those of your birth parents.
• A civil marriage certificate that proves your birth parent was legally married to your step-parent, and that they got married before your 18th birthday.
• Copies of documents such as death certificates, annulment decrees or divorce decrees to prove that any marriage entered into by your birth parent or step-parent ended legally.

6. Filing a petition to bring your adoptive parent to live in the U.S.

• Form I-130
• Birth certificate
• A certified adoption certificate that proves the adoption occurred before your 16th birthday.
• A statement that clearly shows the places and dates you lived together with your adoptive parent.
• A Certificate of Naturalization or Citizenship if you were not born in the U.S.

Note: If you or your foreign national parent’s name has ever been changed, in the past, it is important to include proof of the legal name change in documents such as divorce decrees, court judgment of the name change, and marriage certificate. All these documents should be submitted as photocopies and not originals.

To successfully file a petition to bring your parents to the United States, the immigrant visa must be available based on the date the application for the immigrant visa was filed (“priority date”). This is possible because visas in this category are usually processed much faster and thus are immediately available. Remember, if you have been adopted legally, you can’t petition for your birth parent to come to the United States. This excludes your adoptive parent or step-parent.

How to Sponsor my Parents for an Immigrant Visa/Green Card? File the Form I-130 Petition

After about 8-9 months from filing, the U.S. Citizenship and Immigration Services (USCIS) will notify you whether your filed petition was approved or denied. Your parent will be notified to visit the Local U.S. consulate for visa processing if he/she is outside the U.S. when the petition gets approved.   You will also be required to submit form I-864 as a financial sponsor.   Your parent will need to submit documents to the National Visa Center prior to the scheduled immigrant visa interview.

Your parent may be eligible to file Form-I-485 in order to adjust status or apply to register for permanent residence if he/she is currently in the U.S. as you file Form I-130.   This is known as the “one-step” concurrent filing where you may file the Form I-130 together with Form I-485 for your parent’s adjustment of status application.

Employment Authorization

Once your parents have been admitted as immigrants with their immigrant visas, they don’t need to apply for work permit also referred to as employment authorization. Upon arrival in the U.S., your parents will receive a passport stamp to prove that they’re allowed to work until their Permanent Resident Cards have been received.

If your parents are currently in the U.S., they are allowed to apply for travel and work authorization while the permanent resident status adjustment filing, through Form I-485, is pending.

Ensure your parents use Form I-131 to apply for travel authorization and Form I-765 to apply for employment by filing them together with the concurrent filing of Form I-130 and Form I-485.

Note: The fee to adjust status for Form I-485 will cover Form I-131 and Form I-765 until a decision is reached concerning the application for travel and work authorization, respectively.

It is important to remember that if you have siblings overseas, they’ll not be sponsored in the Family-based green card petition to bring your parents in the U.S.   Your parent can file a new petition to bring your siblings once they become permanent residents.   The wait time for that process can take many years based on current processing times.

What If Your Petition Is Denied?

If your petition to bring your parents to the United States has been denied by the USCIS, you can still appeal the decision. Your denial letter will have details on how you can appeal. It will also tell you how much time you have to file the appeal. Your appeal will be forwarded to the Board of Immigration Appeals once your appeal form and required fee have been fully processed.

The Process of Getting Family-Based Immigrant Visa/Green Card

Under American immigration laws, your parents are considered immediate relatives’. This means that the application process doesn’t have a long waiting list. However, you need to be a financial sponsor for your parents.   This means that at 125% of the United States poverty guidelines, you need to show proof, through assets or income that you are capable of supporting your parents and your family.

This is to make sure your parents are not admissible as people who are likely to receive government assistance or as likely “public charges”. Form I-864P has all the details you need to know about the current U.S. poverty guidelines.

Additionally, your parents can also be denied green cards if they’re inadmissible based on other factors such as having a record of immigration violations, having a dangerous mental or physical disorder, carrying a disease that may pose a risk to the general public or criminal convictions.

The Visa Application Process For A Immigrant Visa/Green Card

For your parents to receive permanent residence, it is mandatory that you go through the application process as required by law to receive an Immigrant Visa/Green Card.   The application process involves two main steps: First, you must get approval from the USCIS for your immigrant visa petition for your parents. This is the Form I-130 petition that must be completed in order to start the process.   Second, if your parent lives outside the U.S., they will be notified by the local U.S. consulate to submit an online DS-260 application, submit documents, and undergo an interview before the immigrant visa is processed.   But, if your parent is currently living in the U.S. legally, he/she must fill out Form I-485 to adjust his/her status. The following basic requirements must be met for the status adjustment to be completed:

• Your parent must have entered the U.S. legally
• Your parent must be physically present in the U.S.
• Your parent’s immigration petition must have been fully approved
• No change in circumstances such as the death of the sponsor

Filling out the Petition for Alien Relative form also called Form I-130 is required to prove that there exists a child-parent relationship between you and your parent and that you’re a U.S. citizen son/daughter. Therefore, when filing the petition to bring your parents to the U.S., you have to include all the necessary documents depending on your situation (as mentioned above).

You will be required to file separate I-130 petitions if you intend to bring both foreign national parents. At this stage, after the U.S. consulate has communicated to your parents to submit their application to come to the U.S., you’re required to submit an Affidavit of Support Form I-864. The consulate will schedule an interview with your parents and the immigrant visa to enter the U.S. and become permanent residents should be approved and they will receive an Immigrant Visa/Green Card.

Adjusting Status for Parents in The United States So They Can Receive An Immigrant Visa/Green Card

If your parents entered the United States legally with a visa, they can adjust their status as your immediate relatives. Meaning, they can apply for a green card, if they’re currently in the United States, without leaving the U.S.   The process of getting a green card in this situation is called “adjustment of status.” Moreover, you can concurrently submit your Form I-130 with Form I-485 without waiting for the approval of the former. If your Form I-130 was already previously filed and been approved, however, you can simply submit your Form 1-797 approval notice along with the adjustment of a status packet.

What If Your Parents Don’t Want to Live In The U.S. Year-Round?

Contrary to a common misconception, there is no minimum amount of time for your parents to live in the U.S. in order to avoid “abandonment of residence” issues. The immigration officials at the border can revoke your parents’ green cards and deny them entry even if they left the U.S. for a short time.

Furthermore, longer trips of more than six outside the United States are likely to raise questions. And, a longer trip of more than a year will raise a presumption that your parents decided to abandon their residence.   Prior to leaving the U.S., they should be applying for a re-entry permit if they know they will need to be outside the U.S. for over a year.

Therefore, it is wrong to assume that obtaining a Family-based green card for your parents facilitates long visits and easy travel. The United States immigration laws require that green card holders make their permanent home in the U.S.

Paying the USCIS Immigration Fee

You must pay the immigration fee for your foreign national parent to come to the U.S. The immigrant fee is $220 and recovers the USCIS costs of immigrant visas issued by the Department of State at U.S. Consulates and Embassies.

The fee covers the cost of processing, filing, and maintaining of the immigrant visa packets. It also covers the cost of producing Permanent Resident Cards. In order to receive an immigrant visa, foreign nationals are encouraged to pay their immigrant fee online before they depart for the United States.

If you have additional questions or would like to find out more about the process to bring your parents to the U.S. contact our firm for a consultation by contacting Immigration Law Group, LLC or by calling 866 691 9894

/by
How to Bring My Fiancee to the U.S. | Immigration Law Group, LLC

How to Bring My Fiancee to the U.S.

, , , , , ,

How to Bring My Fiancé(e) to the U.S — A Comprehensive Couple’s Guide to U.S Immigration

Are you planning to permanently live together with your foreign fiancé(e) is the United States? Well, congratulations! But, before your spouse is allowed to enter the USA, you’ll need to help him or her to secure a K-1 visa.

Navigating through this bureaucratic process, however, is undeniably a daunting task, as it involves a lot of steps with plenty of paperwork to demonstrate whether your application is “bona fide”.   If you want to increase your chances of winning approval for a K-1 visa, it’s recommended to work with a reputable and trusted Immigration law firm.

In this our couple’s guide to U.S immigration, we’ve simplified the process by covering every facet in a step-by-step manner. There’s everything you need to know to secure permanent resident status and citizenship for your fiancé(e).

What is K-1 Visa?

Also known as a fiancée visa, a K-1 visa is basically a temporary visa, which is issued by the U.S Department of State (DOS) consular officer to the fiancé(e) of a U.S citizen for one reason — getting married within 90 days of admission to the U.S  This K-1 nonimmigrant visa is not issued to a fiancé(e) of a U.S Green Card holder. There’s the CR1 visa option, though. However, it takes time to process, typically two years or longer.

To qualify for a K-1 visa, you as the petitioner (U.S citizen) must convince the U.S Citizenship and Immigration Services (USCIS) agents of your intentions to establish a life together with your spouse. An application perceived as a strategy to obtain an immigration benefit will surely not win approval.

Without further ado, here are the steps you’ll need to follow to bring your fiancée to the U.S:

Step One: Assembling documents to demonstrate your application is “bona fide”

•  Schedule for an in-person meeting with your spouse

Before you start the K-1 visa application process, you should be able to prove that both of you have actually met in person outside the U.S at least within the last 2 years.

This rule does not only apply to couples who met over the internet and fell in love with each without making contact, but also those who have been apart for the last 2 years. And as part of the documentation, you can provide photos, hotel receipts, airline receipts, etc.

There’s an exception to this requirement if you can prove that traveling to meet your fiancé (e) oversees will simply lead to extreme hardship to you. Or, the in-person meeting will be a violation of certain strict well-known customs or religious traditions of your spouse.

•  Confirm you are both legally allowed to marry

Once you have met the in-person meeting requirement, you’ll need to have documents that prove both of you are free to get married in the U.S. If you have been in any previous marriages, a divorce decree, annulment, or death certificate can serve as a proof.

If your spouse already has kids, they may be allowed to come to the U.S only if they are under 21 and unmarried. Also, of course, if they want to come. And if that’s the case, their names should be included in the K-1 visa. But, kids will need a K-2 nonimmigrant visa in order to qualify for admission.

While your fiancé(e) and the kids may be eligible, you should be informed that the kids are not allowed to travel to the U.S before your spouse. Make sure the children travel with your spouse or they can follow to join at a later date. If they will travel later, then it should be within the validity of their K-2 visas.

•  Meet the visa income requirement

As a petitioner, you need to meet a certain minimum income requirement, depending on the state you live in and the number of aliens you are planning on sponsoring. This is a requirement by the government to reduce the likelihood that your fiancé(e) will become a ward of the state. You are required to sign an affidavit pledging your support to your fiancée, and then promise that for at least 10 years you won’t apply for public aid in order to help him or her.

Step two: Filing a K-1 visa petition

The paperwork process to bring your fiancée in the United States starts with filing a K-1 visa petition. But first, it’s imperative that you familiarize yourself with all the branches involved in the immigration process. There’s the USCIS, the U.S Department of State (DOS), and the Customs and Border Protection.

There are different stages involved, and their nature typically includes thoroughly verifying background and security checks on a couple. Fingerprints, biographic, or biometric data may be required to obtain the criminal history or any other information deemed necessary for visa approval.

When applying for a fiancé(e) visa, your Form 1-129F should be submitted to the USCIS center that serves the area where you live. Your form may be declined if filed at the U.S Consulate, Embassy, or USCIS office abroad.

Here is what you’ll need to do when filing for 1-129F:

•  Download the petition from the USCIS website: Be sure to carefully go through the form instructions before you start filling it out. If anything is not clear or have any questions, don’t hesitate to consult with an immigration attorney.

•  Submit the necessary list of documents to support your petition: In addition to the documents we discussed in step one above; you’ll need to provide documentary proof of your U.S citizenship. Your copies of U.S. passport or U.S. birth certificate are sufficient. Another important piece of documents are the passport-style color photographs for both you and your fiancée. However, these photos must have been taken within the 30 days before filing the petition.

Keep in mind USCIS agents may require that some documents be submitted in their original copies, especially original signed forms or letters. But don’t send originals if you are not requested to, otherwise, you risk losing your important documents.

•  Confirm the filing fee: When you’ve completed your petition, you should ensure that your check or money order is the exact amount of the required fee.  

•  Mail your documents: Assemble all the documents and be sure to double check before submitting. When satisfied, you can mail your package to USCIS.

After a petition is submitted, USCIS may mail you a notice acknowledging receipt or requesting additional evidence and information to supplement your petition.

If the documents are convincing enough to establish eligibility, the agents will approve your application. If unfortunately, your form is rejected, then you’ll receive a notification with the reasons for rejection

An approved Form 1-129F will be forwarded to the DOS National Visa Center (NVC), which is responsible for transferring the file to the U.S Embassy or Consulate in your foreign-born fiancée place of residence. You, the U.S citizen, will also receive a case number from NVC.

Step three: Applying for a visa

As soon as you receive a mail from NVC upon approval, you should inform your fiancé(e) to proceed with the K-1 nonimmigrant visa application process and follow the additional instructions such as completing the online application and sending additional required documents. You’ll also be notified of the exact date when your fiancé(e) will be required for the visa interview.

During the scheduled interview with a DOS consular officer, your spouse overseas applying for K-1 visa will need to present the following forms and documents:

•  A valid travel passport: The passport to the United States must be valid for not less than 6 months beyond the anticipated period your spouse will stay in the U.S.

•  Death, divorce, or birth certificates: Include copies of the U.S citizen petitioner as well as the fiancé(e).

•  Medical examinations: The medical examinations are mandatory, regardless of age. Such tests are performed only by panel physician authorized by the U.S Embassy or Consulate.

•  Proof of relationship: Although you had provided this in the first step of the K-1 visa application, your fiancée will also need to do the same to prove that your relationship is indeed genuine.

•  Police reports or certificates: The certificates needed must be from your fiancée’s country of residence. Police reports or certificate from the other countries where she has lived for at least 6 months can also count. This requirement is also applicable to children at least 16 years old.

•  A duly completed Form DS-160: The under 21 children of a K-1 visa applicant may be eligible to apply for K-2 visas. Both your fiancée and the kids will be required to complete Form DS-160. What they’ll need to present during the interview is a printed DS-160 confirmation page.

•  Proof of financial support: Evidence to prove that your spouse will be able to support herself/himself and not become a public charge in the U.S.

It is important to note that these are not all the requirements. The consular officer may require additional information and evidence to make a decision whether your spouse and children qualify for the K-1 and K-2 visa.

Step four: Lawful entry into the U.S (Inspection at a Port of Entry)

While a valid visa issued by DOS consular officer will enable your fiancée to travel to the US port of entry, it’s not a guarantee that they’ll be permitted to enter into the U.S. Your spouse will be required to comply with the U.S Customs and Border Protection rules and regulations.

When he or she arrives at the port of entry, they should provide the documents as asked by the CBP officers. The nature of the process typically involves presenting a traveling passport with visa. If your fiancé(e) has a sealed packet containing documents, the officers have a right to check it and make the ultimate decision.

To avoid surprises at a port of entry, it’s generally recommended for all travelers planning to enter the U.S to visit the official CBP website under travel to check out the key information in regards to admission and entry requirements.  

Step five: Getting Married

After your spouse is admitted to the US, you’ll have a 90 day period to plan and fully legalize your relationship by getting married. It’s best to make this happen as soon as possible because the marriage certificate you receive will be required when applying for a Green Card. Unfortunately, though, this specific period cannot be extended for any reason.

If by the end of this period you have not yet been married, then the temporary K-1 and K-2 visa will automatically expire. This could mean your foreign spouse together with the kids will need to depart from the United States. Failure to do this will be treated as a violation of immigration law, which could affect future eligibility.

Step six: Adjusting of Status (AOS)

With a marriage visa, your spouse is considered eligible to apply for a Green Card. They’ll need to file Form 1-485, Application to Register Permanent Residence or Adjust Status.

The children admitted as K-2 immigrants can also apply for a Green Card. Although, they are required to remain unmarried, otherwise, they’ll lose their eligibility.

After filling the application, your wife or husband should check their email regularly. It is because USCIS may mail them a request for additional information or an appointment notification requiring a couple to attend an interview. The interviews will not take much of your time, as they last for about 30 – 45 minutes.

USCIS usually schedules for interviews during the adjustment of status, because they want to fully confirm the documents and information that a couple had submitted on the application.

Interviews also provide the officers in charge of the application an opportunity to see whether circumstances have changed, rendering you ineligible for an adjustment of status.

While each case is different, the AOS process may take 6-8 months. And if at the time of approval the length of your marriage is less than 2 years, your spouse will receive a Green Card with a conditional permanent resident status for 2 years which must be renewed in 90-day window prior to 2 year anniversary of green card issuance.   In all cases, notifications of these immigration benefits are made in writing.

To secure permanent resident status as a conditional resident, your spouse must file Form 1-751 within the last 90 days before their Green Card becomes invalid.

If you have been married to your spouse over 2 years at the time of green card issuance, your spouse will obtain a 10-year unconditional green card.

There you have it! Contact us today or please call us with any fiancee visa questions at (866)691-9894.

/by
Bringing partner to America Visa

How to Remove Conditions on my 2-year Green Card?

, , , , ,

How do I remove conditions (I-751) on my 2-year conditional Green Card?

First, check the expiration date on your 2-year conditional green card. You may not file Form I-751 to remove conditions until you are within 90 days of the green card’s expiration date. Both you and your spouse are Joint Petitioners of the application this time around. What this means is that both of you must sign and certify in the Form I-751 that you have still been living together in a genuine marital relationship since you first received the initial 2-year marriage-based green card.   You will need to remember where you lived together for the past 2 years, the application will also allow you to include any new members of the family such as your new-born baby!

What info do I need to complete Form I-751?

You must complete Form I-751 which will ask for your biographic information and your residence history since you last applied.   You will also be asked for your petitioning spouse’s biographic information as well as listing any children you have together.   If you have many addresses to list, there is an addendum to the form where you can list the complete addresses and dates of the additional addresses.   The form is relatively straight-forward to complete.   However, an attorney who can review the form or prepare it on your behalf will ensure you check the correct eligibility category and make sure the application is done right the first time around.

What other documents do I need to prepare for the I-751?

The documents needed are similar to the joint documents you included in your I-485 application a few years ago.   You will need to prove you and your spouse was living together for the past two years since you received your green card.   These documents can include your lease agreement, jointly filed tax returns, joint bank statements, joint billing statements, joint insurance policies, photos together spanning the past 2 years.   When including photos, it is a good idea to also include a caption for each photo that lists the date, event, and location.   For example, 02/14/2019, Valentine’s Day Dinner at the Portland City Grill, in Portland, Oregon.   Also, when including monthly statements, each statement should be provided from the time you received your initial green card to present time.   You can also request letters of support from family or friends who can attest to their knowledge that you and your spouse have been in a legitimate marital relationship for the past two years.

What is the expected wait time for me to receive my 10-year unconditional green card?

Currently, the wait time for your green card to arrive can be 18 months time. In fact, after mailing out your initial I-751, the receipt notice will indicate that you have received an 18-month extension.   During this time, you will be able to continue to work and travel as you would when you had your unexpired initial green card. However, the receipt notice for the I-751 acts as a substitute for your green card. The receipt notice automatically extends your permanent resident status as you await a final decision on the pending I-751. Therefore, you can show this original receipt notice to any prospective employer, or agency that needs to verify your lawful permanent resident status in the U.S.

Can I apply for U.S. citizenship if my I-751 is still pending?

Yes, you can! If your I-751 has been pending for a year, and you are still living together with your petitioning spouse, more likely than not, you will be eligible to apply for U.S. citizen based on marriage for at least three years as a permanent resident. However, you can apply even sooner through the 90-day rule which allows you to apply as soon as 2 years and 9 months from the date your green card was issued. This means that often times, while the I-751 is pending, you can prepare to file the form N-400 for citizenship. Once you are able to attend the citizenship interview, the officer will see that the I-751 is still pending and be able to adjudicate both applications at the same time. This will allow you to continue to process your applications despite the increased delays in I-751 petition processing.

If you have any questions regarding the I-751 application process, call us today at  866 691 9894 to set up a consultation.

/by