Trump’s New Executive Order Targets Work Visas & Nonimmigrant Workers

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On August 3rd, 2020, President Trump issued an executive order entitled “Executive Order Aligning Federal Contracting and Hiring Practices with the Interests of American Workers.” This order follows a trend of curtailing employment-based immigration, as Trump cites the economic crisis catalyzed by the coronavirus pandemic as a primary justification for newly adopted immigration policies. The new executive order bars federal agencies from replacing U.S. citizens and green card holders with foreign workers, accompanied by new increased scrutiny of federal contractors who use temporary nonimmigrant visas to hire foreign labor for high-skilled jobs.

The order does not require any immediate actions from federal contractors, it foreshadows a potential future order that bolsters entry restrictions and increases Department of Labor and Department of Homeland and Security audits. Furthermore, while the August 3rd order does not introduce new restrictions on H-1B visas, such a change to federal employer policy will make H-1B visas more difficult to obtain.

On August 3rd, during a meeting with U.S. Tech companies, President Trump condemned the alleged abuses of U.S. workers by the Tennessee Valley Authority, whose CEO Jeffrey Lyash recently announced that the company would replace over 200 American workers with cheaper foreign workers hired from overseas. Trump denounced that Lyash, “sadly and cruelly betrayed American workers.” Trump criticized such employers who trade American jobs for temporary foreign labor, as this supposedly reduces opportunities for American workers.

Broadly, the execuive order instructs all federal agencies to review existing contracting and subcontracting practices and to determine if these practices have adverse impacts on American workers, whether due to offshored positions or the temporary use of foreign labor. The executive order requires that federal agencies propose corrective changes to protect American workers, citing the American economy and national security as main priorities. Within 120 days of the date of the order, August 3rd, 2020, the head of each agency must also submit a report to the Director of the Office of Management and Budget to highlight their findings concerning whether their specific circumstances negatively impact U.S. workers.

Finally, the order directs the Secretaries of Labor and Homeland Security to take action within 45 days of the order to protect American workers from potential adverse effects on American wages and workers caused by the use of H-1B visa holders at job sites (and third-party job sites), including measures to ensure that all employers of H-1B visa holders (as well as secondary employers) comply with the requirements of section 212(n) (1) of the Immigration and Nationality Act.

The deep impact of this order on foreign workers is that federal agencies like USCIS and the Labor Department are now given broad discretion to assess immigration applications. This will even further delay an immigration system already in the midst of a slowdown. If a federal agency like USCIS finds reason to believe that an applicant’s immigration case will  adversely impact American workers, the applicant’s case will likely be audited or adjudicated, which further slows the painful process of obtaining a visa.

The cost of H-1B visas has already been set to increase by 75% this upcoming October from $460 to $555. Targeted by new policy, foreign employees are increasingly insecure in the United States.

In terms of impacts on immigration, the effects are drastic. It is possible that this new executive order will justify the shortening of visa durations. The entire certification process of recruitment, application, and approval certification will become more complex. While this order will not take effect for over another month, it instills anxiety and looming uncertainty into foreign workers. As they wait for clearer specifics concerning their employment, foreign workers on temporary work visas are placed in a limbo.

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Immigration Lawyer Portland Oregon Marriage Green Card

Can I still sponsor my Spouse, Parent, or Child for a Green Card during Covid-19?

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Can I still sponsor my Spouse, Parent, or Child for a Green Card during Covid-19?

As COVID-19 disrupts immigration services and proceedings in the U.S., many citizens wonder if they can still petition their relatives. Yes!—if you are a U.S. citizen of at least 21 years of age, you can still sponsor your spouse, parent, or child for a Green Card during the Covid-19 pandemic.  

Steps to take to sponsor an alien immediate relative

U.S. Green Cards allow foreign nationals to permanently reside and work in the United States.

While all USCIS in-person activities, including in-person interviews, have been temporarily suspended due to the coronavirus pandemic until June 4th, measures U.S. citizens must take to sponsor a relative for a Green Card are not be impacted by the USCIS office closures. While green card applicants and petitioners can wait until the response to COVID-19 is over, this is certainly not necessary and does not mean that the processing time will be any quicker.

First, the petitioner (the U.S. citizen sponsoring the foreign immediate relative) must file Form I-130, Petition for Alien Relative. This form establishes the family relationship between the petitioner(s) and the applicant relative (the beneficiary).

Once Form I-130 is approved, an immigrant visa will be immediately available for the beneficiary. If the immediate relative is already in the United States, he or she can submit an Adjustment of Status applications to obtain permanent legal residency if he or she successfully passed an interview with a local USCIS field office. Note that these USCIS interviews thus far have been canceled and rescheduled. USCIS offices will send notices with instructions to applicants and petitioners with scheduled interview appointments impacted by this closure. Once normal operations are able to be resumed, they will automatically be rescheduled. Through this process, the beneficiary will not need to return to his or her home country.

If the immediate relative is abroad, the beneficiary will have an immigrant visa interview overseas at a U.S. Department of State consulate or embassy through Consular Processing. Again, if a beneficiary’s home country is impacted by COVID-19 closures, he or she must wait for their local interviews to be rescheduled.

While some marriage-based green card applicants have also been approved without interviews in the previous weeks, it is most likely that the interview process will not be waived, as it is important to screen cases for fraud.

Sometimes, a petitioner can file the I-130 with an application for permanent residence (Form I-485, Application to Register Permanent Residence or Adjust Status) if they are sponsoring a spouse, an immediate relative parent, or an unmarried child under 21 years of age. After the I-485 is filed, beneficiaries may also apply for an I-765 work permit or a I-131 travel permit.

Note that non-immediate family relationships that qualify for sponsorship may also include Unmarried sons and daughters of U.S. citizens, spouses and children (F1), and Unmarried sons and daughters of permanent residents, Spouses and Children of Permanent Residents (F2A), Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents (F2B), Married Sons and Daughters of U.S. Citizens (F3), and Brothers and Sisters of Adult U.S. Citizens (F4).

In these family cases, an immigrant visa will not be immediately available upon approval of form I-130, and depends upon the Visa Bulletin issued monthly by the Department of State. The Visa Bulletin indicates which green card applications can move forward based upon when Form I-130 was originally filed. The bulletin also offers an estimate for how long it will take to obtain a green card, based on how quickly “line” is moving at that time.

General Documents Needed for Sponsorship

The following documents are needed for a U.S. citizen to foreign national sponsor a spouse, child, or parent:

  • Proof of U.S. Citizenship (Certificate of Naturalization, the Biographic page of an American passport, or a copy of a green card).
  • Birth Certificate,
  • I-94 arrival-departure record (this can now be obtained online)
  • A marriage certificate for marriage-based green cards

Financial Sponsorship  

Petitioners who have filed the form I-130 must be financial sponsors to the beneficiary, meaning that they accept financial responsibility for the beneficiary. This also means that the petitioner must reimburse, or be reimbursed by, the government if the green card holder applies for certain public benefits. For the petitioner to qualify as a financial sponsor, he or she must submit a Form I-864 and list: the past three years of income, current income, proof of tax returns from the previous 3 years, W-2 statements, current pay-stubs, and an employment verification letter. The sponsor’s household size will be taken into account in light of his or her income, to ensure that they earn above the minimum income requirements.

Impacts of Covid-19 on Public Charge Rule for Green Cards

The Public Charge Rule continues to apply for Green Card applications. This rule has discouraged green card applicants from accessing healthcare in the past, but USCIS emphasizes that treatment or preventive services for the COVID-19 will not negatively affect any alien as part of a future Public Charge analysis. The USCIS stresses that it encourages all aliens with symptoms that resemble COVID-19’s to seek necessary medical attention. Here is a list of government benefits that are considered during the Public Charge assessment.

Important things to keep in mind for Green Card applications during COVID-19…

  • While many facilities are still closed, the State Department has this tool to crop a photograph of yourself that will satisfy the passport photo requirement. There are many websites online (such as this one) that also mail your photographs to your home address.
  • While normally, work and travel permits cannot be processed without a biometrics notice, USCIS has been reusing biometrics (i.e. the required submission of fingerprints and a digital photo) collected during previous applications.
  • USCIS has announced that it will temporarily accept filings with electronically-reproduced copies of original signatures instead of normally required “wet” signatures for all benefit forms and documents dated March 21 and beyond from both attorneys and applicants. So long as an original document contains an original handwritten signature, it can be scanned, faxed, photocopied or similarly reproduced.

Impact of Travel Proclamations on Immediate Relative Applicants Abroad?  

Keep in mind President Trump’s four COVID-19 Travel Proclamations (China Travel Proclamation; Iran Travel Proclamation; European Schengen Area Proclamation; Ireland and United Kingdom Proclamation). However, these do not apply to spouses of U.S. citizens, parents or legal guardians of U.S. citizens, and the children of U.S. citizens.

 

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Coronavirus (COVID-19) Impact on Immigrant Applicants (Questions & Answers)

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Coronavirus Pandemic (COVID-19) Impacts on Immigrant Applicants  

Recent measures taken by the United States government, in an effort to halt the spread of coronavirus (COVID-19), have disrupted immigration services and proceedings. Here is a brief overview of commonly asked questions regarding how this pandemic will affect noncitizens, particularly green card and naturalization applicants.

 

Impact on Interviews and Appointments

Since March 18th, USCIS has temporarily suspended routine in-person services through at least May 3 in efforts to slow the spread of COVID-19. USCIS provides emergency services for very limited situations; in order to schedule an emergency appointment, contact the USCIS Contact Center. USCIS staff will continue to perform duties that do not involve any physical contact.

Please note that you can create an account with the USCIS Online Portal in order to view your current application case status, your case history, the next steps for service requests, and you can receive case updates by text or email. Sign up here. Doing this will allow you to stay up-to-date on your application.

 

Q: Is my interview still scheduled?

USCIS offices will send notices with instructions to applicants and petitioners with scheduled interview appointments impacted by this closure. Once normal operations are able to be resumed, they will automatically be rescheduled.

If you have yet to hear from your consulate office, call your consulate office. You can check the USCIS Field Offices page to see if your field office has reopened before reaching out to the USCIS Contact Center.

 

Q: What should I do if my interview is cancelled for my adjustment of status application?

Wait for USCIS to contact you with further instructions. Signing up with the USCIS Online Portal will allow you to get immediate access to information regarding rescheduling.

 

Q: What if I had an InfoPass appointment?
If you had an InfoPass appointment with a Field Office, you must reschedule your appointment through the USCIS Contact Center.

 

Q: Because USCIS offices are closed, what will happen to my biometrics appointment and how will this impact my application?  

USCIS has temporarily suspended all biometrics appointments. When USCIS resumes normal operations, your biometrics appointment will be automatically rescheduled within 90 days. You can call 800-375-5283 if you do not receive this rescheduled appointment.

 

Q: Because USCIS offices are closed, what will happen to my asylum appointment?

If you have an asylum application pending with USCIS, your case status can be checked online (you will need the receipt number mailed to you after you filed your application). If you need to contact your local asylum office, you can use the Asylum Office Locator.

Q: Because USCIS offices are closed, when will I be able to reschedule my naturalization ceremony?
USCIS will automatically reschedule your ceremony. A notice for your scheduled ceremony should be received by mail. If, in the next 90 days, you have not received this notice, reach out to USCIS Contact Center.

 

Q: If I am out of the country, am I able to switch consulate offices for an interview?

Call the National Visa Center (NVC). Switching consulate offices depends upon the circumstances.

 

Impact on Processing times

Q: How will the processing time of the application be impacted if my application is submitted? If my green card or naturalization application is submitted now, how will the processing time of the application be impacted?

All visa processing times are dependent upon the spread of COVID-19. If USCIS has informed you about rescheduling your biometrics or interview appointment, please follow the instructions in the sent document. All USCIS-related domestic delays can be kept track of here.

 

Note that all applications turned into USCIS are still being processed at their respective lockbox, but this process is taking longer than usual given the circumstances. Work and travel permits cannot be processed without a biometrics notice. Depending on how long the closures remain, this will add to the 5-8 months processing times for a work and travel permit, and to the 11- to 14-month processing time for a green card.

 

Travel-Related Questions

Q: If I am overstaying my visa due to travel restrictions or limited flights, how will this impact my application?  

Under usual circumstances, nonimmigrants must depart the United States before their authorized period of admission expires. However, USCIS recognizes that nonimmigrants may unexpectedly remain in the U.S. beyond their authorized period of stay. USCIS notes the following:

  • Apply for an Extension: Most nonimmigrants can file an application for extension of stay (EOS) or change in status (COS) to avoid the immigration consequences of COVID-19.
  • File in a Timely Manner: if a nonimmigrant’s timely-filed EOS or COS application is pending, he or she will generally not accrue an unlawful presence.
  • New Flexibility for Late Applications: USCIS may excuse a nonimmigrant’s failure to timely file an extension/change of status request if the delay was due to extraordinary circumstances. Under current regulations and as noted on our Special Situations page, if a petitioner or applicant files an extension of stay or change of status request (on Forms I-129 or I-539) after the authorized period of admission expires, USCIS may excuse the failure to timely file if it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19. The length of delay must be commensurate with the circumstances. The petitioner or applicant must submit credible evidence to support their request, which USCIS will evaluate in its discretion on a case-by-case basis. These special situations have been used at various times in the past, including for natural disasters and similar crises.
  • New Flexibility for Visa Waiver Entrants: Visa Waiver Program (VWP) entrants are not eligible to extend their stay or change status. However, under current regulations, if an emergency (such as COVID-19) prevents the departure of a VWP entrant, USCIS in its discretion may grant up to 30 days to allow for satisfactory departure. Please see 8 CFR 217.3(a). For those VWP entrants already granted satisfactory departure and unable to depart within this 30-day period because of COVID-19 related issues, USCIS has the authority to temporarily provide an additional 30-day period of satisfactory departure. To request satisfactory departure from USCIS, a VWP entrant should call the USCIS Contact Center.
  • If you would like additional information on late requests to extend or change status, you can look over 8 CFR 214.1(c)(4) and 8 CFR 248.1(c). In addition, please see Form I-129 and Form I-539 pages for specific filing and eligibility requirements for extensions and changes of status.

Q: How can I get passport photographs if there is a stay-at-home order?  

The State Department has this tool to help you crop a photograph of yourself that will satisfy the passport photo requirement. There are many websites online (such as this one) that also mail your photographs to your home address.

 

Impact on USCIS Requests
Q: What approaches are USCIS taking to increase flexibility?  

On March 27, 2020, USCIS announced that it would allow an extra 60 days for a timely response to all Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) dated between March 1, 2020, and May 1, 2020. This flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, and certain filing date requirements for Form I-290B, Notice of Appeal or Motion. USCIS will not issue new RFEs or NOIDs to account for the extended period of time. Rather, it will not take any action on the RFE or NOID until more than 60 days beyond the deadline.

 

When to Apply?

Q: If I have yet to submit my application, will my I-130 be impacted?

While processing times will increase, USCIS offices still accept I-130 applications.

 

Q: When should I submit my marriage-based green card application?

USCIS still accepts marriage-based green card applications.

 

Impact on Health Care

Q: How will being diagnosed with COVID-19 impact my green card or naturalization application?  

Care received at the emergency room, at a community health clinic, or at a free clinic does not trigger the Public Charge rule. USCIS issued a recent statement clarifying that any treatment or preventative service related to COVID-19 will not negatively affect any individual as part of a Public-Charge analysis.

 

Q: How will getting tested for COVID-19 impact my green card or naturalization application under the Public Charge rule?

You will not be impacted. Getting tested for seeking treatment for COVID-19 would not count against a would-be immigrant under the Public Charge rule. Accessing discounted care at hospitals, clinics, or other facilities will not be listed as a Public Benefit. Here is a list of government benefits that are considered during a Public Charge assessment.

 

Q: If I am receiving unemployment benefits, will my green card or naturalization application be negatively impacted under the Public Charge rule?  

Unemployment insurance is not included in the government’s list of categories of benefits that make someone a potential public charge. If you do rely on additional government benefits that are included on the government’s list, it is recommended that you attach a letter of explanation to your future application to note how the coronavirus pandemic affected your ability to work and conduct your usual activities.

 

Impacts of Relief Bill on Visa Applicants

The Coronavirus Aid, Relief and Economic Security, or CARES, Act states that immigrants are excluded from the stimulus payments, with one exception. Green-card holders are the only exception and will receive stimulus payments if they qualify. Otherwise, immigrants (including immigrants who are in the U.S. on work visas and pay taxes) are not eligible for the payments. Additionally, American citizens who are married to immigrants without Social Security numbers will not receive stimulus checks as part of the government’s COVID-19 relief efforts.

 

Impacts on International Students

Q: If I am an international student with an F-1 visa, but want to leave the U.S. for longer than five months, will this violate my F-1 status?

Current F-1 regulations state that a student may reenter the U.S. only after a temporary absence no longer than five months.

The DHS Student and Exchange Visitor Program (SEVP) is issuing updated guidance, confirming that international students with an active status will not be subject to this five-month rule. The only exception is for students enrolled in full-time study abroad programs.

 

Q: Will my SEVIS record be negatively impacted if I am doing remote learning abroad?

Your F-1 record will not be impacted during the temporary COVID-19 accommodation period, because you will be taking online courses as a student.

 

Q: I am an F-1 student who has been experiencing severe economic hardships because of the pandemic. What can I do?

F-1 students who are experiencing economic hardships because of unexpected circumstances, such as the pandemic, can request employment authorization to work off-campus by filing Form I-765 Application for Employment Authorization and Form I-20, along with any additional supporting materials. For more, click here.  

 

Such students would be eligible to apply for off-campus employment authorization if they are:

  • A citizen of a country specified in a Federal Register notice;
  • Have been lawfully present in the United States for the period indicated in the Federal Register notice;
  • Have reported on time to their Designated School Official and been enrolled in a Student and Exchange Visitor Program-certified school since the special situation;
  • Currently maintaining F-1 status; and
  • Experiencing severe economic hardship.

USCIS may also discretionarily authorize special student relief and suspend certain requirements that would normally be mandatory for individuals from certain parts of the world that the secretary of Homeland Security identifies as experiencing emergency circumstances.

 

Impact on H-2A Workers

Q: How will the recent temporary changes to H-2A requirements impact me, if I am a foreign worker in the U.S. with a valid H-2A status?

The DHS and USCIS have published a temporary final amendment on some H-2A requirements so that U.S. agricultural employers may avoid disruptions in lawful agricultural-related employment, to protect the nation’s food supply chain, and to decrease the effects of COVID-19 on national public health. Under this temporary rule, foreign workers in the U.S. with H-2A status can be employed by H-2A petitioners with valid temporary labor certification immediately after USCIS receives the H-2A petition.

Q: I am an H-2A worker but am nearing my three-year maximum allowable period of stay in the United States. However, I cannot leave due to travel restrictions related to COVID-19. What should I do?

USCIS is temporarily amending its regulations to allow H-2A workers to stay beyond the three-year maximum period. These temporary changes will support lawful employment of foreign temporary and seasonal agriculture workers during the COVID-19.

Note: only once this petition in approved and published in the Federal Register, H-2A workers will be able to stay in the U.S. for a period of time validated by the Temporary Labor Certification. If DHS determines that future circumstances illustrate a continued need for changes to H-2A regulation, DHS will issue a new temporary final rule in the Federal Register to amend the termination date.

If you have questions about how these new changes may affect your case, please contact us  on our website, by email at [email protected] or give us a call at  (866) 691-9894.

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House Passes Bipartisan Immigration Bill: What This Means For Thousands of Unauthorized Farmworkers?

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Since the 1940s, the U.S. agricultural industry has heavily relied on the undocumented immigrant labor force to support its needs. However, in 2008, after significant expenditures to increase border security, there was a massive slowdown of these farm workers coming into the country. As a result, the agricultural industry was left in severe need of workers and replacements for their aging workforce. Since then, Congress has been continually trying to decide how to fix these labor shortages, while also tackling the issue of undocumented workers. This continuous back and forth on different legislations and immigration reforms has left immigrants with a lot of questions and worries about how these changes will impact them and their legal status. The Immigration Law Group  understands these concerns and makes it a goal to provide its clients with the attention and legal expertise that they deserve. These Portland-based Attorneys are a diverse group of lawyers that have helped thousands of immigrants obtain their specific Visas and Green Cards while providing each client with the knowledge they need to feel confident about their case. With the recent news that the House has passed the Bipartisan Immigration Bill, many individuals may question how this bill may impact them? To fully understand what this bill entails, continue to read below or  contact  our dedicated staff at  Immigration Law Group  for further information.

The Bipartisan Immigration Bill and its Impact

The Bipartisan Immigration Bill:

Over the years, several legislative efforts that were geared to legalizing additional undocumented immigrants have failed. However, this new Bipartisan Immigration Bill is significant in not only its overall purpose but the Republican support that it has received. Even though the bill will still need to face the Senate’s vote, its hope of creating a pathway to citizenship for those undocumented immigrants that are working in the agriculture industry has got the attention of many waiting for a positive outcome.

How it Impacts the Agricultural Industry:

The  Pew Research Center  has indicated that in 2016, almost 15% of the workers in the agriculture industry were without legal status. This figure is a significant number that Congress has been trying to tackle. With this new bill, Congress hopes that the reforms that are introduced in it, have the potential of bringing substantial changes to an agriculture sector that has relied on undocumented immigrants for a long time. If this bill passes, it could ultimately legalize up to  325,000  unauthorized immigrants who are currently working in the agriculture business while also bring in the following changes:

  • The law would allow farmworkers who have worked in the agriculture business for at least 180 days over the last two years the ability to apply for the “Certified Agricultural Worker” status. This status would also provide long-term farmworkers a path to get their Green Card.
  • This bill would streamline the application process for the temporary visa program for seasonal agricultural workers: H-2A.
  • This bill would also create a new program for year-round agricultural industries, which in the past have been barred from participating in the H-2A program.
  • This bill would also tighten up the enforcement in the agricultural industry by requiring that farm employer participate in the E-Verify program while also freezing the minimum wage set by the government for one year. Followed by cap increases at 3.25% for the following nine years.

How This Bill Affects The Country?

If passed, this bill has the possibility of providing countless benefits to not only the immigrants that are currently in the U.S. without legal status but also aiding an agriculture business that is facing a severe labor shortage. This bill is the first step into fixing a system that has been broken for an extended period of time. One that has left the agriculture industry in critical need of workers and has created a vast black market of undocumented farmworkers that has resulted in continuous immigration raids and a lot of uncertainty for employers. Legalizing this bill is a massive step into not helping thousands of immigrants in our country, but also providing our country with a way to improve our agriculture business while moving forward with a legal workforce.

Why Call the Immigration Law Group

Understanding all these legal immigration changes can be critical in ensuring that individuals are maintaining their legal status while also providing them with the knowledge to understand all of their immigration options. At  Immigration Law Group,  it is our objective to help you stay up to date with all the immigration reforms while providing you with the assistance that you need in your case. Whether you have an immigration question that needs answering or would like to discuss your individual issue,  contact  us today to set up an appointment and see how we can help you.
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marriage-based visa

Marriage-Based Visas: What You Need to Know if You Have a Criminal History

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The pathway to United States citizenship involves many complex options and, at times, confusing criteria. Immigration law in the United States is continually evolving and changing and can cause a lot of tension for immigrants trying to figure out how it all works. Applying for a green card based on a marriage can seem like an easy procedure. However, there’s a lot to understand to this process of marriage-based visas, and it can be the difference between an approval and a denial.

What is a Marriage-Based Visa?

The marriage-based visa is one option for an immigrant to apply for a green card. It is based on their marriage to a U.S. lawful permanent resident or a U.S. citizen. There are some common misconceptions when it comes to marriage-based visas. Most individuals tend to think that it’s an automatic ticket to U.S. citizenship, and it just involves filing some paperwork. However, the overall application is still a long and tedious process with an intense petition undertaking.

What are the Requirements to Obtain a Marriage-Based Visa?

The process of filing for a marriage-based visa is pretty straightforward. However, the overall operation comes with its hurdles and requires applicants to prove that their marriage is real and valid. To qualify for this specific visa, you will need to show the following:

  • You are legally married to a U.S. Citizen or a U.S. lawful permanent resident.
  • Your marriage is real and not fraudulent. Specifically, you are proving that your marriage is not just done for a green card.
  • Documentation of your spouse’s lawful permanent resident status or U.S. citizenship.
  • Proof that neither of you is married to someone else.

The Process:

To prove that you qualify for this visa, you will need to submit to U.S. Citizenship and Immigration Services (USCIS) the required Form I-130,  along with proof that your spouse is a U.S. citizen or a lawful permanent resident, and that you have a bona fide marriage. Once USCIS approves the I-130, you will be required to pay specific fees and fill out additional paperwork that the National Visa Center (NVC) will need. Once the NVC receives all your documentation, your case will be sent to a U.S. consulate located in your home country, where you will be required to obtain a medical exam by an approved doctor and attend an interview.

If everything is complete, you will receive your immigrant visa and will be able to present it at the U.S. border to receive a stamp in your passport indicating your green card status. This whole process can be tedious and stressful, that’s why if at any point you have questions or concerns don’t hesitate to call experienced professionals that can walk you through it and answer any questions that you may have.

Does a Criminal Record Affect this Process?

During your application process for your marriage-based visa, you will encounter questions that involve your specific criminal history. The government wants to know any interactions that you have had with law enforcement and will want you to provide detailed information. You should to indicate any charges or arrests that you had, even if they have been dismissed. Having a criminal history may complicate your overall process, but they will not automatically cause your case to be denied. Although, there are three significant crimes that most likely cause inadmissibility and should be discussed with an attorney before proceeding with your filing. They are:

  1. Crimes involving an Aggravated Felony
  2. “Moral Turpitude” Crimes
  3. Illegal Drug Crimes

How Do Marriage-Based Visa’s Affect Immigrants and the Country?

There have been countless discussions on marriage-based visas, and their impact on the United States. However, the common theme in these discussions is how beneficial this visa is to overall economic U.S. growth and the country’s diversity. It’s an opportunity to expand the U.S. borders and bring in immigrants with skills that will be valuable to the people of the United States and U.S. economy.

Contact Immigration Law Group!

Obtaining a marriage-based visa can be a daunting process that can cause a lot of headaches for a couple. But, with Immigration Law Group, our knowledgeable and experienced staff can make this process a lot easier and less stressful. We will answer any question and help you prepare your submission. If you need any further information or would like to schedule a meeting,  contact us today.

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new visa policies

Will New U.S. Visa Policies Prevent The Hiring Of Foreign Workers?

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U.S. work and student visa policies have been changing since time immemorial. However, President Donald Trump proposed a change in immigration policies. These changes restrict non-US citizens and immigrants permanently or temporarily from studying, living, and working in the United States.

According to the National Foundation for American Policy (NFAP), the US Citizenship and Immigration Services (USCIS) data analysis shows that the denial rates for H-1B visa petition has risen from 6% to 32% in 2015 and mid 2019 respectively. This is as a result of the USCIS raising the standards of approved H-1b petition.

What Visa Policies Are Changing?

The most affected policy is the H-1b visa. The policy changes are aimed at improving and streamlining of the allocation of the H-1B visa. This will be achieved by slicing the administrative burden of processing the application, and to transform the selection process in favor of U.S. applicants holding master’s degrees.

The other proposed changes refers to the OPT (Optional Practical Training) program, which allows international students under the F-1 study visas to freely work in the USA for only 12 months. The changes might limit them from receiving work authorization.

Another proposed change involves the H-4 work permit program allowing H-1B visa holders’ spouses to work in the United States. Trump’s administration will not give work permit to these spouses.

How Do New Visa Policies Impact Immigrants?

1. Decline in jobs for international students

A study by NACE  (National Association of Colleges and Employers) showed that the number of employers in the U.S. planning to hire international students dropped to 23.4% in 2018 after years of consistent growth that reached 34.2% in 2015.

2. Increase in immigration fees

The cost of becoming a U.S citizen will be 83% more expensive,  and it will raise the application fees required for legal permanent residency from $1,022, to 2,915 and the citizen application fee from $640 to $1,170.

3. Fewer students applying for colleges in the U.S.

According to the Institute of International Education (IIE), enrollment of new international students in the United States has reduced by 6.6% between 2017 and 2018, and has continued to go down.

This is not favorable for the economy or the universities as well because international students pay higher fees that native Americans. For instance, in 2017, the students contributed up to $42 billion to the economy through board and room, tuition among other expenses. That’s why some colleges have reclassified economic majors into STEM degrees.

4. Foreign tech workers are moving to Canada

As a result of the proposed changes, most large corporations may be forced to relocate their jobs abroad. For example,  Microsoft had announced  a huge expansion in Canada planning to build new headquarters in Toronto and hire 500 more employees.

In addition, the  Canadian government invited skilled people in the computer and tech related fields to sign up for permanent residence under the Express Entry Program. Out of the 86,022 invites sent in 2017, Indians got 42%, China behind by 9%, Nigeria received 6% and Pakistan got 4%. The number of Indians admitted in 2016 was 9,584, which rose to 26,340 in 2017.

Do Changing Visa Policies Affect the U.S.?

Change in visa policies has pushed highly skilled foreigners out of the U.S. significantly reducing innovation. As a result, foreign affiliate employment has increased due to the increasingly strict restrictions on the H-1B visas. Multinational firms are likely to establish new foreign affiliates outside the U.S., especially in fields where services can be off-shored.

Contact Immigration Law Group!

Looking for an immigration lawyer? Well, look no further! At Immigration Law Group we have top-rated immigration lawyers to help you obtain U.S. citizenship and visas. Contact us  today to help you become a lawful permanent U.S. citizen.

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Immigration News Update on Visa Applicants Portland, Oregon

Trump Will Deny Visas To Those Who Can’t Pay for Health Care

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The Trump administration will deny visas to immigrants who cannot prove they will have health insurance or the ability to pay for medical costs once they become permanent residents of the United States, the White House announced Friday in the latest move by President Trump to undermine legal immigration.

The proclamation has been in the works for many months according to New York Times Reporters Michael Shear and Miriam Jordan. The new policy will not affect refugees, asylum seekers or students seeking to attend college in the United States.

According to Shear and Jordan “ Once the policy is in place, people seeking those visas would be asked by consular officers to show how they intend to be covered by health insurance within 30 days of arriving in the United States. That could include proof that they  will have health care through a job or will be covered under a relative’s insurance. If they cannot show that to the satisfaction of the consular office, their visa will be denied”

The recently announced policy has caused a stir, “Thousands of people annually would be denied green cards if the executive order takes effect” said Steve Yale-Loehr, an immigration scholar at Cornell Law School.

“Most people who are receiving green cards already have a job waiting or have a spouse that is employed,” Ms. Jamae said. “When you apply for a green card you already have to meet certain financial requirements.”

Other criticisms include “Most people who are receiving green cards already have a job waiting or have a spouse that is employed,” Ms. Jamae said. “When you apply for a green card you already have to meet certain financial requirements.”

Shear and Jordan also talked with, Doug Rand, a former White House official who worked on immigration in the Obama administration. Rand predicts that the president’s proclamation would be met by legal challenges.

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Visa Applicants Now Required to Submit Social Media Accounts

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Dated: June 4, 2019

The United States Department of State issued a new policy May 31, 2019 requiring nearly all visa applicants to the United States to list any and all social media accounts, emails, and phone numbers used within the past five years. The new policy was implemented in hopes of improving the visa-screening process.

Read more

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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

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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

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

How to Bring My Fiancee to the U.S.

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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.

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