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Evidence of Prior Fraudulent Marriage Precludes Approval of Subsequent Marriage-Based Green Card Petition

The Board of Immigration Appeals ruled that substantial and probative evidence that a prior marriage was fraudulent and entered into for the purpose of evading the immigration laws justifies the denial of a subsequent green card petition. This applies if the first green card petition was denied because of insufficient evidence of a bona fide maritage.

Please note that this article does not constitute a legal advice.  If you would like to obtain a marriage-based green card or consult how this decision may impact you and your case, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online.

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How can an undocumented immigrant get legal status in the US?

Some undocumented foreign nationals may be eligible for asylum if they can establish that because of a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion, are unable or unwilling to return to their country of nationality, and are unable or unwilling to avail themselves of the protection of that country.

Foreign nationals in removal proceedings may be eligible for cancellation of removal if (i) they have been physically present in the US for a continuous period of 10 years, (ii) have been persons of good moral character for 10 years, (iii) have not bee convicted of certain offenses, (iv) establish that removal would result in exceptional and extremely unusual hardship to US citizen or legal permanent resident spouse, parent or child and (v) warrant a favorable exercise of discretion.

Persons who: (i) have suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity (such as murder, rape, kidnapping, domestic violence), (ii) possess credible and reliable information establishing that (s)he has knowledge of details concerning the criminal activity, (iii) have been helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of criminal activity and (iv) criminal activity occurred in the US or violated a US federal law that provided for extraterritorial jurisdiction may qualify for U visa.

Certain persons are allowed to apply of adjustment of status notwithstanding the fact that they entered without inspection, overstayed, or worked without authorization if: they (a) are beneficiaries of a labor certification or visa petition filed on or before January 14, 1998; or (ii) are beneficiaries of a labor certification of visa petition that was filed after January 14, 1998 but on or before April 30, 2001, and were physically present in the US on December 21, 2000.

Undocumented immigrant’s spouse, adult child or parent who are US citizens may petition for their legal permanent resident status.

Temporary protected status (TPS) is a temporary benefit to certain nationals of designated countries due to conditions in the country (such as ongoing armed conflict, an environmental disaster, or an epidemic or other extraordinary and temporary conditions) that temporarily prevent the country’s nationals from returning. Countries currently designated for TPS are El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria and Yemen.

Undocumented persons who demonstrate that the (i) they came to the US before reaching 16th birthday, (ii) were physically present in the US on June 15, 2012, (iii) have continuously resided in the US since June 15, 2007, up to the present time, (iv) entered without inspection or were out of status on June 15, 2012, (v) were under the age of 31 on June 15, 2012, (vi) are currently in school, graduated or obtained a certificate of completion from high school, obtained GED certificate or are honorably discharged veterans of the Coast Guard or US Armed Forces may qualify for Deferred Action for Childhood Arrivals (DACA).

Please note that this article does not constitute a legal advice.  We simplified the law to outline some of the options to consider for undocumented immigrants to get legal status in the US. If you would like to obtain legal status in the US, call our experienced immigration attorney at 480-425-2009 or schedule your consultation online.

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What are the income requirements for marriage green card?

In order to obtain a green card (legal permanent resident status), the green card applicant must submit an affidavit of support by a sponsor.   The sponsor must be a US citizen or legal permanent resident, 18 years of age, domiciled in the and have an income 125% above the federal poverty line. In 2020, an income 125% above the federal poverty line for a household of 2 people is $21,550, for a household of 3 people $27,150 and for the household of 4 people is $32,750.   The income of certain household members may be included.  If the sponsor cannot meet the minimum-income requirements, (s)he may provide evidence of assets that are readily available or seek a joint sponsor.  The affidavit may not be necessary if the green card applicant already has 40 quarters of earnings in the US.     

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of the marriage green card process.  If you would like us to obtain a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online

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Fiancé visa during COVID-19 pandemic

We started this process when a US citizen came to my office a year ago to petition for her fiancé in the Middle East.  They met online and have been communicating remotely for several years.  Last year, her fiancé traveled to the US and they met in person, which allowed us to file the petition for her fiancé.  It took only 3 months to have the petition approved by the USCIS.  Then, the case was sent to the National Visa Center and in four weeks the National Visa Center sent the case to the US Embassy in Jerusalem.  The interview was scheduled in 10 weeks and the visa was approved.  Then, the US Embassy put the case in administrative processing. At the end, the fiancé visa was issued, the fiancé entered the US and just married his fiancée and we are getting ready to file the adjustment application. 

Please note that this article does not constitute a legal advice.  We simplified the law to outline the marriage green card process and discuss the processing time of the marriage green card. If you would like to discuss if you may qualify for a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online

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How long does it take to get a marriage green card?

The marriage green card process is usually a very happy process. The newlyweds are excited and full of expectations for their happy lives together. The process is different if the foreign national is already in the US or if the foreign national is still in a foreign country.

If the foreign national spouse is still living in a foreign country, the process
starts with filing of a petition for the foreign national spouse. The average processing time to have the petition approved is now 6 – 7.5 months. Once the petition is approved, it’s sent to the National Visa Center, which takes approximately 30 days. The National Visa Center will need some documents to be submitted and the immigrant visa application needs to be filed. Once the National Visa Center receives all documents, it sends the case to the US Embassy or Consulate for an interview. The time it takes to schedule the interview depends on the US Embassy or Consulate. The interview is usually scheduled within a few months. Some US Consulates take longer to schedule an interview, for example in Ciudad Juarez in Mexico it is taking 6-8 months to have the interview.

If the foreign national is already in the US and is eligible for an adjustment of status, the processing time depends where (s)he lives. For example, in Phoenix, the average processing time to adjudicate the adjustment application is now 9.5 -29. months.

Please note that this article does not constitute a legal advice.  We simplified the law to outline the marriage green card process and discuss the processing time of the marriage green card. If you would like to discuss if you may qualify for a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online

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Marriage Green Card Interview Completed in 25 Minutes

We would you like to congratulate to our client who just received approval of her marriage green card application. She is from the Philippines and was introduced to her American husband through mutual friends. Her husband traveled to the Philippines twice before he proposed. He came to Juras Law Firm seeking representation in the fiancee and marriage green card process. We prepared the petition for fiance documenting thoroughly our clients’ relationship. It took less than 5 months to have the petition approved. After our client entered the US with her fiancee visa, our clients got married and we prepared the marriage green card application. At that time, we already had a note for a doctor that our client is pregnant. We created a plan for our clients what evidence we wanted them to gather while waiting for the marriage green card interview. It took 14 months before we received the notice of the marriage green card interview. We prepared all the documents that the USCIS wanted to see and the marriage green card was approved in 25 minutes. Our clients were happy that the entire process went smoothly. Congratulations to receiving your marriage green card!

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Marriage Green Card Approved in Less Than 10 Minutes

My clients met 3 years ago and got married 23 months later. The husband is a citizen of France and the wife is a U.S. citizen. They came to my office a few months after they got married seeking representation in connection with wife petitioning for her husband’s marriage green card. I explained the process and the importance of documenting bona fides of their marriage and created a plan for evidencing all aspects of bona fides of their marriage.

At the time of filing the petition, the processing time was less than a year. However, recently, the processing time has increased and it took 1.5 years for the interview to be scheduled for them. My clients followed my advice and documented bona fides of their marriage diligently exactly according to my instructions. I prepared my client for the interview and they knew exactly what to expect at the interview.

Once the officer of the U.S. Citizenship and Immigration Services (“USCIS”) saw that we presented evidence of all aspects of their marriage and once he saw all evidence the USCIS expects to see in a marriage green card case, he approved the husband’s marriage green card in less than 10 minutes. The officer did not even ask how they met!

This marriage green card case really shows the importance of preparation, the importance of working with an experienced immigration attorney who knows exactly what the USCIS expects and wants to see in order to avoid any delays and have the marriage green card case processed smoothly. Congratulations!

If you like your marriage green card case to go smoothly and be processed without delays, call the marriage green card immigration attorney Irena Juras at 480-425-2009 for a consultation or contact us through our website. We look forward to helping you get your marriage green card!