If you are considering a fake, or sham, marriage as a means of getting U.S. lawful permanent residence (a green card), you probably already know that what you are planning is illegal. In this episode attorney Jacob Sapochnick, Esq. explains the consequences of entering into a fake or sham marriage.
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In this video, we cover a successful I-601A Waiver case. For legal advice please visit us at www.h1b.biz
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In this post, Attorney Jacob Sapochnick Esq, will address one of our most frequently asked questions for Same Sex Marriage and Green Cards: Is Proof of Real Marriage Required, Standard of Proof?
Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013:
“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
What about immigration benefits other than for immediate relatives, family-preference immigrants, and fiancés or fiancées? In cases where the immigration laws condition the benefit on the existence of a “marriage” or on one’s status as a “spouse,” will same-sex marriages qualify as marriages for purposes of these benefits?
Yes. Under the U.S. immigration laws, eligibility for a wide range of benefits depends on the meanings of the terms “marriage” or “spouse.” Examples include (but are not limited to) an alien who seeks to qualify as a spouse accompanying or following to join a family-sponsored immigrant, an employment-based immigrant, certain subcategories of nonimmigrants, or an alien who has been granted refugee status or asylum. In all of these cases, a same-sex marriage will be treated exactly the same as an opposite-sex marriage.
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In this post, Attorney Jacob Sapochnick Esq, will explain the process of immigrating a foreign spouse to the United States utilizing ShowMe drawing technology.
The first part of the process is to file the marriage petition I-130 with USCIS.
Once approved, the following steps take place after you have submitted all required forms and documents to the NVC:
Step 1
If you are the beneficiary of an I-130 petition, you should contact your petitioner to ensure that they have completed Affidavit of Support Processing.
Step 2
Once the NVC has received your forms and documents, the NVC will review your immigrant visa application and may request additional information from you.
Step 3
Approximately one month before your visa interview appointment, you will receive an appointment letter containing the date and time of the interview, along with instructions for obtaining a medical examination.
For more information on filing an I-751 Waiver please contact our office. Remember to follow us on Facebook, Youtube, Twitter, and Instagram
In this post, Attorney Jacob Sapochnick Esq, will explain the process of obtaining a green card based adjustment of status utilizing ShowMe drawing technology.
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Overview:
An immigrant who is married to a U.S. citizen becomes what is called an “immediate relative” in USCIS terminology. There are no limits on the number of immediate relatives who are allowed to apply for permanent residence (a green card) each year. The only waiting period is the time it takes for the paperwork to be processed by the U.S. government. But this is where things can get complicated.
Even if the immigrant is currently in the United States, he or she cannot count on being able to apply from within the U.S., through the process known as “adjustment of status.” Instead, the immigrant may have to leave the U.S. and apply for the green card overseas, through what’s called “consular processing.”
There are many benefits to staying in the U.S. during the entire green card application process. With adjustment of status, the couple won’t be separated, and the immigrant will receive a work permit once the application is pending at USCIS. The U.S. spouse, who must attend the interview, can provide moral support, and be on hand to answer any questions about his or her capacity as a financial sponsor. And, the couple can bring an attorney along; especially useful if there are any complications in the case, such as a criminal conviction.
The key to whether someone can adjust status is, in most cases, whether he or she entered the United States legally or illegally.
Immigration Lawyer Blog