I was visiting my fiancé in the United States and cannot leave due to the pandemic since there are no flights available and it is not safe to travel. Can I apply for a Green Card while I’m visiting my fiancé based on how scary it is to be separated during the pandemic?

The intersection of immigration law and criminal law can arise within the United States in many different scenarios such as the following: (1) when a foreign national is either visiting or working in the US and is arrested while here; when the foreign national is applying for a Green Card while in the United States and is arrested prior to or during the adjustment of status process; or when someone has to deal with explaining their criminal history during the “good moral character” analysis of the citizenship process. This article by prominent Criminal Defense attorney, Elena Fast, answers some of the most frequently asked questions by foreign nationals trying to navigate the complicated criminal terrain in the United States.

An I-94 is the US Customs and Border Patrol's official record of a non-immigrant's legal entry into the US. The I-94 is needed to show that the non-immigrant entered into the US legally with a valid visa, and also whenever the non-immigrant applies to change their status either to another non-immigrant category or animmigrant category.

Who doesn’t like to save money? I certainly do—so I don’t blame people for asking this question and even up to a year ago, I would tell many of my clients who had seemingly straightforward cases that they could attend the interview themselves after I had given them a mock interview. However, with the recent immigration climate, we see a rather hostile trend with respect to how clients are treated at immigration interviews.

Many states grant a legal name change when the Foreign National spouse gets married—this new married name is usually printed on the marriage certificate if you apply for the license requesting the name change. If the new name is printed on the marriage certificate, it gives the Foreign National the right to elect to use their spouse’s last name or to hyphenate their name with their spouses name. Whatever decision is made at this point, the Foreign National should going forward, consistently use the name they opt to take. 

If you are on an H-1B visa, there is no reason you can’t get married to a US citizen as long as you honor the immigration laws and procedures that apply to most non-immigrants transitioning to an immigrant visa (marriage-based Green Card). The following are some important considerations to keep in mind:

• I have a student visa and my spouse has a Green Card. Can he apply for my Green Card now or should we wait until after he becomes a U.S. Citizen

• Will I get in trouble if I came here to study but ended up marrying my Green Card holding boyfriend/girlfriend?

• What if I overstay my student visa. Can I still get a Green Card if my Green Card holding spouse petitions for me?

Marriage in the modern day can be challenging enough as it is. Unpredictable immigration processing times, however, often end up leading to long periods of physical and emotional distance for couples waiting to live out the American Dream in the US. We have had many cases where by the time the foreign spouse arrives in the US, the marriage has already fallen apart. The question is, what can the foreign spouse do to keep themselves and their immigration case together in this new chapter in their lives?

Entering as a boyfriend/girlfriend on the visitor visa, or ESTA (also known as the Visa Waiver Program), is not in and of itself a visa violation. It can, however, become a problem if the girlfriend/boyfriend plans to use the non-immigrant visa to enter, and then take actions that are contrary to the intent of the visa by, for example, getting married to their US citizen love interest. This is because marriage to a US citizen implies immigrant intent, according to the US immigration laws, and traveling with what's called "dual intent" is strictly forbidden when it comes to the visitors visa or ESTA.