As an F-1 student OPT visa holder who just married a U.S. citizen, you may be eligible to apply for Adjustment of Status I-485 to obtain a Green Card. Learn how to apply successfully.

Are you an F-1 student status with OPT and wonder if you are eligible for a Green Card via an adjustment of status I-485 based on marriage to a US Citizen or Permanent Resident spouse? Learn how to successfully apply for a green card.

Because the purpose of a fiancé visa is solely for the beneficiary to enter the United States to marry the US citizen petitioner, the fiancé visa is subject to certain restrictions. Only marriage to the US citizen petitioner who filed the fiancé petition allows the fiancé beneficiary to adjust status to permanent resident. The fiancé beneficiary cannot change status to another type of nonimmigrant visa (such as an H-1B employment based visa or an F-1 student visa etc.).

Learn about how you can apply for US Citizenship via the N-400 while your I-751 Removal of Conditions is pending based on three years of marriage to a US Citizen spouse.

Numerous H-1B visa holders request an adjustment of status through their employers, but they must wait a long time before getting their Green Cards. This is one of the main reasons that even if you have an employment based Green Card pending, many H-1B holders with US Citizen or Permanent Resident spouses opt to have their spouses sponsor them right after they get married.

USCIS has been experiencing unprecedented delays this year in 2018 due to new immigration policies and procedures that have changed the way we now advise our client. These changes directly impact when a marriage case should be filed, how travels have to be carefully planned, and when an arriving immigrant can begin working and also maintain their employment status after filing for Adjustment of Status.

I recently had a couple of consultations where a US citizen was attempting to sponsor a second spouse for a Green Card. I would attribute this to the high level of divorces that occurred during the pandemic period. But let’s take a look at what it means when the US Citizen spouse divorces spouse number one and secured a Green Card for them but the marriage eventually ended in divorce. Now, the US citizen has since remarried and has a second spouse who they are thinking about sponsoring for a Green Card. I decided to create this article to discuss this issue and to provide my opinions on what might occur or what special considerations you might need to make in this circumstance. Now, I've seen this play out in various ways numerous times.

If you become a resident based on a recent marriage (less than two years) you become a “conditional” permanent resident (conditional Green Card holder). Normally, you would file a petition with your husband or wife on the two year anniversary of your permanent resident status (90 days before the two years to be exact) in order to obtain a permanent ten year Green Card. If the marriage ends before your petition is filed, or your spouse refuses to cooperate with your petition – you may still be eligible to become a permanent resident and remove conditions on your Green Card successfully.

While your family-based green card application (Form I-485) is being processed, and if you presently reside in the United States and want to work for a U.S. company, you must get a work permit first. If you reside overseas, you cannot apply for a work permit.

When applying for a stay or residence abroad, such as in the United States, you are required to submit a copy of your Birth Certificate or an equivalent document. Every member of your family that is looking to apply for residence via a Green Card (on the basis of marriage or having family ties, for example) must present their own Birth Certificate.

All foreign documents must meet the USCIS translation requirements whether you have an adjustment of status Green Card case or a consular processing case. Failure to comply with the stipulated guidelines can be counterproductive to the outcome of your citizenship/immigration application process, either by having documents needlessly rejected or delayed.

At Khunkhun Law, family based immigration is our bread and butter. We have accompanied clients to adjustment of status interviews hundreds of times and have a great deal of experience with respect to what you can expect when it comes to your interview. Marriage based adjustment of status cases especially, require very special interview preparation because the case depends on documentation almost as much as the clients’ testimony.

Whether you are married to a U.S. citizen or a Green Card holder, the way these cases are managed can differ significantly. Also, the timelines for the latter can be longer which means that the H-1B spouse will have to make sure that they take care of their status while the Green Card case is pending.

The United States Citizenship and Immigration Services (USCIS) grants conditional permanent residence first. Then, it begins an inquiry into the legitimacy of the marriage. Accordingly, as part of the joint petition, documentary evidence showing that the marriage was bona-fide needs to be submitted. The timeline for filing this Joint Petition with the USCIS service center is 90 days before the expiry of two years from the date of the initial grant of conditional permanent residence.

The act of filing an I-130 reveals to USCIS, that the beneficiary has an intent to immigrate to the United States. Therefore, when an I-130 beneficiary applies for a non-immigrant visa, things can get pretty complicated

Whether you are in the US or abroad, as the spouse of a Green Card holder/US citizen, the whole process begins with the filing of USCIS Petitions IN THE UNITED STATES. This is true whether the marriage occurs abroad or in the United States. The first step must be the filing of the Petition for Alien Relative (Form I-130) IN THE UNITED STATES along with proof of the relationship such as photographs, communications, including text messages between the couple, social media evidence if applicable, and evidence of joint responsibilities and liabilities, if any. The fundamental difference is the following:

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.

Based on a meeting with USCIS and CBP offices yesterday we have some updates to help alleviate the anxiety of our clients in these dark times so you can manage your expectations accordingly