Returning to your Home Country to Complete your Green Card Immigrant Visa Processing is Not always a Good Idea!

In order to stay in the U.S. to complete your Green Card Processing, after your current status has expired can only usually be done if you are an Immediate Relative (minor child, husband, wife or parent of a U.S. Citizen). If you are not an Immediate Relative you usually have to return to your home Country to complete the process but there are exceptions depending on each person's particular situation.

However if you overstayed (your current Visa expired), once you leave the U.S. you may be barred from entering the U.S. for 3 or 10 years depending on the length of time you stayed in the U.S. after your Visa expired. That is why it is so important that you check with an Immigration Attorney before you leave the U.S.

Learning what your rights are under the law is the best way to find a solution to your problem and what you need to do to solve your problem.

In regard to the 3 and 10 year Bars, you have to apply for a special waiver which is not easy to get. Your situation would have to show extreme hardship to your U.S. Citizen/Green Card Spouse or Parent in most cases.

There may be other options depending on your situation such as what year you arrived here, when the petition was submitted, your particular country of origin or if you were a minor child when one of your parents became a U.S. Citizen as well as other situations too numerous to mention.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

Traveling outside the Country as a Green Card holder – Things you should know about keeping your Green Card and Naturalization

As a Green Card Holder you are basically saying that you are living in the U.S. not is another country. If you stay outside the U.S. too long the government may believe that are no longer living in the U.S. If they determine that you are no longer living in the U.S. (Abandoned your Residence) they can have your appear in Immigration Court and take away your Green Card. If you know that you will be outside the U.S. for over 6 months or more you can ask for permission to be out longer in Advance. This still does not guarantee that you will not be stopped and questioned by U.S. Customs when coming back to the U.S. It really depends on your personal situation.

If you received a Green Card through Asylum and travel to the country that you asked for Asylum from you can also run the risk of ending up in Immigration Court to have your Green Card taken away. If for some reason you have to go back to the country you were granted Asylum from you should talk to an Immigration Attorney about your situation.

In regard to becoming a U.S. Citizen, after you have had your Green Card for the required period of time, your time outside the U.S. and the Countries you traveled to will come up again. People have applied for Citizenship and have instead received a Immigration Court Notice. You have to be in the U.S. generally half the required time period before you apply for U.S. Citizenship.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

Green Card Holders and Domestic Violence do not Mix (One slap can cost you a lot)

Domestic Violence is a very broad term it can be as little as a Husband or Wife grabbing the other by the shoulders and giving a little shake. It can be a minor slap in the face after hearing some unacceptable/insulting words. Finally it can may be true act of domestic violence that the laws were designed to prevent and protect against such as violence that results in serious injury. Just the word domestic (this means child, wife husband, old/ailing parent, handicapped family member/household member) mixed with the crime of assault, battery, harassment or stalking can result in a person losing their Green Card in Immigration Court.

My first piece of advice is to think carefully before bringing the police into your dispute unless there has been any kind of significant violence involved. Admitting to physical contact no matter how innocent or minor will force the police in many states to arrest that person. Often married couples who have different languages, cultures and customs misunderstand one another which can lead to disagreements and arguments. Make an effort to resolve disputes without involving those outside your family and community unless serious violence has occurred or there is a real possibility it will occur.

It may be possible, in certain situations, to avoid losing your Green Card and being Deported if the person gets an Immigration Attorney involved right from the beginning. Court cases and charges can sometimes be modified to avoid the immigration effect on your green card or status in the United States. If you were convicted, you will need all the court and other related documents. In many case, if the touching is minor, with no injury resulting the loss on a person’s Green Card can be avoided.

Beware that this can come up often years later when one returns to the U.S. after a trip out of the country or applying for Naturalization. One of the biggest mistakes people make is thinking that because they have not heard anything from U.S. Immigration for years since their arrest and or conviction that they are not in danger of losing their Green Card or other Status in the United States. There are many situations where the government has just not noticed you but each time you go outside the country or apply for some immigration benefit you are at risk of bringing that arrest or conviction to the governments attention and they will take action once it has been noticed.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

How to stay in the U.S. and get a Green Card even though you entered the U.S. Illegally!

There are ways to stabilize your status and get a Green Card even though you entered the U.S. Illegally (EWI – Entered Without Inspection). If you entered around the year 2000/2001 or earlier and some immigration papers were filed, you may be able to apply for a Green Card depending on your situation.

You may also be able to apply if you or your family has experienced threats or violence in your Home Country. Some Countries have special rules that may make it possible for you to apply for a Green Card.

Unfortunately, there are also many people where there is no way under the current laws that they will ever be able to get a Green Card even if they marry a U.S. Citizen or have U.S. Citizen Children.

Please beware of unlicensed non-attorney document preparer’s because there have been too many clients who have come to my office in tears after paying a lot of money to get a Green Card from them but their promises turned out to be lies. Either the wrong papers were filed or it was never possible to get a Green Card to begin with.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

You have a Green Card but you have been arrested what happens next?

Many people are under the mistaken impression that just because a crime is labeled a Misdemeanor or a Traffic Violation that the event will not have an effect on their Green Card. This is just not the case because a Green Card holder can lose their green card if they have done certain acts. Immigration rights are controlled by U.S. Federal Law which decides which crimes are serious or not regardless of the fact that a State may call their law a minor offense (misdemeanor). The Green Card Holder does not even have to be convicted of the crime just being arrested or admitting to the illegal act may affect their right to keep their Green Card.

Crimes to be particularly careful about are any crimes with drugs involved, violence involved, stealing (theft) involved, deceit (fraud), domestic violence involved or traffic accidents resulting in physical injury or extensive damage to property. There are many other types of crimes but these are some of the more common ones that end up having Green Card Holders put in Deportation (Removed from the U.S.) Proceedings.

In some cases, the person may not know that their Green Card  can be taken away. They usually only find this out when they are returning from a trip outside the U.S. (Where CBP will run a criminal background check on them) or when they apply for Citizenship (instead of getting U.S. Citizenship they get a Deportation Court Notice).

There are many situations that can be fixed but a Green Card Holder must act immediately. Any Person having a green card who has been arrested, detained, convicted or even  involved a traffic accident should get a copy of all the court documents, police reports/accidents and any other related documents. They should see an Immigration Attorney as soon as possible to find out if this will affect their Green Card, if it can be fixed and how best to fix it.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

Green Card Marriage and Financial Obligations

A Green Card through marriage requires an affidavit of support. What does that mean? It mean generally that the U.S. Citizen Husband or Wife has to support their foreign spouse to at least 125% above the Federal Poverty Guide Line for 10 years. The U.S. Citizen or Green Card Sponsor will be financially responsible if the person they sponsored uses any means tested benefit paid for by the Federal Government.

Slowly this support obligation is being considered by divorce courts deciding if any or how much alimony (spousal support) should be paid as part of the divorce settlement. The foreign spouse has certain rights as well as their U.S Citizen Husband or Wife. The law in this area varies depending on which of the states in the U.S. a married couple is living. There are very few court decisions in this area but the situation is rapidly changing.

Both the husband and the wife need to think carefully and understand what their rights and obligations are. Getting a divorce a few years later may not release the U.S. Citizen or Green Card Sponsor from their obligations to their former spouse that they helped get a green card.

It is important for you to know that not only the green card holder is required by immigration law to notify the government (USCIS) within 10 days of changing their address but the U.S. Citizen who sponsors a person for a green card must also give the government notice of any change in their address as well during the 10 year obligation period.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

Fiancée or Marriage Green Card Petition which do I choose? The answer can be simpler than you think

If your spouse or future spouse is in the U.S., there is no need to file a fiancée petition. However she or he has to have entered the U.S. Legally with no crimes or past visa problems. Like any immigration petition or application it is so very important to fill the forms out correctly and completely or you can face delay in the processing that can take years to complete.

A spouse in certain circumstances can still get a green card even though they did not enter the U.S. legally but the rules are tricky and there are certain requirements that have to be met which many people are not able to meet.

Fiancée Petitions are for your future spouse who is not in the U.S. You can usually bring your spouse to the U.S. from her country to get married. The law requires that you have met in person within the last 2 years before filing but there are special situations where this can be waived. If approved you must get married with 3 months from the time your spouse enters the U.S.

If your spouse has children from an earlier marriage or relationship there are certain advantages to filing a fiancée petition rather than marrying first if the child is over 18 years old or older.

In short, marriage is a big step and is even more difficult when having to file immigration papers. It is important to plan carefully on what has to be done for the next few years.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

Think Carefully before Applying for a Green Card while you have a different non-immigrant (Non-Green Card) Visa

There are many ways to come to the U.S. either as an Immigrant (Green Card - LPR) or a Non-immigrant. Many Non-Immigrant (Temporary Stay) Visa require you to have “no intent of permanently staying the U.S.” If you, spouse or your employer is considering submitting a application to get you a Green Card you risk losing your current Non-immigrant Visa.

Once you leave the U.S. you will probably not be allowed to enter again until your green card is approved. You may not be able to get another Temporary Visitor Visa at the Embassy/Consulate in your country until your Green Card is Approved.

Plan carefully and be aware of what could happen while you are visiting or planning to visit the U.S. once a Green Card Application has been submitted for you.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.

How not to get in trouble when extending your Stay in the U.S. on your current Visa or Changing your Status within the U.S.

Requesting a change of status (example B-1 Business Visitor to H-1B Temporary Worker) or extending your status (Stay for another 6 months on your B-1 Visa) can be a very tricky situation and there are important facts you need to know and understand before applying.

When changing your Status, once you leave the U.S. you would no longer be able to enter the U.S. again in that status and you would have to start the process from the beginning overseas to get a new visa. If you have a current Multiple Entry Visa, it might be better to return to your country prior to your I-94 expiration date and come back into the U.S. rather than losing your current visa.

In extending your status in order to remain in the U.S. longer you will need a good reason that is acceptable to the government and have documents to prove it.

When attempting to change your status (as student, worker, etc.) or extend your status in order to stay in the U.S. longer, please keep in mind that if your current stay expires (date in your passport) the government could denies your request. If the government (USCIS) denies your request after your stay has expired you will be considered out of status (Illegally in the U.S.) from the expiration date listed in your passport. As a result, you will have very difficult time getting admitted to the U.S. or having a Visa approved in the future.

You should always try to request an extension or change of status at least 45 days prior to the expiration date in your passport. If you have made a request less than 45 days it may be better for you to leave the U.S. if you have not received an answer from USCIS prior to expiration date in your passport for your current stay.

Please contact a licensed Immigration attorney before you act on your specific situation. Immigration Laws and Federal Regulations are constantly changing and the general information provided can change over time.