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Marriage Based Green Card or Fiancé Visa Options: Which is the Best One for You?

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What is the difference between a marriage based green card and a fiancé visa? The difference between a marriage based green card and a fiancé visa is essential and makes the difference between a successful green card application and a rejected one.

In this video, Immigration lawyer Kaushik Ranchod of the Ranchod Law Group in Sacramento, CA, offers advice based on experience that can help those of you seeking to file for a green card and need to understand the difference between these two visas.

Kaushik illustrates your best options for filing to avoid undergoing denials in your immigration application. Kaushik dives into the most frequently asked questions many couples have regarding these complex immigration applications.

By listening to this video, you will gain insights on when you should apply for the marriage based green card, the k-1 visa, or the immigrant visa. In this video, Kaushik explains why the strategy is so important and how it can influence the outcome and ultimately receive an approval or a denial. Not only will you learn which visa option is the safest and will not get you banned, but you will also learn which is the fastest way that leads to approval.

Which is the fastest immigration process that leads to permanent residence?

Let’s examine which immigration process is typically the fastest. The fiancé visa is the situation where you’ve met your fiancé, and you’ve decided to get married within the next three months.

Choosing to marry is different than already being married. If you are already married, things change significantly. If you are already married, the procedure you need to undertake is different. You’ll undergo either the immigrant or the marriage based green card process, which I will describe in detail after describing the fiancé visa process.

The Fiancé Visa Process

When we talk about the fiancé visa process, it is implicit you are not already married. It is essential to understand that you need to stay in the fiancé visa process lane if you start the fiancé visa process. You want to stay in that lane until the end of the process and then apply for the marriage based green card.

After you enter the U.S., you get married to your U.S. citizen. The requirement is to marry within 90 days. Now, if you don’t marry within 90 days, that’s a whole other topic for another video. However, suffice it to know that, should you not marry your fiancé within the 90-day window of opportunity, this could create some problems for you. Assuming you get married within 90 days, you apply for the marriage based green card.

One of the key differences between the marriage based green card and the fiancé visa is that the fiancé visa does not get you a green card. With a fiancé visa, you can enter the country to marry and eventually stay permanently.

Speaking about the difference between these visas, I often get the question:

“well, why would I want to apply for a fiancé visa rather than a green card?”

That is a great question! You would want to apply for a fiancé visa rather than a green card because the fiancé visa is typically faster than an immigrant visa. The I-130, Petition for Alien Relative, now requires anywhere from 13 to about 17 and a half months to be approved.

The processing times for the I-130 Petition for Alien Relative immigrant visa are constantly changing. On the other hand, the fiancé visa will typically be approved in less than a year. Again, these times are continually fluctuating, and they’re dependent upon U.S. government processing times.

No immigration lawyer has control over how fast those times move. Processing time is entirely up to the government. If you have an application prepared correctly initially, that’s going to prevent a request for evidence that could slow down your case and could even avoid denial, in which case you would have to start all over.

An essential requirement for the fiancé visa is that you have met within the last two years. You can prove you have met with your fiancé through passport entry stamps or plane tickets. Travel documentation is a primary evidence you can use to demonstrate that you’ve met within the last two years.

You also want to prove that you have a real relationship. Proving your actual relationship with your fiancé is extremely important: this is where I see many mistakes happen. Many tend to think: well, I’m a U.S. citizen, so that’s enough. It’s not! You have the burden of proof to demonstrate that you have a real relationship with your fiancé. So you might ask: “well, how do I do that?” A typical example of proof would be, for example, having photos of you and your fiancé together when visiting her. Other valid forms of evidence are correspondence and gifts you may have sent. Wedding preparations are also good supporting evidence. You also need to have a statement explaining what happened with your entire relationship and how it progressed.

If you or your fiancé have criminal issues, you’ll want to talk to an immigration lawyer. In fact, there may be some grounds that prevent you from entering the U.S. and you may need a waiver.

Suppose you, as a U.S. Citizen, have certain particular types of criminal records. In that case, you will want to talk to an immigration lawyer to see if you can get a waiver to overcome those specific criminal issues.

With the fiancé visa, your fiancé is outside the U.S., so at the beginning of the process, the first step in that process is the k-1 petition (Nonimmigrant Visa for a Fiancé). The I-129F, Petition for a Nonimmigrant Worker, is filed with the USCIS. After USCIS approves the I-129F Petition for Alien Fiancé, it then goes to the National Visa Center.

The National Visa Center will perform background checks and will require additional documentation. Furthermore, the U.S. Embassy may require other documentation, for example, the I-134 Affidavit of Support. Another requirement often foreseen at U.S. embassies is the DS-160 (Online Nonimmigrant Visa Application form). I recommend you consult the U.S. Embassy website to see what those specific requirements are because every embassy has particular requirements.

You will need police clearance documents. It is general practice to produce police clearance documents to demonstrate you do not have any criminal issues. Immigration authorities require police clearance documents from places where you’ve resided for more than six months during the fiancé visa process.

Then, at the very end of the process, you go to the interview. Joint documents are crucial for the interview. It is during the interview that you will demonstrate that you have a relationship. In fact, they will review the documents and ask you questions about your relationship. After approval, you can get married and then apply for adjustment of status, triggering the green card process.

The marriage based green card process

Now let’s examine the marriage based green card process. So the marriage green card process is for when you are already married and you live in the U.S. with your spouse. You could consider this option if your spouse is already here. There’s no reason you would apply for a K-1 Visa – you could also consider applying for an immigrant visa.

If your spouse is in the United States, you would want to go ahead and apply for the marriage based green card unless your spouse came in with the intent to stay in the United States permanently. In this case, you need to follow the immigrant visa process.

Fiancé Visa Adjustment of Status vs. The Immigrant Visa

Let’s compare the fiancé visa adjustment of status to the immigrant visa. The immigrant visa is the green card process where your spouse is abroad. In this case, the first step in the process is the I-130 Petition for Alien Relative, where you demonstrate you have a real relationship. You’ll want to provide joint documents in that I-130. As an immigration lawyer based in Sacramento, CA, I see increased scrutiny on these joint documents. In fact, ten years ago, I recall authorities being more tolerant about having these joint documents at the I-130 petition stage. They were required only at the end of the immigration process. Nowadays, I’m noticing they want to see them attached to the initial filing of the I-130 petition where you demonstrate you have a valid marriage and submit that I-130 petition.

The entire process requires approximately 13 to 17 months which is a long time. We hope to see those times go down soon. Processing timelines are constantly changing. For up-to-date information, consult the uscis.gov website under processing times. On the uscis.gov website, you’ll find the specific service center dealing with your geographical location. For instance, say you live in California and find the service center near you where you would apply. The uscis.gov website, depending upon where you live, will determine where to present your application, and this will depend upon the current processing times.

Moving on, after the I-130 process, once the case is approved, you will file the additional required documentation at the national visa center. At this point of the immigration procedure, it’s imperative to demonstrate that you can sufficiently support your spouse. Now the key difference here is that you, as a U.S. citizen, can apply for your spouse abroad and as a permanent resident, but if you’re a permanent resident, what’s important to note is that you’re going to be also subject to the visa bulletin. Therefore, you want to look at the visa bulletin to determine whether or not your priority dates are current.

Now let’s go back to the affidavit of support and the public charge requirements. You need to demonstrate that your spouse is not going to be a public charge. So there’s the affidavit of support I-864 form, and there’s also supporting documentation that you need to provide and prove that your spouse will be self-sufficient. So some of the things that they look at are health insurance or, for instance, a credit report: this is an additional requirement. They will investigate whether or not the applicant has taken certain types of public benefits in the past.

About the interview

During the interview, the immigration officer will determine whether or not you have a real relationship. Keep in mind these interviews are essential: they go very fast. Bring your joint documents to the interview. As I mentioned earlier, they will most likely review your financial documents again to determine whether or not you’re going to be a public charge or you can prove to be self-sufficient. In addition to all this, the immigration officer will look for instances that may constitute a ground of admissibility. A ground of admissibility would make you ineligible to reside in the United States. For example, let’s say you have committed a specific crime type or any misrepresentation fraud or misrepresentation in the past. In that situation, you may be eligible for an I-601 waiver. You may also qualify for an I-601 Waiver if you’ve entered the U.S. without inspection. In this situation, you have the interview, and then, after the interview, you are allowed to enter the U.S., and you are admitted as a green card holder.

Another key difference between the immigrant visa and the fiancé visa

The critical difference between the immigrant visa and the fiancé visa is that you are admitted to the U.S. with a green card. With a green card, you’re able to permanently live in the United States, provided you don’t violate the terms of the green card. You can work with the green card, and you can also travel on the green card. With a fiancé visa, you need to apply for work authorization if you want to work. The requirement to apply for work authorization doesn’t make sense because you’re going to get married to a U.S. citizen right away.

So you apply for the marriage based green card, which allows you to apply for work authorization.

For more information on this subject, consult our marriage based green card page, or you can contact us now for a consultation at (916) 613-3553 or use the following contact form and explain your situation without any obligation.

Explaining Extreme Hardship conditions for the I-601 Hardship Waiver

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Immigration Attorney Kaushik Ranchod from The Ranchod Law Group in Sacramento, California, welcomes you to this immigration video and article. In this video, Kaushik will address three very frequent questions regarding the hardship waiver process which clients often ask.

Does filing an I-601A or I-601 hardship waiver get you work authorization?

Work authorization and the I-601 waiver are essential concepts that you need to understand. In essence, the hardship waiver is a form of forgiveness. Let’s consider, for example, the I-601A waiver. If you entered the United States without inspection and you have unlawful presence, the I-601 waiver leads or allows you to eventually, if approved, obtain permanent residency. When the I-601 hardship waiver is granted it will lead to permanent residency, assuming the applicant meets all the other requirements.

However, just getting the hardship waiver approved does not get you a work authorization. The waiver approval is the first significant step that will lead you to getting a green card, allowing you to work in the U.S. lawfully. A waiver approval will enable you to live in the U.S. as a lawful permanent resident as a green card holder, allowing you to work and will allow you to travel.

Once you achieve green cardholder status, you must keep in mind that you don’t want to abandon your residency. For example, if you’re outside of the U.S. for more than 180 days, I advise you to consult with an immigration attorney.

You also need to know certain types of criminal issues that could cause you to lose your green cardholder status. However, the green card is very powerful because it allows you to stay here and live as a permanent resident and work.

The good news is that the I-601A hardship waiver will lead you to that path of permanent residency provided you and your immigration attorney do everything properly; however, just getting the waiver approved doesn’t give you a green card.

What’s the difference between work authorization and a green card?

We covered the difference between work authorization and a green card a little bit in the last question. The difference is that the work authorization or employment authorization document allows you to work. In particular, a work authorization enables you to work for an employer.

A green card enables you to work as well, but a work authorization is temporary. Lawful permanent residency is permanent, so it allows you to continue working as a permanent resident for whichever employer you choose.

Conditional Green Card Status

If you obtain a conditional green card, you need to remove the conditions. Once you remove the conditions, USCIS will issue your green card, which is valid for two years. You will then need ten years, and then you need to renew your green card before that 10-year period expires, so you’ll want to make sure that you start the green card renewal process towards the end of the ten years.

On the other hand, work authorization, in many instances, is granted in one-year increments. The duration of a work authorization depends on the type of work you’re seeking.

Therefore, to continue to work, you must have your work authorization renewed. What is also important to note here is that the work authorization is dependent upon another status. For instance, the duration of an Employment Authorization Document through DACA will depend upon that DACA status.

I’m excited to apply for I-601A what constitutes extreme hardship?

What constitutes extreme hardship is the third most asked question by clients at our offices in Sacramento. Many learn about the I-601 hardship waiver and are anxious to know how to adjust their status.

Exceptional hardship is a fundamental concept you must understand because it is at the base of the hardship waiver process. The first most crucial concept to understand is that you must prove extreme hardship to your U.S. citizen spouse.

In this situation, one of the most effective forms of extreme hardship is health hardship. First of all, you demonstrate health hardship through documentation. For example, we can prove a condition of exceptional hardship related to the health of the U.S. citizen spouse with medical documents and medical records. Such medical documents are a letter from your physician.

Health Hardship

Now let’s take a closer look at how you can make an argument for exceptional hardship in the case of health hardship. Many conditions can be considered: one situation could be the different living conditions in your country of origin. Such living conditions could affect your U.S. citizen spouse; for example, the climate may constitute such a health hardship.

  • Is the difference in climate going to affect their health condition?
  • Are they going to have the same access to medical care as they do here in the U.S.?
  • Is your U.S. spouse under medical treatment?
  • If so, how long will the medical treatment last?
  • Is it short-term or long-term?
  • If the medical treatment is long term, how do medical standards in your country compare to those in the U.S.?
  • How would a sub-standard health treatment affect your U.S. spouse?

This list is incomplete yet offers insights on how you need to articulate your case. The previous list also provides examples of medical hardship arguments that you can use.

Financial Hardship

Another form of extreme hardship is financial hardship. Here are instances of financial hardship:

  • Do you own a home in the United States?
  • Do you have significant student debt?
  • If you were to move, would you be required to have additional training to work?
  • Would you even be able to get the same kind of work or employment?
  • Are you taking care of elderly parents here in the United States?
  • Are you’re helping support them?
  • Would you be able to do that if you had to move abroad?

Educational Hardship

Another form of exceptional hardship is educational hardship:

  • Are you going to school here in the United States?
  • Would that education be compromised if you had to move abroad?
  • Are you not able to speak the language in your spouse’s country of orgin?

By answering affirmatively to this kind of questions, there may be some form of educational hardship that may constitute extreme hardship you could touch upon. For example, if you are enrolled in a four-year academic program, moving to your home country would disrupt that program. You could suffer from such disruption because the same educational program is not available in your home country or available only in the local language, making it hard to follow or simply because you can’t take the course in the local language. These are crucial elements that lead to educational hardship you should consider when you consult with your immigration attorney.

For more information on the I-601 Waiver see:

I-601A Waiver Success stories: proving exceptional hardship

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In this episode of The Ranchod Law Group Immigration show, managing attorney Kaushik Ranchod discusses two I-601A hardship waiver success stories for applicants from Guatemala and Central America. Getting such cases approved requires a great deal of work and attention to detail to bring cases like these approved for clients.

The details of these two I-601A Waivers

As mentioned in the opening of this article, Kaushik describes both cases. The clients are from Guatemala and Central America. The Ranchod Law Group in Sacramento can count on experienced immigration attorneys capable of handling cases from all over the world; in this video, Kaushik will concentrate on two recent I-601A hardship waivers. They are just doing a snapshot and represent typical scenarios many people face in similar situations.

Individuals who are eligible for I-601A Waiver

First of all, you’re probably asking the question: “Do I qualify for I-601A Waiver?”. So I-601A waivers are generally for individuals who entered the United States without a visa and overstayed. You may be eligible for this exceptional hardship waiver if:

  • your spouse is a US citizen or a permanent resident;
  • you have a parent who’s a U.S. citizen or permanent resident.

For a hardship waiver, they would be the qualifying relative and need to demonstrate extreme hardship to that relative: that is the crux of the case – proving extreme hardship for that relative.

Exceptional Hardship for the Guatemalan National

The first success story is that of the Guatemalan national who was married to a U.S. citizen. Kaushik explains how the immigration attorneys at work on this case discovered how the qualifying relative had some mental health issues. In fact, the wife suffered from depression and psychosomatic issues.
The lack of status in the United States of her husband caused these mental health issues. In fact, the mental health issues were one argument that we were able to make, carefully describing and documenting the U.S. citizens health history. Her mental state required constant medical care and consequent large medical bills. By analyzing the family’s financial situation, it was clear that the client was a significant contributor to their household finances. Therefore, we were able to argue financial hardship, as well.

We could get the case approved with this combination of exceptional hardships (mental health and financial situation). We combined multiple factors to demonstrate a situation of extreme hardship for the U.S citizen.

In most situations, we identify conditions of exceptional hardship when we’re communicating with you. You may not think of your situation as having certain hardships, but that’s because you’re in the middle of your life, in the weeds of your life. When we consult with our clients, they take a step back because they communicate with a qualified third party who can reveal such hardships. That case was again for a Guatemala national.

Exceptional Hardship for a National from Central America

This client, a national from Central America, had entered the United States more than ten years ago. He had never had any trouble with the law. He, too, was married to a U.S. citizen. We’ll now examine this case and how we proved hardship.

We were able to identify exceptional hardship to the U.S. Citizen also for this client. Our immigration attorneys studied his specific situation. They used our hardship waiver matrix to identify all hardships related to real-life scenarios the couple faced on a day-by-day basis. Only when we can explain and prove such complex situations are we successful at proving exceptional hardship.

This case is also an interesting case that provides insights into what cases get approved for extreme hardship.

In this particular case, we argued that the client’s wife could not relocate to his home country because of poor social and economic conditions. We produced documentation to support the argument of developing country conditions.

Another argument that we were able to make was about the client’s wife’s health needs. In fact, he would need to attend to them if they were to reoccur. We documented how our client was also the family’s primary financial provider by analyzing their financial situation. Their financial situation represented another form of hardship we were able to prove.

We successfully argued financial hardship, and, as mentioned previously, we were also able to argue that there was a specific type of health hardship.

We also asked for a favorable exercise of discretion because our client had worked for the same employer since he was in the United States.
In this day and age where people are hopping from employer to employer, we noted how this person had not done that and was loyal to his employer and wife.

Proving harship

As you can see, we delved into many aspects of our client’s family life and that of the U.S. citizen’s life to demonstrate extreme hardship. After learning about these two cases, it should be clear how complex and articulated a case can be, based on the uniqueness of the facts and the involved people.

It is wise to consult with an immigration attorney near you to review your case and consider all the facts to identify situations that may constitute exceptional hardship, making you eligible for an I-601A hardship waiver.

If you’re not eligible for an I-601A Waiver

If you’re not eligible for the I-601A waiver because of your situation, there may be other forms of relief available to you.

Answers to questions about same-sex marriage and immigration

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In this video Kaushik Ranchod from the Ranchod Law Group talks about same sex marriage and immigration (immigration benefits through marriage for the LGBTQ community). Kaushik answers frequently asked questions about the process, explains who is eligible and describes issues regarding immigration and gay marriage.

Same sex marriages have been contentious over the past couple of years and allow explaining the immigration benefits same-sex couples are now eligible for. If you have questions about your specific case please feel free to call us at (916) 613-3553.

same sex marriage and immigration

On June 26, 2015, the U.S. Supreme Court held in a 5–4 decision that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states. For immigration purposes, this means USCIS now recognizes same sex marriages the same as heterosexual marriages. You can now petition your same-sex spouse for immigration benefits.

Frequently Asked Questions about same sex marriage and immigration

  1. Do I need to be married?
  2. Are there states that do not allow same sex marriage
  3. I have a transgendered partner
  4. Which are the first steps to petitioning for my same sex spouse?
  5. Can I sponsor my same-sex spouse for a family based immigrant visa?
  6. Can I file for a fiancee visa if I’m engaged to a foreign national of the same sex?
  7. Eligibility for immigration benefits
    • Do I need to be married to my same sex partner or is a relationship of long duration or cohabitation (living together) sufficient?
      • In order to receive any immigration benefits from your relationship, you two will need to be married. A relationship of a long duration and cohabitation will help you both prove to the immigration service that your relationship is valid and not just for purposes of immigration. In the case of a same-sex marriage and immigration, simply having a relationship of long duration or cohabitation will not be sufficient. You need to marry your partner in order to give that partner any sort of immigration benefits.

<liid=”2″>What if I live in a state that does not allow same sex marriage? Do I have to move?

    • Again, based on this supreme court ruling all 50 states must now recognize same sex marriages. So you can get married in your home state, and there is no need to move.
  • What if my partner is transgendered? Can my partner still obtain immigration benefits?
    • Assuming all other immigration requirements are met, transgendered individuals who are married to individuals with legal status in the United States may still be able to benefit. As with same sex couples, the benefit to be obtained by your transgendered partner will depend on:
      • your status (U.S. Citizen, Lawful Permanent Resident, or other);
      • your partner’s method of entry to the United States (with a visa or illegally);
      • whether your partner has any immigration violations or any criminal issues.

      Not all immigration violations or criminal convictions will prohibit your same sex or transgendered partner from receiving immigration benefits, some issues are insignificant and some issues can be resolved through the use of a waiver.

  • After getting married, what is the first step to petitioning for my same sex spouse?
    • You should contact a qualified same-sex immigration attorney who will determine whether your partner qualifies for lawful permanent residency (i.e. a green card) or some other benefit.
    • Aside from the basic documentary requirements (passport style photographs, proof of lawful entry, copy of marriage certificate, etc.) you will likely be required to produce paperwork to help prove that you two are in a legitimate relationship and not just for purposes of immigration. Examples may include:
      • proof of joint bank account/s
      • bills
      • joint lease agreements
      • joint property
      • photographs of shared life experiences
      • affidavits from friends and family
    • Some of the forms that will need to be completed include:
    • If I am a United States Citizen or Legal Permanent Resident, in a same sex marriage, can I now sponsor my spouse for a family based immigrant visa?
      • YES! Just the same as you would for a Marriage Based Green Card (Adjustment Of Status) you can file an I-130 Petition for Alien Relative for an immigrant visa where they complete the process outside the U.S. at United States embassy.
    • If I am a United States Citizen who is engaged to be married to a foreign national of the same sex, can I file a fiancee visa?
      • Yes! You would file the I-129F, at the appropriate service center. Then from there, the petition would go to the NVC forbackground checks. And afterward it would go to the specific embassy where they would apply for a visa. They would then be allowed to enter, you would need to marry within 90 days then apply for a Marriage Based Green Card.
    • Who is eligible for immigration benefits?
      • The U.S. Citizen partner may file a petition on behalf of the foreign national partner in the case of an individual who last entered the country legally. In addition to the basic requirements (certificates, photographs, proof of lawful entry, etc.), that petition should be accompanied with documentation to evidence that the couple is in a legitimate relationship and not one designed to circumvent the immigration laws.
      • In the case of an individual who last entered the country illegally, the U.S. Citizen partner may file a petition on behalf of the foreign national partner, as in the above scenario, but the foreign national partner will need to be the beneficiary of a hardship waiver or else face a three or ten year bar if the foreign partner leaves the country to try to obtain an immigrant visa abroad.
      • In both of the above scenarios the couple will be subjected to an interview with an immigration officer in which the couple must answer questions designed to detect fraudulent relationships. Also remember that in both of the above scenarios, simply living together is not sufficient.
  • In cases in which the foreign partner is abroad, the U.S. Citizen partner may file for a fiancé/fiancée visa or, if the couple is married, for an immigrant visa. Both of these cases require documentation to prove the legitimacy of the relationship in addition to the basic required documentation.
  • If your partner is abroad, you may also choose to marry in a country where same-sex marriage is legal, like:
    • Canada;
    • France;
    • Great Britain;
    • South Africa;
    • or Spain among other countries.
  • Finally, in cases in which the foreign partner is already in removal proceedings, relief might mean obtaining permission to marry from the immigration judge in bond proceedings, seeking adjustment of status to that of a lawful permanent resident, or, having the U.S. Citizen spouse serve as a qualifying relative for purposes of cancellation of removal or a waiver.
  • Ranchod Law has been doing all of the aforementioned for over a decade and we are delighted to apply our expertise and dedication to the benefit of same sex couples. Please contact our office to discuss same sex marriage and immigration.
  • Our clients are located all over the U.S. and abroad so if you can’t visit our Sacramento offices you can still contact us at (916) 613-3553.

Two I-601A Hardship Waiver Success Stories

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This article is based on a video created by Immigration Attorney Kaushik Ranchod from The Ranchod Law Group. The video is part of the ongoing immigration show where Kaushik shares Immigration Law information, focusing on I-601A and other hardship waivers.

Today what we’re going to do is we’re going to talk about a case study of some successful I-601A hardship waivers. So you can see how we got our cases approved.

You’ll want to stay tuned or read this article to the very end because Kaushik will address two types of I-601A cases you will most likely find very interesting.

The I-601A hardship waiver cases examined in this article

In this video, Managing Immigration Attorney Kaushik Ranchod examines two I-601A success stories of clients from Guatemala and Central America.

An affirmed legal practice focusing on hardship waivers, The Ranchod Law Group has successfully managed many cases of hardship waivers for people from many parts of the world. In this video, Kaushik will walk you through two recent hardship waiver cases. He explains how the Immigration attorneys at his Sacramento California’s practice won both cases, providing meaningful insights on these I-601A Waivers.

Do You Qualify for an I-601A Waiver?

First of all, you’re probably wondering if you qualify for an I-601A waiver. In fact, you may have found this article searching the Internet in an attempt to understand your position and if you are eligible for an I-601A waiver.

Information on I-601A Waivers

I-601A is a waiver application for a provisional unlawful presence. I-601A waivers are generally for individuals who entered the United States without a visa and ended up staying beyond the time allowed by their Visa and therefore overstayed.

There are specific cases where immigrant visa applicants, having relatives who are U.S. citizens or permanent residents, can apply for an I-601A waiver under Immigration and Nationality Act section 212(a)(9)(B) (unlawful presence grounds of inadmissibility).

I-601A waivers are generally for those who entered without a visa and overstayed. If this is your case, you may be eligible for this waiver. For example, you could qualify for an I-601A waiver if your spouse or have a parent who is a U.S. citizen or permanent resident.

For this waiver, the spouse or parent would be the qualifying relative, a member of the immigrant applicant’s immediate family.

In such cases, we need to demonstrate extreme hardship to the U.S citizen or permanent U.S. resident if the applicant were removed from the U.S. or denied entry. Demonstrating extreme hardship for that relative is the essence of these cases.

Demonstrating Extreme Hardship for these I-601A Waivers: the Guatemalan national married to U.S. citizen

In the case of this Guatemalan national, our immigration attorneys identified critical mental health issues that situation the family was facing. In this case, the qualifying relative had some mental health issues. In fact, the wife suffered from depression and psychosomatic problems. Part of that was caused because of her spouse’s lack of status in the United States.

That was one argument that we were able to make.

Also, she had extensive medical bills, and then additionally, he was a large contributor to their finances in the household.

Based on these facts, we were able to argue financial hardship mental health hardship, and by combining both, we were able to get the case approved.

As you can see from this case, our immigration attorneys combined multiple factors to demonstrate extreme hardship. Often, when communicating with a client, we can establish the existence of exceptional hardship factors the family may be facing on a day-by-day basis. We then work on a personalized strategy to prove those hardships.

Many times here in our offices or during a call, we discover the existence of extreme hardship by asking simple questions. Many clients are entirely unaware and do not think they have certain hardships. We are all living a fast-paced life: it’s when we take a step back and communicate with a qualified third party you can identify the presence of exceptional hardship conditions.

Demonstrating Extreme Hardship for these I-601A Waivers: a national from Central America with U.S. citizen spouse

We have successfully handled another recent case. Our team of immigration attorneys worked hard to prove exceptional hardship for this I-601A extreme hardship waiver case as well. This success story is also an interesting case for you to understand these cases’ underlying principles and dynamics. This I-601A extreme hardship waiver success story helps understand which cases stand the best chance of being approved and will give you another example you can use to compare your situation.

In the case of this Client, we used our proprietary hardship waiver matrix to analyze all aspects of their daily lives. Such an in-depth analysis typically reveals potential hardships we can use in our case and, by doing so, successfully demonstrate a condition of extreme hardship for the U.S. national.

So in this situation, the Client entered the U.S. more than ten years ago. He had never had any trouble with the law, and he was married to a U.S. citizen.

How we proved extreme hardship

I will explain how we described and successfully demonstrated the exceptional hardships of this case. For this I-601A hardship waiver, we argued that the U.S National, our Client’s spouse, could not relocate to our Client’s home country because of the country’s poor conditions. Our immigration attorneys’ research produced sound evidence to substantiate our claims: the documentation proved the country’s critical conditions.

Health and Financial Issues

The U.S. national, wife of our Client, had challenging health needs and would need her husband if they were to occur. Furthermore, our Client was also the primary financial provider for the family. His absence would induce a severe form of financial hardship that we were able to prove.

In this situation, we’re able to argue financial hardship, and we’re also able to argue that there were certain types of health hardship. We also asked for a favorable exercise of discretion because he had worked almost entirely for the same employer since he was in the United States. In this day and age where people are hopping from employer to employer, we noted that this person had not done that and was loyal to his employer and wife.

So as you can see here, we delved into many aspects of the Client’s life and the many conditions of the U.S. citizen’s life to demonstrate extreme hardship. I cannot stress enough how every case is unique in its own way.

An experienced immigration attorney can provide the right information and support for these cases. That’s why I would recommend that you talk to an immigration attorney who can identify all the underlying extreme hardships and determine whether or not you qualify for an I-601A extreme hardship waiver and can therefore take advantage of the benefits the I-601A waiver provides.

If you’re not eligible for the I-601A waiver, your immigration attorney may identify other forms of relief that are available for your specific case.

I-612 Approval Notice for Egyptian with Government Financing on a J-1 Visa

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I-612 hardship Waiver Approval notice for client from Egypt

I-612 Hardship Waiver Approval Notice

The Timeline of this I-612 Form Application and J-1 Waiver Approval

    • Date of application to wave the foreign residence requirements: October 28, 2019
  • Date The Department of State received Form I-612 from USCIS: April 07, 2020
  • Department of State issued a favorable recommendation on: October 06, 2020
  • Date USCIS issued the approval notice: October 22, 2020

I-612 is an application for Waiver of the Foreign Residence Requirement under Section 212(e) of the Immigration and Nationality Act, as Amended. J-1 and J-2 visa holders and their families may use this form to apply for a waiver of the two-year foreign residence requirement.

If you are applying for a waiver of the foreign residence requirement because your departure from the United States would impose exceptional hardship on your U.S. citizen or lawful permanent resident spouse or child you need to provide the following formal documentation:

  • Evidence of your spouse’s or child’s U.S. citizenship or lawful permanent resident status;
  • Evidence of the relationship between you and your spouse or child;
  • Evidence of legal termination of all prior marriages for you and your spouse (if applicable).

Along with these documents you will need to produce enough convincing evidence that your departure and two-year permanence in your country of origin would in fact inflict exceptional hardship on the U.S. members of your family.

The Facts about this success story behind this I-612 Hardship Waiver Approval

Like many of our success stories and J-1 Waiver approvals, this was a successful case based on exceptional hardship to wave the two-year foreign residence requirement. In this particular case, our immigration attorneys successfully proved exceptional hardship to the client’s three American children.

The client’s spouse is a resident of the United States on a J-2 Visa who is also subject to home residency requirements. A denial of this waiver would inherently mean that the family would have to return to Egypt for two years.

For this reason, we focused our arguments and were able to successfully prove extreme hardship based on overall country conditions.

A J-1 Hardship Waiver success story for Client from Venezuela

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I-612 Approval Notice (Letter of approval) - The Ranchod Law Group, Sacramento CA

I-612 Letter of Approval (Form I-797, Notice of Action)

Timeline of this J-1 Waiver

  • Date the I-612 Application to wave the foreign residence requirements was filed: March 2, 2020
  • Department of State received I-613 from USCIS on May 13, 2020
  • A favorable recommendation was issued by the Department of State on September 23, 2020
  • USCIS issued a letter of approval for this I-612 application to wave foreign residence requirements on September 29, 2020

J-1 Hardship Waiver Approval for Venezuelan Client

This is another success story for a Client from Venezuela who approached The Ranchod Law Group seeking advice on successfully tackling his situation. The Client, on a J-1 Visa, spoke to the immigration attorneys at our offices and explained his needs and objectives, which are typical to many professionals on a J-1 Visa.

The need to Waive the Two Year Foreign Residence Requirement

During a preliminary brief, we answered all the Client’s questions like:

  1. Does the home-country physical presence requirement apply to me?
  2. Which are the implications of this requirement?
  3. Which is the exact procedure, and how should an I-612 application be handled considering the implications and the costs?

Every J-1 Waiver case is unique and requires close consideration of many elements to identify situations and scenarios which can constitute grounds to request a waiver. Here at the Ranchod Law Group, we build your case based on your personal situation and circumstances.

How we won this case

The Immigration attorneys at our practice studied the brief and identified circumstances and facts which could be used to argue in favor of a waiver of the foreign residence requirements. A crucial factor was the health of the Client’s American child. During the interview, we discovered that the Client’s child was receiving developmental therapy. This is a factor we could use to argue exceptional hardship to the client’s American child because this kind of treatment is not readily available in Venezuela.  We also researched and argued at length the exceptional hardship inherent in the country’s conditions in general. The facts we presented were enough for the Department of State to issue a favorable recommendation in September of this year and for USCIS to issue a letter of approval for this I-612 application.

New Immigration Policies Revealed To Take Place Under a Biden Presidency

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Hi, I’m Kaushik Ranchod, Managing Immigration Attorney of the Ranchod Law Group in Sacramento, California. This video shows some exciting news on how The Biden Presidency immigration policies will affect you.

What kind of policies can you expect from The Biden Presidency?

With this administration, there has been a significant effort to limit immigration. The Biden Presidency will attempt to reverse the damage done to our country because of these immigration policies. Specifically, we’re going to look at the separation of families which has occurred.

Trump heavily attacked H1-B Visas

H-1B Visas in the United States allow U.S. employers to employ foreign workers in specialty occupations for a limited time. A specialty occupation requires the application of specialized knowledge and a bachelor’s degree or the equivalent of work experience. The initial duration of an H-1B Visa is three years and can be extendable to six years. The devastating immigration policies towards H1-B Visa Applications have created tremendous problems in attracting top talent and skilled workers to the United States: America runs on top talent, especially companies like Google, Apple Microsoft. The H1-B Visas for skilled workers seeking employment-based Green Cards play an essential role in meeting the incredible demand and need, for example, for software engineers in the United States.

If you’re coming to the United States through employment, you will enter the U.S. following the H1-B Visa path. The H1-B Visa has an initial three-year duration. Applicants may extend H1-B Visas for another six years; after this period, you must get sponsorship to file for a Green Card. The PERM labor certification process follows. PERM is for employers seeking permanent green card status for an employee to assure the U.S. Department of Labor that no equally qualified United States worker is ready and available for the foreign worker’s position. At The Ranchod Law Group, we have applications for a Green Card dating back ten years because of the priority dates!

J-1 Visas

In recent times, this administration has issued an executive order to limit J-1 Visas and student visas by denying their program extension. The Biden Presidency will most likely reverse these policies, especially with the executive orders. Immigration policies by order of the President, which Congress has not approved, can be changed swiftly. That’s what we can expect from The Biden Presidency; President-Elect Biden has indicated a will to do so.

How Long will all this take?

When Trump became President, it wasn’t necessarily immediate before these policies came into effect, and it did take some time for Trump to implement his policies. Reversing Trump’s executive orders will be different because this will be a reversal and not creating immigration policies. Therefore, I believe the procedure to switch things back will be much faster. Immigration policies changed after six months with Trump.

The Biden Presidency will reverse specific immigration policies primarily implemented via executive orders. The new administration will act quickly, and we’re hoping for change to occur immediately, or at least if not directly, as fast as possible.

Specific Immigration Policies we can expect: asylum

Diving into some specific immigration policies, I expect The Biden Presidency to enforce, for example, asylum. In this area, the United States has a history of helping asylum seekers, including help for life-threatened people because of their political views. People have sought political asylum also for being a member of a particular group or race. One of the things done under this republican administration is metering: they limited the number of people who can get asylum.

Green Cards and Immigration Policies

The Biden Presidency will eliminate those Green Card backlogs and speed up the employment-based immigration process significantly. Additionally, if you were going to go through this process through marriage, it still takes a significant amount of time. You have to apply for the marriage-based green card, taking over a year to be processed.

If you have been married for less than two years, you have a conditional green card, and then you still have to apply for citizenship. Even if you came in through a marriage, that whole process could take around five years if you’re doing everything as fast as you can. Keep in mind how processing times depend upon the government as well.

DACA Immigration Policies

Another exciting aspect is the renewed prospect of becoming U.S. citizens for DACA holders. The path to obtain U.S. citizenship is a very long one. It will be fantastic to see this path for citizenship for DACA holders’. DACA allows some individuals with unlawful presence in the United States after being brought to the country as children to receive a two-year renewable period of deferred action from deportation. They become eligible for a U.S. work permit. There has been uncertainty related to DACA immigration policies. Under Trump, they were trying to take DACA away and went all the way to the Supreme Court, which rejected the claim to get rid of DACA. However, DACA will provide a path to citizenship under The Biden Presidency. This change in strategy and immigration policies is going to be a considerable one with a significant impact.

Undocumented immigrants roadmap for citizenship
There are 11 million undocumented immigrants in the United States without Green Cards. Another fantastic immigration policy that Biden wants to implement is a roadmap for citizenship. The Obama administration attempted this for these immigrants through the DAPA executive order, which unfortunately did not pass. With Biden, we could see something similar to DAPA. As an experienced immigration attorney with over a decade of immigration law experience and dealing with Green Cards, I do not believe there will be legislation covering all the undocumented immigrants. It will most likely be something similar to DAPA, but focusing on addressing the needs of a certain number of people seeking paths to U.S. citizenship. We’ll see how events unfold.

Public charge rule

The current Presidency expanded the public charge rule, resulting in one of the most harmful changes to U.S. Immigration policies. For instance, people use the I-864 affidavit of support when applying for a Green Card for a family member, a spouse, or a parent. This application is required to demonstrate that your income is 125% above the poverty guidelines. If you could prove that the beneficiary would not take public benefits, you could prove that you met the median public charge guidelines.

Of course, you’d have to produce documentation to that effect, such as tax returns, double duty’s employment letter. They introduced a new Form I-944 (Declaration of Self-Sufficiency) for adjustment of status applications. This change hurt families because it was a way to make applying extremely difficult. This rule makes it more difficult for the beneficiary to immigrate by creating unnecessary hurdles.

For instance, consider having to provide a credit report. How do you get a credit report if you don’t have a social security number?
Another example is showing that you will get health insurance – how do you demonstrate having it if you can’t afford it?

These are some issues that The Biden Presidency will hopefully resolve immediately. This public charge expansion will also end through the Biden Presidency. Please note that this Declaration of Self-Sufficiency is still in effect at the time of this video.

So what I want to allude to here is that this will reasonably be taken away by the new administration. However, it may take some time. We do not know if this will be immediate; it could take six months, maybe longer.

The Muslim Ban

Once Biden becomes President, there will also be a lift on the Muslim ban. This ban was against many Muslim countries. There are many physicians from Muslim countries, and this ban created family separation. I expect this ban to end with The Biden Presidency based on statements during the election campaign.

Summary

So to sum it up, there are two significant changes that I see:

  1. Our employment-based immigration policies will not face the detrimental harm they have faced, especially with leading researchers. We attract the best and the brightest, and that’s what has made us innovate in technology. We had not seen the full effect of the harm that would have been created by the policies of restrictionism. Now, that is going to be reversed by The Biden Presidency.
  2. There will be family reunification. Starting on day one, the Biden administration will prevent from being put in cages. The Biden Presidency will reinstate American values of family reunification.

J-1 Hardship Waiver Success Story with I-612 Letter of Approval for Doctor from Jordan

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I-612 Letter of approval: Application to waive foreign residence requirement.

J-1 Hardship Waiver Letter of Approval (I-612 Application)

J-1 Hardship Waiver Approval for Doctor from Jordan

Date we filed Form I-612 for this Client: April 1, 2019.

– Department of State received Form I-612 from USCIS on December 09, 2019.

– The Department of State issued a favorable recommendation with I-612 Letter of Approval on September 29, 2020.

A brief description of the I-612 process and

Form I-612 is an application seeking to obtain a waiver to waive The Foreign Residence Requirement. Section 212(e) specifies The Foreign Residence Requirement of the Immigration and Nationality Act. Holders of a J-1 Visa or a J-2 visa may apply for a waiver to waive The Foreign Residence Requirement. Family members of J1 and J-2 Visa holders may also apply using Form I-612.

Individuals with a J-1 and J-2 Visa who are nonimmigrants may complete this application. Form I-612 is a request to waive the two-year foreign residence requirement. The foreign residence requirement applies to all exchange visitors, who are subject to the requirement mentioned above if they participated in a foreign exchange program and:

  1. an agency of the U.S. Government (or the government of their country of citizenship or nationality or last foreign residence) financed their participation;
  2. the U.S. designated the country as clearly requiring their specialized knowledge or skill. Designation includes not only country of citizenship but also nationality or foreign residence;
  3. the Secretary of State must have designated the country. Designation must happen before admittance as an exchange visitor or acquiring such status after admission;
  4. they gained admission as an exchange visitor or acquired such status after admission on or after January 10, 1977;
  5. As an exchange visitor, they participated in graduate medical education or training.

This J-1 Hardship Waiver Success Story

The Client of this success story by The Ranchod Law Group contacted our practice seeking advice on her/his particular situation. Our team of Immigration attorneys in Sacramento worked with the Client to document the case. We used our proprietary process to create supporting documentation for Form I-612.

Our Client married a U.S. Citizen with a history of mental health issues. We described two distinct scenarios and explained how both would exacerbate pre-existing medical conditions.

The history of mental health issues would subject the spouse to exceptional hardship

The case we presented highlighted how this would undoubtedly occur should she/he accompany the Client to Jordan. On the other hand, remaining in the U.S. without the Client would also cause exceptional hardship. The spouse, having to stay alone in the U.S., was another scenario that would have caused exceptional hardship.

Also, we described and documented how the Client’s spouse is financially dependent on the Client.

Finally, we went through a thorough analysis of the country conditions in Jordan. Our brief identified how permanence in that country would impose exceptional hardship on the American spouse for two years.

The Marriage-Based Green Card Interview Process: 7 Very Common Mistakes

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Your Marriage-Based Green Card interview is crucial, and you need to be prepared to know what to expect. There is a lot of uncertainty around the questions an immigration officer is going to ask. You may not be prepared for the questions, and in this video, you will learn about seven common mistakes that you’ll want to avoid and explained in detail in this video.

Green Card Interview Appointment Letter

Receiving a Green Card Interview Appointment Letter is the very first step of the entire process of Marriage-Based Green Card application. The notification can be an email or a physical letter. Applicants are required to produce the email or letter you received by mail at the interview.

Marriage-Based Green Card Interview Questions and Answers

Preparing For Green Card Interview Questions In 2020

Green Card interview questions can take you by surprise, which is why you’ll want to prepare yourself well in advance. In fact, too often, people do not prepare themselves. First of all, the Green Card interview appointment letter comes with a list of documents that you need to produce at the interview. Prepare and bring all documents to the interview. You also need to prepare a copy of the Green Card application that you submitted. Many believe there is no need to bring along their Green Card application because they already submitted it. Sometimes the Immigration Officer conducting your interview may not have all the documents, so you want to be prepared to provide the officer with any missing documentation for your case, and by doing so, facilitate the interview process.

Green Card Interview Documents Checklist

Here is a list of the most important documents you’ll want to have with you at the interview:

  • marriage certificates;
  • certified divorce decrees;
  • birth certificate of children;
  • certified criminal documents (if you have a criminal issue);
  • passport;
  • joint documents demonstrating that you have a real relationship.

Documents supporting the fact that you have a real relationship are crucial because just being married is not enough. You have to demonstrate that you actually have a real relationship. From their point of view, immigration officials evaluate and establish whether or not your relationship is “real” by evaluating documents supporting the quality of your relationship. For example, joint documents are:

  • joint bank account statements;
  • joint leases;
  • joint utility bills.

These are some examples of green card interview marriage documents
the immigration officer will carefully evaluate. In fact, when people are married, they have things co-mingled, and they have joint documents. This is one way for an immigration officer to judge your relationship. Therefore marriage documents are essential: you want to make sure you are prepared with as many supporting documents as you have available.

Marriage-Based Green Card Interview Questions and Answers

Mistake number two during Marriage-Based Green Card interviews is people providing unnecessary information. During the interview, people can get carried away and just go on and on talking about themselves.

Stick to the point!

You want to just stick to the point and not go on to a tangent because unnecessary information can often provide the immigration officer an opportunity to question you about that tangent. If your memory doesn’t serve you correctly, you might not know how to correctly answer the follow-up question. At times, people contradict themselves because they get nervous, so stick to the point and just answer the questions you are asked by the immigration officer.

The same goes for the green card interview documents checklist. Provide only the relevant documentation you are required to produce.

Don’t Lie to an Immigration Officer

Never lie to an immigration officer, and the reason you don’t want to lie to an immigration officer should be apparent: you are under oath. By lying, you could be charged with fraud or misrepresentation, leading to a denial and, ultimately, to removal. You’d think this is obvious, but people believe that they need to lie. Lying is not going to help your case. What I see some people do is get really nervous. They think they need to provide a date and a specific time that something happened. If you don’t remember a particular time or place, that’s okay. If you don’t know every date or exact time something happened, just explain to the officer you don’t remember. You absolutely do not want to lie.

Be Agreeable, Have a Positive Attitude

Mistake number four: being combative. You don’t want to be combative at your Green Card interview. You can imagine how many officers are professional, but many are not. Regardless of their behavior, you want to remain and be composed. Talk to the officer respectfully, address them as an officer.

Green Card Interview Dress Code

Your Green Card Interview attire is important. There is no specific attire guide for interviews, nor is there a determined dress code. However, you would go to an interview dressed to be respectful to the immigration officer who will decide your case. Immigration officers are the jury in your case – they’re going to make the ultimate decision, so you want them to be on your side.

Ultimately, if you have an officer asking you inappropriate questions, who has gone and crossed the line, you can ask for the interview to be stopped or ask to speak to a supervisor as a last resort. However, you don’t want to be combative with the immigration officer and argue back and forth because that will not help your case.

Arriving late at your Green Card Interview Appointment

This is mistake number five: arriving late. Again, this is obvious, but it’s also a common mistake that I see people make. They take their Marriage-Based Green Card interview too casually. Remember, this is your chance, and if you miss the interview, the consequences could lead to a denial. Make sure you are on time. Allow for accidents, unforeseen events along the way, and allow for traffic. With Covid, you must arrive only 15 minutes before your interview because of social distancing. After Covid is over, I recommend arriving at the interview location at least 30 minutes, even an hour beforehand. This is what was happening pre-Covid, and it is my advice to my clients because the lines could be very long. Therefore, you will have to plan your trip depending on circumstances – right now, you need to be there 15 minutes before your appointment. They are handling this whole Covid situation well. They are spacing out the interviews very well, so fifteen minutes beforehand is good. I recommend allowing for any kind of mishaps and unforeseen events that could happen on your way to the interview. You can always wait in your car if you arrive early.

Worrying Too Much About the Interview

Your Green Card Application interview is crucial to you. You’re naturally going to be worried and will have some anxiety. However, I want you to just relax dinner out if you can with your spouse and just enjoy the evening and get plenty of rest the day before your interview. When you’re tired, you can’t remember things. Typical questions Immigration Officers ask are not challenging to answer. For example, when did you meet, what was the date of your marriage, etc. They will ask you questions you may not know how to answer, which is not a problem. You don’t have to know every single question immigration officers ask. So if you are not able to answer a question, that’s okay. One wrong answer will not mess up your whole case. Make sure that you are prepared for the interview. If you’re ready, then there’s nothing to worry about. Still, you need to prepare the interview because some people take the Marriage-Based Green Card interview too lightly, casually, and think: “I’m married, and I will not have any issues” is not always the case. So prepare the interview, and you’ll be fine!

Going To Your Green Card Interview Without a Lawyer

You should plan your Green Card interview with a Lawyer. Failure to bring an immigration attorney can be an issue if you have complications – especially with this administration. If you attend your green card interview with a lawyer will protect you from inappropriate questions, especially if you have criminal issues that can make matters complicated. An Immigration attorney can intervene in that kind of situation. Some situations sometimes need to be explained, and having an attorney in these situations will help make the interview go much smoother. Like most people, you’re going to be stressed: having an immigration attorney assist you will make you feel less stressed. It’s good to have an attorney as a witness in the most unfortunate event your case is denied for any reason. In fact, the attorney will be able to refute anything that may be alleged incorrectly on the denial. Therefore, having an attorney there just for that reason is also a smart move.