All the crutial information you need to know about the USCIS interview, what is the procedure, which are the steps and so on. Today Kaushik Ranchod from The Ranchod Law Group will touch base on all these aspects and how they can affect your case or application.
What Happens at a USCIS or Embassy Immigration Interview what you need to know and useful information for your case.
Also we’ll be updating you about the latest updates on the government shutdown and how it’s affecting cases.
The fact and I wanted to revisit is that if you have such a family member that I mentioned, they can file parole in place for you that would allow you to eventually get a green card
Then the other thing that we got a lot of questions about is family based petitions.
So for instance:
If your child is over 21 can they petition for you?
We’ve also been getting questions about the I-751. The I-751 is where you have to renew your green card after 2 years and I recommend you do it 90 days before the 2 year period after getting your original green card If you haven’t been married and if you don’t do that, you will be put into Deportation proceedings so it’s really important that you do this! We’re talking about the importance of renewing your I-751, just wanted to correct myself, you won’t necessarily be put in Removal Proceedings but we have seen cases where that does happen and even if you get divorced within that 2 year period you can file what’s called the removal of the joint conditions through a waiver, and there are 2 ways you can remove the conditions:
- By showing that you have a good faith marriage.
- By showing hardship.
You can also make an argument based off of both of those grounds. We do many of these waivers. Typically, you will get called in for an interview in that situation. For a good faith marriage. It’s really important to show that you really entered the marriage with the intent to permanently live together and the way that you do that is by providing a variety of documents – affidavits from friends and family. Those are some of the ways that you do it and it’s very important that you build a very detailed and extensive situation because you have the burden of proof of demonstrating that you had a real marriage.
Alright I want to thank you for tuning in, that is going to be it for today, I want to wish you a very happy new year! Ask your questions below and we can talk about them next time or we can discuss them in the chat below.
I want to thank you for the awesome year, you guys have been amazing and don’t give up there’s a lot of pathways for you to get legal and maybe for some of you there aren’t, so we’ll be able to advise you, at least you’ll know what to do – thank you and have an awesome day.
- I-751 Removal of Conditions When the Marriage Has Ended
- Green Card Renewal When You Are Married or Divorced (Form I-751)
- The Importance of Filing Properly for an I-751 Petition
- Updates on form I-130 and I-130 approval, I-601, and I-601a approvals
- Parole in Place Military Green Card for Spouse Parent and Child
- An I-601A Success Story: Waiver approval for medical extreme hardship
Also I want to let you know that as appreciation for all of you out there who have been watching us
I wanted to let you know that we are having an end of the year client appreciation where we will be giving clients a significant discount until the 24th of December and you can call us at (916) 613-3553
Alright so one of the questions that I get is:
My child is in the military, can he sponsor me?
If your child is 21 or older and a US citizen they can, after the parole in place is obtained, file for a green card for you.
Now, this also works if your spouse is in the military or your parent’s in the military so in essence the parole in place overcomes that illegal entry and then the normal green card rules apply after that, whether or not you are eligible to apply for a green card based on the relation to your relative.
Ok, so Brian what other kind of questions have we been receiving about the parole in place or the clients have that retained us and we were able to get those cases approved?
I have to give you the disclaimer: just because we get them approved doesn’t mean your case will get approved but we will be able to advise you whether or not you have a good case – you can call us at (916) 220-3137 or ask your question below.
So one of the questions just to clarify: if I have an 18 year old son who is in the military I can obtain the parole in place but not necessarily the green card right away is that correct?
That is a fantastic question. So normally (in the normal immigration process) your child needs to be 21 years old in order to be able to petition for you. That’s also another question we’ve received:
My child is a US citizen, can they petition for me?
Even with the I-601A waiver, if you leave, you’re going to have that Waivers approved but that’s a whole other topic, check out our videos for that – here the bottom line is that for this you don’t need to apply for a waiver.
Another question from clients about the parole in place is they’re afraid of the word “discretionary” what does that mean?
Does it mean that every single parole in place:
- Will be approved?
- Does it mean that every military has the right to be approved?
- What does the word discretionary for immigration mean?
I understand if you are afraid of that word, discretionary, because it’s a big word and it means basically that it is up to the USCIS officer on whether or not you application will be approved and that’s where we come into play as immigration attorneys. We create a case explaining why your case should be approved so things they look at are:
- Do you have good moral character are you a good person?
- Do you have any other violations?
What we do is demonstrate why you are deserving of getting the parole in place and that’s why it’s really important to hire an excellent Immigration Attorney who has(I recommend) at least over a decade of experience in preparing these cases.
I want to go back to one of the questions that we got here:
If you’re 21 and you’re a US citizen can you apply for a parent?
Brian, have we got any other questions about the parole in place?
Not about the parole in place but people are asking:
I hear a lot of our clients are green card holders who are afraid of travelling outside of the United States and coming back: they are hearing the news about denied admissions to green card holders at the time of re-entering the United States, is that something that is really happening?
Technically most of our cases are being allowed to re-enter, unless there is an extended amount of time where the green card holder has been absent – for instance more than 6 months: if you’re gone for more than a year then you could very well have your green card taken away from you, so in this time with the current President Trump administration I would recommend not travelling as a green card holder.
At the same time I do understand people get sick, people have family members that get sick. We’ve had in our office a brother of a family member that got sick. They left and came back and didn’t have any problem, but I’m used to excersizing extreme caution for you during this time right now and if you’ve been absent for more than 6 months from the United States within a year or have any kind of criminal issue you should consult with an immigration lawyer before you travel because the consequences are extremely serious: you worked so hard to get your green card, you don’t want to lose it so that’s one of the main differences here between the green card and citizenship. When you’re a citizen these issues become irrelevant so if you’re concerned about these issues you may want to consider applying for Citizenship so you don’t have this stress that is on your head every time you travel.
Also as an update, people want to know what has been going on with the President Trump administration. Immigration denials have increased by 40% within the past year – 40%, so that is a huge number that is why it’s extremely important you take your due diligence and hire the best attorney that you can to represent you. In some cases they will just deny a case and that needs to be appealed because unfortunately that is the current administration right now. Thankfully I feel very blessed that overall our success rate is over 95% still, but it has become much more difficult with this current administration, and they are issuing many more RFEs than before so it’s something that we’re fighting every single day to ensure we can prepare the best possible application that we can prepare to make sure that your rights are preserved and it’s really important to know whether or not you should even submit your application.
Sometimes it’s better to not file an application if you contact us we’ll be able to let you know that anyone’s success rate, including ours, doesn’t guarantee success with your case. If you get an evaluation of your case then that will help determine whether or not it’s even a good idea to submit because in some situations it’s better to just wait and build up the strength of your case, file later or not file at all.
Alright so I want to thank you for tuning in and again as an appreciation for tuning in and watching us every week, we are giving our greatest client appreciation promotional discount of the year, so you can contact us at (916) 613-3553 and that’s only going to be available until the 24th.
I just want to thank you for being loyal and tuning in every week we really appreciate you and it is an honor to humbly serve – thank you!
- Parole in Place for Military Families, The Solution if you do not have Legal Status
Other information on parole in place
Today what we’re going to talk about is… the need to remove the conditions on your greencard if you have a conditional green card.
So why do you get a conditional green card? Well the reason you might get a conditional green card is if you were married for less than two years. In this case you need to remove the conditions on your greencard within two years. You can do that 90 days before the two year period.
What do you do if you’re no longer married? That can be a problem but you can file for what’s called a Waiver of the joint condition filing by demonstrating that there’s a good-faith marriage.
There’s a myriad of ways to demonstrate this. What’s really important is you you have appropriate documentation. For example, joint documents that demonstrate that you were truly married. There is other documentation that you want to submit as well such as affidavits from friends and family members.
- If you are divorced;
- If you are planning on a divorce.
It’s important that you contact our office because you do need to file for the Waiver and meet this requirement or you could be put into removal proceedings so I invite you to contact us at ©(916) 613-3553 and I look forward to helping you. Thank you, tune in next week for another video from the The Ranchod Law Group.
Links Related to the Greencard Replacement Procedure:
Today we are going to be talking about Violence Against Women Act (Violence Against Women Act). Violence Against Women Act applies to you if you’ve been abused or you received some form of Cruelty from your spouse that’s a U. S. citizen or permanent resident. This can also apply if you’re a parent or a child as well you may also qualify for some of the basic requirements:
- Your spouse needs to be a U. S. citizen or permanent resident.
- You also need to have lived with your spouse.
- You have to show that you had a good faith marriage: that means that your marriage was real or the relationship was real.
- You also need to demonstrate that you are a person that has good moral character
If your spouse is a green card holder then you would need to wait for the priority date to become current before you file for the green card application. One of the other things that’s great about Violence Against Women Act is you can get work authorization if you apply when you apply for the green card.
Right now work authorization is taking about five months or longer so what we’re seeing is terms of processing times is that it is taking anywhere from 12 to 20 months for these applications to get approved. Now these are our government processing times it could take longer than that or it could decrease but we’re seeing government times just increase across the board with all applications.
Thank you everyone for tuning in and just remember to keep positive because there are different laws that are available to help you and if you have a question about that call us to see if you do qualify or not.
Thanks and have an awesome day.
Related Articles on Violence Against Women Act
- What should I bring to the interview?
- How long does the interview last?
- What should I expect during the interview?
- What happens after the interview?
What should I bring to the interview?
Be sure to bring original documents, where needed, for example:
- marriage certificate;
- birth certificate(s);
- police certificates;
- court records;
- divorce decrees;
You should bring copies of all original documents you are required to deliver
If you have updated financial records, like new Federal tax returns, please bring those as well.
Additionally, we always recommend that our clients bring 15-20 color photographs to show the relationship between beneficiary and petitioner.
Lastly, you should always refer to the appropriate consulate’s website for any specific information.
How long does the interview last?
What should I expect during the interview?
The officer may also ask you some questions. The most common questions are:
- When did you enter the United States?
- How did you enter?
- When did you get married?
They may also ask about whether you have worked in the U.S. without authorization
Whatever the question, it is important to answer truthfully and to the point. The officer already knows a lot about you, so it is best to not contradict the information they already have!
You will know at the end of the interview if your greencard has been approved.
What happens after the interview?
After you re-enter, you are considered a green card holder (congratulations!). You should receive your greencard and social security card in the mail within a few weeks of your re-entry.
Related Information on Preparing for Consular Appointments
What’s going on in Sacramento?
Well first of all processing time for the marriage-based greencard has slowed down. Greencards were once taking about four months to see approval, now they take almost a year. Another big change that has happened is around work authorization: previously work permit approvals were taking 90 days but then the laws changed: the U.S. government does not need to process the work authorization within 90 days and now the procedure takes up to five months.
You need to keep in mind these processing times do change, so it’s important to check with the USCIS website or you can contact us and we’ll let you know what the latest and greatest processing times are if you have a case filed with us. These are the processing times for a marriage-based greencard as of today, June 2018.
If you’re married to a U.S. citizen, you can file an application for greencard. Some of the forms that you need to include are form I-485 and form I-130. Form G-325 is no longer in use and that is a big change. Also an Affidavit of Support is required, travel documents… you can submit all supporting documents at one time. Right now USCIS is evaluating whether or not you have a real relationship with the person you’re sponsoring. The standards of the inquiries that I’ve seen to establish whether or not you have a real relationship are higher than in the past. Today, they are known to ask people with a child more questions about whether they have a real relationship – it’s important to produce supporting evidence with your application.
At the interview, the U.S. citizen spouse needs to demonstrate that they are making above 125% of the poverty guidelines: documents such as your latest income tax returns with the Affidavit of Support as part of the greencard application should also be included. You are also required to produce passport photos, proof of U.S. Citizenship for the U.S. citizen spouse and proof of lawful entry into the United States.
These are some of the documentary requirements. I’ve just mentioned a few but it’s important that you know all of those requirements. When you file your application for a greencard, you can contact us to schedule a consultation at our offices in Sacramento or Stockton. We can discuss this in further detail, or you can access the forms on the USCIS website in order to comprehensively provide all the necessary documentation.
Now the first thing that you need to do is submit all these applications together at one time with the appropriate filing fees. You will then be scheduled for a biometrics appointment, generally within about one or two months. What that means is that they’re going to fingerprint you to make sure that you don’t have a criminal record. If you do have a criminal record you definitely need to talk to an immigration attorney because a criminal record could make you deportable: you should not apply unless you know how your criminal record is going to affect you.
After approximately one year you’ll be scheduled for an interview. Both of you need to attend and that’s where the evaluation of whether or not you have a real relationship is going to happen. They will ask you questions such as how did you meet or when was the last time you went out to dinner: questions like that are used to evaluate whether or not you have a real relationship.
So I hope this video served to help you understand what the process is like and what needs to be done in the marriage greencard process.
You can also get more information by clicking on the link to get a copy of our free book. You can also email us or use the form to send us more information about yourself and your needs.
Thank you and have an awesome day!
Hi this is Kaushik Ranchod From the Ranchod Law Group, in the video of this blogpost I want to share some breaking news that has just occurred. Very recently a federal judge has reopened DACA which is awesome! This is another blow to President Trump’s blockage of DACA. This is great because we have so many young people in this country who deserve to have DACA.
How This Works
Let me explain how this works. Firts of all it will not go into effect until after 90 days of review. They have to show they have some valid reasoning for what they did, because Judge Bates said what the President Trump administration did was arbitrary and capricious: what he is saying is you cannot “go and do” whatever you want without a basis, without some logic, without some reasoning behind it so finally justice is being served.
I hope this will be reopened in 90 days because there are too many people out there who rely on this DACA program for years who don’t deserve to suffer and who have been here since the age of 1 or 2 or 3: at a minimum they deserve DACA!
We’re here to keep you informed – Thanks and have an awesome day!
Recent Related Posts on DACA:
Today we’re going to talk about the 30/60-Day Rule and the 90-Day Rule that Department of State (DOS) has recently implemented into their Foreign Affairs Manual (FAM). This update occurred in September 2017 and you might be asking: “Kaushik what is the 90-Day Rule? well before there’s the 30/60-Day Rule: basically it’s a rule or a standard that the Department of State (DOS) is using now to determine whether or not you as the immigrant had any kind of preconceived intent and therefore misrepresentation upon entering the United States. Previously, there was the old 30/60-Day Rule.
So this implementation is applied by the Department of State (DOS) if you enter the United States within 30 days and there’s a general finding that you did actually have that preconceived intent to anytime within 90 days.
Nevertheless I advise you to be cautious so let’s look at an example of how possibly this may affect you in a hypothetical scenario:
let’s say Jaun enters the United States to meet his aunt. While here, he meets his old high high school sweetheart, they fall in love and decide to get married 87 days after entering. If the USCIS follows the 90-Day Rule there could be a finding that Juan committed misrepresentation upon entering on the visitor visa: so the some of the factors that will be evaluated are for example:
- was there unlawful employment which occurred?
- What happened prior to entering the United States did Juan quit his job?
These factors will be evaluated to determine whether or not there has been misrepresentation. The officer has a lot of power and ample discretion in making this evaluation therefore I had highly advise you to consult with an immigration attorney if you’re in a similar situation.
If you have questions for us you can call at (916) 613-3553, we answer questions like this all day long and it’s important that you’re abreast of the newest and latest immigration laws because with immigration law, as you can see, legislation is always changing so you want to make sure that you have the latest and greatest information.
I invite you to call us
I want to thank you for tuning in check us out next week and if you have questions you want answered, email us at firstname.lastname@example.org and we may answer it next week.
Thank you all and have an awesome day.
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