We’ll give you some important tips for your marriage-based green card interview. From how far in advance you should show up, which documents you should bring along to what kind of questions the officers might ask you during the interview itself.
So for an application that was taking five months as of five years ago, now it’s taking ten months – you can call us if you have a question (916) 613-3553 or post your question below. This is very frustrating for everyone involved, for families, for businesses who need to hire key employees, it’s hurting a lot of employees businesses and families as a whole, but you can take action – you can contact your Congressman, you can contact your senator and you can also go to the aila.org website to find out what else you can do.
Alright so now we’re gonna move on to: who can file an I-130 family based petitions. United States citizens and permanent residents can file for different types of family members. So first we’ll start off with United States citizens:
- they can file for their spouse;
- they can file for their child both married and unmarried;
- they can also file for their parents and also for their siblings.
Now depending upon each relationship, some of the processing times are going to take longer than others. Now lawful permanent residents, they can file for their spouse and they can also file for their children – that’s different than United States citizens because lawful permanent residents cannot file for their parents and they cannot file for their brothers or sisters. United States citizens and permanent residents cannot file for aunts and uncles or cousins or second cousins. So we get that question like “oh well I’m a U.S. citizen can I file for my cousin or my uncle?” Unfortunately you’re not able to, but you know there are those different options and then also look at the employment based options as well – that’s beyond the scope of this video but give us a call (916) 613-3553 – we are happy to answer questions, or post your question below and if you would like to have a topic discussed you could post it below and we may choose your topic for the next weekly show. I want to thank you for tuning in and have an awesome day.
Related Information on I-130
- You don’t need to show exceptional hardship
- You gotta stay in the United States
- The processing times for 245 i are faster than if you did exceptional hardship Waivers case
So I know you might be asking well I had a petition filed, I meet the requirements for the dates, but I’m getting married now and the petition was filed by my brother or my parent do I qualify for 245 i? Well I’m gonna answer that question in just a second. The great news is in that situation you would qualify for 245 i, so I don’t want you to worry and if you have questions you can call us at (916) 613-3553 to learn about your options. We do see mistakes that notarios sometimes make or people who are less experienced ignoring the physical presence requirements. I want to make sure you’re aware of the physical presence requirement, so if your application was filed on or after January 14, 1998, you need to have shown physical presence. But when do you need a shop physical presence? This is extremely important you need to show physical presence on December 21st 2000. Now this is where an attorney can really help you to explain and guide you through all the physical presence requirements we don’t have time for that today, but we’ll do a video on that sometime in the future. Just keep in mind that there is a physical presence requirement with that date that I talked about earlier. All right I want to thank you, if you have something you want to know about post it because we want to be there to help you. You can also throw your questions out now, you can call us at (916) 613-3553 . Thank you and have an awesome day.
[editorial note: Section 245(i) is a provision of the Legal Immigration Family Equity Act(LIFE Act). Section 245(i) allows certain persons, who have an immigrant visa immediately available but entered without inspection or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty.] Back to blogpost
Related Information on Section 245(i)
- the good news is now United States CIS states that the medical will be valid for two years instead of one year which is great because they’re taking longer than a year at least in Sacramento and also in many other parts of the country to adjudicate a green card application;
- the bad news is that normally it’s easier to just submit the medical examination documents with the green card application but the medical cannot have occurred more than 60 days before you submit the application otherwise United States CIS will consider it invalid
Moving on to a different topic, about the interviews specifically, the interviews here in Sacramento where you go in for a green card interview (but this could be anywhere as well), it’s really important to make sure that if you have an issue either during your immigration interview (or even getting in to the interview), that if you feel like you’re getting an erroneous decision by the person that’s letting you in to the interview (that they’re not letting you in and you have a valid ID), then bring it up and ask for a supervisor because, it’s important that you make sure that you maintain your rights and this is why it’s also important you have an attorney at the interview as well to represent you one so you have another witness there in case they deny a decision. We’ve had a client in this situation coming in for a parole in place interview and they didn’t want to let them in with the valid passport, which is a valid form of ID, and what was brought to their attention is that this is not something that should prevent from entering because, they didn’t want to let the person enter because they said they needed a driver’s license or some kind of United States ID which was incorrect.We’ve had situations where sometimes the officer may state something that never happened or misconstrue what happened and so by having an attorney there, that’s another witness to the actual events that happen and what that actual testimony that occurred and then second if the officer is asking inappropriate questions the attorney can step in and attempt to rectify that situation as well. Alright well we want to thank you for joining us live you can post your questions below and you can call us at (916) 613-3553 if you have questions thank you and have an awesome day.
Related Information and videos you’ll find interesting
The Fiancée visa : some of the biggest mistakes
Mistake number one
On their statement that they are including, they don’t state that they’re gonna get married within 90 days.
Mistake number two
Then mistake number two is not providing evidence of meeting within the last two years, because that’s one of the requirements: you have had to met your Fiancée within the last two years. If you have questions you can post your question below or you can call us at (916) 613-3553 I’m going to move on to the third biggest mistake that I see when trying to reunite your Fiancée :
Mistake number three
The third mistake (that is this isn’t necessarily only with the Fiancée visa ) is trying to enter the United States on a visitor visa and then filing for a green card in the United States : that could be interpreted as Visa Fraud . In that situation the best thing to do would be the Fiancée visa , rather than to try to come into the United States on a visitor visa and marry your spouse and then try to get a green card with your spouse admission.I also have a question I received from Brian:
What happens if someone enters the United States with a tourist visa but didn’t have the intention to get married… something that just happened randomly?
I advise you, if you’re in that situation, to contact an immigration attorney in order to get things right and if you have any questions you can contact us at (916) 613-3553 or you can post your question below.Alright so I want to thank you for tuning in for our weekly immigration show – get your questions answered by The Ranchod Law Group – and tune in next Thursday one o’clock we’ll have a new topic for you, keeping you updated on the latest of what’s going on right now.We’re going to talk about the mistakes of fiancée visa s and we’ll see what’s going on next week because we never know what we have in store with us with this current administration.Thank you and have an awesome day.
Related Information on K-1 and K-3 Visas
Other information related to USCIS Interviews
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.
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:
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