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Immigration Lawyer reveals a top reason for Green Card denials in Sacramento, San Francisco and San Jose

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One of the top questions I get from my marriage based clients is

Why would my case be denied?

One of the top reasons that cases are denied is because the couple fails to demonstrate that they have a bona fide relationship. However, let me be more specific. The top reason that I have found as the cause of a denial or second interview or further investigation after the interview is the failure to provide joint documents.

It is not enough to explain that you love each other.

Even if you are able to answer questions correctly at the interview, if you do not have joint documents, depending on the immigration officer, you may get called into a second interview or your case could be denied or get a Request for Evidence (RFE). If the RFE is not responded to appropriately that could result in a denial.

Why is this the case?

USCIS finds that you have the burden of proof to demonstrate you meet the legal requirements to obtain a green card.

Since they get so many fraudulent applications and applicant’s can “fake” the interview, USCIS finds that your marriage is much more likely to be “real” if you have co-mingled your funds. Thus, joint documents help demonstrate that your finances are co-mingled and your relationship is bonafide (real).

Therefore, when attending your interview, it is important that you bring your joint documents and additional documentation requested in the USCIS interview notice.

Call our office if you have questions at 916-613-3553 or email our office serving Sacramento and Santa Clara at info@ranchodlaw.com.

What is the difference between an employment authorization document and a greencard?

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What is the difference between an employment authorization document and a greencard?

Immigration attorney answers your questions about work permits and greencards

What is the difference between an employment authorization document and a greencard?

What is the difference between an employment authorization document (EAD or work permit) and a greencard (lawful permanent residence)?

One of my Sacramento client’s question took me completely by surprise:  the client said to me, if I have a work permit, why do I need a greencard? Sometimes, as an immigration lawyer, I need to inform my clients of the benefits and drawbacks of obtaining a greencard or naturalization if they do not know the basics. The differences between a work permit and a greencard are very important and certainly worthy of your attention.

A work permit is merely a TEMPORARY card that allows you to work legally in the U.S. temporarily. You cannot obtain a work permit by itself. A work permit is a benefit of some sort of underlying status.

For example, you cannot come to the U.S. and simply apply for a work permit just because you want to work in the U.S., you have to have an underlying right to obtain a work permit, some sort of employment visa or other ground. Accordingly, when the basis for your work permit finishes, your work permit also terminates. For example, if you have a pending employment green card and it is denied, your work permit (which was obtained on the basis of that pending application) becomes invalid and you are left without the ability to work in the U.S.

By contrast, with a greencard, you are always allowed to work legally in the U.S. Your permanent greencard (a conditional green card is only valid for two years) is valid for ten years but even if the greencard card itself expires you are still considered a lawful permanent resident (“greencard holder”).

While a work permit is temporary, a greencard is considered permanent (note, it is possible to lose your greencard if you abandon the U.S., commit certain crimes, consider yourself a nonresident for tax purposes, or other grounds). A greencard is considered permanent because you will have it indefinitely unless you do something wrong deserving of losing it. This is in contrast to a work permit, which will terminate when the underlying basis expires.

Additionally, a work permit does not give you a basis to apply for naturalization (U.S. Citizenship). You must first be a lawful permanent resident (greencard holder) to apply for naturalization. Only U.S. Citizens can vote and unlike both holders of work permits and greencards, U.S. citizens generally can never be deported from the U.S. Again, only green card holders have the ability to qualify for naturalization, being the holder of a mere work permit is not enough.

For any questions, call us at (916) 613-3553 so that we can schedule a consultation.  We represent clients throughout the fifty states with offices in Sacramento and Stockton.

Ten Mistakes to Avoid When Applying for a Marriage Based Greencard

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Obtaining your greencard after marrying a United States Citizen can be a positive and happy experience but common mistakes can make the process needlessly stressful. Here are some common mistakes you should avoid when applying for your marriage based greencard:

  1. Failing to file all of the necessary forms with the correct filing fees and requisite paperwork at the correct filing location: Unfortunately, immigration does not make it easy for you to obtain your entitled benefits. You must be certain to file all of the necessary forms: the spousal petition, the adjustment application, the biographic forms, the work authorization application, etc and to pay the immigration fees corresponding to the forms so that your case can be accepted for processing. If you omit a required form or forget to pay a fee your case will be rejected. You must also submit all of the required paperwork corresponding to each form. Also, immigration periodically changes the filing location for its cases so it is important to verify that you are sending your case to the correct address. An immigration attorney will of course correctly take care of all of this for you.
  2. Waiting to apply thereby delaying your benefits: You and your spouse should apply for your marriage based greencard immediately after getting married. The longer you wait, the longer you will go without the benefits to which you are entitled and the longer you subsequently have to wait in order to apply for naturalization (U.S. Citizenship). Couples delay the process for many reasons, too burdensome, too costly, but delaying your benefits comes with a price as well. You may contact our office to learn more about the greencard process at (916) 613-3553 or info@ranchodlaw.com.
  3. Not anticipating how long the process will take for you to obtain your marriage based greencard: In a similar vein to the second most common mistake, many couples fail to account for how long it will take to complete processing of the marriage based greencard. After obtaining the requisite paperwork and filing the forms, you must attend a biometrics appointment and then the couple must attend an interview together. After approval, the greencard usually takes another four weeks to arrive in the mail. Hence, applying as soon after the marriage as possible is wise. In Sacramento San Francisco, and San Jose immigration offices we are noticing processing times that are taking approximately 3-8 months or longer before the interview date. Please note that these government processing times are always changing.
  4. Not being thorough and honest in your application: Both spouses should be completely thorough and honest in their applications. For example, when the application asks for all places of residence and all employers for the last five years, it is important to list every single residence and every single employer for the entire five year time period. If you are incomplete or dishonest in your application and immigration catches you in a lie, the immigration officer may begin to wonder what else you are lying about. You definitely don’t want the immigration officer to think you are lying about the validity of your marriage.
  5. Not gathering paperwork in support of your application: In addition to the basic required paperwork (certificates, passport style photographs, etc.) you will need to gather paperwork to help prove the legitimacy of your marriage. Examples of this latter type of paperwork may include copies of joint bank accounts, bills, proof of a shared home, photographs of shared life experiences, and testimonials from loved ones or other individuals with knowledge of the relationship. Don’t be lazy! Get the documents together so that the immigration officer doesn’t have any doubt as to the validity of the relationship.
  6. Missing your appointments: When immigration schedules you for an appointment (biometrics or the interview appointment) it is very important to attend. If you do not attend, your case will be delayed and could even be denied. If immigration schedules you for an appointment at a date or time that you cannot attend, your attorney can reschedule the appointment for you. It is better to reschedule the appointment then to simply not attend.
  7. Not preparing for your interview: It is very important to prepare yourself for your immigration interview. Your attorney can advise you as to the typical format of these interviews, some common questions asked, and some of the tactics used by some immigration officers. If you appear nervous at your interview, the officer may think that you are trying to deceive the immigration authorities and, in turn, your interview can become more intensive. It is best to know what to expect so that you can be relaxed and appropriately responsive.
  8. Not discussing the basics of your relationship with your spouse: Prior to your interview it is going to be very important for you and your spouse to go over some of the basics of your relationship. For example, when and how did you meet, the details of your engagement, the details of your wedding, recent celebrations, finances, etc. It is fairly common for one spouse to misspeak at the interview in regards to a date and then it makes it seem like the couple is lying. Also, two answers can both be true but different. For example, to the question of how the couple met, one might say “online,” while the other says “in a bar.” Both are true (the couple first learned of each other online but met for the first time in a bar) but if the couple gave these answers at their interview the immigration officer might think that the couple is making up their answers and are not in a true relationship. Your immigration attorney will go over all of the common questions in your preparation interview.
  9. Thinking that immigration will give you the benefit of the doubt: Immigration will NOT, I repeat, WILL NOT, give you the benefit of the doubt if you or your spouse misspeaks or accidentally provides incorrect information. For example, if you say that you started dating in 2002 and your spouse says 2001, immigration will not write this off as a faded memory, absolutely not, immigration will question you believing that you’ve made up the details of the relationship for the purpose of obtaining unwarranted immigration benefits. Also, if immigration has any doubt, your case will be denied.
  10. The final and most critical mistake couples make is not hiring an immigration attorney. There are so many things that can go wrong if you do not have the proper advice and guidance. Hiring an immigration attorney from the inception is affordable and will make the process as stress free and efficient as possible. We see so many couples who don’t come to us until after immigration issues a request for additional evidence or worse, a denial. Don’t let this happen to you. Contact us today at (916) 613-3553. We have offices conveniently located in Sacramento and Stockton, California but we help clients throughout the United States.

Greencard vs. U.S. Citizenship FAQ

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green card vs. U.S. Citizenship

Green Card FAQ

green card vs. U.S. Citizenship FAQ

Ultimately, many of our clients desire to become lawful permanent residents (green card holders) or U.S. Citizens. Each status carries its own benefits. Here we will address the more common questions we hear in our practice from newgreen cardholders and naturalized U.S. Citizens.

Do I need a work permit?

green card holders and U.S. Citizens do not need a work permit to work legally in the U.S. As agreen cardholder or U.S. Citizen you can prove your ability to work lawfully in the U.S. by showing an unrestricted Social Security card and your unexpired permanent resident card, US passport, or naturalization certificate, as applicable.

Do I need a travel permit to travel outside of the U.S.?

green card holders and U.S. Citizen do NOT need a travel permit, please see below for further details as applicable:

green card holders: In general, to travel to another country you will need to present a passport from your country ofCitizenshipor your refugee travel document, and you will need to present a valid, unexpiredgreen cardto return to the U.S. You must also pay attention to whether the foreign country you are visiting has any additional entry/exit requirements (such as a visa).

Note that asgreen cardholder you may be found to have abandoned your status as a lawful permanent resident if you spend too long abroad or otherwise indicate that your travel abroad is not of a brief or temporary nature. Please see our prior post on that topic.

U.S. Citizens: As a U.S. Citizen, you can travel abroad with your U.S. Passport. U.S. Citizens can remain abroad without restrictions and without fear of losing their U.S. Citizenship.

Can I vote?

green card holders CANNOT vote. Only U.S. Citizens can vote.

Do I have to file taxes?

Yes! Filing taxes as required is mandatory for bothgreen cardholders and U.S. Citizens. Others in temporary status who work in the U.S. are also required to file taxes.

Can I ever be deported?

green card holders can lose theirgreen cardstatus and face deportation. A common reason agreen cardholder can be deported is for certain criminal convictions. U.S. citizens, provided there was no fraud in obtaining the U.S. citizenship, do not need to fear deportation.

Can I be a dual citizen?

Generally, you can keep your home country’sCitizenshipeven if you become a U.S. Citizen. Some countries however, do not allow dual citizenship. Please contact us at (916) 613-3553 to schedule a consultation so that we can advise you as to your specific situation.

If you are interested in becoming a lawful permanent resident (getting your green card) or becoming a U.S. Citizen we encourage you to contact us at (209) 219-2377 to discuss your options. We can schedule a meeting at our offices inSacramentoor Stockton or we can meet telephonically or via Skype if you are not in the area.

We are available for all of yourimmigrationneeds.

3 Year H1B Extension Process [[VIDEO]]

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How does a person on an H1B visa get a 3-year extension? Let’s watch a short video about 3-year H1B extensions:

Remember that you should consult with a qualified immigration attorney before attempting any change in your legal status. Call The Ranchod Law Group today at (916) 613-3553. Our offices are located in Sacramento, Santa Clara and San Francisco, and we meet with new clients daily. We also assist callers from anywhere in the world!

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Conrad 30 vs. J1 Hardship Waiver for Doctors [[VIDEO]]

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Here’s a video for foreign physicians that eplains the difference between two options that doctors have when seeking to avoid the tow-year home residency requirement of immigrating to the U.S. on a J1 waiver:

The Ranchod Law Group answers all of your immigration questions. Just call (916) 613-3553 and we will do our best to help you through this stressful process. With offices in Sacramento, Santa Clara and San Francisco, we are ready to take your call, and we even assist people in different time zones around the globe remotely!

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Deportations, Illegal Presence, and Your Greencard

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At Ranchod Law we handle many cases of individuals with issues related to previous deportations and illegal presence (being present in the U.S. without legal status). The effect of your prior immigration violation/s depends on what exactly is the violation and when it occurred.

Previously we covered the scenario of Luis. Luis entered and exited the U.S. illegally prior to April 1, 1997, but was back in the U.S. by April 1, 1997, and hadn’t left since the pre-April 1, 1997 entry. We explained that Luis, provided that he otherwise qualifies, should be able to obtain his greencard. As we will see below, the April 1, 1997 date is often critical in determining your potential immigration relief because April 1, 1997 was the date that a law called the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) became effective.

Now, let’s examine the case of Nora. Nora resided in the U.S. after entering illegally but left the U.S. within 180 days after April 1, 1997. Nora has not reentered the U.S. since returning to her home country. Now, Nora has a relative in the U.S. who is willing to sponsor her for her immigrant visa. Lucky for Nora, because she left the U.S. with 180 days after April 1, 1997, provided she otherwise qualifies, she should be able to immigrate to the U.S. without a problem. Like Nora, generally if you departed the U.S. within 180 days after April 1, 1997 or prior, and have not since reentered the U.S. illegally, you should be able to immigrate to the U.S. legally and obtain your greencard.

Finally, if you were deported at any time and reentered after April 1, 1997, you face a “permanent” bar. When we use the term “permanent bar” we are referring to a law called Immigration and Nationality Act (INA) 212(a)(9)(C)(i)(II). This law provides that if you have been removed (deported) from the U.S. and come back, or attempt to come back, illegally, you are barred from coming back for ten (10) years. There is no waiver of this bar. To come back, you must get a special permission and otherwise qualify. Because of the long period and the unavailability of a waiver, we use the term “permanent bar.”

The above three scenarios are fairly established in the law. As a note of caution, however, please remember that changing even the smallest of facts can alter an immigration case entirely. Dates and methods of entry into the U.S. are of critical importance. If you have any questions or concerns regarding your prior removal (deportation) from the U.S. or your illegal presence in the U.S. we urge you to contact us at (916) 613-3553. We have seen uninformed individuals receive federal prison sentences for their immigration violations. Don’t let this happen to you! If you are honest with us about your immigration history we can confidentially advise you as to your options. We have offices in Sacramento and San Francisco and clients all over the world.

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Entering and Reentering the U.S. Illegally – Is 245i a solution?

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At both our Sacramento and our Stockton offices we often meet individuals who have entered the U.S. illegally via the border on more than one occasion. In specific circumstances, it is actually still possible to get your greencard. Take the following scenario:

Luis is a hardworking family man. In the early 1990s, Luis crossed the border into the U.S. as a young man in search of a better future. Since then, he has lived and worked in the U.S. except for two times that he returned to Mexico. Once, shortly after his arrival, he returned to Mexico during the holidays and a second time in 1996 to see his ailing mother. Luis has resided in the U.S. since prior to April 1, 1997. Luis does not have legal immigration status in the U.S. but it is possible for him to get his greencard. Here’s how:

The first possible method for Luis to get his greencard is by virtue of a law in the Immigration and Nationality Act (INA) called 245(i). If you are the beneficiary of a petition (I-130) filed by a family member OR filed an application for labor certification on or before April 30, 2001, AND if you were physically present in the U.S. on December 21, 2000 you may be able to obtain your greencard even though you entered illegally multiple times, as long as you were in the U.S. before 1997. Let’s say, for example, that Luis had a U.S. Citizen sister or if Luis had married a U.S. Citizen. If either of these women filed a petition (an I-130) on or before April 30, 2001, since Luis was in the U.S. on December 21, 2000, he could possibly get his greencard using the law called INA 245(i). Additionally, Luis doesn’t even need to use the same I-130 to get his greencard. His sister or his wife could have petitioned for him originally but now he can use a new petition (let’s say he has a U.S. Citizen son who is over 21) to get his greencard.

INA 245(i) is a complex law with numerous components so if think you might qualify please contact one of our offices. If you apply for your greencard without actually being eligible you could be placed in removal (deportation) proceedings so it is best to consult with us to ensure eligibility.

With the above option, note that the multiple illegal entries are before 1997. This date is important because a law called the Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) became effective on April 1, 1997. Immigration law has many little nuances and with the right information you may be able to achieve your dreams rather than face deportation. Confide in our knowledge and experience to help guide you in your immigration matters – (916) 613 3553.

Related Information on Section 245(i)

Sponsoring your parents and/or children for greencards

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At the Ranchod Law Group we have relationships with our clients over the course of several years. First, we may help the client with a temporary visa (an H1B or a L visa, for example). Second, we’ll obtain the client’s greencard (lawful permanent residency). Next, we’ll obtain the client’s U.S. citizenship (naturalization). Finally, we will help the client in sponsoring his or her parents or children abroad for immigrant visas (greencards) to the U.S. If you’d like to discuss whether you qualify for your greencard or naturalization, please contact our office. By means of this article, we wish to focus our attention on sponsoring your parents or children for greencards after you have obtained your US Citizenship.

Sponsoring parents or children for greencards

While as a lawful permanent resident you were not able to petition for your mother or father, as a U.S. Citizen you CAN petition for your parent as long as you are 21 years of age or older. Additionally, a parent of a U.S. Citizen is considered an “immediate relative” and therefore does not have to wait for a visa number. The process of bringing your parent over to the U.S. from filing the petition to approval to having your parent enter with their immigrant visa is rather fast.

Bringing Children to the U.S.

In regards to bringing your children to the U.S., the process and waiting times differ depending under which of the following categories your child/ren fits:

  1. Unmarried child under age 21: Like the parent of a U.S. Citizen, the unmarried child under the age of 21 of a U.S. Citizen is considered an immediate relative and does not have to wait for a visa number. The process for a U.S. Citizen to bring over their unmarried under age 21 children is also quick
  2. Unmarried child age 21 or older: If your child is not married but over age 21, you will have to file a petition for your child and then after approval, your child will have to wait for a visa number to become available. Currently, the U.S. Department of State is giving immigrant visas to the cases from September 2006. If from Mexico, then September 1993, and if from the Philippines, then January 2001. Hence, if your child is not married but over 21 than there will be long wait for him or her. You may want to contact us to discuss obtaining a different type of temporary visa for your child. When your child does finally come to the U.S., he or she may also bring his or her own unmarried children under the age of 21
  3. Married son or daughter of any age: If your child is married, regardless of age, your child will have to wait for a visa number to become available. Currently, the U.S. Department of State is giving immigrant visas to the cases from December 2002. If from Mexico, then May 1993, and if from the Philippines, December 1992. Again, you may want to contact us to discuss obtaining a different type of temporary visa for your child. Also, when your child does finally come to the U.S., he or she may also bring his or her own spouse and unmarried children under the age of 21

Petitioning for a stepparent

Finally, please note that a child over the age of 21 can petition for a stepparent. Likewise, a stepparent can petition for a stepchild as long as the stepparent married the child’s natural parent before the child’s 18th birthday. As an example of this latter case, we are currently representing a mother, a lawful permanent resident, who is married to a U.S. Citizen.

Because the mother married her husband while her child was under the age of 18, the U.S. Citizen husband can file a petition for the child as a stepparent just as any parent can file for any child as described above.
If you are interested in petitioning for your parent or child/ren, please contact our office to discuss processing times and documentation requirements (paperwork).

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