Family Based Immigration

Another action by USCIS demonstrates that current processing times are becoming increasingly protracted. Effective September 4, 2021, USCIS announced that to accommodate current processing times for I-751 and I-829 petitions, they are increasing the validity of the receipt notices from 18 months to 24 months. Applicants who obtain a green card through a marriage where...

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Filing a marriage-based petition is often considered to be one of the easiest and fastest ways for someone to obtain a green card.  However, if an applicant entered the U.S. without inspection, in other words illegally, then it becomes necessary to file a Hardship Waiver.  This turns a relatively straight forward process into a much...

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Obtaining a green card through marriage is often described as one of the easiest ways to obtain lawful permanent residency.  However, what happens if after obtaining the green card you get divorced?  Can you get remarried and sponsor your new spouse? The 5-Year Rule for Sponsoring a New Spouse While this is certainly possible, if...

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The Affidavit of support is filed to establish willingness and ability to financially support your immigrant spouse or family member.  By filling this form, you are declaring to USCIS that the intending immigrant (and joining family member) will not become a public charge.  As the Petitioner of the immigrant, you are required to submit this...

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Part 1: General overview. Which route is applicable? If you are a US Citizen or a Lawful Permanent Resident (LPR) your spouse is eligible to obtain his/her green card through your relationship. Within Part 1 of this article series, we will provide general information to help with determining which route is applicable when filing for...

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Part 2: Adjustment of status Part 2 of this series will provide further details on the steps and important items to consider when filing the cases with USCIS. If your Foreign National Spouse is immediately eligible to file their green card they can file the “adjustment of status package” which will typically include: I-130, Petition...

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