Cross-Chargeability is the term used for when an applicant charges their visa to the country of birth of a spouse or a parent – instead of their own country. According to the USCIS, for practical reasons, cross-chargeability is used where the preference quota category is backlogged for one spouse’s country of chargeability but is current for the other spouse’s country of chargeability.
A Trump administration memo issued, effective September 11, 2018, is making it harder to obtain approval of green card (I-485) applications. The memo gives the USCIS broad discretion over what conditions can cause the application to fail. The discretion applies to many family-based green card situations.
The election results brought good news for immigrants and immigration advocates, but this news was preceded by good news on the legislative front as well: On October 27th, the 8th Circuit federal appellate court ruled in favor of Temporary Protected Status (TPS) applicants deeming them eligible for citizenship even if they did not enter the U.S. legally.
Our client fell victim to the act. She had been passing through a parking lot of an Illinois shopping mall and was approached by a voting booth representative. Asked if she is registered to vote, our client stated she is not a US citizen. The representative asked if she is married to a US citizen, and if so, she is able to vote due to that status.
Our client retained Attorney Frank Krajenke of Herman Legal Group because he was near facing removal for multiple criminal convictions.
Only US citizens can bring K-1 fiances home. You should meet in person at least once within the last two years. Then you file your intent to marry with USCIS. About half a year to a year or more later, your fiance applies to an interview at an embassy or consulate. With an approved K-1 visa, your fiance can enter the US in K-1 non-immigrant status. After that, you have 90 days to marry and file another application for their adjustment of status to lawful permanent resident (commonly known as an LPR or green card holder).
Before the U.S. Citizenship and Immigration office, the marriage-based green card interview is the last step in the application process for getting permanent residence. However, there can be few more requests and different outcomes as a result of the interview.
Finding out that a marriage certificate isn’t an instant ticket to receiving a U.S. green card leaves many couples disappointed. Moreover, your and your spouse's task is to convince USCIS that you deserve a lawful permanent residence. In order to achieve this and get a U.S. green card, you have to demonstrate that the application is eligible for approval. Your weapon, in this case, is firm and reliable evidence.
Sometimes, it is in human nature to make mistakes or make decisions that we later regret in life. However, all of your hard work in obtaining that visa might go down the drain the moment you decide to commit a crime or violate US law.
On May 10, 2019, the USCIS Administrative Appeals Office ruled for a petitioner seeking a green card for a religious worker. The decision, a rare victory for a petitioner, found that a temple (gurudwara) submitted proper evidence to classify a beneficiary as a special immigrant religious worker - to work as a minister (granthi). The petition was based on a Form I-360 petition based, in turn, on the Immigration and Nationality Act (the Act) section 203(b)(4), 8 U.S.C. § l 153(b)(4).
