What is a Conditional Green Card for the Spouse of a US Citizen?
When a foreign national marries a U.S. citizen, they may be eligible to obtain a Green Card . This will provide them with lawful permanent resident status and allow them to continue living in the United States. However, there are some instances where conditional Green Cards may be issued to spouses of U.S. citizens. A Conditional Green Card will be valid for two years, and before it expires, steps must be taken to ensure that an immigrant spouse can maintain permanent residency in the United States. An immigration attorney can provide guidance to U.S. citizens and immigrant spouses, helping them understand when conditional Green Cards may be issued and how to remove the conditions on permanent residency. CR1 Visa for Spouses In many cases, spouses of U.S. citizens will be eligible for IR1 visas. If this type of visa is approved, the spouse will be granted lawful permanent resident status. However, if a couple has been married for less than two years when applying for a visa, the immigrant spouse may be granted a CR1 visa which will provide them with conditional permanent resident status. The CR1 visa is intended to help prevent marriage fraud where U.S. citizens marry foreign nationals solely to provide them with immigration benefits. In order to be granted a spousal visa , a couple will need to prove that they married in good faith and that their relationship is genuine. Fiance Visas: An Alternative Option For couples who have not yet married, a fiancé visa may be an option to obtain a Green Card for an immigrant who plans to travel to the United States to marry a U.S. citizen. The K-1 fiancé visa will provide an immigrant fiancé with authorization to enter the United States, and after the couple is married, a conditional green card will be issued. To qualify for a fiancé visa, a couple must meet certain requirements: Removing conditions on a green card A conditional Green Card will expire after two years. During the 90-day period before the Green Card expires, spouses must file Form I-751, Petition to Remove Conditions on Residence. Failure to meet this deadline may result in termination of the immigrant spouse’s lawful permanent resident status and could result in deportation. When seeking a permanent Green Card, a couple will need to prove that they are still married and that their marriage is legitimate. They may need to provide evidence that they are in a long-term, committed relationship, such as lease or mortgage documents showing they live together, financial records showing they share bank accounts, or birth certificates for any children they have had together. If a couple’s marriage ends before the expiration of a conditional Green Card, the immigrant spouse can file a petition for a permanent Green Card on his or her own. If the marriage ended in divorce or due to the death of the U.S. citizen spouse, the immigrant spouse will need to provide evidence that he or she entered into the marriage in good faith. He or she can also show that he or she was abused by his or her U.S. citizen spouse or that termination of his or her permanent resident status and deportation from the United States would cause extreme hardship. Contact our US Green Card Lawyers If you are facing any issues related to a conditional Green Card, or if you need help removing the conditions on permanent residency, it is crucial to consult with an experienced immigration attorney. Our Green Card attorneys can assist you with visa and Green Card applications, and we can help you provide the necessary documents to prove that you entered into your marriage in good faith. To schedule a free consultation and learn more about our immigration services, contact us at 844-IMIGRAR.
What Options Are There for Family Visas?
Family visas are an important aspect of U.S. immigration law, allowing U.S. citizens and lawful permanent residents (LPRs) to sponsor family members for immigration to the United States. These visas are designed to promote family unity and provide a pathway for close relatives to live and work in the country. A United States lawyer can help you determine which option may be better for you as you consider the various family visa options. Immediate Relative Visas (IR) Immediate Relative (IR) visas are available to the closest family members of U.S. citizens. These visas are not subject to annual limits, meaning they are always available if the eligibility criteria are met. The following family members qualify for IR visas: To apply for an IR visa, the sponsor is required to fill out Form I-130, Petition for Alien Relative, and submit it to the U.S. Citizenship and Immigration Services (USCIS). Once approval is received for the petition, the foreign national relative can apply for an immigrant visa at a U.S. embassy or consulate abroad, or if already in the U.S., the individual may apply for an adjustment of status to obtain a green card. Fiancé(e) Visas (K-1) The K-1 nonimmigrant visa enables U.S. citizens to bring their foreign national fiancés to the United States with the intention of getting married. To be eligible for a K-1 visa, the following requirements must be met: Get Help From a United States Immigration Lawyer To ensure the best possible outcome for your case, consider consulting with a United States immigration attorney. With legal representation, you can better understand your options through the application process. Call Abogado de Inmigración at 844-464-4727 to start with a free consultation.
Biden’s New Immigration Order: Key Facts for Families
The Biden administration recently announced a new executive order aimed at protecting undocumented spouses and children of U.S. citizens from deportation. This policy shift has significant implications for many immigrant families. A United States lawyer can explain what you need to know about this important development in immigration policy. Scope and Impact The new program is expected to benefit approximately 500,000 unauthorized immigrants. While this number may seem large, it represents only a fraction of the estimated 11 million unauthorized immigrants in the United States. To put this in perspective: Eligibility Criteria To qualify for protection under this new executive order, individuals must meet specific criteria: These requirements significantly limit the eligible population, focusing the program on family unity rather than broad-scale immigration reform. Comparison to Previous Policies While critics have labeled this program as “mass amnesty,” it is important to understand its context within existing immigration policies: Policy Implications This executive order reflects a complex balancing act in immigration policy. It aims to prevent family separation and support immigrant integration, recognizing immigrants’ economic contributions by potentially allowing more individuals to work legally and contribute to social programs. However, it is important to note that this policy comes in the wake of stricter border measures, including a controversial asylum ban. The administration appears to be navigating a delicate balance between addressing humanitarian concerns for established immigrant families and maintaining a stance on border control. Contact a United States Immigration Attorney As with any significant policy change, implementing this executive order will likely face legal challenges. The specific details of the program, including how minor criminal offenses might affect eligibility, have yet to be fully clarified. Immigration law can be confusing and ever-changing. If you believe you or a family member may be eligible for safety under this new executive order, seek professional legal advice from a United States immigration lawyer. Call Abogado de Inmigración at 844-464-4727 for a free consultation to help you understand your rights and options under this new policy.
DHS Proposes Higher 9-11 and Biometric Entry-Exit Fees
Professional work visas, like H-1B and L-1 visas, could soon see a significant increase in fees. To further the 9-11 Response and Biometric Entry-Exit program, DHS is proposing a significant rate increase that would be charged for H-1B and L-1 visas every time an employer files an extension on behalf of the employee. If the bill passes, an extra $4,000 or $4,500 will be added to the already hefty fee schedule. If you or your spouse are currently in the United States working under an H-1B or L-1 visa, it is important that you know the fees could be going up significantly, as this could affect your ability to remain in the U.S. and work. Speak to an experienced United States immigration attorney from Abogado de Inmigración as soon as possible. When you have a strong legal advocate by your side, the outcome of your immigration issue is likely to be much more positive. Understanding H-1B and L-1 Work Visas There are 65,000 H-1B visas approved each year plus an extra 20,000 for the “cap,” usually chosen from more than 200,000 applicants who go into the lottery system. In 2019, 76,988 L-1 visas were approved. The H-1B visa helps workers from other countries find employers in the U.S. who need employees with specialized knowledge and a bachelor’s degree or higher. If your goal is a U.S. green card or permanent residency, the H-1B visa’s dual intent may be the best option. U.S. workers are protected from losing jobs they are qualified to perform by requiring employers to pay non-citizens the prevailing wage. This means there is no benefit to employers through lower wages, ensuring they are only hiring to secure necessary skills in their workforce. The L-1 visa allows longer extensions than the H-1 B but may be more difficult to obtain. Under an L-1 visa, foreign companies can transfer some employees to their U.S. counterparts. As a non-immigrant temporary visa, the total L1 duration is anywhere from 5 to 7 years. There is a $1,385 fee to file for an L-1 ($695 for smaller employers and non-profits) and a $500 anti-fraud fee. Like an H-1B, premium processing costs an additional $2,805. Employer fees for an H-1B are as follows: a $215 registration fee, $4,000 for employers with more than 50 employees, a $780 filing fee, a $500 anti-fraud fee, and from $750-$1,500 for an ACWIA training and education fee, depending on the number of employees. Premium processing, which is optional, costs $2,805 and can be paid by the employer or employee. What are Biometric Entry/Exit Programs as They Pertain to Immigration? Congress implemented the 9-11 fee to support and improve the biometric entry-exit system. This system increases national security by matching travelers to travel documents using facial recognition and fingerprints. Since 2018, the 9-11 Biometric program has identified more than 2,000 imposters and more than 300,000 overstays. Companies with more than 50 employees will be required to pay the 9-11 Biometric Fee if their workforce includes at least 50 percent of those in H-1B and L-1 status (Public Law 114-113). The anti-fraud fee is initially charged for first-time H-1B and L-1 status or when there is a change of employer, but no fee is currently charged when an extension for an existing employee is submitted. The proposed new rule would charge $4,000 for H-1Bs and $4,500 for L-1s for these extensions. Contact an Experienced United States Immigration Lawyer If you or a family member are facing significant legal challenges as a result of an immigration issue, it is important that you speak to a highly skilled United States immigration lawyer from Abogado de Inmigración. With a deep understanding of the complexities of immigration issues, we will be by your side from beginning to end. If you want to live and work in the United States, we will find the best way to achieve that goal. Attorney William Vasquez is a veteran of Operation Enduring Freedom and received the Joint Service Achievement Medal in 2005 for his work as a Spanish linguist for the Defense Intelligence Agency. Contact Abogado de Inmigración at 844-464-4727 to schedule a free consultation.
Adjustment of Status vs Consular Processing: What to Choose?
There are two main routes to a U.S. Green Card and permanent residency. You can file for an adjustment of status from within the United States or choose consular processing if you are filing from outside the United States. When you apply through a foreign consulate or embassy, you may have lower filing fees and possibly reduced waiting times. There are also advantages to filing for an adjustment of status from within the United States. It is important that you choose the best option for you and your situation. Once you commit to one or the other, you cannot switch without delaying the process and facing increased costs. When you have a strong advocate in the form of a United States Green Card attorney from Abogado de Inmigración, you can rest easy, knowing your future is in good hands. The Pros and Cons of Adjustment of Status As noted, filing for an adjustment of status occurs within the United States through the United States Immigration and Citizenship. There are USCIS field offices across the United States. To be eligible for an adjustment of status, you must possess a valid non-immigrant visa and have a family or employer sponsor. You must also: The last eligibility requirement can be confusing. While single-intent visas do not allow changes in status, applicants can switch to a dual-intent visa and apply for permanent residency afterward. You may not leave the United States after filing for adjustment of status without filling out and submitting Form I-131 (Application for Travel Document). To apply for an adjustment of status, you will use either Form I-140 (Immigration Petition for Alien Worker) or I-485 (Application to Register Permanent Residence or Adjust Status). The cost for an adjustment of status begins at $2,155 and generally takes from eight to 14 months. Successful applicants will receive a priority date along with Form I-797. If you are remaining in the U.S., you can use the receipt number on the form to check your status. The Pros and Cons of Consular Processing Application for consular processing is made outside the United States at the nearest U.S. embassy or consulate. Eligibility requirements include: There are no travel restrictions when filing for consular processing. You will use Form I-140 (Immigrant Petition for Alien Worker) or Form DS-260 (Immigrant Visa and Alien Registration Application), and the cost is approximately $1,060. You can check your status through the DOS by making an account on their website and then checking your priority date and the progress of your application. For both consular processing and adjustment of status, a U.S. employer must file Form I-140 or Petition for an Alien Worker and submit the form directly to the USCIS with a filing fee of $715. What Happens Once Your Priority Date is Current? If you are filing consular processing, you must file Form DS-260 once your priority date is current. The filing fee is $345, plus $325 for each dependent. If you are filing an adjustment of status, you must submit Form I-485 Adjustment of Status, with a filing fee of $1,440. Both sets of applicants must then undergo a medical examination, an interview with an immigration official, and a biometrics appointment to provide fingerprints. Consular processing applicants cannot live or work in the United States until they receive approval. If you are adjusting your status, you must remain in the U.S. while you await the verdict. Contact a United States Green Card Attorney It can be extremely beneficial to have a legal advocate helping you through this process, keeping you updated regarding forms, eligibility, and changes to filing fees, and double-checking every detail on your application. A U.S. green card attorney from Abogado de Inmigración is ready to help you reach your immigration goals. Attorney William Vasquez received the Joint Service Achievement Medal for his work as a Spanish linguist for the Defense Intelligence Agency in 2005. Contact Abogado de Inmigración at 844-464-4727 to schedule your free consultation.