Category Archives: Immigration Info

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Why I think Immigration Attorneys are Scumbags

This website does not provide legal advice and Provider is not a law firm. “Free Consultations” Lets talk about those “Free Consultations” every Immigration Attorney is offering. You would think hat this is an informal meeting between prospective client and Immigration Attorney to discuss the potential clients case. NOT SO! First it is a high pressure sales presentation. They are brash and smirking during their sales pitch, but the whole world will turn brown and dank if the prospective client buys into the sales pitch. The

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Can an Undocumented Immigrant Marry a U.S. Citizen?

There’s no law preventing an undocumented (illegal) immigrant from marrying a U.S. citizen, but getting a green card (permanent residence) is not quite so simple. If you are an undocumented immigrant in the United States (sometimes referred to as an “illegal immigrant”), nothing stops you from marrying a U.S. citizen, or most anyone else you wish to marry. U.S. citizens marry illegal immigrants on a regular basis. (The main limitations on marriage in the U.S. have to do with your age and

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How to Assemble an Immigration Application Package

When mailing an immigration application to the USCIS, properly organizing your documents and assembling your package is critical to minimize handling errors. Below is a list of general tips that apply to most cases. However, if USCIS has published specific instructions (FY 2010 H-1B petitions, for example), or is asking you for further information, always follow their exact instructions. Enclose a cover letter describing what you are sending: original application, response to RFE, Motion to Re-open, etc. Attach correct fee

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Stokes Interview and Marriage Based Immigration

A Stokes Interview in a marriage based green card application process is referring to an interview when the husband and wife are questioned separately, and their answers are compared by an immigration officer to determine whether the marriage was entered into in good faith. A stokes interview (also known as “marriage fraud interview”) is usually a second interview, after the first one when the husband and wife were interviewed together raised some questions about the bona fide of their marriage.

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Family-Based Immigration I-130

Foreign nationals may apply for permanent residency through a family member who is either a US citizen or lawful permanent resident. While a permanent resident may only sponsor a spouse and unmarried children, a citizen can petition for parents, brothers, sisters, and married children as well. Relatives are classified into two main categories, then assigned preference levels, based on their relationship to the sponsors. Category I: Unlimited Family-Based (does NOT need a visa number) Spouse and unmarried children under 21

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Employment Authorization Document and Travel Document

Anyone who is not a US citizen or permanent resident may need to apply for a work permit (Employment Authorization Document – EAD) before they can start working in the United States. Below is a partial list: Who must apply for an EAD? Beneficiary of a pending I-485 Adjustment of Status; F-1 student seeking optional practical training; F-1 student seeking off-campus employment due to severe economic hardship; M-1 student seeking practical training after completing studies; Spouse or minor child of

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How the United States Immigration System Works

U.S. immigration law is very complex, and there is much confusion as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration policy, provides for an annual worldwide limit of 675,000 permanent immigrants, with certain exceptions for close family members. Congress and the President determine a separate number for refugee admissions. Immigration to the United States is based upon the following principles: the reunification of families, admitting immigrants with skills that are valuable

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Consular Processing

Similar to filing for adjustment of status, consular processing is another way to become a legal permanent resident of the US. It is the final step before a green card is issued and can be used in both employment-based and family-based immigration processes. Consular processing requires an in-person interview at a US consulate overseas. An immigration petition (e.g. I-140) must have been approved, and a visa number must be available, before consular processing can take place. Who Should Use Consular

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U.S. Immigration Forms

Frequently Used USCIS Forms All USCIS forms (formerly INS forms) are FREE of charge on the official USCIS.gov website (linked from the table below). If you visit any website and are asked to pay a fee for downloading or using an immigration form, be very careful! Also forms obtained from non-official web sites may be outdated, and using such old forms may result in your application or petition being delayed or even denied. My advice: Always download immigration forms directly

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I-485 Adjustment of Status

Form I-485, Application to Register Permanent Residence or Adjust Status, is used by a person in the United States to adjust his or her nonimmigrant status to that of a permanent resident. It is the final step of a long journey to green card. How Long Does It Take to Receive Approval for My I-485 Application? It varies dramatically from case to case, and from center to center. It also depends on your petition category (EB2 vs. EB3, for example).

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