Generally, it’s a problem if you entered the US without a visa (or without ESTA). If you last entered the US more than six months ago without a visa, then you are probably not eligible to get a green card from within the US. You’ll have to get an I-601A and get your green card at a US embassy. If you entered the US at some point, and then later entered the US with a visa, you may have a fraud problem. That is, in Read More
Which visas cause problems for marriage-based green card applications?
Certain types of visas do not allow you to apply for a green card from the United States or do not allow you to apply for a green card in the United States without a waiver. If you have entered the US on the following visas, you cannot apply for a green card from the United States unless you are eligible for a “246i” waiver: C/D crew visa K fiancé visa S visa Transit entry (no visa) If you entered the US Read More
Are you Canadian and applying for a marriage-based green card? There are special (usually positive) issues for Canadians as related to entering the US.
Canadians are entitled to various benefits when they enter the US. First, the visa requirements are much more lax for Canadians. Most Caan tourists do not even need a visa in their passport to enter. Many Canadians entering the US on certain visas such as the H1B or L can process their visas at the border and may in some situations be able to enter with just an I-797 Notice of Action Approval Notice. Also, Canadians Read More
Why can’t you plan to enter the US with a nonimmigrant visa and apply for a green card?
US immigration law separates visas into three categories: nonimmigrant intent visa; immigrant-intent visa; and dual-intent visas. Nonimmigrant intent means that you intend to enter the US for a specific time for a specific approved purpose and then you will return to your home country. Immigrant intent means that you plan to enter the US to live in the US permanently. Dual-intent means that you will enter the US on a Read More
Are you eligible for a marriage-based green card from within the US, and are you married to more than one person at the same time?
USCIS will only recognize your first marriage as a valid marriage for immigration purposes. With that, you do not need to disclose marriages that take place after a first marriage is still legally valid. However, talk to an experienced immigration attorney if you have engaged in a marriage ceremony while you are legally married because you may be committing a crime in certain US states and in countries outside of the Read More
Are you eligible for a marriage-based green card within the US? What is your marital status—engaged or married?
What is your Marital Status? Are you engaged or married? If you’re trying to figure out if you’re eligible to get a green card based on your marriage to a US citizen or lawful permanent resident, let’s start with an easy question: Are you married or engaged? If you’re not yet married, you cannot file for a marriage-based green card from within the US. There is a route for fiancé/fiancées of US citizens if the Read More
When can I renew my two-year green card?
You can apply to renew your two-year conditional green card by filing Form I-751, Petition to Remove Conditions on Residence, in the 90 days prior to the expiration date on your green card. For example, if your green card expires on 12/31/23, you can file anytime between October 2, 2023 and December 31, 2023. However, wait until about October 4 to file—so that it’s not early, but don’t wait until December 31, 2023 to Read More
How to get out of an abusive marriage AND keep your green card
You do not have to stay in an abusive marriage to protect your green card. US law wants you to leave your US citizen spouse’s abuse, and the US will allow you to keep your green card if you are abused by your US citizen spouse (or LPR spouse). If you are abused by your US citizen spouse, you can apply to renew your green card at any time. This is different from a joint renewal that must be submitted in the 90 days Read More
How do I renew my two year green card if my spouse died?
If you obtained your two-year green card through marriage and your US citizen (or LPR spouse) died, you are still able to renew your green card by filing Form I-751, Petition to Remove Conditions on Residence. If you are successful, USCIS will grant you a 10-year green card (Form I-551)! To be successful on this application, you will need to show that yours was a “real” (aka bona fide) relationship and marriage. Or, Read More
How to renew my two year green card with a divorce waiver?
If you obtained your two-year green card through marriage and your US citizen (or LPR spouse) died, you are still able to renew your green card by filing Form I-751, Petition to Remove Conditions on Residence. If you are successful, USCIS will grant you a 10-year green card (Form I-551)! To be successful on this application, you will need to show that yours was a “real” (aka bona fide) relationship and marriage. Or, Read More
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