Jason Karavias, Esq.FindLaw IM Template2024-03-18T13:35:39Zhttps://www.karaviaslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1402481/2020/04/cropped-Favicon-32x32.pngOn Behalf of Jason Karavias, Esq.https://www.karaviaslaw.com/?p=475192024-03-18T13:35:39Z2024-03-18T13:35:39ZPaperwork is a key consideration
The United States Citizenship and Immigration Services (USCIS) has to evaluate any request for a green card carefully. Therefore, the citizen seeking a green card for their spouse must submit certain paperwork. In addition to an application requesting a visa for the foreign national spouse, there are likely medical records to submit as well. The non-citizen spouse must undergo a background check and may need to submit to biometric procedures, such as recording their fingerprints.
An interview is likely necessary
An interview with the foreign national spouse and possibly also with the citizen spouse is a common component of marriage-based immigration. Ensuring the validity of the marital relationship and the intentions of the immigrant spouse are both priorities.
The green card initially has conditions that limit it
A green card secured through marriage is a conditional green card. It does not last for a full 10 years. Someone's right to remain in the country lawfully depends on the continuation of their marital relationship. They usually need to apply to remove the conditions from their green card roughly two years after obtaining it. Only then does the immigrant spouse's marriage cease to affect their eligibility to remain in the country. Someone who divorces less than two years after securing a green card via marriage may not be able to remain in the United States permanently.
The process of obtaining a marriage-based green card can take months to complete in some cases. Understanding the immigration rules that apply in different circumstances can help people support their loved ones who want to enter the United States.]]>On Behalf of Jason Karavias, Esq.https://www.karaviaslaw.com/?p=475172024-01-25T16:28:07Z2024-01-25T16:28:07Zseveral steps. Understanding everything from start to finish is critical for applicants.
Initial application
The process begins with the U.S. citizen or lawful permanent resident spouse filing a Form I-130, Petition for Alien Relative with the United States Citizenship and Immigration Services (USCIS). This form establishes the marital relationship between the petitioner and the immigrating spouse.
Along with the I-130 form, the couple must submit proof of the legitimacy of their marriage. This typically includes marriage certificates, joint bank account statements, photographs and other documents that demonstrate a bona fide marriage.
Medical examination
The immigrating spouse is required to undergo a medical examination by an authorized physician either prior to the interview for consular processing or before submitting Form I-485 for adjustment of status.
Application for permanent residency
If the foreign spouse is already in the U.S. on a nonimmigrant visa, they can file Form I-485, Application to Register Permanent Residence or Adjust Status. This is done concurrently with the I-130 petition. This is known as adjustment of status. If the foreign spouse is outside the United States, they will go through consular processing in their home country after the I-130 is approved.
Biometrics appointment
The foreign spouse may need to attend a biometrics appointment for fingerprinting and a background check. This is done regardless of if they are applying from within the U.S. or through a U.S. consulate in their home country.
Interview and decision
For adjustment of status applicants, an interview is typically scheduled at a local USCIS office. For consular processing, the interview is at a U.S. embassy or consulate in the foreign spouse's home country. During the interview, the authenticity of the marriage is assessed, and the spouse's eligibility for permanent residency is evaluated.
Approval and issuance of the green card
If the application is approved, the foreign spouse will receive their green card in the mail if they are in the United States. For those going through consular processing, the visa is typically placed in their passport, allowing them to travel to the U.S., where they will receive their green card.
The process can be complex and requires detailed documentation and compliance with various legal procedures. Seeking guidance from someone familiar with immigration matters can be beneficial for those who want to navigate this process efficiently and effectively.]]>On Behalf of Jason Karavias, Esq.https://www.karaviaslaw.com/?p=475042023-11-16T01:12:24Z2023-11-16T01:12:24ZAn arrest alone doesn't result in immigration penalties
An arrest is a very frightening experience. The state gathers biometric information about an individual and largely strips them of their personal liberties. People may spend days in state facilities where they may encounter criminals with all sorts of backgrounds.
Many people become very anxious while in state custody and start imagining the worst-case scenario. Immigrants naturally feel concerned that criminal allegations will affect their eligibility for a green card or future naturalization. However, an arrest does not automatically lead to criminal charges or any immigration consequences. The state would need to arraign someone for specific charges and then successfully prosecute them for an arrest to affect an immigrant's rights. Many immigrants facing criminal charges will choose to defend themselves in court because of the possible immigration consequences.
Even a criminal conviction does not automatically prevent someone from obtaining a green card or naturalizing. Criminal offenses need to meet a certain standard to impact immigration opportunities. Crimes that lead to five years of incarceration could affect someone's status. So could crimes of moral turpitude. Additionally, violent criminal offenses, prostitution-related crimes, drug crimes and smuggling people are all crimes that often have immigration implications.
An immigrant who is worried about pending criminal charges after an arrest likely needs legal guidance. They need to know if the charges against them could affect their immigration options and what defense strategies could potentially help them. Getting thoughtful advice as early as possible after an arrest can help an immigrant minimize the risk to their green card status and/or their dream of becoming a citizen.]]>On Behalf of Jason Karavias, Esq.https://www.karaviaslaw.com/?p=475022023-09-15T13:04:45Z2023-09-15T13:04:45ZThe 3-year rule
The rules are a little different for those who’ve received a green card through marriage, rather than through other means. Traditionally, people have to wait five years before they can attempt to become U.S. citizens. But if a marriage was the reason for their green card, then they only need to wait for three years.
You do have to live with your spouse and live in the United States for those three years. Continuous residence is important. This doesn’t mean that vacations aren’t possible, but long trips outside of the United States should be avoided. For at least 18 months before applying, you have to be physically present in the country.
Other qualifications
Along with these rules based on your marriage, there are other qualifications that need to be met, as is true for anyone seeking citizenship. Some of these include:
Being a person of good character
Being able to speak and write in English (usually)
Understanding government and history
Understanding the Constitution and the principles it holds
Being at least 18 years old
If all of these things are true, then the biggest question simply becomes how long you have been married and lived within the United States. If you do meet these qualifications, although this does not guarantee that citizenship will be granted, it does give you the ability to get the process started. Make sure you know exactly what legal steps to take as you do so by seeking legal guidance as necessary.]]>On Behalf of Jason Karavias, Esq.https://www.karaviaslaw.com/?p=473412023-06-05T10:38:14Z2023-06-05T10:38:14ZK-1 or fiance visa allows someone from another country to lawfully travel to the country to get married and potentially live here indefinitely.
What do people need to know about K-1 or fiancé visas?
They typically require an interview
There have always been concerns about fraud and abuse of visa programs that provide marriage and engagement-based immigration opportunities. Those applying for a K-1 visa typically need to attend an interview where they validate the legitimate relationship that they have with their fiancé. They may need to bring evidence of a pre-existing relationship, ranging from social media posts and pictures of joint travels to letters written by family members.
Advanced wedding planning is almost always necessary
A K-1 visa is a very short-term visa. Someone who enters the country to marry a United States citizen can only stay in the country for 90 days at most unless they get married. At that point, they can file paperwork for a provisional green card. However, until the marriage occurs, the person with the K-1 visa could still face removal from the country. Putting a wedding together can be a very big logistical challenge, so people typically need to begin that process well before they secure the visa and buy a plane ticket.
A fiancé will only receive a provisional green card
Typically, green cards for permanent residents are good for 10 years. However, those who marry and then apply for a green card typically only receive a temporary, two-year green card. They can then submit the necessary paperwork at the end of that two years and transition to a 10-year green card like most immigrants have.
Those who are familiar with the rules of the K-1 visa program may have an easier time bringing their fiancé to the United States successfully and without undue delay. Seeking legal guidance can be helpful in this regard.]]>On Behalf of Jason Karavias, Esq.https://www.karaviaslaw.com/?p=473392023-05-15T20:26:32Z2023-05-15T20:26:32ZForm I-130, a Petition for Alien Relative. Both United States citizens and those with green cards can potentially file a form I-130 to help their spouse lawfully enter the country. When successful, they can become a green card holder, which means they will be a permanent resident.
For those who are citizens, there are programs that can help a spouse live in the United States while a visa is pending. For green card holders, a temporary right to enter the country is often only available if the delay in petition processing lasts three years or longer.
What if the petition fails?
Sometimes, those that submit the necessary paperwork to the USCIS to bring their spouse to the country receive a denial. The good news is that denial notices from the USCIS typically include instructions for the appeals process.
Those who have professional legal support typically have an easier time navigating the often complex USCIS appeals process. In some cases, there may be alternate means of helping a spouse enter the country and obtain either a visa or a green card. Discussing family circumstances with an immigration lawyer can be a good starting point for reuniting with a spouse who is living abroad.]]>On Behalf of Jason Karavias, Esq.https://www.karaviaslaw.com/?p=473372023-04-17T12:02:20Z2023-04-17T12:02:20ZHousehold income is the primary concern
It is important for someone to be able to support themselves and their spouse without depending on the government for benefits if they want to live in the country as permanent residents. The spouse requesting the Green Card will need to fill out an Affidavit of Support. They should attest to their ability to provide for their spouse without becoming a public charge.
The USCIS will verify these claims by looking at income records. Typically, the overall household income should be at least 125% of the federal poverty level given the number of family members. Tax returns, W-2s and paystubs can all help establish that someone makes enough to obtain a green card for their spouse.
A history of state benefits
In some cases, the need for state benefits could potentially influence the outcome of a green card application. In cases involving someone receiving public cash benefits, that history could potentially influence their eligibility for a green card.
Any records of financial misconduct
Background checks are an important part of the green card application process. Individuals with significant criminal records, including a history of financial crimes, may not be eligible for a green card in some cases.
Many working adults are able to meet the financial standards established by the USCIS to help their spouse qualify for a green card. Discussing the household's financial history and immigration rules with an experienced legal professional could help those who are hoping to secure a green card for their spouse determine if now is the time to apply.
]]>On Behalf of Jason Karavias, Esq.https://www.karaviaslaw.com/?p=473352023-04-13T18:02:54Z2023-04-13T18:02:54ZIf you’re a U.S. citizen, the process of obtaining permanent resident status (commonly known as getting a green card) for a spouse who’s a foreign national varies depending on whether they’re currently living here on a temporary visa or still living outside the U.S.
When the spouse is already in the U.S.
According to the U.S. Customs and Immigration Services (USCIS), for a spouse who’s already in the U.S., you’ll need to complete two forms:
Form I-130, Petition for Alien Relative
Form I-485, Application to Register Permanent Residence or to Adjust Status
Those forms should both be submitted to the USCIS for review and processing.
When the spouse is living outside the U.S.
If your spouse is still living outside the U.S., you’ll need to complete the first of those forms (I-130) and have that approved by the USCIS. Once approved, it will then need to go to the appropriate embassy or consulate for their review. When submitting the I-130 form, there’s an extensive list of documentation required. This includes documentation of your marriage and any previous divorces as well as a number of identifying documents from your spouse.
Can the foreign spouse move to the U.S. while the application is pending?
A common question is whether a spouse who’s still living abroad can reside in the U.S. while their green card application is pending. If you are a U.S. citizen, your spouse can apply for a K-3 Nonimmigrant Visa that lets them live and work in the U.S. while their application is being reviewed and processed.It should be noted that if you are a green card holder yourself rather than a U.S. citizen, you can still apply for your spouse to get a green card as well. The process, however, is somewhat different. As with any process that involves the U.S. Government (let alone another country’s government as well), you’re going to need to be patient. However, by doing everything correctly, you can improve your chances of the whole thing going more quickly and smoothly. You can also reduce the chances that the application will be denied. Having legal guidance is a good first step.]]>On Behalf of Jason Karavias, Esq.https://www.karaviaslaw.com/?p=473322022-11-07T21:46:31Z2022-11-07T21:46:31ZHonesty is the best policy
The U.S. Citizenship and Immigration Services (USCIS) can be trusted to do a very deep background check on any applicant for a green card or citizenship – and that includes looking for any interaction with law enforcement both in the United States and abroad.
That makes it particularly important to be honest on your application, no matter what the circumstances. Even if the charges against you have yet to be decided, were in another country or your record was expunged, you don’t want to give immigration authorities any reason to doubt the veracity of your whole application.
In fact, any misrepresentation on your green card or citizenship application can be enough to make you inadmissible under U.S. immigration law – but not all arrests or convictions have the same effect. That means that you could end up torpedoing your application by trying to hide what happened, even if the arrest itself was insignificant.
In short: Disclose everything, even if you’re not sure you have to do so. If you have any documentation that shows how the arrest was resolved (paperwork showing that the case was dropped or expunged or settled in some other fashion), make sure you have it ready – and be ready to answer more probing questions about the situation that led to your arrest.
The immigration process is fraught with pitfalls that can make it frightening to proceed alone. That’s why experienced legal guidance is best when you’re trying to change your immigration status.
]]>On Behalf of Jason Karavias, Esq.https://www.karaviaslaw.com/?p=473112022-09-09T22:22:43Z2022-09-09T22:22:43Zbecome a naturalized citizen.
Naturalization provides you with the benefits of citizenship. You’ll get to attend a ceremony to take the Oath of Allegiance.
Time requirements
You must be a green card holder living in the U.S. for at least three years before becoming a naturalized citizen. Long periods outside of the U.S. can lead to your green card being classified as abandoned. Even six months outside of this country can be considered a break in this time and cause you to have trouble being granted citizenship. There’s also a three-month requirement for residing in the state or the United States Citizenship and Immigration Services District overseeing your place of residence.
Good moral character
You must be of good moral character to be granted naturalization. Criminal arrests can cause problems in this area. Some that you might consider minor, such as drunk driving, can create challenges. Violent crimes and having to serve time in prison are almost always prohibitive to being able to become a naturalized citizen. If you have any criminal history, discuss your case with someone who knows immigration laws.
Selective Service
If you’re a male between 18 and 25, you must register with the Selective Service. You can do this online or at a United States Post Office. If you were a green card holder who was required to register but never did and are at least 26 now, you must submit a Selective Service System Request for Status Information Letter to include with your citizenship application.
Two tests
You must pass two tests. One of these is a basic English test. The other is a civics exam that contains 10 questions. You must answer six correctly to pass. These cover history and the government of the country.
Making sure that you have everything in order on your application is crucial. Because of this country's ever-changing immigration laws and policies, it’s best to work with someone familiar with the most current ones.]]>