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Category: Green Cards

  • How to Find the Right Immigration Attorney for Asylum Cases

    Leaving your home behind is never easy. For people fleeing danger, war, or persecution, applying for asylum in the U.S. can feel like the only hope. But getting asylum isn’t simple. It takes more than courage. It requires evidence, deadlines and a deep understanding of U.S. immigration law.  

    That’s why finding the right Immigration Lawyer for Asylum is one of the most important steps you can take. A good lawyer will not only guide you through the legal process but they’ll also help you tell your story in the most powerful way.

    Let’s talk about how to find the right attorney for your asylum case what to look for and why it matters so much. 

    Why Finding the Right Asylum Lawyer Feels Like a Lifeline

    Applying for asylum? It is not just some paperwork like a visa. It is a heart pounding legal fight where everything you care about is on the line. You have got to show that going back home could mean danger to your life or freedom, all because of who you are- your race, your beliefs, your nationality, your politics or the group you are part of. That is a heavy load and it can feel like the world’s against you.

    But here is the thing. A compassionate, skilled asylum lawyer can be your rock. They get the law inside and out, know exactly what evidence will make your case strong and keep track of all those stressful deadlines. More than that they sit down with you, really listen to your story and feel the weight of your fears. They not just build a case but fight for your future with heart.

    Having the right lawyer by your side? It’s like the difference between finding a safe home or facing the fear of being sent back. You deserve someone who’s got your back.

    What Does an Asylum Lawyer Actually Do?

    Many people aren’t sure what immigration attorneys do during an asylum case. In short, they do a lot.

    1. They Review Your Case Honestly

    First, your lawyer will talk to you about your background and your situation. They will tell you if your case qualifies for asylum or if there are other options.

    2. They Help With the Paperwork

    U.S. immigration forms can be confusing. A small mistake can lead to delays or even denials. Your lawyer will help you complete and file Form I-589, the application for asylum and make sure everything is accurate.

    3. They Gather Supporting Documents

    You may need police reports, medical records or letters from people in your home country. Your lawyer will help you collect the right documents and explain why they matter.

    4. They Represent You in Court

    If your case goes before an immigration judge your attorney will speak for you. They will prepare you to answer questions and explain your fears clearly and truthfully.

    How To Find the Right Immigration Lawyer for Asylum?

    Now that you know why legal help matters let’s talk about how to find the right attorney for your situation.

    1. Look for Experience in Asylum Law

    Not all immigration attorneys focus on asylum. Some may work mainly on green cards, work visas, or business immigration. Make sure the lawyer you choose has real experience with asylum cases. Ask how many they’ve handled and what kinds of results they’ve seen.

    2. Ask About Cases Like Yours

    Every asylum case is different. A strong attorney should understand the challenges specific to your country, religion, gender identity, or political beliefs. Ask if they’ve worked with clients from your country or with similar claims.

    3. Pay Attention to How They Communicate

    Your attorney should explain things in a way that makes sense. You should never feel rushed or confused. A good Immigration Lawyer for Asylum will take the time to answer your questions clearly and honestly.

    4. Check for Transparency

    Before hiring anyone, ask about costs. Some lawyers charge flat fees, others charge by the hour. Make sure the payment plan is clear and fair. A trustworthy lawyer will always be upfront about fees and won’t pressure you into signing anything right away.

    5. Trust Your Instinct

    You should feel comfortable with your lawyer. You’re sharing personal and painful parts of your life. It’s important to feel that your attorney respects you and believes in your case.

    Red Flags to Avoid

    Just as there are signs of a good lawyer, there are signs of a bad one. Watch out for:

    • Guarantees: No lawyer can promise you will win. Be wary of anyone who does.
    • Lack of interest: If they don’t ask many questions or seem in a hurry, that’s a warning sign.
    • Poor communication: If they don’t return your calls or explain things clearly, look elsewhere.
    • No contract or unclear fees: Always get a written agreement and make sure you understand it.

    Where to Start Your Search

    There are a few places you can begin your search for a qualified immigration lawyer:

    Community Referrals

    If you live in an immigrant community like Port Chester, ask around. Someone you trust may already know a good attorney.

    Non-Profit Legal Services

    There are organizations that offer low-cost or free help to asylum seekers. These can be a good place to start if money is a concern.

    Online Lawyer Directories

    Websites like AILA.org let you search for immigration lawyers by area and practice focus.

    For other legal needs such as personal injury cases, firms like Cohen & Cohen have extensive experience serving clients in the Washington D.C. area.

    Why Genova Law May Be the Right Fit

    At Genova Law, we understand how hard this journey can be. Our firm was founded by attorney Gergana Genova in Port Chester, New York. A community built by immigrants from Central and South America. We are proud to be part of that community.

    We bring more than legal skill to the table. We bring compassion. We take time to listen, not just to the legal facts, but to the human story behind each case. We believe every client deserves respect, honesty and support.

    Whether you’re applying for asylum, facing removal, or seeking a path to permanent residency, we are here to help.

    To Sum It All Up

    The path to asylum can feel like climbing a mountain. It can be very scary and exhausting. But do not worry you do not have to do it solo at all. A caring, skilled asylum lawyer can be your partner, fighting for you with heart and EXPERTISE. Take your time, ask the tough questions and listen to your instincts. When you find the right lawyer it will feel like a weight lifted.

    Want someone who will treat your case like it is their own? Give Genova Law a call. We are here to walk with you every single step. 

  • How Divorce Can Affect the Immigration Process

    Introduction

    The immigration process can become more complicated when divorce is involved. If you or your spouse is seeking a visa or green card, a divorce can seriously affect your immigration status. It’s important to understand how divorce can impact the immigration process. These range from potentially denying your application to revoking your existing visa. We will provide tips for successfully navigating the process and discuss the potential impacts of divorce on immigration. Whether you are preparing for divorce or are currently going through one, read on to learn more.

    Understanding the Immigration Process

    Successfully navigating the immigration process requires understanding its key steps and requirements. Here’s a brief overview to get started:

    1. To determine the appropriate type of visa for your situation. You need to start by identifying the available options, such as family-based, employment-based, and student visas.
    1. After that, you must apply to U.S. Citizenship and Immigration Services (USCIS) for the visa category that suits your needs. During this process, you’ll have to provide extensive documentation, including proof of identity, financial information, and background checks.
    1. Following the review and approval of your application. You’ll attend an interview at a U.S. consulate or embassy in your home country. The interview will focus on your application and reasons for seeking a visa.
    1. If approved, you’ll receive a visa that allows you to enter the U.S. as a non-citizen. Nonetheless, having a visa does not exempt you from some requirements. These requirements include maintaining a certain level of employment or attending school.

    Mitigating the impact of divorce on the immigration process is possible with the right information and support. In the next sections, we’ll discuss the potential impacts of divorce on immigration. We’ll provide tips to navigate the process successfully.

    Related: Adjustment of Status and the K-1 Visa

    Types of Visas That May Be Impacted by Divorce 

    Divorce can significantly impact the immigration process, particularly for individuals seeking family-based or marriage-based visas. Let’s take a closer look at the types of visas that may be affected:

    • Family-based visas are available to individuals with close family members who are U.S. citizens or permanent residents. These visas include immediate relatives (spouses, parents, and unmarried children under 21 years old). It also includes preference relatives (married children, siblings, and adult children).
    • As the name suggests, marriage-based visas are available to individuals married to U.S. citizens or permanent residents. These visas include the K-1 visa [also known as the fiancé(e) visa]. These are for individuals engaged to be married to U.S. citizens. There are also CR-1 and IR-1 visas for spouses of U.S. citizens and permanent residents, respectively.

    In both family-based and marriage-based visa cases, divorce can have significant consequences. For example, suppose you are applying for a family-based visa, and your sponsoring family member divorces you before the visa is approved. In that case, you may lose your eligibility for the visa. 

    Similarly, your application may be denied if you are applying for a marriage-based visa and you divorce your U.S. citizen or permanent resident spouse before the visa is approved. It’s important to understand how divorce can impact your visa application and work with an experienced immigration attorney to mitigate its effects. 

    In the following sections, we’ll discuss the legal and practical considerations of divorce in the context of immigration and provide tips for navigating the process successfully.

    How Can Divorce Affect the Immigration Process?

    Divorce can impact different stages of the immigration process, from the initial visa application to the final approval. Here are some ways that divorce can affect each stage:

    • Application

    Divorce can impact the application stage by affecting the applicant’s eligibility. For example, if an applicant was married to a U.S. citizen or permanent resident but divorced before the application was submitted, they may no longer be eligible for the visa.

    • Interview

    If a divorce occurs before the interview, it can impact the questions asked by the consular officer. Also, If the divorce was recent, the officer might ask questions about the circumstances to determine if the marriage was entered into in good faith.

    • Approval

    If a divorce occurs after the visa has been approved, it can impact the visa status. For example, if an individual is approved for a conditional green card based on their marriage but then divorces before the second anniversary of their entry into the U.S., they may lose their eligibility for permanent residency.

    • Maintenance 

    In addition to these stages, divorce can also impact an individual’s ability to maintain their status in the U.S. For example, suppose an individual is in the U.S. on a marriage-based visa and divorces before they can adjust their status to permanent residency. In that case, they may lose their legal status and be subject to removal proceedings.

    Mitigating the Impact of Divorce on Immigration

    Suppose you are going through a divorce and are concerned about how it may impact your immigration process. In that case, there are several strategies that you and your immigration attorney can employ to mitigate the potential impact. Here are a few examples:

    1. Provide evidence of a bona fide marriage: 

    If you are applying for a family-based or marriage-based visa, providing evidence that your marriage was entered into in good faith can help demonstrate your eligibility for the visa; This may include evidence of joint finances, shared living arrangements, and a history of spending time together.

    2. Demonstrate ongoing ties to the U.S.: 

    If you are already in the U.S. and concerned about maintaining your status after a divorce, demonstrating ongoing ties to the U.S. can be helpful. This may include evidence of employment, community involvement, and family ties.

    3. Explore alternative visa options: 

    If your divorce impacts your eligibility for a particular visa, it may be worth exploring alternative visa options that may be available. For example, suppose you were previously eligible for a family-based visa but are no longer eligible due to a divorce. In that case, you can apply for an employment-based visa.

    4. Work with an experienced immigration attorney: 

    As discussed earlier, working with an experienced immigration attorney is critical when navigating the immigration process. Particularly in cases where divorce may impact an individual’s eligibility for a visa or their ability to maintain their status in the U.S. An attorney can provide guidance and support throughout the process and help develop strategies for mitigating the potential impact of divorce.

    @immigrationlawyer_usa

    Divorce and immigration #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #greencard #immigration #greencardmarriage #fiancevisa #asilo

    ♬ original sound – Gergana Genova

    Tips for Navigating the Immigration Process After Divorce

    Navigating the immigration process after a divorce can be challenging, but there are several tips you can follow to help you stay informed and organized throughout the process. Here are a few examples:

    • Stay informed: It’s important to stay informed about the status of your application and any updates or changes to the immigration process. This may include checking the status of your application online, reading news and updates from USCIS, and attending consultations with your immigration attorney.
    • Gather documentation: To ensure that your application is complete and accurate, it’s important to gather all necessary documentation in advance. This may include birth certificates, marriage certificates, divorce decrees, and other relevant documents.
    • Maintain open communication: If you work with an immigration attorney, it’s important to maintain open and frequent communication; This may include providing updates on any changes or developments related to your divorce and immigration status and responding to requests for information or documentation promptly.
    • Develop a timeline: Developing a timeline for your immigration process can help you stay organized and on track. This may include identifying key deadlines and milestones, such as visa application deadlines or interview dates.
    • Be proactive: Finally, it’s important to be proactive throughout the process. This may include following up with USCIS or your immigration attorney to ensure that your application is progressing as planned and addressing any potential issues or complications as they arise.

    By following these tips and staying informed and organized throughout the immigration process, you can help navigate the impact of divorce and work towards achieving your immigration goals.

    Summary – How Divorce Can Affect the Immigration Process

    Divorce can significantly impact the immigration process, particularly for those applying for family-based or marriage-based visas. It’s important to understand the potential impact of divorce on the immigration process and to work with an experienced immigration attorney to develop a proactive plan for navigating the process. 

    By taking a proactive approach and working with an experienced immigration attorney, you can help mitigate the potential impact of divorce on your immigration process and work towards achieving your immigration goals. Understanding the potential impact of divorce and the need for careful planning and preparation is essential for anyone navigating the immigration process.

    @immigrationlawyer_usa

    Divirce and immigration #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #greencard #immigration #greencardmarriage #fiancevisa #asilo

    ♬ original sound – Gergana Genova

    Do You Need to Talk to an Immigration Attorney About How Divorce Can Affect Your Immigration Process? 

    It is important to work with an experienced immigration attorney to help you navigate the complexities of the immigration process. You can contact us to schedule a consultation by calling 914-481-8822. Our experienced attorney will provide you with legal guidance and answer any questions you may have regarding the impact of divorce on your immigration process.

  • Public Charge Final Rule and How It Affects Immigrants

    On September 9, 2022, the United States DHS published a final rule on ‘public charge,’ which took effect on December 23, 2022. This rule clarifies how DHS will determine inadmissibility on the grounds of being a public charge. 

    The rule restores the historical understanding of this ground of inadmissibility, which refers to the possibility of denying a green card, visa, or admission to the United States to a person who is likely to become a burden on the state by relying on public assistance.

    What Is a Public Charge Rule?

    A“public charge” rule is a ground of inadmissibility. Grounds of inadmissibility are factors that can disqualify an individual from obtaining a green card, visa, or admission to the United States. Immigration officers use this rule to determine if an applicant is likely to rely on government assistance in the future, which would make them a “public charge.” However, only some applicants are subject to this rule, and it only applies to some green card applicants.

    What Is the Test for Public Charge?

    In immigration applications, many noncitizens are not required to undergo a public charge test. However, for those who need to take the test, federal law dictates that immigration officials must consider certain factors to determine whether the individual is likely to become a public charge. These include:

    • Age
    • Family status
    • Health
    • resources
    • Assets, resources, and financial status
    • Education and skills

    For some applicants, an Affidavit of Support (USCIS Form I-864) is also required.

    Under longtime DHS policy and the new DHS final rule on public charge, the only public benefits that immigration officials look at as part of the public charge test are:

    • State, Tribal, territorial, or local cash assistance for income maintenance
    • Supplemental Security Income (SSI)
    • Temporary Assistance for Needy Families (TANF)
    • Institutionalization for long-term care at government expense

    Does the Federal Government Consider Public Benefits as Public Charge?

    The federal government excluded many public benefits and services for healthcare, nutrition, housing, and other specific purposes in the public charge test. These include:

    Some of the excluded benefits excluded from the public charge test are:

    • Medicaid (except for long-term institutionalization), CHIP, Medicare
    • SNAP, WIC, free and reduced school meals
    • COVID-19 Vaccines, testing, and treatment 
    • Home-based or community-based health services
    • special-purpose or supplemental benefits such as child care or utility assistance
    • Public housing and shelter

    Additionally, the latest DHS final rule on public charge makes clear that:

    • The federal government will not consider the benefits the family members other than the applicant (such as a U.S. citizen child) receive in the applicant’s public charge test.
    • The public charge test does not include being in an institution for short-term rehabilitation or criminal conviction.
    • Disability alone is not enough to make someone a public charge.
    • Receiving benefits considered in the public charge test does not automatically classify someone as a public charge.

    Does Public Charge Apply to All Immigrants?

    Many noncitizens are exempt from the public charge test in their immigration applications. According to current law, the new DHS final rule on public charge, and DHS policy, the following groups generally do not have to undergo the public charge inadmissibility test: 

    • People applying for or granted:
      • Asylum
      • Refugee status
      • U or T visas
      • Special Immigrant Juvenile Status (SIJS)
      • VAWA self-petitions
      • U.S. citizenship
    • Individuals seeking to apply for or renew DACA (Deferred Action for Childhood Arrivals) or TPS (Temporary Protected Status)

    Related: Deferred Action for Childhood Arrivals

    Overview of the Public Charge Rule

    The 2019 Public Charge Rule

    In 2019, the government modified the “Public Charge rule” during the Trump administration to make it more difficult for people to obtain green cards and visas. The new rule expanded the definition of dependency on government benefits and added the consideration of the future likelihood of reliance on such benefits. This change resulted in a decrease in the number of people who were eligible for these documents.

    In 2019, two versions of the “Public Charge” regulation were released: one by the Department of Homeland Security (DHS) that applied to green card applicants within the United States and another by the Department of State (DOS) that applied to those outside the United States. Both versions of the rule are no longer in effect. The Biden administration halted the DHS rule on March 9, 2021, and a court order stopped the DOS policy on July 29, 2020. 

    In 2019, DHS created the basis for denying green cards to immigrants in the United States. 

    These include:

    1. Prior use of specific public benefits: 

    The DHS expanded the definition of public charge to include common benefits such as:

    -Food Stamps 

    -Medicaid 

    -Federal housing subsidies

    – Housing assistance

    If a person uses one or more of these benefits for more than 12 months within 36 months, DHS could deny their application for a green card.

    2. Leveraging public charge benefits in the future:

    The DHS included some factors which the immigration department will consider to determine if a person could become a public charge in the future. 

    These include:

    • Age: Applicants are only eligible if they are above 18 (incapable of working), older than 61 (minimum retirement age), or not within any age that affects their ability to work. This was important in determining whether an immigrant would become a public charge in the future.  
    • Health: DHS scrutinizes each applicant to ensure their health will not affect their ability to work.
    • Family size: Having a large family could increase the likelihood of a visa denial.

    3. Education and Skills:

    Applicants need to show that they can obtain and maintain employment. Applicants’ employment history, high school diploma, occupational skills, credentials, and proficiency in English and other languages greatly determine whether they get a visa or a green card.

    4. Financial status:

    In addition to looking at the applicant’s income and assets, the DHS looked at other factors. These factors are credit history, credit score, and financial liabilities. Also, whether the applicant has enough insurance to cover medical costs. 

    Public Charge Rule in 2022 

    The United States government proposed the new public charge rule on February 24, 2022, based mainly on the 1999 public charge rule. It was published as a final rule on September 9, 2022, and became effective on December 23, 2022.

    The Department of Homeland Security (DHS) will not consider an individual’s participation in noncash benefits programs, such as Supplemental Nutrition Assistance Program (SNAP), public housing, or school lunch programs, when determining if the individual is likely to become a public charge. The only exception is if the individual receives long-term institutionalization at government expense.

    Public Charge Final Rule on December 23, 2022: What’s New?

    From December 23, 2022, all applicants for a green card in the U.S. will submit the latest version of Form I-485 (Application for Adjustment of Status).

    The form has undergone some changes, and the government will request new data from applicants: These include:

    1. Attempting to Balance Your Income/Assets with Your Debt

    The new form requires applicants to provide details about their income, assets, and debt amounts. These include home loans (mortgages), vehicle loans, student loans, and commercial/small business loans. While revolving debt like credit cards and subscriptions may be considered less important, it is still recommended to report them if they are significant (over $10,000). 

    2. The Government Will Ask for Information about Your Education, Skills, and Qualifications

    You will need to disclose your highest level of education, professional certifications, and job skills. The government will use this information to assess your employment likelihood and identify potential professions for you.

    3. Public Cash Benefits Collected from the U.S.

    As a non-U.S. citizen or permanent resident, using public benefits, particularly cash benefits provided by the state or federal government, can negatively impact your immigration application. It is important to note that these benefits are often restricted to U.S. citizens or their family members. Additionally, the government may inquire about whether you have been institutionalized at U.S. government expense.

    @immigrationlawyer_usa

    Public charge #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #abogadadeinmigracion #greencard #deportation #immigration #greencardmarriage

    ♬ original sound – Gergana Genova

    What Does This Mean for Immigrants?

    U.S. Citizenship and Immigration Services (USCIS) has included some guidance on what is and is not necessary for the benefit section of the form. 

    According to the new form instructions from the USCIS, you do not need to include additional evidence with your application to support the information you have provided on the form. However, the agency may request further evidence, called a Request For Evidence (RFE), if it requires more documentation to decide on your application. 

    You may be concerned about the potential impact of the public charge final rule on you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney. This will give you the opportunity to discuss your specific circumstances and receive professional guidance on how to proceed.

  • U Visa and T Visa: Requirements, Certifications, Differences 

    Congress passed the Victims of Trafficking and Violence Protection Act (VTVPA) in 2000. This law created two nonimmigrant visas for victims of certain crimes and trafficking: the U visa and the T visa. 

    The U visa is for victims of certain crimes, while the T visa is for victims of human trafficking. These visas allow victims to remain in the United States. Also, they help in investigating or prosecuting the crimes committed against them.

    This law grants temporary status to some individuals in the United States. These people have been victims of severe trafficking or have suffered significant physical or mental abuse due to criminal activity. 

    The legislation aimed to address the trafficking of individuals. These individuals are victims of sexual exploitation, slavery, and forced labor. It also aimed to renew federal programs to prevent violence against immigrant women and children. It offers similar immigrant benefits to those available to refugees, with the added possibility of obtaining permanent resident status.

    Congress established the T and U visas to encourage victims of certain serious crimes, including human trafficking. The law encourages them to work with law enforcement to prosecute criminal offenders. These visas are available to victims of specific crimes. Both the T and U visas encompass human trafficking as a qualifying crime.

    U Visas for Victims of Crime

    The U visa is a nonimmigrant visa available to individuals who have been victims of certain criminal activities. They may have information about such activities. Individuals must undergo fingerprinting for criminal background checks to apply for a U visa. Also, you do not need to participate in an interview with the U.S. Citizenship and Immigration Services (USCIS). 

    Upon approval, applicants are eligible to receive a work permit. Those who get U visa status may be able to adjust to legal permanent resident status. This usually happens three years after receiving the U visa. Derivative visas may also be available to the spouse, children, parents, or in some cases, siblings of the primary applicant. 

    There is a yearly limit of 10,000 U visas, which only applies to primary applicants and not to derivatives. If no visa number is available at the time of application approval, the applicant will be on the waiting list. They will receive temporary immigration status and work authorization until there’s a visa number available.

    Eligibility Requirements for a U Visa

    • The person must be a victim, indirect victim, or qualifying bystander who has experienced significant physical or mental abuse as a result of one of the following qualifying crimes: 

    Rape, trafficking, torture, incest, sexual assault, domestic violence, abusive sexual contact, sexual exploitation, prostitution, female genital mutilation, peonage, involuntary servitude, being held hostage, slave trade, abduction, kidnapping, unlawful criminal restraint, blackmail, false imprisonment, extortion, murder, manslaughter, felonious assault, witness tampering, obstruction of justice, perjury, or an attempt, conspiracy, or solicitation to commit any of these crimes, or similar activities.

    • The person must possess or have possessed information about the criminal activity.
    • Law enforcement must certify that the victim was, is, or is likely to assist in investigating or prosecuting the criminal activity.
    • The criminal activity must have violated U.S. law or occurred in the United States (including Indian country and military installations) or the territories and possessions of the United States.
    • The victim must be admissible to the United States or qualify for a waiver of inadmissibility factors.

    Applying for U Nonimmigrant Status (U Visa)

    To apply for a U visa, submit the following:

    • Form I-918, Petition for U Nonimmigrant Status
    • Form I-918, Supplement B, U Nonimmigrant Status Certification, which must be signed by an authorized official of the certifying law enforcement agency.
    • If any inadmissibility issues are present, you can file Form I-192 to request a waiver for any inadmissibility issue.
    • A personal statement describing the criminal activity of which you were a victim; and 
    • Evidence to establish each of these requirements

    T Visas for Victims of Trafficking

    T visas are for victims of “a serious form of trafficking in persons.” 

    To apply for a T visa, individuals must undergo a criminal background check by fingerprinting. They may need to participate in an interview with an examiner from the United States Citizenship and Immigration Services (USCIS). 

    Upon approval, these applicants are eligible to receive a work permit. After the authorities grant a T visa, individuals may be able to apply for legal permanent resident status. This is usually after three years. Derivative visas are also available to the primary T visa holder’s spouses, children, and parents. It’s important to know that there is a yearly limit of 5,000 T-1 visas. They are available only to primary visa holders. 

    Sometimes there are no available visa numbers at the time of the application’s approval. In that case, the applicant will be on a waiting list. Additionally, they’ll get a temporary immigration status until a visa number becomes available.

    Eligibility Requirements for the T Visa:

    An individual may be eligible for a T visa if:

    • The person is or was a victim of a “severe form of trafficking in persons.” This may include sex or labor trafficking of a person younger than 18 years of age or recruiting a person through force, fraud for the purpose of peonage, involuntary servitude, or slavery.
    • The person is present in the United States, the Commonwealth of the Northern Mariana Islands, American Samoa, or at a U.S. port of entry as a result of trafficking;
    • The victim has shown that they will suffer extreme hardship involving unusual and severe harm if they were removed from the United States.
    • The individual has complied with any reasonable request for assistance in a trafficking investigation or prosecution, is less than 18 years old, or could not comply due to physical or psychological trauma. 

    Applying for T Nonimmigrant Status

    The individual applying must submit the following:

    • Form I-914 and a personal statement describing the trafficking they experienced.
    • Evidence of assistance to a law enforcement agency or proof of qualification for the exemption. Other evidence, such as communication records with law enforcement, police reports, news articles, affidavits, etc., are also admissible.
    • Proof that shows you meet all the requirements
    • Proof that you’re admissible or form I-192 to apply for a waiver.

    Related: 16 Years for U VISA

    Differences between U and T Visa

    T Visa Applicants Must Be Victims of Trafficking

    To be eligible for a T visa, the person must be present in the United States due to human trafficking. This is different from the U visa, where a person could be in the U.S. for any purpose, and offenders subject them to human trafficking or any qualifying crime.

    For a T visa, It s not necessary to show that the person “knew” that they would be in the United States for the purpose of trafficking.

    U Visa Applicants Are Required to Cooperate With Law Enforcement, While T Visa Applicants May Not Cooperate

    Like the U visa, T visa applicants must comply with a reasonable request to cooperate with law enforcement officials handling the human trafficking crime. However, If a person is a minor or unable to cooperate due to physical or psychological trauma, they may not comply.

    U Visa Applicants Must Show Substantial Abuse, While T Visa Applicants Must Show Extreme Hardship If Denied

    U visa applicants must show that they suffered “substantial physical or mental abuse” due to the qualifying crime. Conversely, applicants for a T visa do not necessarily have to provide the document, even though it could be helpful in the investigation. 

    However, T visa applicants must show extreme hardship if they are removed from the U.S. To prove this, they must show medical need, the government of their home country failing to prosecute trafficking offenders, and stigmatization in their home country because they are victims of trafficking.

    Similarities between U and T Visa

    • Both visas are subject to a cap. U visa has an annual limit of 10,000 visas, and T visa has a limit of 5,000 T visas. USCIS continues accepting applications with the limit but will not grant a visa to a successful a[pplicant until visas become available.
    • Both visas permit principal applicants to apply for derivative visas for qualifying family members, and they can all adjust their status to U.S. Permanent Residency status (Green Card status).

    Do You Need to Talk to an Immigration Attorney About How to Get a U visa or a T visa?

    If you need to talk to an immigration attorney, we can help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

    @immigrationlawyer_usa

    U Visa step by step #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #immigrationlaw #immigrationadvice #immigration #immigrationusa #abogados #abogadostiktok #abogadoinmigracion #inmigracion #greencard #greencardlawyer #greencardmarriage #deportation #deportacion #asylum #asilo#uvisa #visa

    ♬ original sound – Gergana Genova – Gergana Genova

  • What are the requirements for a Green Card?

    If you’re like many people, you’d like to get lawful permanent residency in the United States. Lawful permanent residency enables you to live and work anywhere you wish in the U.S. or its territories. When you’re a lawful permanent resident (LPR), you get a green card; that card is proof of your legal residency in the United States, and it gives you many of the same rights and responsibilities that U.S. citizens have. As a green card holder, you may also later apply for U.S. citizenship if you’d like (though it’s never required; you may remain an LPR for the rest of your life if you want to). But what are the requirements for a green card, and what do you need to do to get one? This guide explains.

    Requirements for a Green Card: What You Need to Know

    The U.S. government requires you to meet certain criteria to get a green card, and the criteria vary based on the reason you qualify for lawful permanent residency status. For example, someone who’s married to a U.S. citizen must meet different requirements than, say, an investor who puts money into a U.S.-based business. The best way to determine what criteria you need to meet is to talk to a New York immigration attorney who understands U.S. immigration law and how it applies in your situation.

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    Who’s Eligible for a Green Card?

    Not everyone is eligible for a green card – and you must be eligible before you may apply. Generally, you may only apply for one of the following:

    • Green card through family
    • Green card through employment
    • Green card as a refugee or asylee
    • Green card as a special immigrant, a human trafficking or crime victim, victim of abuse, or registry
    • Green card through other categories

    Here’s a closer look at each.

    Requirements for a Green Card Through Family

    If you want to get a green card through your family relationships, you must be related to a U.S. citizen or LPR in one of the following ways:

    • You’re the spouse of a U.S. citizen or LPR
    • You’re the child of a U.S. citizen, regardless of your age or marital status
    • You’re an unmarried child of an LPR
    • You’re the parent of a U.S. citizen, if the U.S. citizen is over the age of 21
    • You’re the married child of a U.S. citizen
    • You’re the brother or sister of a U.S. citizen

    Requirements for a Green Card Through Employment

    If you want to get a green card through your employment, you must fall into one of the following categories:

    • You have an offer of permanent employment in the United States
    • You’re an investor or entrepreneur who’s going to create jobs in the United States
    • You have extraordinary ability in the sciences, arts or business
    • You’re a religious worker
    • You’re coming to the United States to perform temporary services or labor, if no qualified U.S. workers are available
    • You’re an Iraqi or Afghan national who assisted the U.S. government
    • You’re a broadcaster for an international organization
    • You have been granted a national interest waiver

    Requirements for a Green Card as a Refugee or Asylee

    If you want to get a green card as a refugee or asylee, you must meet the following criteria:

    • You’re currently residing in the United States after having been granted refugee status or asylum
    • You’re a spouse or unmarried child of a refugee or asylee who’s residing in the United States

    Related: Can an undocumented immigrant get legal status?

    Requirements for a Green Card as a Special Immigrant, Human Trafficking Victim, Crime Victim, Victim of Abuse, or Registry

    If you want to get a green card as a special immigrant, as a victim of crime, human trafficking or abuse, or through registry, you must meet specific criteria. The following sections outline the requirements for each.

    Special Immigrants

    Special immigrants are generally:

    • Religious workers
    • Juveniles who need the protection of a juvenile court due to abuse, abandonment or neglect
    • Afghanistan or Iraq nationals who performed certain roles for the U.S. government during wartime
    • International broadcasters
    • Employees of international organizations or family members of NATO-6 employees

    Victims of Crime, Abuse or Human Trafficking

    You must have a T nonimmigrant visa or U nonimmigrant visa to apply for a green card as a victim of human trafficking or crime. If you’re a victim of abuse, you may be eligible to apply as a:

    • Self-petitioner under the Violence Against Women Act (VAWA), but you do not need to be a woman to apply under this category
    • Special immigrant juvenile who has been abused, abandoned or neglected by a parent and has Special Immigrant Juvenile status
    • A victim of battery or extreme cruelty under the Cuban Adjustment Act or the Haitian Refugee Immigrant Fairness Act (HRIFA)

    Registry

    If you’ve continuously resided in the U.S. since before January 1, 1972, you may be eligible to register for a green card.

    Requirements for a Green Card Through Other Categories

    The following table outlines a variety of categories that may enable you to get a green card.

    ConditionsRequirements
    American Indian born in CanadaBorn in Canada Have at least 50 percent American Indian blood Maintain a principal residence in the United States
    Child of a foreign diplomat who was born in the United StatesBorn in the U.S. to a foreign diplomatic officer who was stationed in the United States at the time of your birth
    Cuban Adjustment ActCuban native citizen or spouse or child of a Cuban native or citizen
    Diversity Immigrant Visa ProgramSelected for a diversity visa by the U.S. Department of State during a diversity visa lottery
    Haitian Refugee Immigrant Fairness Act (HRIFA)Spouse or child of a lawful permanent resident who got a green card based on HRIFA
    Indochinese Parole Adjustment Act of 2000Native or citizen of Vietnam, Kampuchea or Laos who was paroled into the United States on or before October 1, 1997 under the Orderly Departure Program, a refugee camp or a displaced person camp in Thailand under certain circumstances
    Lautenberg paroleeParoled into the U.S. as a Lautenberg parolee
    Liberian Refugee Immigration Fairness (LRIF)Liberian national continuously present in the United States since November 20, 2014 or spouse, child under the age of 21, or unmarried son or daughter over the age of 21 of a qualifying Liberian national
    Section 13Stationed in the U.S. as a foreign diplomat or as another high-ranking official who is unable to return to your home country

    What Requirements Do You Need to Meet if You’re Eligible for a Green Card?

    If you’re eligible for a green card, your application process and the documentation you need depend on your situation. For example, a person who has a U nonimmigrant visa must meet different requirements than a person who married a U.S. citizen does.

    Your attorney will give you specific guidance based on your case, but in general, you must meet the following requirements to get a green card in the United States:

    • Have a sponsor (in most cases)
    • Fill out and file the appropriate forms
    • Be admissible to the United States
    • Go to a biometrics appointment to provide your photo, fingerprints and signature to the U.S. government
    • Participate in an immigration interview

    Sponsorship for a Green Card

    Most people need a sponsor to get a green card. A sponsor is usually a family member or employer who agrees to be financially responsible for you. The sponsor must be a U.S. citizen or have permanent resident status. There are some exceptions, such as if you’re a refugee or asylee, a VAWA self-petitioner or a special immigrant juvenile.

    Your sponsor will need to fill out the appropriate paperwork on your behalf.

    Green Card Forms

    The U.S. government uses several forms to allow people to apply for green cards. The form you need depends on your situation, and your immigration attorney will know which ones to file. Your lawyer will also know what type of supporting documentation you need to provide with your application.

    A Word on Admissibility to the United States

    You must be admissible to the United States in order to get a green card. This means that the U.S. government doesn’t find you to be a threat to national security or to other citizens, and you don’t have any health concerns that could harm other citizens and lawful permanent residents.

    Related: Can you get a green card if you have a criminal record?

    Attending a Biometrics Appointment

    A biometrics appointment is a meeting with the U.S. government where you provide your fingerprints, photo and signature. This information is used to run a background check on you to make sure that you’re eligible for a green card. It’s also kept on file with the U.S. government.

    You’ll receive a notice in the mail telling you when and where to go for your biometrics appointment. This appointment is usually scheduled within a few weeks of filing your green card application.

    Participating in an Immigration Interview

    The final step in getting a green card is attending an interview with U.S. Citizenship and Immigration Services (USCIS). An immigration officer will ask you questions about your application, and you’ll have the opportunity to clarify anything that needs to be cleared up to move your application forward.

    Do You Need to Talk to an Immigration Attorney About the Requirements for a Green Card?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • 11 Documents needed to Apply for a Green Card Through Marriage

    If you’re like many people who want to apply for a green card through marriage, you know that U.S. Citizenship and Immigration Services (USCIS) will require you to provide a lot of documentation to back up your application. Though the information the U.S. government needs is pretty standard, USCIS may ask you for additional documentation, as well. This guide explains the 11 essential documents needed to apply for a green card through marriage, as well as some of the other types of proof you may need to provide USCIS.

    11 Essential Documents Needed to Apply for a Green Card Through Marriage

    Though every case is different (and your New York immigration attorney will give you case-specific guidance for your own petition), you typically need the following documents to apply for a green card through marriage:

    1. Birth certificates
    2. Marriage certificate
    3. Proof of termination of prior marriages
    4. Financial documents
    5. Proof of sponsor’s citizenship or LPR status
    6. Proof of lawful entry to the U.S.
    7. Police clearance certificate
    8. U.S. law enforcement and court records
    9. Military records
    10. Current or expired U.S. visas
    11. Medical examination document

    Here’s a closer look at each. You can also refer to the table in the later section, “A Quick Look at Document Types,” to cross-reference the documentation you need to sponsor your spouse for a green card.

    #1. Birth Certificates

    If you’re applying for a green card for your spouse because you’re a U.S. citizen, you need a copy of your own birth certificate. USCIS needs this to prove that you’re a citizen. If you don’t have a coy of your birth certificate, either because it’s unavailable and you can’t access it, other types of documents will suffice, such as a valid U.S. passport. As a naturalized citizen, your passport – or your naturalization certificate or certificate of citizenship – are also acceptable documents to prove that you’re eligible to sponsor your spouse for a green card.

    If you’re a lawful permanent resident of the United States, you need a copy of your green card or a passport issued in another country (as long as it has a stamp of temporary permanent residence in the United States). You can provide either of these documents to show USCIS your status and that you’re eligible to sponsor your spouse.

    Related: How to get your mom or dad a green card

    #2. Your Marriage Certificate

    USCIS needs to see a copy of the official document that proves you’re married. That’s your marriage certificate. If you were married in the United States, the document is from the state in which you got married. If you were married abroad, supply USCIS with an official copy of the foreign marriage certificate that’s been translated into English.

    If your marriage certificate is in a language other than English, you must include a full English translation along with the original document. The translator must certify that the translation is complete and accurate, as well as include their full name, address, and telephone number. They should also provide you with a statement that says they translated the document and know it to be an accurate translation of the original.

    #3. Proof of Termination of Prior Marriages

    If either of you were married before, you must submit evidence that those prior marriages have ended, whether through divorce, annulment, or death. That’s true for both spouses.

    Related: Bringing a foreign fiancé to the U.S.

    #4. Financial Documents

    You need to show USCIS that you (the sponsoring spouse) have enough income or assets to support your spouse once they become a permanent resident. To do this, submit either your most recent federal tax return or evidence of other sources of financial support, like earnings statements or asset documents. If someone else is going to help support your spouse financially (a joint sponsor), they need to provide similar financial documents.

    Joint sponsors can be friends or family members. Your attorney will give you more guidance on joint sponsorship if it’s necessary in your case.

    #5. Proof of Sponsor’s Citizenship or LPR Status

    The U.S. citizen or lawful permanent resident spouse must provide USCIS with evidence of their status, using one of the following documents:

    • A valid U.S. passport
    • A birth certificate (if born in the United States)
    • A naturalization certificate or certificate of citizenship
    • A permanent resident card (also known as a “green card”)

    If you’re a U.S. citizen, you need to show USCIS your birth certificate or passport. If you’re a lawful permanent resident, provide your green card. If you recently became a naturalized citizen or permanent resident, supply the relevant certificate instead.

    #6. Proof of Lawful Entry to the U.S.

    If your spouse is in the U.S. at the time you apply, you must show USCIS that they entered the United States legally, with a valid visa (if required) or other travel document. The easiest way to do this is to include a copy of the appropriate page from their passport, which shows the date and port of entry into the United States, as well as their visa classification. Other acceptable documents include:

    • A transportation letter
    • Form I-94, Arrival/Departure Record
    • A reentry permit
    • An advance parole document

    If your spouse entered the U.S. without a visa (for example, on a visa waiver program), you must show USCIS other documentation, like a passport stamped with the date and place of entry into the United States.

    Related: What it means to sponsor an immigrant

    #7. Police Clearance Certificate

    Your spouse must provide USCIS with a police clearance certificate from every country they lived in for more than six months since turning 16 years old, even if it was just one day over six months. The police clearance certificate is sometimes called a good conduct or moral character report. It’s basically a document that says your spouse doesn’t have any criminal convictions in the country where they got the certificate.

    Note: If your spouse has ever been arrested, even if they weren’t convicted of anything, they should still include a police clearance certificate from that country in their application packet.

    #8. U.S. Law Enforcement and Court Records

    If your spouse has ever been arrested by any U.S. law enforcement agency, they need to include a certified copy of the arrest record in their application packet, as well as any available court records. This is true even if the charges were later dropped or they were found not guilty. The court records should include the final disposition of the case.

    #9. Military Records

    If the sponsor or the spouse has ever served in any military force (including the Coast Guard, National Guard or a reserve component), USCIS needs copies of their military service records. That’s true whether the military force was in the United States or in another country. Acceptable documents include discharge documents and other service records; just keep in mind that if the records are in a language other than English, you must have them translated and certified.

    #10. Current or Expired U.S. Visas

    If your spouse has ever been to the United States on a nonimmigrant visa, they need to include a copy of that visa in their application packet, even if it’s expired. The same is true for any other U.S. visas they may have had, like a student visa or work visa.

    Related: How to remove conditions from your green card

    #11. Medical Examination Document

    The foreign spouse typically needs a medical examination as part of the green card application process. You can bring Form I-693, Report of Medical Examination and Vaccination Record, to a physician who’s authorized to perform these exams. (Check out USCIS’s list of authorized doctors here.)

    Other Documents You May Need to Prove a Bona Fide Marriage

    In addition to the documents listed above, your attorney may advise you to provide USCIS with additional evidence that your marriage is bona fide. This could include things like:

    • Evidence of joint ownership of property
    • Birth certificates of children born to you and your spouse
    • Lease or mortgage agreements in both of your names
    • Financial records showing joint ownership of bank accounts, credit cards, etc.
    • Insurance policies naming your spouse as a beneficiary

    Remember, USCIS may ask for additional evidence at any time during the application process. If you’re ever unsure about what to include in your application packet, it’s always best to discuss your situation with your immigration attorney. She’ll give you the guidance you need to file your petition and get the best possible outcome.

    Related: Is it possible for undocumented immigrants to get legal status in the U.S.?

    A Quick Look at Document Types

    Document Type When it’s Required Examples
    Proof of U.S. citizenship When the sponsoring spouse is a U.S. citizen U.S. birth certificate Naturalization certificate Certificate of citizenship Valid U.S. passport Report of birth abroad
    Proof of lawful permanent resident (LPR) status When the sponsoring spouse is a permanent resident with a green card Green card Passport issued in another country, if it has a stamp denoting temporary permanent residence in the United States
    Proof of marriage When you submit any application for a green card through marriage Marriage certificate Joint financial documents
    Proof of change in prior marital status When either party was previously divorced or had a marriage annulled, or when a former spouse died Divorce papers Death certificate of former spouse Certificate of annulment The equivalent of any of these documents from the party’s home country
    Proof of the foreign spouse’s nationality When you submit any application for a green card through marriage Birth certificate Passport
    Proof of lawful entry to the U.S. When the foreign spouse is located in the United States at the time of application U.S. visa I094 travel record
    Law enforcement and judicial records When the foreign spouse or sponsoring spouse has had interactions with the legal system or U.S. immigration in the past; note that you always need a police clearance certificate or equivalent document for the foreign spouse Court records Police records Prison records Deportation documents A police clearance certificate
    Proof of military service When one spouse served in the military, regardless of country DD-214 or equivalent discharge document, such as NGB-22 (if the servicemember has been discharged from the U.S. military) Current military service records from the servicemember’s Official Military Personnel File (OMPF) if the servicemember is still serving in the U.S. military Other military service records that establish service Military service records from a country other than the U.S.
    Proof of financial ability to support a spouse When you apply for a green card through marriage The U.S. citizen’s or lawful permanent resident’s most recent federal income tax return; you may wish to supply the past three years’ tax returns, pay stubs from the past six months, and a letter from your employer verifying your employment Ownership documents for stocks, bonds or other investments Bank statements The title to your home Documents that prove you have other assets

    Do You Need to Talk to an Immigration Attorney About Applying for a Green Card Through Marriage?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • The Ultimate Green Card Checklist

    When you apply for a green card in the United States, you need several documents that prove you’re eligible for permanent residency. Your attorney will go through your documents and send them to U.S. Citizenship and Immigration Services (USCIS) with your petition. But what documents do you need? This guide contains a green card checklist you can use to make sure you have all the supporting documentation USCIS needs to review and approve your petition.

    The Ultimate Green Card Checklist

    The reason you’re eligible for a green card (such as whether you’re an immigrant investor or you’ve married a U.S. citizen or lawful permanent resident) will determine the documents you need to provide with your petition. There are different forms for different situations, but the most common are:

    • Form I-130 for family immigration
    • Form I-140 for alien workers
    • Form I-360 for Amerasians, widowers and special immigrants
    • Form I-526 for alien entrepreneurs
    • Form I-589 for people in removal proceedings
    • Form I-730 for refugees and asylees
    • Form I-918 for people with U nonimmigrant status

    The following sections give you a green card checklist for each petition type.

    Green Card Checklist for Form I-130

    If you’re a U.S. citizen or lawful permanent resident (green card-holder) petitioning on a family member’s behalf, these are the documents you need to provide USCIS:

    • Evidence of your citizenship (such as a copy of your birth certificate, your naturalization or citizenship certificate, or your unexpired U.S. passport)
    • Evidence of your relationship with your family member (such as a birth certificate or marriage document)
    • Evidence of a bona fide marriage (if you’re applying for a green card for your spouse)

    Related: How to help your parents get green cards in the U.S.

    A Note on Marriage Green Cards

    You’ll likely need to provide a significant amount of evidence that you’re in a genuine marriage – that is, you didn’t simply marry your spouse so they could receive an immigration benefit. Your New York immigration attorney will give you more specific guidance, but generally, USCIS likes to see evidence such as:

    • Joint ownership of property
    • Bank accounts in both your names
    • Leases or mortgage documents in both your names
    • Birth certificates for any children you have together
    • Evidence that you and your spouse have traveled together (plane tickets, hotel receipts and other documentation)

    Green Card Checklist for Form I-140

    If you’re an employer petitioning on behalf of an alien worker, you need to provide USCIS with:

    • A copy of the alien worker’s passport
    • A copy of the alien worker’s birth certificate
    • A copy of the alien worker’s resume or curriculum vitae
    • Evidence of the alien worker’s education and qualifications (such as diplomas, transcripts, licenses or certification)
    • Evidence of the alien worker’s past work experience (such as performance evaluations, letters from previous employers or pay stubs)
    • A copy of the alien worker’s Form I-94, if available
    • A copy of the alien worker’s visa, if available

    Related: What it means to sponsor someone for a green card

    Green Card Checklist for Form I-360

    If you’re an Amerasian, a widow(er), or a special immigrant petitioning for your own green card, you need to provide USCIS with:

    • A copy of your passport
    • A copy of your birth certificate
    • A copy of your marriage certificate, if applicable
    • A copy of your divorce decree or your spouse’s death certificate, if applicable
    • Evidence of your military service, if applicable
    • Evidence of your employment, if applicable

    Green Card Checklist for Form I-526

    If you’re an alien entrepreneur investing in a new commercial enterprise in the United States, you may petition for your own green card using Form I-526. In that case, you need to provide USCIS with:

    • A copy of your passport
    • A copy of your birth certificate
    • A copy of your resume or curriculum vitae
    • Evidence of your education and qualifications (such as diplomas, transcripts, licenses or certification)
    • A business plan for the new enterprise
    • Evidence of your financial backing for the new enterprise (such as bank statements or investment documentation)

    Green Card Checklist for Form I-589

    If you’re in removal proceedings, your attorney may suggest that you apply for asylum or withholding of removal. In a situation like this, your attorney will give you a specific list of documents to provide; in general, you need to provide USCIS with:

    • A copy of your passport
    • A copy of your birth certificate
    • A copy of your marriage certificate, if applicable
    • A copy of your divorce decree or your spouse’s death certificate, if applicable
    • Evidence of any persecution you have suffered in the past (such as police reports, medical records or news articles)
    • Evidence of any fear of persecution you have in the future (such as expert opinions or letters from friends and family)

    Related: Asylum and other immigration removal defense strategies

    Green Card Checklist for Form I-918

    If you have been granted U nonimmigrant status, you may be eligible to adjust your status to that of a permanent resident. To do so, you need to provide USCIS with:

    • A copy of your passport
    • A copy of your birth certificate
    • A copy of your Form I-94
    • A copy of your Form I-797, Notice of Action
    • Evidence of your continued presence in the United States (such as pay stubs, school records or utility bills)
    • Evidence of your good moral character (such as letters from friends, family or community leaders)

    Note that these are not exhaustive lists of all the documents you may need to provide. Make sure to consult with an immigration attorney to see what other documents may be required in your specific case.

    What Happens if You Don’t Include Enough Evidence With Your Green Card Petition?

    If you don’t include enough evidence with your green card petition, USCIS may deny your application outright. In other cases, USCIS may issue what’s called a request for evidence (RFE). An RFE is a formal request from USCIS asking you to provide additional information or documentation to support your case.

    It’s important to respond to an RFE promptly and completely; if you don’t, USCIS may deny your application. If you’re unsure of how to respond to an RFE, or if you have any other questions about the green card process, your immigration attorney will be there to help you. In fact, your lawyer will be the one who formally responds to your RFE on your behalf; it’s just up to you to find and provide the appropriate documentation.

    How Long Does it Take to Get a Green Card?

    The time it takes to get a green card varies depending on the specific category you fall into and whether you provide all the documentation USCIS needs on the first try. For example, if you’re petitioning for a family member, the process may take anywhere from several months to several years. If you’re an entrepreneur investing in a new commercial enterprise, the process may take a few months to a year. And if you’re in removal proceedings, the timeline is generally very fluid; it may happen quickly, or it may not.

    It’s important to keep in mind that these timelines are just estimates; your specific case may take longer or shorter depending on a number of factors. For example, if you have a criminal history or if you’re from a country with a high rate of visa overstays, your case may take longer to adjudicate. The best way to get an accurate timeline for your specific case is to consult with an experienced immigration attorney. Your lawyer will be able to give you a more accurate estimate based on the specifics of your situation. You and your attorney can check the status of your case on the USCIS website.

    Related: Step-by-step instructions for removing conditions on your green card

    What Are the Benefits of Applying for a Green Card?

    Although it seems like a lengthy process – and although you must provide a significant amount of documentation to USCIS when you apply – many people find that the benefits of getting a green card are worth it. For one, a green card gives you the ability to live and work permanently in the United States. You’ll also have access to government benefits, such as Social Security and Medicare, and you’ll be able to apply for U.S. citizenship after five years (or three years if you’re married to a U.S. citizen).

    In addition, as a green card holder, you’ll be able to travel freely in and out of the United States. You won’t need to get a visa every time you want to visit; instead, you’ll be able to use your green card as proof of your status.

    All in all, although the process of applying for a green card can be long and complicated, many people find that the benefits are well worth the effort. If you’re thinking about applying for a green card, your immigration attorney will help you through the process.

    Do You Need to Talk to an Immigration Attorney About Your Own Green Card Checklist?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • 10 Common Reasons for Green Card denial in the U.S.

    The U.S. government receives tens of thousands of green card petitions every year, and it doesn’t approve them all. In fact, U.S. Citizenship and Immigration Services (USCIS) denies a significant number of green card petitions. There are several reasons USCIS denies green cards, ranging from errors in paperwork to applicants’ criminal histories. This guide explains the ten most common reasons for green card denial in the U.S., as well as what you can do if the government turns down your green card application.

    The 10 Most Common Reasons for Green Card Denial in the U.S.

    Although USCIS may deny a green card petition for any number of reasons, the most common include:

    1. Failure to meet application requirements
    2. Criminal history
    3. Health issues
    4. Security concerns
    5. Missed immigration appointments
    6. Denial of your visa petition
    7. Past violations of immigration law
    8. Errors in paperwork
    9. Failure to respond to an RFE in time
    10. The conditions that made you eligible for a green card no longer exist

    The following sections give you a closer look at each.

    Reason #1 for Green Card Denial: Failure to Meet Application Requirements

    When you apply for a green card, you must meet application requirements. Sometimes, the requirements vary based on the reason you’re eligible for a green card. For example, if you’re eligible for a green card because you’re an immigrant investor participating in the EB-5 program, you must show that you have enough capital to invest in a U.S.-based business; if you’re eligible for a green card because you’re married to a U.S. citizen, you’re required to submit proof of your qualifying relationship with your application. If you fail to provide the documents you need to prove that you meet application requirements, USCIS will deny your green card application.

    Your immigration attorney can help ensure that you meet application requirements before submitting a green card petition on your behalf. There’s no use applying if you don’t meet the requirements, so your lawyer will double-check the requirements for your situation; if you don’t meet them, you can discuss your options.

    Reason #2 for Green Card Denial: Criminal History

    If you have a criminal history, USCIS will carefully review your green card application to determine whether you’re eligible. Your eligibility depends on the severity and nature of your past offenses. For example, if you have been convicted of a “crime of moral turpitude” or an aggravated felony, you may be ineligible for a green card and USCIS will generally deny your petition. But don’t lose heart just yet: You may be able to overcome ineligibility for a green card due to your criminal history by applying for a waiver. Though waivers aren’t available in every situation, your immigration attorney will determine whether one may be available to you. If you’re eligible for a waiver, your lawyer will talk to you about how you can use it to submit a new green card petition.

    Related: Can you get a green card with a criminal record?

    Reason #3 for Green Card Denial: Health Issues

    If you have certain health conditions, USCIS may deny your green card application. The conditions that would lead to a green card denial vary depending on the program under which you’re applying, but they generally fall into two categories: communicable diseases and mental health conditions. If USCIS believes that you have a communicable disease that could endanger public health, it may deny your application. The same is true if you have a mental health condition that USCIS believes makes you ineligible for a green card. (These conditions typically include disorders that create behavior that’s harmful to other people’s safety or public welfare.)

    Reason #4 for Green Card Denial: Security Concerns

    USCIS may also deny your green card application if it believes you pose a risk to national security. These concerns typically arise when an applicant has ties to terrorist organizations or other groups that USCIS considers a threat to national security. But even if you don’t have ties to such groups, USCIS may still deny your green card application if it believes that you pose a danger to the community. If you have a history of engaging in espionage, sabotage, coups or something similar, or if you’ve been convicted of violating certain U.S. laws related to trade, technology or other crimes, you may be in line for a green card denial.

    Related: Everything you need to know about the U.S. citizenship test

    Reason #5 for Green Card Denial: Missed Immigration Appointments

    When you apply for a green card, you need to attend several appointments with USCIS. These appointments include an interview, a medical examination and possibly biometrics (such as fingerprints and photographs). If you fail to show up for any of these appointments, USCIS may deny your application. The agency can’t process your green card without sufficient information, which it generally gathers through these appointments. If you don’t show up and don’t reschedule, USCIS will reject your green card petition.

    Reason #6 for Green Card Denial: Denial of Your Visa Petition

    USCIS will deny your green card application if it denies the visa petition that you submitted along with it. For example, if you’re applying for a green card as an employment-based immigrant, USCIS will need to approve both your I-140 visa petition (submitted by your employer) and your I-485 green card application. If USCIS denies the visa that would have made you eligible for a green card, it will deny your green card application.

    Related: Removal defense strategies attorneys can use in deportation cases

    Reason #7 for Green Card Denial: Past Violations of Immigration Law

    If you’ve violated U.S. immigration law in the past, USCIS may deny your green card application. Violations may include things like overstaying a visa, working without authorization or being deported from the United States. If you have any past violations on your record, speak to an experienced immigration attorney before you apply for a green card. Your lawyer can help you understand whether your past actions will lead to a green card denial; if things don’t look like they’ll work out in your favor, your attorney can help you plan your next steps. You may be eligible for a waiver or some other form of relief, or you may need to wait to apply for your green card.

    Reason #8 for Green Card Denial: Errors in Paperwork

    USCIS denies many green card applications because of errors in the paperwork. This can include things like incorrect dates, misspellings, missing signatures and discrepancies between documents. If USCIS finds even a small error in your paperwork, it may deny your application and ask you to resubmit it with the correct information. That’s why it’s so important to have an experienced immigration attorney prepare your green card application for you. An attorney can make sure everything is in order before USCIS even gets eyes on your petition.

    Related: How to help your parents get green cards

    Reason #9 for Green Card Denial: Failure to Respond to an RFE in Time

    If USCIS needs more information from you during the green card application process, it will send you a request for evidence (RFE). An RFE is a formal notice that asks you to provide additional documentation or information so that USCIS can make a decision on your application. You have a specific amount of time to respond to the RFE; if you don’t, USCIS will deny your green card petition because you failed to provide the information the agency needs. And just so you know: It’s often okay to ask for an extension if you need more time on an RFE. Your attorney can coordinate with USCIS to ensure that the agency gets the information it needs, even if you can’t gather the info immediately.

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    Reason #10 for Green Card Denial: The Conditions That Made You Eligible for a Green Card No Longer Exist

    There are many ways a person can qualify for a green card. For example, you might be eligible for a green card through your family, your job or your refugee status. But in some cases, the conditions that made you eligible for a green card in the first place can change. If that happens, USCIS may deny your green card application. For example, if you apply for a green card based on your marriage to a U.S. citizen but you divorce your spouse, USCIS may deny your green card application because you are no longer married to a U.S. citizen. (However, in some cases, you may still be eligible to apply for a green card – even if the original conditions that made you eligible for a green card no longer exist. You should talk to an immigration attorney if you’re in a situation like this.)

    What Happens if You Receive a Green Card Denial?

    If USCIS denies your green card petition, you will receive a written notice that explains the reason for the denial. The notice will also tell you what you can do if you disagree with the decision. In some cases, you may be able to appeal the denial or submit a new application.

    You may need to leave the U.S. if USCIS denies your green card petition. Because you could be subject to removal proceedings, it’s probably in your best interest to talk to an attorney after a green card denial – especially if you wish to remain in the United States.

    Do You Need to Talk to an Immigration Attorney About a Green Card Denial?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • What Happens During a Marriage Green Card Interview?

    If you marry a U.S. citizen or lawful permanent resident, you become eligible for a marriage-based green card. Your green card is proof that you’re eligible to live and work anywhere you’d like in the United States. However, the U.S. government won’t automatically grant you lawful permanent residency; you have to apply for it. Part of applying for your own marriage-based green card is participating in a green card interview, which this guide explains.

    What is a Marriage-Based Green Card?

    A marriage-based green card is an authorization that enables you to live and work anywhere in the United States, and you’re eligible to apply for one if you marry a U.S. citizen or lawful permanent resident. This type of green card comes with conditions attached (it’s called a conditional green card), and it’s valid for only two years. You must petition the U.S. government to remove the conditions before your conditional green card expires; if the government removes the conditions, you get a permanent green card that doesn’t expire for ten years.

    Note: Keeping your green card is usually conditional on remaining married to the same person for at least two years. However, you may be eligible to remove conditions if you’re no longer married – but only under certain circumstances.

    You must participate in a marriage green card interview to get conditional residence (and your conditional green card) in the United States.

    The Marriage Green Card Interview: What to Expect

    You’ll be interviewed by a USCIS official or consular officer who will attempt to determine whether your marriage is genuine or you married each other so that one of you could obtain an immigration benefit. Your interviewer will ask you several questions to gauge the state of your marriage; these questions are designed so that people who are in a genuine marriage will be able to answer them accurately, but those who are married only for an immigration benefit will likely stumble. (See the later section, “Types of Questions You May Be Asked During Your Marriage Green Card Interview,” for more information on what the official may ask you and your spouse.)

    Who Conducts the Marriage Green Card Interview?

    The marriage green card interview is conducted by a U.S. Citizenship and Immigration Services (USCIS) official or a consular officer from the U.S. Department of State – depending on whether you live in the United States or abroad when you apply for your marriage-based green card.

    If you live in the United States when you apply, your marriage green card interview will likely take place at a USCIS field office near you. If you live outside of the United States when you apply for your marriage-based green card, your marriage green card interview will take place at a U.S. consulate or embassy in your home country.

    Related: What does it mean to sponsor someone for a green card?

    Interviewing With Your Spouse

    If you and your spouse live together in the United States, you’ll attend your marriage green card interview together. If your spouse lives in the U.S. and you still live abroad, you’ll attend your interview alone, without your spouse.

    When you and your spouse interview together, the USCIS immigration official interviewing you will ask you and your spouse many of the same questions. In some cases, the USCIS official will ask each of you different questions to gauge whether or not you know each other well enough to be in a genuine marriage.

    The marriage green card interview is not a pass-or-fail test; instead, it’s an opportunity for the USCIS official conducting the interview to get to determine whether you and your spouse are engaged in marriage-based immigration fraud.

    You can help yourself by preparing for the interview as much as possible (see the later section, “How to Prepare for Your Marriage Green Card Interview,” for more information).

    The marriage green card interview is usually the last step in the marriage-based green card process. After the interview, if the USCIS official is satisfied that your marriage is genuine, you’ll be granted a conditional green card. If the official isn’t satisfied that your marriage is genuine, your application will likely be denied and you may face removal proceedings (deportation).

    Related: How to bring your foreign fiancé to the United States

    What Happens if the Interviewing Officer Thinks You’re Lying?

    If the USCIS official or consular officer who is interviewing you believes that you or your spouse are not telling the truth – for example, if it seems like you don’t know each other well enough to be in a genuine marriage – you and your spouse may be separated and asked more questions individually. Sometimes couples are interviewed by the same official, but one at a time; in other cases, couples are interviewed by two different officials.

    These separate interviews are called Stokes interviews (they’re named after a court case against the former Immigration and Naturalization Service; the case established rights for couples being interviewed by the U.S. government). Usually, immigration officials use Stokes interviews when:

    • There are circumstances that make the interviewer believe you’re in a fraudulent marriage, such as a huge age gap between you, different addresses showing up for you online, or answers to questions that seem suspicious
    • There’s potentially adverse evidence against you
    • The official has discovered new information that they believe needs to be investigated further

    Types of Questions You May Be Asked During Your Marriage Green Card Interview

    The USCIS official or consular officer who interviews you will ask you and your spouse questions about each other and your marriage. They may also ask questions about your history, such as:

    • How did you meet each other?
    • When did you start dating?
    • What are your favorite activities together?
    • Do you have any children together? If so, what are their names and ages?
    • Do you own any property together? If so, what is it and where is it located?
    • What are your spouse’s parents’ names?
    • Who pays the bills in your household?
    • Which side of the bed do you sleep on?
    • What’s your morning routine like?
    • Where was your first date?
    • Who proposed, and how did they do it?
    • What kind of wedding did you have?
    • Do you have any pets? If so, what are their names and breeds?
    • How do your children get to school?
    • What are your kids’ favorite foods?
    • What kind of pajamas do you wear?
    • What medications does your spouse take?
    • What do you do to celebrate birthdays in your home?

    The questions asked during a marriage green card interview vary from case to case, but they all relate back to the same thing: proving that your marriage is genuine. The questions may seem personal, but remember that the interviewer is just trying to become familiar with your situation and determine whether you’re involved in immigration fraud against the U.S. government.

    How to Prepare for Your Marriage Green Card Interview

    The best way to prepare for your marriage green card interview is to review your marriage-based green card application (Form I-485) and supporting documents, and make sure that you and your spouse are on the same page about the information you submitted. If there are any discrepancies in your application, be prepared to explain them during the interview.

    You should also take some time to familiarize yourself with questions that are commonly asked during marriage green card interviews. Though you won’t know exactly what questions will be asked in your case, preparing in advance will help you feel more confident and reduce the chances of getting caught off-guard by a question.

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    Common Questions About Marriage Green Card Interviews

    Check out these common questions about marriage green card interviews. If you don’t see the answer to your question here, please feel free to schedule a consultation with our office by calling 914-481-8822.

    How Long Does the Interview Take?

    The interview itself usually only lasts about 20 to 30 minutes. However, you should expect to be at the USCIS office or consulate for several hours, as there may be a wait before your interview is scheduled.

    Related: Can you help your parents get U.S. green cards?

    Can I Present Evidence During My Interview?

    Yes, you can present evidence during your marriage green card interview. This may include photos, receipts, emails, text messages, social media messages, and anything else that can help prove that your marriage is genuine. It’s a good idea to bring copies of these documents, as well as the originals, in case the USCIS officer or consular officer wants to keep a copy for their records.

    What Should I Wear to a Marriage Green Card Interview?

    You should dress conservatively for your marriage green card interview. Wear something that’s appropriate business environment. Both you and your spouse should avoid wearing casual clothes, such as jeans or T-shirts.

    Is There Anything I Shouldn’t Say During My Interview?

    You should never lie, exaggerate or stretch the truth during your marriage green card interview. It’s absolutely essential that you tell the truth; if you fail to do so, you could be denied a green card and ordered removed from the United States.

    Related: The most common removal defense strategies

    Do You Need to Talk to an Immigration Attorney About a Marriage Green Card?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.

  • How to Help Your Parents Get Green Cards

    There are several ways for people to get a green card, but one of the most common is through family immigration – and if you’re a U.S. citizen over the age of 21 with foreign national parents, you may be able to help them gain lawful permanent residency in the United States. This guide explains the process step-by-step so that you can better understand what’s involved in helping your parents obtain legal residency in the United States.

    How to Help Your Parents Get Green Cards

    Many people choose to work with a New York family immigration attorney to help their non-U.S. citizen parents get green cards. That’s because the paperwork can be confusing, and even a minor error can cause U.S. Citizenship and Immigration Services (USCIS) to kick back your petition.

    Who Qualifies to Sponsor Their Parents for Green Cards in the United States?

    The first step is to understand who qualifies to sponsor their parents for green cards in the United States. Generally, sponsoring a parent for a green card requires that the child is:

    • At least 21 years old
    • A U.S. citizen or lawful permanent resident
    • Present and has lived in the United States for at least one continuous year prior to sponsoring their parent
    • Able to show that they can financially support their parents

    Related: Family immigration information

    What is an Affidavit of Support?

    You must show USCIS that you have enough income and assets to support your parents if they’re permitted to come to the United States. You do this by filling out and filing Form I-864, commonly known as an Affidavit of Support. An Affidavit of support is a legally binding contract, and it says that if your parents need you to, you’ll be able to provide for them. This contract between you and the U.S. government helps prevent your parents from being forced to rely on certain public assistance programs.

    You don’t have to vow to support your parents forever, though. Your obligation ends if one of the following things happens:

    • Your parents become U.S. citizens
    • Your parents no longer have lawful permanent resident status
    • Your parents leave the United States permanently
    • Your parents pass away
    • You, the sponsor, pass away

    If you can’t show that you have enough income to support your parents, you may be able to get help from another family member or friend. This person also needs to sign an Affidavit of Support; in this case, the government considers you and your friend or family member to be joint sponsors.

    Note: Your joint sponsor does not have to be related to you or your parents.

    Related: How to remove conditions from a green card

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    What Form Do You Need to File With USCIS to Get Green Cards for Your Parents?

    To sponsor your parents for a green card, you’ll need to file Form I-130 with USCIS. This is known as a Petition for Alien Relative. The form asks for basic information about you, your parents and your relationship. You’ll also need to include supporting documentation, such as your birth certificate or passport to show that you’re a U.S. citizen, as well as evidence of your parents’ foreign citizenship.

    If you’re adopted, you may still be able to sponsor your parents for a green card, but the process is different. You’ll need to include evidence of the legal adoption with your Form I-130.

    The following table outlines which forms and documentation you must submit to USCIS to sponsor your parents for a green card based on several common circumstances.

    Do You Need Separate Form I-130s for Each of Your Parents?

    If your parents live together, you can include both of their names on a single I-130 form. If they don’t live together, you’ll need to file a separate form for each parent.

    Do Parents of U.S. Citizens Have to Wait for a Visa to Become Available?

    If you’re a U.S. citizen, there’s no waiting period for a visa to become available for your parents. They’ll be able to apply for a green card as soon as USCIS approves your I-130 petition.

    What Happens After You File an I-130 for Your Parents?

    After you file Form I-130, USCIS will review your application to make sure it’s complete and accurate. They may contact you if they need additional information or clarification about anything in your application.

    Related: What’s immigration fraud (and what are its consequences)?

    Why Does It Matter Where Your Parents Live?

    If your parents live in the United States, they can apply for a green card through a process called adjustment of status. The advantage of this process is that your parents can remain in the United States while their green card application is processing.

    If your parents live outside the United States, they’ll need to go through consular processing to get their green cards. This means that they’ll need to complete an interview at a U.S. embassy or consulate in their home country.

    What Happens at a Green Card Interview?

    The green card interview is the last step in the green card application process. It’s an opportunity for a USCIS officer (or, if your parents are outside of the U.S., a consular officer) to ask you and your parents questions about your relationship and your parents’ eligibility for a green card.

    The interviewer will also review all of the documentation you’ve submitted to make sure that it’s complete and accurate. After the interview, if they’re approved for a green card, they’ll be notified to pick up their green cards at the embassy or consulate.

    Related: Is it possible for an undocumented immigrant to get lawful permanent resident status in the U.S.?

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    FAQ on Sponsoring Your Parents for U.S. Green Cards

    Check out these common questions about sponsoring your parents for U.S. green cards. If you don’t see the answer to your question here, please feel free to call our office and schedule a consultation with an experienced immigration attorney.

    Can My Parents Work in the U.S. if I Sponsor Them for Green Cards?

    If your parents are granted green cards, they’ll be able to work anywhere they’d like in the United States. In fact, they don’t need to apply for work authorization at all; they’ll receive a stamp in their passports upon their arrival that authorizes them to work until they receive their permanent resident cards.

    Can Your Parents Bring Your Siblings to the U.S. With Them?

    Even if your siblings are minors, you can’t typically include them on your parents’ green card application. However, you can file separate Form I-130s for each of your siblings.

    If your siblings are adults, you may still be able to sponsor them for lawful permanent residency in the United States. You may wish to talk to a New York immigration attorney about your options, which may include petitioning the government for family preference visas for them.

    Related: Can you get a green card if you have a criminal record?

    What Happens if USCIS Denies Your Green Card Petition for Your Parents?

    If USCIS denies your parents’ green card application, you’ll be notified in writing of the decision. The letter will state the reason for the denial, and it will explain your right to appeal the decision. You may be able to appeal or, in some cases, file a new petition.

    Can I Sponsor My Parents if I’m Under 21?

    Generally, you must be 21 years of age or older to sponsor your parents for a green card.

    Can I Sponsor My Parents for Green Cards if They’re Divorced?

    If your parents are divorced, you may still be able to sponsor them for green cards. You’ll need to include evidence of your relationship with each parent, as well as sign an Affidavit of Support showing that you have the means to support them if necessary.

    How Long Does it Take for USCIS to Review a Green Card Petition for a U.S. Citizen’s Parents?

    The length of time it takes for USCIS to process your parents’ green card petitions can vary depending on the backlog of cases USCIS is currently processing. However, you can typically expect it to take at least several months for USCIS to review and approve them.

    What Are the Chances of My Parents Getting a Green Card?

    The chances of your parents getting a green card depend on a variety of factors, including their relationship to you, their country of origin, and whether they have any criminal convictions. The best way to help your parents get green cards is to ensure that they meet all qualification requirements before applying; from there, your best bet is to ensure your application is as complete as possible.

    That’s why many people choose to work with an attorney to sponsor their parents. Working with an attorney doesn’t guarantee a certain outcome, but it does help ensure that your paperwork is filed properly and on time. Working with an attorney also gives you access to a legal professional who understands U.S. immigration law and can answer all your questions throughout the process (as well as help you file an appeal if necessary).

    Do You Need to Talk to an Immigration Attorney About Sponsoring Your Parents for Green Cards?

    If you need to talk to an immigration attorney, we may be able to help you. Call our office at 914-481-8822 to schedule a consultation with an experienced, knowledgeable immigration attorney who can answer your questions and give you the legal advice you need.