Each year, 10,000 U nonimmigrant visas are available to victims of crime who suffered substantial mental or physical abuse and are willing to help law enforcement in the investigation and prosecution of the crime. For the past four years, including fiscal year 2013, the statutory limit was reached.
The USCIS issued new guidance on same-sex marriage last July 26 which answers frequently asked questions on filing of petitions, applying for immigration benefits, reopening previously denied petitions, changes in eligibility, residency requirements for naturalization and inadmissibility waivers.
A foreign national with an approved employment-based immigrant petition whose priority date is current may apply for an immigrant visa through consular processing abroad or apply for adjustment of status if applicant is already in the U.S. Adjustment of status is the more preferred route because the applicant is eligible for work authorization and permission to travel while the application is pending.
A U.S. citizen or lawful permanent resident who petitions or sponsors a family member for a green card must submit with the relative’s adjustment of status application or immigrant visa application an affidavit of support or form I-864 to guarantee that the intending immigrant will not become a public charge.
Criminal activity by noncitizens may have immigration consequences. This is true whether they are undocumented aliens, temporary visitors or lawful permanent residents.
The August 2013 Visa bulletin shows that the Family-based 2A preference category which refers to spouses and children of lawful permanent residents (LPR) is current for all countries.
Entering into a sham marriage only for the purpose of obtaining immigration benefits is a serious matter that could have many consequences. It could lead to the deportation of the alien spouse and a bar on the approval of future immigrant visa petitions.
Fraud or willful misrepresentation of a material fact is a ground of inadmissibility that prevents an alien from getting a green card. The act of entering the United States under a different name is an example.
Professionals can qualify under the employment-based second preference (EB-2) category if they have a master’s degree or higher and if the position requires an advanced degree. This category is appropriate for workers in highly skilled occupations, such as physical therapists, doctors, lawyers, engineers and pharmacists.
Most people think that a person who is born outside of the United States can only become a U.S. citizen through naturalization or by deriving citizenship through a parent’s naturalization. For many people, naturalization is a process fraught with years of waiting and much expense.