If I file a joint I-751 with my spouse and we separate (but are still married), should I file a Change of Address with USCIS?
When spouses join in the filing of an I-751 petition and then separate, but stay married, the question arises as to whether they should file a Change of Address with USCIS. My answer to this question is usually that it depends upon whether: (1) the parties have physically separated and are living in different residence…
Adjustment of Status for Derivative Asylees
Many of my nunc pro tunc asylum clients find their way to my blog post and ultimately retain my law firm after finding out that they are ineligible to adjust status. In most cases, the applicants are taken by surprise and learn of their ineligibility by a written decision from USCIS, denying their adjustment application,…
How to extend your Conditional Permanent Resident Status
Green card applicants who are applying based upon a marriage to a U.S. citizen or permanent resident that is less than 2 years old will receive conditional permanent residence for 2 years. While a conditional permanent resident has all of the same rights (and responsibilities) as a permanent resident that is not subject to any…
Are your Translations properly Certified?
As part of the “Invisible Wall” strategy, USCIS has started issuing RFE’s (Requests for Evidence) and denials of applications and petitions related to English translations that are not properly certified. RFE’s result in processing delays, and, as you know, denials will result in the loss of all filing fees, time, and possibly your valid immigration…
What questions will the USCIS officer ask at my Naturalization Interview?
I have always been a big fan of making lists. Whether they are “To-Do” lists, checklists, or workflows, they help me to keep track of everything that I need to do and also help me to keep a record to refer back to in case I need to repeat a task in the future. In…
Applying for Naturalization while your I-751 Petition to Remove Conditions on Residence is still pending
Due to extended delays with the processing of I-751 petitions to remove conditions on residence, foreign national petitioners who are spouses of U.S. citizens sometimes find themselves in the position where they are actually eligible to apply for Naturalization before their I-1751 petition is granted and their conditional status is removed. Generally, permanent residents are…
Dual Citizenship under U.S. Immigration Law
A common question of foreign nationals who are considering becoming Naturalized U.S. citizens is whether they are allowed to hold dual nationality and keep the nationality of their birth country, or any other nationalities that they may have. My answer is “it depends.” First of all its important to understand that there are actually several…
Adjustment of Status for Nunc Pro Tunc Asylees
As I explained in a previous blog post, there are a variety of ways that derivative asylees may lose their eligibility to file for adjustment of status. This can happen, for example, when the principal asylee becomes a U.S. citizen (or dies), or where the derivative asylee gets married. In these situations, while the derivative…
New Rule requiring Immigrants to show proof of Health Care coverage
On October 4, 2019, President Trump issued a proclamation requiring many future immigrants to show that they can afford health care as a condition to obtaining approval of their immigrant visa applications. In short, this new rule will require applicants for immigrant visas (green cards) to show that they have health insurance or have the…
Applications to Change or Extend Nonimmigrant Status will be closely examined under the new Public Charge Rule.
In a previous blog post, I wrote about the new Public Charge Rule which will go into effect on October 15, 2019. The most immediate effects of this Rule may be felt by applicants who file I-539 applications or I-129 petitions to extend or change their nonimmigrant status on or after this effective date. According…
