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…
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…
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…
Employment Authorization for Conditional Permanent Residents Whose Status Has Been Rerminated.
Even after USCIS terminates their status, conditional lawful permanent residents who are in removal proceedings before an Immigration Judge remain eligible to work in the United States. Under U.S. immigration law, conditional lawful permanent residents retain their permanent residency until a final administrative order of removal is entered — either by an Immigration Judge or,…
The New USCIS Public Charge Rule
FEBRUARY 3, 2020 UPDATE: USCIS has announced that it will be implementing the Inadmissibility on Public Charge Grounds final rule (except in Illinois) and applying it to all petitions and applications filed with USCIS on or after February 24, 2020. When determining whether an alien is likely to become a public charge at any time…
When Should I File Form I-751?
Most conditional lawful permanent residents seem to know that U.S. Immigration law requires them to file their joint I-751 petition within the 90 day period (window) immediately before their conditional residence expires. This is something that conditional residents learn when they go through the process of obtaining conditional residency. While this rule seems easy enough…
Separated but not Divorced. Navigating the Jointly filed I-751 Petition to Remove Conditions on Residence – PART III
On November 30, 2018, USCIS issued a Policy Memorandum entitled “Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence.” Although it applies to all I-751 petitions (not just joint petitions filed by spouses who are separated but not divorced), because it answers some of the common questions that my clients ask…
