What Does USCIS Mean by a “Good Faith Marriage” in an I-751 Case?
One of the most common misconceptions I encounter in I-751 cases is the belief that a failed marriage automatically means a failed immigration case. That is not really how the law works. In many I-751 consultations, I speak with people who are genuinely panicked because: Many assume USCIS is trying to determine whether the marriage…
What Does “Discretion” Mean in an Adjustment of Status Case?
In two recent posts, I wrote about the new USCIS policy memorandum describing Adjustment of Status as a form of “extraordinary relief,” and then about the possible legal challenges to that policy. This post focuses on the practical question underneath the entire issue: What does discretion actually mean in an Adjustment of Status case? That…
The Real Legal Fight Over the New USCIS Adjustment of Status Memo
Last week, I wrote about USCIS’s new policy memorandum reframing Adjustment of Status (“AOS”) as a form of discretionary relief that should only be granted in “extraordinary” circumstances. At the time, the biggest concern was practical. Immigration lawyers were trying to figure out whether USCIS officers would begin viewing ordinary family-based adjustment cases differently than…
Adjustment of Status vs. Consular Processing: Which Path Is Safer for Your Family?
In most family immigration cases, there are two possible paths. One is Adjustment of Status, where the green card process happens inside the United States. The other is Consular Processing, where the immigrant attends an interview at a U.S. embassy or consulate abroad. Both paths should lead to lawful permanent residence, but each process is…
USCIS Reframes Adjustment of Status as “Extraordinary Relief”
For decades, adjustment of status has been one of the most important features of the U.S. immigration system. It allows many individuals who are already lawfully present, or otherwise eligible under the Immigration and Nationality Act, to become lawful permanent residents without leaving the United States for an immigrant visa interview abroad. That process has…
How USCIS Officers Evaluate Your Marriage Interview
Learn how USCIS officers evaluate marriage interviews — what behaviors they watch for and how to prove your marriage is real and bona fide.
New Public Charge Guidance: How the State Department’s Expanded Health and Financial Review May Affect Visa Applicants
Recent reporting confirms that the U.S. Department of State (DOS) has issued new internal guidance—via a cable distributed to consular posts worldwide—significantly expanding how consular officers evaluate visa applicants under the public charge ground of inadmissibility (INA §212(a)(4)). Although the statute itself has not changed, this directive reshapes the analysis by placing far heavier weight…
Bringing an Interpreter to Your USCIS Interview: Rules You Should Know
If you have an upcoming interview with U.S. Citizenship and Immigration Services (USCIS) — such as for Adjustment of Status (green card) or Naturalization (citizenship) — it’s important to understand who can serve as your interpreter and what the current rules are. You Must Bring Your Own Interpreter USCIS generally requires applicants who need language…
Citizenship Series Part 6: Deriving Citizenship When the Child Was Born Out of Wedlock
Naturalization of Mother When Child Was Born Out of Wedlock and Paternity Not Established by Legitimation: While the concept of legitimate or illegitimate children seems very old fashioned, but even in this modern era, legitimation is important in many cases where a child’s parents were not married at the time of their birth. While this…
Citizenship Series Part 4: Deriving Citizenship with One Naturalized Parent
Derivative Citizenship is possible for those who only have one Naturalized Parent, but this is reserved for those in special circumstances. There are only three (3) situations in which having one Naturalized Parent may qualify you for Derivative Citizenship: In this Part of the series we will be discussing situation 1. Naturalization of a Surviving…
