What Evidence Actually Matters in an I-751 Petition?
One of the most common questions I hear from clients preparing an I-751 petition is “Do we have enough evidence?” Often, the answer is yes, but that is not always the case. In some cases, the real issue is more complicated than people realize. Many couples assume USCIS is simply counting documents, more bank statements,…
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…
What is the National Visa Center?
Immigrant visa petitions are generally processed by U.S. Citizenship and Immigration Service (USCIS), but depending on where/when you apply for your immigrant visa, the National Visa Center (NVC) may play a vital role in processing your petition. This is especially the case for immigrants planning on using Consular Processing to receive an immigrant visa to…
What Happens After My Asylum Is Approved? A Guide to Life as an Asylee in the United States
When the U.S. government grants your asylum application, it’s a major victory – and the start of an entirely new chapter. Many newly approved asylees ask the same question: “What happens after my asylum is approved?” 1. You Are Immediately Authorized to Work in the United States. Once asylum is approved, you are automatically eligible…
Traffic Tickets and the N-400: What Naturalization Applicants Must Disclose
A common question that I receive from clients preparing to file Form N-400, Application for Naturalization, is whether they need to disclose traffic tickets or other routine moving violations. Many people assume that a speeding ticket—or a citation that resulted only in a fine—is simply too minor to matter. In most cases, the ticket itself…
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…
