Due to delays in the processing of the I-751, Petition to Remove Conditions on Residence, the USCIS has changed the duration of the extension period associated with the receipt notice issued in connection with these filings from 12 months to 18 months. As a result, when a conditional permanent resident files an I-751, Petition to Remove Conditions on Residence, their conditional residence status is now extended for 18 months from the … [Read more...] about I-751 Petition: 18-Month Extension Change
First, let's discuss what an I-751 is... A I-751 is a petition that is filed to remove the conditions on US residency. If a couple is married for less than two years when their initial marriage-based green card case is adjudicated, the non-US citizen spouse is given conditional residency. This residency lasts two years. 90 days prior to the expiration of that conditional status, the conditional resident is required to file an I-751, … [Read more...] about Our I-751 has been denied, now what?
Reversing a long standing policy, the USCIS now denies advance parole applications when a green card applicant travels outside of the US while their advance parole application is pending. Prior to the reversal, the USCIS did not deny pending advance parole applications when an applicant traveled during its pendency. In many scenarios the new policy of denial when travel occurs during pendency is a moot point, as the green card applicant … [Read more...] about Denial of Pending Advance Parole Applications
The below provides an overview of the timeline and various stages associated with the immigrant visa process when pursuing an immigrant visa (green card) based on marriage to a US citizen. This green card route is a bit different than the green card marriage adjustment of status route undertaken in the US. There are three stages to this process and three separate governmental entities that play a role in the adjudication of this … [Read more...] about Green Card Through Marriage Timeline (Via Immigrant Visa)
Have you seen the movie "Green Card" with Gerard Depardieu and Andie MacDowell? Well...you basically know what a "Stokes" interview is. But Hollywood is rarely an exact reflection of real life. If USCIS suspects that the marriage is not valid, they can subject the couple to a higher level of scrutiny. Also, if a non-citizen is in removal proceedings (meaning the Government is seeking to remove them and they are appearing before an … [Read more...] about Stokes Interview
You, the intending immigrant, have filed your green card through marriage application in the United States via the adjustment of status process. Congrats! Now what? Now, unfortunately, it’s a long waiting game with the U.S. Citizenship and Immigration Services (USCIS). Below is the general and most common timeline for what to expect as part of this process, if there are no complications or delays with your case. Some common delays can … [Read more...] about Green Card Through Marriage Timeline (Via Status Adjustment)
The green card through investment or "EB-5" green card program is an incredibly popular albeit controversial way for foreign nationals to obtain permanent residency in the US through investment. A common misconception is that this program is a "green card for cash" program - some backroom loop-hole for the global elite to skirt our Nation's established immigration procedures and skip ahead of everybody else in line. This could not be … [Read more...] about EB-5 Green Card: Invest in the American Dream
As mentioned in a previous post, the first step in obtaining an EB-5 green card through investment is to file an I-526 petition which generally consists of two parts. The first part is evidencing and explaining Business Content (business plan, economic report, etc.) of the new commercial enterprise ("NCE"). The second part describes in detail the investor’s Source of Funds (SOF). This includes providing documentation that specifically … [Read more...] about EB-5 Green Card: Telling the Story of Your EB-5 Capital – Evidencing Lawful Source of Funds
The EB-5 Green Card through investment is currently receiving a great deal of attention in the media. Unfortunately, "attention" in this context is analogous to "noise," not "information." Many of you out there may be thinking "I want to pursue this option but I’m very confused…where do I start?" While we obviously recommend contacting an immigration attorney for a thorough evaluation of your specific situation, the following post can … [Read more...] about EB-5 Green Card: How Do I Know if EB-5 is the Right Option For Me?
This post will provide a high level overview of the EB-5 green card program’s steps and requirements. Subsequent posts will delve deeper into the elements introduced in this post and provide more detail on the specific requirements, but this post will serve as a road map for the program at-large. The EB-5 green card through investment program is fundamentally a job-creation program. The originally intent behind the program was to inject … [Read more...] about EB-5 Green Card: An Overview of the EB-5, Green Card Through Investment Process