The H-2B Visa is designed for temporary foreign workers seeking employment in nonagricultural sectors in the United States. However, not all foreign nationals are eligible for this visa. While the H-2B visa does not specifically allow for accompanying family members, there are other visa options available for family members to join the H-2B worker in the U.S.
The Department of Homeland Security (DHS) maintains a list of eligible countries, and as of November 10, 2021, the Philippines was reinstated in the H-2B program after a prior exclusion.
The H-2B program allows U.S. employers seeking to hire foreign workers temporarily to perform nonagricultural labor or services. This employment must meet at least one of the following conditions:
A seasonal need
A peak load need
An intermittent need
Employers must demonstrate that:
There are insufficient U.S. workers available for the job.
Hiring H-2B workers will not negatively impact wages and working conditions of U.S. workers.
The H-2A Visa is specifically for agricultural workers, whereas the H-2B Visa covers nonagricultural sectors. Employers hiring for farming or seasonal agricultural jobs must apply for H-2A instead of H-2B. Learn more about the difference here.
H-1B Visa: Intended for professionals in specialty occupations requiring advanced degrees or specialized skills.
H-2B Visa: Designed for temporary, nonagricultural workers and does not require advanced qualifications.
H-1B visas are subject to a 65,000 annual cap, while H-2B visas have a cap of 66,000 per fiscal year.
Not all foreign nationals can apply for an H-2B visa. The Department of Homeland Security maintains a list of eligible countries. The following countries are eligible for the H-2B visa category: Argentina, Australia, Brazil, Canada, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, New Zealand, Nicaragua, Peru, Philippines, South Africa, South Korea, and the United Kingdom. The Philippines was removed from this list in 2019 but was reinstated in 2021.
Even if a worker’s country is not on the eligibility list, U.S. employers can still file a petition, though the process may take longer. Employers may also request exemptions if the employment is deemed beneficial to the U.S. national interest.
The H-2B program allows U.S. employers to bring foreign nationals to fill temporary nonagricultural jobs. Employers must meet specific requirements and file Form I-129, Petition for a Nonimmigrant Worker.
To qualify, the employer must prove:
Lack of U.S. Workers: No sufficient U.S. workers are available for the job.
No Adverse Impact: Hiring H-2B workers does not negatively affect U.S. workers’ wages and conditions.
Temporary Need: The employer must demonstrate the job is temporary, classified as one of the following:
One-time Occurrence: A unique, short-term event creates a temporary need.
Seasonal Need: The job is tied to a specific season, recurring annually.
Peak-Load Need: Temporary staff needed to supplement permanent workers due to seasonal or short-term demand.
Intermittent Need: The employer occasionally requires workers for short periods.
Annual Cap: 66,000 visas per year
33,000 for October 1 – March 31 (first half of the fiscal year)
33,000 for April 1 – September 30 (second half)
Supplementary Visas: Additional 64,716 visas for FY 2025.
Employers must apply for labor certification from the U.S. Department of Labor (DOL) or Guam DOL (if applicable).
Once the labor certification is approved, the employer files Form I-129 with USCIS.
If filing via DOL’s FLAG system, a printed final determination is required.
After USCIS approves Form I-129, workers outside the U.S. must:
Apply for an H-2B visa at a U.S. Embassy or Consulate. It is crucial to schedule a visa interview, fulfill all the requirements during the interview, and understand that consular officers will determine eligibility for the visa.
Seek admission at a U.S. port of entry via Customs and Border Protection (CBP).
Valid passport
Completed Form DS-160 (Online Nonimmigrant Visa Application)
Form DS-156 (Nonimmigrant Visa Application)
Form DS-157 (For males aged 16-45)
Passport-sized photographs
H-2B Visa Approval Notice (Form I-129)
Application fee payment receipt
Proof of family ties (e.g., birth/marriage certificates)
Evidence of intent to return home (e.g., proof of property or employment in the home country)
Schedule and attend a visa interview (required as part of the application process)
The visa is granted for the period specified in the Temporary Labor Certification, up to a maximum of three years.
After three years, the worker must leave the U.S. for three consecutive months before applying again.
Extensions are possible in increments of one year, provided the total stay does not exceed three years.
As of February 26, 2025, the filing fees and associated costs for obtaining an H-2B visa are as follows:
For Named Beneficiaries:
Small Employers (25 or fewer full-time equivalent employees) and Nonprofit Organizations: $540
Regular Petitioners: $1,080
For Unnamed Beneficiaries:
Small Employers and Nonprofit Organizations: $460
Regular Petitioners: $580
Regular Petitioners: $600
Small Employers: $300
Nonprofit Organizations: Exempt from this fee
All Petitioners: $150 (applicable only to the initial petition)
All Petitioners: $1,685
This service expedites the processing of Form I-129.
All Applicants: $185
This fee is paid by the prospective worker during the visa application process at a U.S. Embassy or Consulate.
Travel Expenses: Workers are responsible for their travel and related expenses to the United States.
Recruitment Costs: Employers may incur expenses related to advertising the position to U.S. workers as part of the labor certification process.
Please note that these fees are subject to change, and it’s advisable to consult the official U.S. Citizenship and Immigration Services (USCIS) website or legal counsel for the most current information.
Cap Reached for First Half of FY 2025: As of January 7, 2025, USCIS has received enough petitions to reach the additional 20,716 H-2B visas for returning workers with start dates on or before March 31, 2025.
Additional H-2B Visas for FY 2025: The Department of Homeland Security (DHS) and the Department of Labor (DOL) have released an additional 64,716 H-2B visas for fiscal year 2025, supplementing the statutory cap of 66,000 visas.
Suspected H-2B fraud or abuse can be reported via the USCIS tip form.
New regulations allow denial of petitions from employers with serious labor violations.
Employers cannot charge fees or deduct wages for H-2B employment.
Violators face mandatory denial or revocation of petitions.
Employers may be barred from filing H-2B petitions for up to 3 years if found in violation.
Maximum initial stay: Up to 1 year (based on labor certification).
Extensions available in 1-year increments (up to 3 years total).
After 3 years, the worker must leave the U.S. for at least 60 days before reapplying.
Spouses and unmarried children (under 21) can apply for H-4 nonimmigrant status.
H-4 holders cannot work in the U.S.
Employers must notify USCIS within 2 days if:
Worker never reports for work.
Worker abandons the job for 5+ consecutive days.
Worker is terminated early.
Work is completed 30+ days earlier than expected.
Employers in Guam and the Commonwealth of the Northern Mariana Islands (CNMI) may be exempt from proving temporary need under the FY 2018 NDAA.
USCIS Policy Manual on H-2B Exemptions
The visa application process can be complex. Seeking professional assistance can significantly improve the chances of success. Herman Legal Group, an award-winning immigration law firm, has extensive experience handling H-2B visa cases.
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The H-2B visa program provides a vital workforce for seasonal and temporary jobs in industries like hospitality, landscaping, seafood processing, and construction. Employers must follow strict eligibility, filing, and compliance requirements to avoid violations and ensure smooth processing.
The marriage green card interview is a crucial step in your immigration journey, where USCIS (U.S. Citizenship and Immigration Services) assesses the genuineness of your marriage. This guide will help you prepare, discover potential red flags, and ensure that your application is as strong as possible.
1. Insufficient Evidence: One of the most common reasons for green card marriage interview denial is not providing sufficient evidence to prove the legitimacy of your marriage. USCIS needs to see that your relationship is real and built on genuine intentions.
2. Inconsistent or Contradictory Evidence: If your evidence does not line up—such as mismatched dates, different names, or conflicting information—USCIS might question the validity of your marriage.
3. Not Responding to Requests for Evidence (RFE): Receiving an RFE can be stressful, but it’s important to respond quickly and thoroughly. USCIS sends an RFE when they need more information to decide.
Certain situations, known as ‘red flags,’ might prompt USCIS to take a closer look at your application. These factors are often associated with a higher marriage green card denial rate, though they do not automatically lead to rejection. However, they require careful handling to prove your marriage is genuine.
1. Large Age Disparities: A significant age difference between spouses can raise questions, especially if combined with other red flags.
2. Unequal Education Levels: When one spouse is significantly more educated than the other, USCIS might question why you’re together.
3. Living Separately: Couples who live apart may face skepticism from USCIS.
4. Language Barriers: If you and your spouse do not share a common language, it could raise doubts about your relationship.
5. Cultural, Socio-Economic, Ethnic, and Religious Differences: Significant differences in background can sometimes lead USCIS to question the authenticity of your marriage.
6. Secret Marriages: A marriage that hasn’t been disclosed to family and friends might seem suspicious to USCIS.
7. Arranged Marriages and Marriages Following Legal Issues: USCIS might be wary of arranged marriages or those that occur soon after a legal issue, like apprehension or deportation orders.
8. Discrepancies in Marital Knowledge: USCIS may ask detailed questions about your daily life together, such as how you met, your routines, and your plans. Inconsistencies here can be a red flag.
9. Multiple Sponsorships and Family Friend Marriages: If you’ve sponsored a spouse before or if your spouse is a close family friend, USCIS might be more critical.
10. Interracial and Same-Sex Marriages: Though love transcends race and gender, USCIS may require more proof of your shared life and interests.
11. Minimal Interaction Despite Shared Home: If your schedules don’t align and you rarely see each other, USCIS might question the validity of your marriage.
12. Financial Need and Criminal History: If the U.S. spouse is financially unstable or if either spouse has a criminal history, USCIS might suspect that the marriage is for financial gain or other improper purposes especially during a marriage based green card interview with criminal record concerns involved.
13. Manufactured Evidence: Creating joint accounts or assets right before the interview might be seen as a last-minute attempt to fabricate evidence.
14. Quick Marriages: Getting married shortly after meeting can raise suspicion about the authenticity of your relationship.
15. Recent Divorce: If you or your spouse remarried quickly after a divorce, USCIS might question the authenticity of your new marriage.
16. Country-Specific Fraud Concerns: Applicants from countries with high rates of marriage fraud may face additional scrutiny.
17. No Children for Childbearing-Age Women: While it’s not a requirement to have children, USCIS might view the absence of children in a marriage where the woman is of childbearing age as a potential red flag.
Under Section 204(c) of the Immigration and Nationality Act, any petition is automatically prohibited from approval if there is evidence that the beneficiary has previously attempted or conspired to enter a sham marriage for the purpose of evading immigration laws. This applies to all petitions, including Form I-140 and not just I-130.
It’s a common scenario where a couple has a bona fide marriage, has irrefutable evidence of a real genuine relationship (children, cohabitation, joint ownership of home/assets, etc.) but USCIS denies the green card case because the immigrant previously entered into a prior marriage that was not bona fide and attempted to get an immigration benefit. In some cases, this leads to a marriage based green card interview denied outcome, even when the current relationship is completely legitimate.
Beyond proving that your marriage is genuine, USCIS also looks at other legal and procedural aspects of your case. It is essential to review these before filing your application.
1. Validity of Foreign Marriages: Your marriage is presumed valid if it is recognized in the country where it was celebrated. However, if the marriage conflicts with U.S. public policy (like polygamy), it won’t be recognized.
2. Freedom to Marry: Both parties must be legally free to marry, meaning any previous marriages must be legally terminated.
3. Virtual or Proxy Marriages: If your marriage took place online or through a proxy, specific conditions must be met for USCIS to recognize it.
4. Marriages Between Close Relatives and Involving Minors: Some marriages, such as those between close relatives or involving minors, are subject to special attention
Important! Forced marriages are not bona fide. If indicators of forced marriage are present, consult with headquarters or regional offices. Forced marriage is a serious issue and should not be confused with arranged marriages, which are culturally accepted in many places.
5. Transgender Issues and Same-Sex Marriages: Marriages involving transgender individuals or same-sex couples must meet the same legal requirements as other marriages.
In some cases, a petitioner can file Form I-130, Petition for Alien Relative, and the beneficiary can file Form I-485, Application to Register Permanent Residence or Adjust Status, simultaneously However, both forms must be approved at the time of filing.
Eligibility Requirements:
Specific Visa Scenarios
Affidavit of Support
You and your spouse deserve to be treated with respect during the green card interview. The focus of the interview should be on determining the bona fides of the marriage, not its long-term viability. Officers should follow procedures, adapt questions for minors, and be case specific. Sometimes, however, USCIS Officers can be abusive, rude and violate the due process of the applicants.
If you encounter misconduct or inappropriate behavior from a USCIS officer, it is important to know how to file a complaint properly. Here’s how:
1. Identify the Misconduct:
2. Determine the Reporting Channel:
3. Filing the Complaint:
4. Follow Up:
Important! You have the right to be treated fairly and to file a complaint without fear of retaliation. Filing a complaint will not harm your immigration case.
Marriage fraud is a serious concern for USCIS and the Department of State (DOS). These agencies are committed to ensuring that marriage-based green card applications are genuine.
This legislation created conditions and criminal penalties to prevent marriage fraud, including:
USCIS and DOS have always been skeptical of marriage-based green card applications. Although the myth that most of these applications are fraudulent has been busted, the concern still exists because marriage is one of the few ways to get a green card without job skills or pre-existing family relationships
Again, the Government has a legitimate interest in detecting and disrupting marriage fraud. Here are some examples of criminal cases filed by the US Department of Justice:
1. Site Visits:
2. Bed Checks:
3. Social Media Monitoring:
4. Interviews:
5. Document Examination
6. Neighbors and Associates:
Fraud can be suspected for many reasons, including:
Even legitimate marriages can be scrutinized if the couple is not well prepared to prove the legitimacy of their relationship.
Marriage fraud is a serious crime with severe penalties for the immigrant and the U.S. citizen. The consequences can be:
Immigration
Criminal Penalties
Civil Penalties
Additional Consequences
USCIS uses a variety of methods to investigate marriage fraud in I-130 petitions. While many cases are resolved through document reviews and interviews, more in-depth investigations—such as online searches, credit record checks, and even home visits—may occur if fraud is suspected. The consequences of marriage fraud are severe, making it essential to understand the process fully and seek legal help to ensure your application is legitimate and well prepared.
Marriage green card interview can be overwhelming, but preparation and truth is the key to a successful outcome. Herman Legal Group, a law firm founded in 1995, can guide you through this critical part of your immigration process. With us, you can feel confident you are prepared to present your case well.
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Getting a green card through marriage is a big deal for foreign nationals who marry US citizens or green card holders. The average processing time for various stages, such as the I-130 petition and the I-485 adjustment of status, can help set realistic expectations for the timeline.
The process is long and complicated and can take 12 to 55 months depending on several factors. Those factors are the sponsoring spouse’s citizenship, whether the immigrant spouse is in the US or abroad and the USCIS service center processing the application. Knowing these variables is key to managing your expectations.
The timeline for obtaining a marriage-based green card—including overall processing time—can vary widely:
If the couple has been married for less than two years, the immigrant spouse will receive a conditional green card, valid for two years. After two years, they can apply for a permanent marriage green card.
A formal request to USCIS to prioritize and speed up the processing of your application. USCIS reviews these requests on a case-by-case basis and considers them under specific criteria.
USCIS does not often expedite I-130 marriage-based petitions. But it does not hurt to try if any of the following apply.
If you think your situation applies to one of the above, you can request expedite by following these steps:
If your spouse is outside the U.S., you can file an expedite request with the NVC after the case is transferred from USCIS.
In some situations when there are urgent or exceptional circumstances, the U.S. Department of State (DOS) can accept and adjudicate an I-130 petition at a U.S. embassy or consulate. This is usually for cases where immediate processing is needed and filing through regular USCIS channels would not be enough to address the time sensitive situation.
Usually, the US citizen petitioner is living abroad and needs to bring their spouse to the US quickly due to an emergency.
If the Embassy approves the request for consular processing of I-130, then the visa will be expedited. Door to door processing time is 2 to 4 months.
If you are outside the U.S. and married to a US Citizen, it’s recommended to file the K-3 after the I-130. The K-3’s only purpose is to allow the foreign spouse to enter the U.S. while the I-130 is pending with USCIS. But in most cases USCIS approves the I-130 before the K-3 interview. But in any case, it costs nothing to file the I-129F with USCIS.
So why not?
It doesn’t bring the spouse in any faster in most cases, but it’s an insurance policy in case the I-130 gets held up by USCIS. Filing for a K-3 visa, involves several steps to allow the spouse of a U.S. citizen to enter
the U.S. while waiting for the approval of their visa petition.
Step 1: File Form I-130, Petition for Alien Relative
Step 2: File Form I-129F, Petition for Alien Fiancé(e) (Although traditionally used for fiancé(e) visas, this form is also required for the K-3 visa)
Step 3: Wait for USCIS Approval
Step 4: National Visa Center (NVC) Processing
Step 5: Apply for the K-3 Visa at the U.S. Embassy or Consulate
Step 6: Interview
Step 7: Enter the U.S.
Notes
When applying for adjustment of status in the U.S., one important concept to be aware of is the “90-Day Rule”. This is a guideline used by U.S. Citizenship and Immigration Services (USCIS) to determine if an individual who entered the U.S. on a non-immigrant visa had a pre-conceived intent to immigrate. This is crucial especially for those who plan to marry a U.S. citizen or take other steps towards permanent residency shortly after entering the U.S.
Is a USCIS policy to determine the intent of non-immigrant visa holders when they entered the United States. This rule is applicable to individuals who entered the U.S. on a non-immigrant visa such as B-2, F-1 or H-1B and then marry a U.S. citizen or take other major steps towards getting permanent residency within 90 days of their arrival.
Under the 90-Day Rule, if a non-immigrant visa holder marries a U.S. citizen or applies for adjustment of status within 90 days of their entry to the United States, USCIS may assume that the individual had a preconceived intent to immigrate when they entered the country.
For example, if someone enters the U.S. on a tourist visa which is for short term visit and not for immigration purposes and then marries a U.S. citizen within the first 90 days, USCIS will question whether the individual really intended to go back to their home country or if they always planned to stay in the U.S. permanently.
The good news is that the presumption of preconceived intent is rebuttable. Applicants can provide evidence to USCIS they did not have an intent to immigrate when they entered the U.S.
Some ways to rebut the presumption include:
If an applicant cannot rebut the presumption of preconceived intent, their adjustment of status application will be denied. In some cases, USCIS may also find that the individual committed fraud or willful misrepresentation which can have serious consequences including being barred from re-entering the U.S. in the future.
If you are planning to marry a U.S. citizen or apply for adjustment of status and you entered the U.S. on a non-immigrant visa within the last 90 days, you should be aware of the 90-Day Rule. Here’s what you can do:
Applicants must have a medical exam by a USCIS or Embassy approved doctor. The medical exam is a required step to ensure the applicant meets health-related standards for immigration, including all required vaccines. Typical cost for a medical exam is $300 to $500.
The time it takes for a spouse seeking a marriage-based green card can vary significantly depending on various factors, including whether the immigrant spouse is residing in the U.S. or abroad, and whether they are married to a U.S. citizen or a lawful permanent resident.
Typically, cases processed through the National Benefits Center take around 0/4–8 months for U.S. citizens and longer for legal permanent residents, though the timeline can extend from 0/2–10 months or more in some cases. The process often involves completing the immigrant visa electronic application (DS-260) and attending a marriage green card interview.
Given the complexities involved, from managing the application process to addressing any challenges at the National Benefits Center, working with an experienced immigration lawyer is highly recommended. This ensures that the application is handled correctly, maximizing the chances of obtaining immigration benefits and legal permanent resident status in a timely manner.
Herman Legal Group can help you through this process. With years of experience in helping clients with marriage green card applications, we are here for you every step of the way. Contact us today to start
your path to permanent residency in the U.S.
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Getting a marriage-based green card is a process, and the interview is the final step. You and your spouse can finally start your life in the United States. To help you feel more comfortable and prepared, this guide will go through everything you need to know about the green card interview, including essential green card interview tips to help you succeed.
The marriage green card interview is the last step of the process. If the spouse applying for the green card is already in the United States, the U.S. Citizenship and Immigration Services (USCIS) will schedule the interview. If the spouse is abroad, the National Visa Center (NVC) will handle the scheduling. At this stage, couples are often concerned about what to expect, and many seek guidance on common US immigration marriage interview questions to help them prepare.
Key Points to Expect:
While most marriage green card cases are real, there is some marriage fraud out there. USCIS has a legitimate law enforcement function to identify and prosecute marriage fraud. Even in cases where a couple hopes to get a marriage green card without interview, USCIS must still evaluate the authenticity of the relationship to rule out fraud.
When you submitted your I-130 you already provided a lot of documentation to support the bona fides of your marriage. For the interview, you should bring new documentation of your shared life since submitting the I-130.
To prove the authenticity of your marriage, you will need to provide strong evidence.
This includes:
Also write a detailed narrative of your relationship, including how you met, common interests (we both like hiking!), high points of the relationship, such as traveling, shared struggles (such as a death in the family), and plans for the future. Submitting this signed and notarized statement helps build the administrative record and helps you control the narrative.
Having all the documentation can prevent bad outcomes and make the interview smoother.
To get approved, the petitioner must provide evidence that meets the standard of proof
to show your marriage is valid. The standard of proof varies in different scenarios.
Other situations require a higher standard of proof.
In some cases, a higher standard of proof, such as “clear and convincing evidence,”
may be required.
In visa petition proceedings where fraud is alleged, the petitioner must present clear and convincing evidence to overcome the fraud determination (Matter of Soriano, 19 I&N Dec. 764 (BIA 1988)) . In rare cases, if the government files a criminal case alleging immigration-related marriage fraud, the “beyond a reasonable doubt” standard will be used. For more about dealing with fraud allegations, see Marriage Fraud and Immigration Consequences.
The green card marriage interview will be conducted by a USCIS officer (in the US) or a consular officer (abroad) who is trained for marriage-based green card interviews. The interviewing officer’s main goal is to verify the marriage and determine if the foreign spouse is eligible for a green card. If you want to feel more confident, learning from someone else’s marriage based green card interview experience can be incredibly helpful to understand what to expect.
The officer will ask about the spouse’s entry to the US, arrests, and previous immigration history. It is crucial to be prepared to answer questions effectively, and having an experienced immigration attorney can help with this preparation.
During the marriage green card interview, you can expect questions that delve into the details of your relationship, such as how you and your spouse met, your daily routines as a married couple, and your plans together. This is also an opportunity to present extra evidence to prove your marriage.
Answer the officer’s questions honestly, directly, and briefly. If you do not know or do not remember the answer, it is better to say so than to make something up.
Sometimes couples are interviewed separately – either by two different officers or by the same officer but one at a time. This is called a “Stokes” interview , used to verify the consistency of each spouse’s answers.
Be prepared by ensuring both of you know your relationship details. If USCIS interviews the spouse separately, it is important to provide accurate answers to the questions asked. If you are unsure or do not know the answer, you should say so.
Expect questions about your relationship history – how you and your spouse met, details of your wedding ceremony, and your spouse’s parents. Knowing details about your spouse’s parents is important as it shows the depth of your relationship and familiarity with each other’s families.
The interviewing officer may also ask about your daily routines – who cooks, who cleans, and whether your spouse drinks coffee. Knowing these details will help prove your relationship.
Officers may ask about your families and friends, including your spouse’s parents, children from the marriage, and how your families interact. Be prepared to talk about significant events – your spouse’s birthday and important holidays you celebrate together.
Being prepared for this can help you stay calm.
The marriage green card interview is a big deal. By knowing what to expect, having strong evidence, and preparation, you can feel confident. If you need help, Herman Legal Group , a law firm with over 29 years of experience, can help you prepare and present your case. Contact us today to schedule a consultation and start building your future together.
Continue Reading: Now that you know the process, it is time to learn the specifics on how to gather evidence and address red flags and negative outcomes. Check out our detailed guide on how to overcome marriage green card interview challenges and avoid red flags for approval to ensure you are fully prepared for your interview and increase your chances of approval.
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If you’re a U.S. citizen or a green card holder (lawful permanent resident), USCIS Form I-130 Petition for Alien Relative is how to start the family-based immigration process for your immediate relative seeking lawful permanent residence.
The form I-130 establishes your relationship with family members and gets the ball rolling for them to submit their immigrant visa petition and live in the U.S. permanently.
The United States Citizenship and Immigration Services (USCIS) processes a large number of Form I-130 petitions every year and reviews them based on established standards. This article will go over everything you need to know about Form I-130, who can file it, what documents are required, and the process.
The main purpose of the Form I-130 petition is to show a qualifying relationship between a U.S. citizen or green card holder and their foreign family member. By filing, the petitioner is saying they will sponsor the alien relative for a green card and get them settled in the U.S.
Approval of Form I-130 is a big step in the process of getting the immigrant visa as it confirms the valid family relationship and allows the immediate relatives to move forward with their immigration status.
Form I-130 is more than just starting the green card process. Here’s why:
U.S. citizens and green card holders can file Form I-130 petition for alien relative to determine their sponsorship eligibility for certain family members for a green card. Eligible members are:
An immediate relative of U.S. citizens is not subject to numerical limits on immigrant visas, so they have shorter wait times. These family preference categories are: spouse, unmarried child under 21, parents of U.S. citizens.
Family preference categories apply to other eligible family members and are subject to annual numerical limits. These categories are:
This is a higher standard than the “preponderance of the evidence” standard required in immigration cases.
As of 2024, the filing fee for Petition for alien relative is $675. This fee is non-refundable even if the petition is denied. So, be aware that if you are submitting multiple forms, you need to pay each filing fee separately.
Form I-130 can be filed online or by mail. Filing location depends if petitioner is in the U.S. or abroad.
The most up-to-date information on filing locations can be found on the USCIS website.
Here is a list of all required supporting documents to prove eligibility and family relationship:
Submit Alternative Documents
Secondary evidence or alternative supporting documents must be submitted if primary documents are not available. This can include:
When sponsoring a family member, you need to show financial responsibility by providing financial evidence at the time of adjustment of status or consular processing.
This includes submitting evidence such as income tax returns, employment verification letters, and bank statements. You need to show you can support the beneficiary and not make them a public charge.
An Affidavit of Support (Form I-864) is a binding document where you agree to support the beneficiary financially. This form is required for most family-based green card applications to ensure the beneficiary will not be on public assistance.
Spouses
When filing form I-130 for a spouse, it’s important to provide evidence of a legally valid relationship that the marriage is bona fide and not entered into for immigration benefits. This includes:
If either spouse has a prior marriage, including divorce decrees or death certificates to prove all prior marriages have been terminated is required. Evidence of an ongoing marital union, such as joint lease agreements, utility bills, and correspondence addressed to both spouses can help strengthen the petition.
Children
However, USCIS has special considerations for child status for these immigrant visa petitions. While the I-130 process is generally the same for most relatives, there are important nuances to consider when petitioning for a child.
Make sure all forms are filled out correctly and completely to avoid delays and denials. Even seemingly minor errors or inconsistencies on the I-130 petition can lead to delays or requests for evidence (RFEs).
An attorney can review your completed form before submission to minimize the chance of errors and ensure all information is presented clearly and accurately.
Respond to any RFEs or additional documentation requests from USCIS ASAP to keep the process moving.
The processing time through the Form I-130 family preference category varies based on the relationship category, the beneficiary’s country of origin, and the Visa Bulletin.
Here’s a breakdown:
U.S. Citizen’s Spouses, Parents and Unmarried children
Family Preference Categories
For more accurate processing time, check the Visa Bulletin Priority Date on the USCIS website and consult with an immigration attorney for the most up-to-date information.
Depends on the USCIS Service center handling your case.
National Visa Center (NVC) Processing
Consular Interview and Visa Issuance (if outside the U.S.)
Adjustment of Status (if within the U.S.)
Approval and Green Card: 1-2 months after interview.
After Approval: Becoming a Green Card Holder
After the beneficiary becomes a lawful permanent resident, they must maintain their permanent resident status post-approval by living in the U.S. and not doing anything that could jeopardize their status, such as committing crimes or not filing income tax returns.
After holding a green card for a certain period (usually 5 or 3 years if married to a U.S. citizen), the beneficiary can apply for U.S. citizenship through naturalization. This involves submitting Form N-400, passing a citizenship test, and attending a naturalization ceremony.
Form I-130 requires the US citizen petitioner to submit supporting documents and a filing fee with the form. You’re not done with the petition until you have:
I-130 Appeals
If your I-130 petition is denied, you will receive a notice explaining the reason for the denial. You can appeal the decision or file a motion to reopen or reconsider. The appeal process involves filing Form I-290B, Notice of Appeal or Motion, with the fee. It’s recommended you consult with an attorney to figure out what to do.
By following these steps and utilizing available resources, you can move closer to obtaining immigrant visas for your immediate family members.
The journey towards family unity, permanent resident status, and citizenship is rewarding and worthwhile.
With the right information and guidance, your family can look forward to a bright future in the U.S.
For expert legal support with filing Form I-130, obtaining immigrant visas, registering for permanent residence, or navigating immigration court proceedings, contact Herman Legal Group at 1-216-696-6170. Let us help you every step of the way.
24/7 Support, Just A Call Away!
Divorce is tough and expensive. For immigrants it can get even more complicated, especially when it comes to your green card and immigration status. Depending on the type of green card you have and your situation, the impact of divorce can be huge. This guide will tell you how divorce affects your immigration status and what to do about it.
This will cover what happens to your green card after divorce, what you need to do and how to protect your immigration status.
A green card lets you live and work in the United States permanently. If your green card is marriage-based, your immigration status is tied to your relationship with your sponsoring spouse. Divorce can affect your ability to get or keep your lawful permanent resident status, depending on where you are in the green card process.
Citizenship and immigration services will scrutinize your application, especially if you have a conditional green card, and you will need to prove that your marriage was genuine when seeking waivers.
U.S. immigration law has two types of marriage green cards:
Moving to the U.S. for a marriage-based green card is a big deal, but what happens if the marriage ends in divorce before you get permanent residency? Your immigration status depends on where you are in the green card process. Here we will go over each scenario.
Your immigration status can be affected differently depending on your spouse’s status, the type of visa or green card you have, and how and when you got it. Here are the scenarios:
Each has different implications so let’s break them down.
If a divorce occurs during the conditional green card period, USCIS may scrutinize the marriage for marriage fraud. It is crucial to prove that the marriage was entered into in good faith to avoid complications in the process of converting to permanent residency.
Additionally, if the divorce occurs before naturalization, special attention should be made to document the bona fides of the prior marital relationship.
If you divorce before your green card application is approved, your green card eligibility may end. For example:
If the marriage ends before USCIS approves the petition, your green card eligibility ends too since it was based on the marriage.
If you’re in the process of applying for a marriage green card and get divorced, the application will be denied.
Key points to remember:
Outcomes:
What to Do Next: You may have to leave the U.S. unless you have another type of visa or immigration benefit.
If you’re a victim of abuse or extreme cruelty by your spouse, you may be able to self-petition under the Violence Against Women Act (VAWA). Here are the key points:
Other Options: If your marriage-based green card is no longer available, consider:
Note: Consult with an immigration attorney for possible waivers or other paths, such as self-petitions under special circumstances (e.g. abuse).
Before the 2-year conditional period ends, you and your spouse would normally file jointly Form I-751, Petition to Remove Conditions of Residence and provide evidence that your marriage was real. Examples:
A divorce during the 2-year conditional green card period can make things complicated but there are options: Seeking professional immigration services can help navigate these complexities and ensure you provide substantial evidence to USCIS.
Divorcing during the 2-year conditional green card period doesn’t automatically mean you’ll be deported or lose your status. But you’ll have to file Form I-751 on your own, requesting a waiver of the joint filing requirement.
If your divorce is final when it’s time to remove conditions, you’ll file Form I-751 with a divorce waiver. This waiver allows you to proceed without your spouse’s signature but you must prove your marriage was real.
Show that your marriage was real and not for immigration benefits. Provide:
If your divorce is final, include the decree with your petition. If not, provide proof that divorce proceedings have started and include the decree later if USCIS requests it.
If returning to your home country would cause extreme hardship, you can file a hardship waiver with your I-751 petition.
A hardship waiver is tough to get but an immigration attorney can help you build a strong case with evidence.
If you were abused or subjected to extreme cruelty during your marriage, you can file an abuse waiver instead of a divorce waiver. This applies whether you’re still married, separated or divorced.
If your divorce isn’t final when your I-751 petition is due, include a copy of the divorce petition to show that the process has started. USCIS will usually issue a Request for Evidence (RFE) and give you 87 days to submit the final divorce decree.
Make sure to expedite your divorce during this period as not providing the decree on time can put your immigration status at risk. An experienced divorce attorney can help you get this done fast.
Once you have a 10-year green card, divorce has little impact on your immigration status. As a lawful permanent resident (LPR), your status is separate from your marriage.
Important Points:
For most green card holders, divorce won’t affect their ability to renew their green card. If you have a 10-year green card, you can usually renew it without issues by filing Form I-90. Note:
Stay Compliant
Many green card holders want to become a U.S. citizen. Divorce can change your timeline. It is important to note that even after naturalization or achieving citizenship, challenges such as divorce after naturalization and divorce after citizenship can arise, affecting personal, legal, and financial matters in unexpected ways.
If you plan to file for citizenship based on 3 years of marriage to a U.S. citizen, your divorce will make you ineligible for this shortcut. To qualify, you must:
Divorce won’t affect your ability to file for naturalization after 5 years as a permanent resident. For example, if you have a 5-year green card, you can file Form N-400 regardless of your marital status.
During naturalization, USCIS reviews your entire immigration history. If they suspect your original marriage was not real or fraud, they may:
1. Keep Records:
2. Be Truthful:
3. Show Positives:
Get Legal Advice:
An immigration attorney can help you navigate the naturalization process and address any issues from your divorce.
If your green card is tied to a spouse’s employment-based petition (e.g. an H-1B visa holder’s I-140), your derivative status ends if you divorce before the green card is approved.
Options After Divorce:
Get Legal Advice
An attorney can help you with waivers, evidence gathering and make sure you’re eligible for legal residency.
Quick Facts
Divorce as a green card holder is tricky but with the right info and guidance you can navigate it and move forward.
Divorce FAQs for Green Card Holders and Applicants
Divorce During the Conditional Green Card Period
Divorce With a Permanent Green Card
Divorce With a pending green card application
Special Waivers After Divorce
Legal Separation vs. Divorce
Derivative Beneficiaries and Divorce
Why Legal Matters
Divorce and immigration is complex. An experienced attorney can:
When to Call an Attorney
If you’re getting divorced and have green card questions, contact an attorney now. Timing is everything.
You don’t have to lose your green card. Now you know your options and can act to protect your residency and plan for your US future. Contact Herman Legal Group now.
24/7 Support, Just A Call Away!
Obtaining a green card officially known as a Permanent Resident Card grants you the ability to live and work permanently in the United States, and eventually become a U.S. citizen. The process varies depending on your unique circumstances, but this guide will break it down step by step, making it easy to understand and follow.
This guide will simplify the process, explain the timeline, costs, and various types of Green Cards, and provide step-by-step instructions for applicants.
A Green Card is a physical document that signifies your status as a lawful permanent resident in the United States. It allows you to:
Key Facts
Eligibility categories are classifications that determine whether you qualify for a Green Card based on your unique circumstances. Identifying the eligibility category that fits your situation is crucial, as each category has specific requirements, application processes, and considerations for family members. Let’s explore these categories in greater detail.
Family-based Green Cards are one of the most common and straightforward paths to permanent residency. Your eligibility depends on your relationship to a U. S. citizen or lawful permanent resident (Green Card holder). One notable option is through green card holder parent sponsorship, which allows a lawful permanent resident to sponsor their immigrant child for a Green Card. This process can expedite family reunification, making it easier for families to stay together in the United States. Additionally, obtaining permanent residency for parents in USA not only strengthens familial bonds but also allows for greater stability and opportunities within the country. This pathway can be particularly beneficial for families seeking to establish their roots in a new environment and ensure that parents can contribute to both their household and the community. Ultimately, the process underscores the importance of family unity in the immigration system.
Immediate Relatives of U.S. Citizens
Processing Times
Costs Associated with Green Cards
Other Family Members of U.S. Citizens (Preference Categories)
These categories fall under the family preference system, subject to annual visa limits and longer waiting times:
Insights:
Family Members of Lawful Permanent Residents
Key Considerations:
Special Family Circumstances
Employment-based Green Cards cater to individuals with specific job offers, extraordinary skills, or investments in the U.S. economy.
Immigrant Worker Categories
Special Employment Categories
Pro Tip: Employment-based applicants usually require a labor certification from the U.S. Department of Labor unless exempt under a waiver.
Refugees and asylees can apply for a Green Card after one year of residing in the U.S.
Insight: Refugees and asylees don’t need to file an immigrant petition (such as Form I-130 or I-140).
Victims of Abuse
Victims of Crime
Pro Tip: Self-petitioners don’t need a sponsor, simplifying the process.
Diversity Immigrant Visa Program
Country-Specific Programs
As mentioned above, the U.S. offers several paths to permanent residency. Your eligibility depends on your relationship to a sponsor or specific immigrant category.
Visit the Green Card Eligibility Categories page to review all categories and specific requirements.
Once you have determined that you meet the requirements for one of the eligibility categories, then you are ready to move to Step 2.
Most Green Card applicants require a petition filed by a sponsor. However, self-petitioning is available for certain categories, like VAWA or employment-based individuals of extraordinary ability.
Common Petition Forms
Here are the primary forms used for Green Card sponsorship:
Other Petition Forms
Refer to your eligibility category for the specific petition form needed.
Your application process depends on whether you’re inside or outside the U.S.
The two processes are:
1. Adjustment of Status (Inside the U.S.)
If you’re already in the U.S., you can adjust your status by filing Form I-485, Application to Register Permanent Residence or Adjust Status.
2. Consular Processing (Outside the U.S.)
If you’re outside the U.S., you’ll apply through consular processing via the Department of State.
General Steps for Most Applicants
What to Do While Waiting
If your Form I-485 is pending, stay updated on your case and take necessary actions to avoid delays.
Tips for Managing Your Case:
Once approved, you become a lawful permanent resident. Here’s what you should do next:
Responsibilities of Green Card Holders
Lost or Delayed Documents
Address Changes
Military Family Members
Abuse Victims (VAWA)
Crime and Trafficking Victims
Tips for a Successful Application
Tips for a Successful Application
Consult Experts: Immigration attorneys or services like Boundless can guide.
Adjustment of Status (AOS) is the process that allows individuals already in the U.S. to apply for a Green Card without leaving the country. This eliminates the need to return to your home country for visa processing, making it a convenient pathway to permanent residency for eligible applicants.
This detailed guide breaks down the steps, requirements, and additional tips to ensure a smooth AOS application process.
Adjustment of Status is a pathway to becoming a lawful permanent resident (Green Card holder) for noncitizens present in the United States. It allows you to transition from your current immigration status (e.g., student, worker, asylee) to permanent residency without leaving the U.S. Laws regulating adjustment of status can be complex. Understanding the policy guidance on adjustment is crucial as you navigate this process.
If you are outside the U.S., the equivalent process is Consular Processing, where you apply for an immigrant visa at a U.S. embassy or consulate.
1. Determine Your Eligibility
Your first step is to confirm that you qualify for a Green Card and Adjustment of Status under a specific eligibility category. U.S. immigration laws provide a variety of paths, including family-based, employment-based, humanitarian, and other categories.
Note: Some categories, like the Cuban Adjustment Act, may allow you to file without a sponsor or prior petition.
2. File an Immigrant Petition (if required)
Most Adjustment of Status cases require an approved immigrant petition before filing Form I-485 (Application to Adjust Status). The immigrant petition serves as the foundation for your Green Card application.
Types of Immigrant Petitions
Concurrent Filing
What is Concurrent Filing?
Concurrent filing allows individuals to file Form I-485 (adjustment of status) at the same time as the immigrant petition (e.g., Form I-130 or Form I-140) or while the immigrant petition is still pending.
Who is Eligible for Concurrent Filing?
Concurrent filing is available for specific categories of individuals who meet eligibility requirements and are physically present in the United States.
Eligible Categories for Concurrent Filing
Ineligible Categories
What is Visa Availability?
Visa availability determines whether you can file your adjustment of status application. It depends on:
How to Check Visa Availability
Important Note: Filing without visa availability may result in rejection of your Form I-485.
Once submitted, USCIS will:
Respond to Requests for Evidence (RFE)
Advantages of Concurrent Filing
Common Issues and How to Avoid Them
Additional Considerations
Change of Address
If you move during the AOS process, update USCIS within 10 days using Form AR-11 or the USCIS online system.
Tips for Success
If you’ve submitted Form I-485, Application to Register Permanent Residence or Adjust Status, and your case is under review, it’s essential to stay informed and proactive. This guide covers key steps to manage your application, track its status, and avoid unnecessary delays.
Why It’s Important
If you move, you must update your address with USCIS within 10 days to ensure you receive important notices about your case. Failing to do so can lead to missed notifications or delays in your application process.
How to Update Your Address
Tips for Address Updates
Why Check Processing Times?
Each USCIS office has different timelines for processing Form I-485. Knowing the average wait time for your location can help you manage expectations and identify delays.
Where to Check Processing Times
Ways to Stay Updated
Advance Parole Is Required
If you plan to leave the United States temporarily while your Form I-485 is pending:
Steps for Safe Travel
If you are outside the United States and wish to become a lawful permanent resident (Green Card holder), Consular/Embassy Processing is the pathway to follow. This process involves applying for an immigrant visa at a U.S. consulate or embassy abroad after your petition has been approved. Once granted, the visa allows you to enter the U.S. and be admitted as a permanent resident.
This detailed guide breaks down the steps of consular processing, provides useful insights, and offers practical tips to help navigate the process effectively.
What is Consular Processing?
Consular Processing is the method by which individuals outside the U.S. apply for an immigrant visa to enter the country and become lawful permanent residents. It is one of two primary pathways to obtaining a Green Card, the other being Adjustment of Status, which is available to individuals already in the U.S.
1. Determine Your Basis to Immigrate
To start, you must determine if you qualify for a Green Card under one of the many Green Card eligibility categories.
2. File the Immigrant Petition
For most categories, an immigrant petition must be filed and approved before you can apply for an immigrant visa. The petition serves as the foundation for your application.
Types of Immigrant Petitions
Important Note: Always verify specific petition requirements with your U.S. consulate or embassy.
3. Wait for a Decision on Your Petition
Once the immigrant petition is submitted:
4. Work with the National Visa Center (NVC)
The NVCoversees the next steps, including collecting fees and documentation to prepare your case for the consular interview.
What to Expect from the NVC:
Tip: Promptly respond to NVC requests to avoid delays in processing.
5. Attend the Consular Interview
Once your case is complete, the consulate or embassy will schedule an interview for you.
How to Prepare for the Interview:
Each US Embassy is unique. Check out the instructions for each embassy.
6. Notify the NVC of Any Changes
You must inform the NVC of any changes in your situation, including:
How to Notify: Use the contact information provided on the Department of State’s NVC page.
7. Enter the United States with Your Immigrant Visa
After your visa is approved:
What Happens at the Port of Entry:
8. Receive Your Green Card
After arriving in the U.S.:
Reading a Permanent Resident Card
Card Features
Tips for Success in Consular Processing
Navigating the U.S. immigration process requires a clear understanding of visa availability and priority dates, which determine when you can apply for a Green Card (lawful permanent residency). This guide provides an in-depth explanation of these concepts, detailed steps for tracking your place in the visa queue, and actionable tips to manage common challenges like visa retrogression.
How Immigrant Visa Availability Works
The availability of immigrant visas is governed by the Immigration and Nationality Act (INA), which sets numerical limits on most visa categories. These limits determine how many individuals can be granted immigrant visas each fiscal year (October 1 to September 30).
Unlimited Visa Categories
Certain Green Card categories are exempt from numerical limits, meaning visas are always available for qualified applicants. These include:
Limited Visa Categories
Visas in other categories are numerically capped, meaning they are subject to annual limits:
Country-Specific Limits
The INA also imposes per-country caps, limiting the number of visas any single country can receive to approximately 7% of the total annual visas. This can create additional wait times for applicants from high-demand countries like India, China, Mexico, and the Philippines.
What Are Priority Dates?
A priority date is the date your immigrant petition (e.g., Form I-130, Form I-140) is filed with USCIS. It establishes your place in the visa queue for limited categories. When your priority date becomes “current,” a visa is available, and you can proceed with your Green Card application.
How Priority Dates Are Assigned
Why Priority Dates Matter
Your priority date determines when you can take the next steps in the Green Card process:
Tracking Visa Availability: The Visa Bulletin
The Visa Bulletin, published monthly by the U.S. Department of State, provides updates on visa availability for family- and employment-based categories. It contains two key charts:
How to Use the Visa Bulletin
Where to Find the Visa Bulletin
The Visa Bulletin is published on the U.S. Department of State website.
Sometimes, a priority date that is current one month becomes unavailable the next. This phenomenon, called visa retrogression, occurs when demand exceeds the available visas in a particular category or country.
Why Retrogression Happens
What to Do During Retrogression
Filing Form I-485, Application to Register Permanent Residence or Adjust Status, often requires undergoing an immigration medical examination and obtaining vaccinations for vaccine-preventable diseases. This guide simplifies the process and provides essential tips to help you navigate each step efficiently.
What is a Civil Surgeon?
A civil surgeon is a doctor designated by USCIS to perform immigration medical examinations within the United States.
How to Find a Civil Surgeon:
For Applicants Outside the U.S.:
If you’re applying for an immigrant visa through consular processing with the Department of State (DOS), you must visit a panel physician located abroad. These physicians are specially authorized to perform immigration medical exams for overseas applicants.
The costs of an immigration medical examination vary and are not regulated by USCIS. Here’s how to manage expenses:
Key Points About Fees:
Cost-Saving Tips:
Proper preparation ensures a smoother process. Follow these steps:
Bring Necessary Forms and Records:
During the Appointment:
After the exam, the civil surgeon will:
Important:
USCIS will reject forms that:
Civil surgeons have specific responsibilities, including:
For detailed requirements and guidelines for civil surgeons, visit the Designated Civil Surgeons page on USCIS.
Additional Tips for a Smooth Process
The Affidavit of Support (Form I-864) is a critical step in the immigration process. It serves as a contract where a sponsor agrees to provide financial support to an immigrant to ensure they do not become dependent on public benefits. This guide simplifies the process with clear explanations and actionable steps.
The Affidavit of Support is a legally enforceable document required under Section 213A of the Immigration and Nationality Act (INA). By signing this form:
This contract remains enforceable until:
An Affidavit of Support is generally required for:
You may be exempt if you:
As a sponsor, you accept legal and financial responsibility for the immigrant. Key points:
If you fail to meet your responsibilities:
Sponsors must prove their income is:
Meeting Income Requirements:
Primary Sponsor:
Joint Sponsor:
Substitute Sponsor:
Follow these steps to complete and submit the form:
1. Preparation:
2. Completing the Form:
3. Submission:
Penalties for False Information
Affidavit of Support for “K” Nonimmigrants
Change of Address Requirements
Sponsors must file Form I-865 within 30 days of moving. Failure to do so can result in penalties, especially if the sponsored immigrant is receiving public benefits.
Resources and Forms
The Public Charge Rule affects individuals applying for adjustment of status to become lawful permanent residents (green card holders). It determines whether an applicant is likely to become primarily dependent on the government for subsistence, making them inadmissible under immigration law. Below is a simplified and updated guide to the Public Charge Rule, incorporating the latest regulations and helpful insights.
The Public Charge Rule evaluates whether an immigrant is likely to rely on public benefits for financial support. If deemed likely to become a public charge, an applicant may be denied a green card or certain types of visas. This determination is made based on several factors, including the applicant’s income, health, age, education, and family size.
On December 23, 2022, the Department of Homeland Security (DHS) implemented a final rule on the Public Charge Ground of Inadmissibility. This rule restores a fair and consistent framework similar to the 1999 Interim Field Guidance, replacing the controversial 2019 rule, which was rescinded in March 2021.
The Public Charge Rule applies primarily to individuals applying for:
Who Is Exempt?
The rule does not apply to:
USCIS evaluates an applicant’s likelihood of becoming a public charge based on a totality of circumstances approach. This includes:
Public Benefits Considered
Under the December 2022 rule, only cash assistance for income maintenance and institutionalization at government expense are considered in the public charge determination. Examples include:
Benefits NOT Considered:
Submitting Adjustment of Status Applications
Key Dates:
What to Include:
Policy Manual Update: The USCIS Policy Manual now includes updated instructions for officers and applicants to ensure consistent application of the rule.
USCIS uses a weighted system to assess positive and negative factors:
Applicants can offset negative factors with positive ones, as the assessment considers the totality of circumstances.
To strengthen your case:
Accessing Resources
For more information:
The Child Status Protection Act (CSPA) was enacted on August 6, 2002, to address issues where children applying for green cards “age out” by turning 21 before their application is processed. By freezing or adjusting the applicant’s age for immigration purposes, the CSPA ensures many applicants can still qualify as “children” and remain eligible for family or employment-based immigration benefits.
Below is a detailed, easy-to-follow guide to understanding the CSPA, who qualifies, and how it works.
Key Purpose
The CSPA helps applicants avoid losing their eligibility as a “child” (unmarried and under 21) due to long processing times for immigration petitions.
How It Works
The CSPA does not change the definition of a child but provides a method for calculating an adjusted age known as the “CSPA age.” This calculated age determines if the applicant can still qualify as a child, even if they turn 21 during the immigration process.
CSPA applies to specific categories of applicants, including:
To qualify:
1. Immediate Relatives
2. Family and Employment Preference and Diversity Visa Applicants
CSPA age is calculated using the formula:
Age at Time of Visa Availability – Pending Time = CSPA Age
Example:
The applicant qualifies as a child under CSPA.
Key Terms:
3. Derivative Refugees and Asylees
Unique Requirements:
Steps to Calculate CSPA Age
To benefit from CSPA, eligible applicants must take action within 1 year of the visa becoming available. Actions include:
If the applicant misses this timeline, USCIS may excuse delays caused by extraordinary circumstances, such as natural disasters or medical emergencies.
Naturalization of Petitioner
K-2 and K-4 Nonimmigrants
If your adjustment application was denied due to aging out, but you believe your CSPA age is under 21 under the updated policy:
Legal References and Resources
If you have a pending Form I-485, Application to Register Permanent Residence or Adjust Status, you may request to transfer its underlying basis to a different employment-based immigrant category based on a new or previously approved Form I-140, Immigrant Petition for Alien Workers. Below is a simple and detailed guide to help you understand and navigate this process.
A transfer of underlying basis allows applicants to use a different Form I-140 as the foundation for their pending Form I-485. This might be necessary if you qualify for a faster or more advantageous immigrant visa category, or if your eligibility circumstances change.
USCIS may approve your transfer request if you meet the following conditions:
Step 1: Submit a Written Request
Step 2: Include Supplement J (if required)
The Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) confirms the validity of the job offer in your Form I-140.
Step 3: Assemble Supporting Documents
Any other supporting documents requested by USCIS.
The mailing address depends on the type of transfer and whether Supplement J is included:
1. If Supplement J Is Included
Mail your transfer request and Supplement J to the centralized location:
2. If No Supplement J Is Included
Send the request to the USCIS office handling your pending Form I-485. You can find this office by:
3. If a New Form I-140 Is Filed
Submit your transfer request along with the new Form I-140 to the normal filing location for Form I-140. Do not send it to the addresses above.
When to Avoid Submitting a Transfer Request
Contacting USCIS
If you’re unsure about where to send your request or how to proceed, you can:
Legal References and Additional Information
For more details:
By carefully following these steps, you can ensure a smooth and efficient transfer process for your pending Form I-485.
Replacing a Green Card (Permanent Resident Card) is essential for lawful permanent residents who need a new card due to loss, expiration, or errors. This guide provides step-by-step instructions and tips to complete and file Form I-90 effectively.
Before filing Form I-90:
You can file Form I-90 either online or by mail.
a. Online Filing
Note: Fee waiver applications cannot be filed online.
b. Filing by Mail
Important: Incorrect filing locations may delay processing.
4. When to File
Conditional Residents: Do not use Form I-90. File Form I-751 or Form I-829 as applicable.
5. Filing Fees
6. Required Documentation
Depending on your situation, provide:
7. Filing Tips
8. Address Changes
9. Withdrawing an Application
Submit a written request to:
Note: Filing fees are non-refundable.
Checklist
Before submitting Form I-90:
For further guidance, visit the USCIS Contact Center.
What Happens If USCIS Denies Your Application?
Visit the Appeals and Motions page for more details.
Previous Versions of Green Cards
If you have an outdated version of the Green Card (e.g., Form AR-3, AR-103, or I-151), you must replace it with a current version. Older cards are no longer valid as proof of lawful permanent resident status.
Legal Requirements for Carrying a Green Card
According to Section 264 of the Immigration and Nationality Act (INA):
Helpful Resources
Transitioning to life in the United States as a new lawful permanent resident (LPR) can be both exciting and challenging. To help you adapt to your new home, this comprehensive guide provides step-by-step advice on education, employment, finances, health care, safety, and community involvement. With detailed resources and tips, you’ll be better equipped to settle in and succeed.
Learn About U.S. History and Government
The first step in integrating into your new life is understanding the foundations of the U.S. Here’s what to explore:
Resource: Download and read the “Welcome to the United States: A Guide for New Immigrants”, available in 14 languages, to gain a deeper understanding of U.S. civics and culture.
Education is a cornerstone of success in the U.S. Here’s how to navigate the system:
For Children
For Adults
Child Care
Work Authorization
Before working, ensure your Employment Authorization Document (EAD) or Green Card permits you to work legally.
Steps to Find a Job
Financial literacy is crucial for stability and growth. Here’s what you need to know:
Banking
Credit
Budgeting and Saving
Taxes
All residents are required to file taxes annually. Seek assistance from a tax preparer or free tax clinics.
The U.S. health care system can be complicated, but understanding your options is key.
Health Insurance
Finding a Doctor
Emergency Care
Emergency Contacts
Natural Disasters
Depending on your location, familiarize yourself with risks such as hurricanes, tornadoes, earthquakes, or wildfires. Create an emergency kit with:
Personal Safety
Volunteer Opportunities
Volunteering is a great way to meet people and contribute to your community. Consider:
Cultural Events
Participate in local festivals, parades, and community gatherings to celebrate diversity and connect with others.
Popular Topics for New Immigrants
Explore topics that matter most to new residents:
Additional Resources for Immigrants
Final Tips for Success
This brochure is currently available in the following languages. The information in the brochure will help refugees and asylees learn about getting settled in the United States and about the rights, responsibilities, and importance of U.S. citizenship.
As a lawful permanent resident (LPR) of the United States, commonly referred to as a green card holder, individuals enjoy various rights, privileges, and responsibilities. Understanding these ensures compliance with U.S. laws and makes the most of permanent resident status.
The first three issues are very important:
Residency Obligations
Good Moral Character
According to Section 264 of the Immigration and Nationality Act (INA):
LPRs have specific rights under U.S. law, similar to those of U.S. citizens, with a few key distinctions. Here is a breakdown.
Key Rights
Voting and Political Limitations
LPRs are required to fulfill specific legal obligations to maintain their status.
Key Responsibilities
Conditional Permanent Residents (CPRs)
Some LPRs receive conditional permanent residency, typically based on recent marriage to a U.S. citizen or an investment.
Conditions of CPR Status
Removing Conditions
Supporting Evidence
Permanent Resident Status After Approval
Abandonment or Loss of Permanent Residency
LPR status can be lost voluntarily or involuntarily under certain conditions.
Voluntary Relinquishment
Involuntary Loss
Consequences of Loss
Tax Implications of Green Card Relinquishment
Key Considerations
Early Beginnings of Green Card
Significant Legislation
Forms
Other USCIS Links
Non-USCIS Links
Understanding and adhering to these rights and responsibilities ensures that lawful permanent residents can maintain their status and make the most of their opportunities in the United States.
As a U.S. lawful permanent resident (green card holder), you may enjoy visa-free travel to several countries and territories for tourism purposes. While the privileges vary depending on the destination, this guide simplifies the process and highlights essential details for your travel plans.
Countries Allowing Visa-Free Entry
While you should always contact the country’s embassy for verification, based on current information available, these countries allow visa-free access to U.S. green card holders for tourism within the specified time limits:
Some countries require additional steps or conditions for U.S. permanent residents:
General Guidelines
Special Considerations
Tips for Hassle-Free Visa-Free Travel
By understanding the visa-free privileges available to U.S. permanent residents, you can explore new destinations with ease while adhering to each country’s specific entry requirements. Always check the latest regulations to ensure a smooth and enjoyable journey!
Yes, green card holders (lawful permanent residents) must pay U.S. taxes on their worldwide income, even if they live or earn income abroad. This guide explains your responsibilities, reporting requirements, and the consequences of non-compliance while offering practical tips for staying compliant with U.S. tax laws.
What Does Worldwide Income Mean?
Living Abroad with a Green Card
Tax Credits and Treaties
Under the Foreign Account Tax Compliance Act (FATCA), green card holders with significant foreign financial assets have additional reporting responsibilities.
Key Reporting Requirements
Failing to meet your tax obligations as a green card holder can have serious consequences, including financial penalties, immigration issues, and legal ramifications.
Penalties for Non-Compliance
Additional Resources
Understanding and adhering to U.S. tax laws is essential for green card holders, whether residing in the U.S. or abroad. Non-compliance can lead to severe consequences, but with the right guidance and tools, you can navigate your tax responsibilities effectively while safeguarding your immigration status.
IRS Assistance
Navigating U.S. tax responsibilities as a new immigrant may seem overwhelming, but understanding these basic principles will help you comply with tax laws while avoiding unnecessary penalties. Stay informed, stay organized, and seek help when needed.
Contact a tax attorney or accountant for assistance.
As a U.S. green card holder, whether you’re married to a U.S. citizen, worked in the U.S., or simply maintain permanent resident status, understanding your tax obligations is crucial—especially if you live abroad. This guide explains your responsibilities, potential consequences for non-compliance, and strategies to reduce your tax liability.
Yes. Green card holders are treated as U.S. tax residents, meaning you must report your worldwide income to the IRS every year, regardless of where you live.
An expired green card does not eliminate your tax responsibilities.
Failing to meet your tax obligations can lead to serious repercussions:
Green card holders who reside overseas can avoid double taxation by utilizing IRS programs designed for expatriates.
1. Foreign Tax Credit (FTC)
Claim tax credits for taxes paid to a foreign government.
2. Foreign Earned Income Exclusion (FEIE)
Exclude a significant portion of your foreign-earned income from U.S. taxes.
3. Foreign Housing Exclusion (FHE)
Deduct housing-related expenses from your U.S. taxable income.
It depends on the total value of your foreign accounts during the tax year.
FBAR Reporting
Filing Deadlines
Contact a Tax Attorney or Accountant for information.
Taxation of U.S. resident aliens and Publication 519, U.S. Tax Guide for Aliens.
Taxpayers living abroad and Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.
Report of Foreign Bank and Financial Accounts (FBAR).
Form 8938, Statement of Foreign Financial Assets.
Navigating U.S. tax obligations as a green card holder abroad can be overwhelming, but understanding the rules and leveraging available programs can simplify the process and minimize your liability. If you need assistance, seek professional help to ensure compliance while optimizing your tax outcomes.
General Eligibility
Categories of Eligibility
Timeline and Processing
Costs and Fees
Adjustment of Status (AOS) vs. Consular Processing
Common Problems and Concerns
Additional Concerns
For over 29 years, Herman Legal Group has been fighting for immigrants worldwide. Whether you’re a foreign national seeking a green card or a permanent resident looking to bring certain family members to the U.S., we’ll listen to your situation and explain your options in plain English.
We know the immigration process inside and out and can help you avoid headaches and expenses.
We get results for our immigrant clients.
24/7 Support, Just A Call Away!
Applying for a K-1 fiancé visa is an exciting step for engaged couples, but the process can also be complex and overwhelming. Choosing the right support—whether it’s an immigration lawyer or a visa consulting service—can make a significant difference in how smoothly your application is handled during the fiance visa process.
It’s important to understand the difference between the K-1 fiancé visa and the marriage visa. The K-1 fiancé visa requires the couple to marry within 90 days of the foreign fiancé entering the U.S., while the marriage visa (CR-1 spousal visa) allows for spousal immigration after the marriage has already taken place.
This guide provides a detailed, step-by-step overview to help you decide which option is best for you, from preparing the K-1 visa petition (Form I-129F) to completing the DS-160 form and navigating the embassy interview.
Before choosing between a lawyer and a consulting service, familiarize yourself with the key steps in the K-1 visa process for a foreign citizen fiancé:
The complexity of your case is the most important factor in deciding whether to hire an immigration lawyer or a consulting service. In some cases, extreme hardship, such as severe difficulties or cultural practices that prevent meeting in person, can be a complicating factor that may require a waiver for the K-1 visa application.
When Your Case is Straightforward
You may not need an attorney if:
When Your Case is Complicated
Consider hiring an immigration lawyer if:
Both options offer benefits, but they differ in terms of expertise, support, and cost. Additionally, there are law offices that specialize in K-1 visa applications, providing expert assistance to U.S. citizens and their foreign fiancés navigating immigration laws.
Immigration Attorney
What They Do:
Pros:
Cons:
Visa Consulting Service
What They Do:
Pros:
Cons:
Cost of Hiring an Immigration Lawyer
Cost of Using a Consulting Service
When to Prioritize Cost:
If your case is straightforward and you feel confident managing most of the process independently, a consulting service may be a cost-effective choice.
Do You Need Legal Representation?
If your case involves complications, such as a criminal record, prior visa denials, or the need for a waiver, only a licensed immigration attorney can represent you legally.
Do You Need Guidance but Not Legal Advice?
For straightforward cases, consulting services provide enough support to navigate the process without the added expense of an attorney.
Do You Prefer a Personal Touch?
Lawyers typically offer more personalized attention, which can be invaluable for couples facing stress or anxiety during the process.
Finding a Reputable Immigration Lawyer
Finding a Reliable Visa Consulting Service
Hire a Lawyer If:
Choose a Consulting Service If:
Once you’ve chosen your support system, here’s how to proceed:
If Hiring a Lawyer:
If Using a Consulting Service:
Regardless of your choice, both lawyers and consulting services will assist with visa interview and embassy interview preparation.
What to Focus On:
Pro Tip: Practice answering questions confidently and honestly to demonstrate the authenticity of your relationship.
The K-1 visa process is an exciting but complex journey for engaged couples seeking to build a life together in the United States. Choosing the right K1 visa lawyer to handle your case is one of the most critical decisions you’ll make, as it can significantly impact the success of your application.
Step 1: Understand the Role of an Immigration Lawyer
An experienced immigration attorney or lawyer specializing in K-1 visas can guide you through every stage of the process, including:
Step 2: Search for Qualified Immigration Lawyers
Finding a lawyer with the right experience and expertise is essential. Here are the best ways to begin your search:
Step 3: Evaluate Potential Lawyers
Once you’ve identified potential candidates, assess their qualifications and fit for your case:
Step 4: Prepare for the Initial Consultation
Meeting or speaking with a lawyer is your chance to evaluate their expertise and whether they’re the right fit for your case. Prepare a list of questions and gather the necessary documents to ensure a productive discussion.
Documents to Bring:
Step 5: Questions to Ask During the Interview
Here’s a comprehensive list of questions to ask when interviewing a lawyer:
Experience and Expertise
Step 6: Red Flags to Watch For
Be cautious of lawyers who exhibit the following behaviors:
Step 7: Compare and Make Your Decision
After meeting with multiple lawyers, compare your options based on the following factors:
Step 8: Sign a Fee Agreement and Begin the Process
Once you’ve chosen a lawyer, sign a written fee agreement that outlines:
Provide your lawyer with all required documents and stay actively engaged to ensure your case progresses smoothly.
The K-1 visa process is a crucial step for engaged couples planning to start their life together in the United States. Many couples hire immigration lawyers to guide them through the complexities of the application process. While many lawyers provide exceptional service, some clients encounter problems that can add unnecessary stress to an already challenging immigration process already.
This article explores the most common complaints clients have about their K-1 visa lawyers and offers tips on how to avoid or address these issues.
1. Poor Communication
What Clients Experience:
Why It Happens:
Some lawyers take on more cases than they can handle, leading to delayed or minimal communication. In other cases, support staff may act as intermediaries, leaving clients feeling disconnected from their lawyer.
Impact on Clients:
How to Address It:
2. Lack of Attention to Detail
What Clients Experience:
Why It Happens:
Lawyers juggling multiple cases or delegating work to inexperienced staff may fail to thoroughly review applications before submission.
Impact on Clients:
How to Address It:
3. High Costs and Hidden Fees
What Clients Experience:
Why It Happens:
Some lawyers underquote fees to attract clients, later adding charges for tasks that should have been included.
Impact on Clients:
How to Address It:
4. Lack of Expertise in K-1 Visas
What Clients Experience:
Why It Happens:
Not all immigration lawyers specialize in K-1 visas. Some may primarily handle other types of visas or cases, such as employment-based immigration.
Impact on Clients:
How to Address It:
5. Insufficient Support for the Embassy Interview
What Clients Experience:
Why It Happens:
Some lawyers focus primarily on document preparation and neglect interview preparation as part of their services.
Impact on Clients:
How to Address It:
6. Delegation to Inexperienced Staff
What Clients Experience:
Why It Happens:
Some law firms delegate much of the work to paralegals to reduce costs, with lawyers only stepping in for major issues.
Impact on Clients:
How to Address It:
7. Overpromising Results
What Clients Experience:
Why It Happens:
Some lawyers make exaggerated promises to secure clients, knowing they cannot control the outcome of a case.
Impact on Clients:
How to Address It:
8. Poor Case Management
What Clients Experience:
Why It Happens:
Poor organizational systems or overburdened lawyers can lead to mismanagement of cases.
Impact on Clients:
How to Address It:
The K-1 fiancé visa process can be one of the most rewarding yet frustrating journeys for engaged couples seeking to reunite in the United States. The process requires navigating multiple government agencies, including USCIS (U.S. Citizenship and Immigration Services), which oversees United States Citizenship matters, and the U.S. embassy or consulate where the foreign fiancé’s interview takes place.
Many clients encounter challenges during this journey, from delays to unexpected requests for additional evidence.
Common Problems with USCIS
1. Lengthy Processing Times
The Problem:
Why It Happens:
Impact on Applicants:
How to Address It:
2. Requests for Evidence (RFEs)
The Problem:
Why It Happens:
Impact on Applicants:
How to Address It:
3. Application Errors or Omissions
The Problem:
Why It Happens:
Impact on Applicants:
How to Address It:
4. Lack of Communication or Case Updates
The Problem:
Why It Happens:
Impact on Applicants:
How to Address It:
1. Delays in Receiving an Interview Appointment
The Problem:
Why It Happens:
Impact on Applicants:
How to Address It:
2. DS-160 Errors or Issues
The Problem:
Why It Happens:
Impact on Applicants:
How to Address It:
3. Problems During the Embassy Interview
The Problem:
Why It Happens:
Impact on Applicants:
How to Address It:
4. Administrative Processing Delays
The Problem:
Why It Happens:
Impact on Applicants:
How to Address It:
5. Lack of Transparency from Embassies
The Problem:
Why It Happens:
Impact on Applicants:
How to Address It:
Finding an Immigration Lawyer
Interviewing Potential Lawyers
Hiring an Immigration Lawyer
Working with an Immigration Lawyer
Specific Issues with the K-1 Visa Process
Communication and Collaboration
Addressing Costs and Payments
Post-K-1 Visa Support
Uncommon Questions and Issues
At Herman Legal Group, we understand that your K-1 fiancé visa application is more than just paperwork—it’s the foundation for building a life with the person you love. With decades of experience, a proven track record, and a commitment to compassionate, personalized service, our team is uniquely positioned to guide you through every step of the process.
Whether you’re filing with USCIS, completing the DS-160, or preparing for the embassy interview, we work tirelessly to ensure your case is handled with the utmost care and attention to detail. By choosing Herman Legal Group, you’re not just hiring a law firm—you’re gaining a dedicated partner committed to reuniting you with your full k1 fiancé visa, and making your immigration journey as smooth and stress-free as possible. Let us help you turn this important chapter into a successful new beginning.
24/7 Support, Just A Call Away!
Applying for a marriage visa can be an emotional and overwhelming process. From understanding the legal requirements to managing the paperwork and being eligible, it can feel like a lot to handle. A marriage visa lawyer, or an experienced immigration attorney, is your partner in this journey, providing the expertise, guidance and advocacy you need.
This guide covers:
A marriage visa lawyer is an expert in U.S. immigration law and specializes in marriage-based green cards and spousal visas. Their job is to make the process smoother, faster and error-free.
Key Tasks
Eligibility and Case Complexity Assessment
Form Preparation and Filing
Evidence Gathering
Communication with USCIS and Consulates
Interview Preparation
Appeals and Waivers
Post Approval Support
You don’t have to hire a marriage visa lawyer but it’s highly recommended. Immigration processes are confusing, time consuming and unforgiving of mistakes. Obtaining a green card through marriage involves complex procedures and legal requirements. A lawyer brings clarity, confidence and efficiency to the process.
Top Reasons to Hire a Lawyer
Immigration Expertise
Special or Complex Cases
Less Stress
Higher Approval Rates
The cost of a marriage visa lawyer varies based on location, complexity of the case and the lawyer’s experience.
Costs
Flat Fees:
Hourly Rates:
Extra Costs:
Choosing the right lawyer can make a big difference in your immigration journey. Here are the key factors to consider:
1. Expertise and Experience
2. Reputation
3. Communication Style
4. Transparency in Fees
Make sure the lawyer gives you a breakdown of their fees upfront.
Avoid lawyers who guarantee success, no lawyer can control USCIS decisions.
5. Accessibility
Drawbacks of Using an Online Platform for Your Marriage-Based Green Card or Visa
When applying for a marriage based green card or spousal visa one of the biggest decisions you’ll make is how to handle the process. Online services promise affordability and convenience but have many drawbacks compared to hiring an experienced and compassionate immigration attorney.
This article will show you the disadvantages of using online services versus working with a qualified immigration lawyer so you can make an informed decision for your immigration journey.
1. No Personalized Legal Guidance
Online Services
Immigration Attorneys
Why This Matters:
Immigration cases are not one size fits all. An online service’s inability to handle individual complexities can result in costly mistakes, delays or even denial of application.
2. Limited Human Touch and Compassion
Online Services
Immigration Attorneys
Why This Matters:
Immigration is a personal and emotional process. A compassionate attorney provides the human connection and advocacy you won’t get from a service.
3. Can’t Handle Complex Legal Issues
Online Services
Immigration Attorneys
Why This Matters:
Unexpected legal issues arise in immigration cases. Having a lawyer who can handle these issues is key to keeping your case on track.
4. Mistakes and Overlooked Details
Online Services
Immigration Attorneys
Why This Matters:
Even small mistakes can have big consequences in immigration applications. A lawyer’s attention to detail reduces the risk of delays and denials.
5. No Support for USCIS Interviews and RFEs
Online Services
Immigration Attorneys
Why This Matters:
USCIS interviews and RFEs are key parts of the immigration process. Preparation makes the difference between approval and denial.
6. Generic and impersonal document assistance
Online Services
Immigration Attorneys
7. No flexibility for changing circumstances
Online Services
Immigration Attorneys
Why This Matters:
Immigration cases involve unexpected surprises. A lawyer’s flexibility keeps your case on track.
8. No representation or advocacy
Online Services
Immigration Attorneys
Why This Matters:
Advocacy is key to overcoming obstacles and getting a fair hearing.
9. Not worth it
Online Services
Immigration Attorneys
Why This Matters:
Pay for quality legal support upfront to avoid financial and emotional pain later.
10. Emotional support and peace of mind
Online Services
Immigration Attorneys
Why This Matters:
Having someone who really cares about your case makes the process less stressful and less lonely.
When hiring a marriage immigration lawyer, clients expect a seamless experience. While many immigration lawyers are great, some clients encounter problems that make the process stressful or annoying. These can be due to miscommunication, inexperience or even neglect.
This article discusses common problems clients have with marriage immigration lawyers and how to fix them.
1. Miscommunication
What It Looks Like:
Why: Some lawyers take on too many cases and have no time for personal attention. Others rely on office staff to manage client communication and that means delays or incomplete info.
Impact on the Client:
How to Fix It:
2. Inexperience
What It Looks Like:
Why: Not all lawyers are immigration lawyers and some may not have experience with marriage-based cases.
Impact on the Client:
How to Fix It:
3. Documentation Errors
What It Looks Like:
Why: Errors happen when lawyers or staff rush to prepare documents or don’t double check submissions.
Impact on the Client:
How to Fix It:
4. Lack of Transparency
What It Looks Like:
Why: Some lawyers will avoid talking about costs or case challenges and hope to keep you happy in the short term.
Impact on the Client:
How to Fix It:
5. Overloading Clients with Responsibility
What It Looks Like:
Why: Some lawyers take on too many cases or don’t tailor their approach to each client’s situation.
Impact on the Client:
How to Fix It:
6. Lack of Advocacy
What It Looks Like:
Why: Some lawyers will prioritize easier cases or don’t have the motivation to handle disputes well.
Impact on the Client:
How to Fix It:
7. Overpromising
What It Looks Like:
Why: Some lawyers use rosy projections to get the business and hope clients won’t notice the delays or problems later.
Impact on the Client:
How to Fix It:
8. Unethical Behavior
What It Looks Like:
Why: While rare, some lawyers will put profit over ethics or lack the professionalism expected of an attorney.
Impact on the Client:
How to Fix It:
9. Case Management
What It Looks Like:
Why: Poor systems or overworked lawyers can cause oversight and inefficiency.
Impact on the Client:
How to Fix It:
10. Staff Turnover
What It Looks Like:
Why: High turnover may mean poor management or staff dissatisfaction within the firm.
Impact on the Client:
How to Fix It:
Hiring a marriage visa lawyer can be overwhelming if you’re a first timer to the immigration process. Below we have a comprehensive list of frequently asked questions (FAQs) covering common and not so common questions couples ask when looking to hire a marriage visa attorney.
Why Hire a Marriage Visa Lawyer?
Cost and Fees
Finding and Hiring a Lawyer
Legal Process and Documents
Special Cases and Situations
Other Questions
Choosing a marriage visa lawyer is a big decision that will impact your immigration journey. Whether you have a simple or complex case, having a lawyer with you is critical.
At Herman Legal Group, we know your marriage green card or visa application is more than just forms—it’s about creating a life with the one you love. With nearly 30 years of immigration experience, we have a proven success record, attention to detail and a personal approach to every case we handle.
We are not just your lawyers; we are your partners, here to guide you through this very personal journey. From error-free applications to advocating for you during tough times, our team will provide the expertise, care and dedication you need.
Trust Herman Legal Group to turn the immigration process into a smooth and stress-free experience so you can focus on what really matters—your future together.
Need More Spousal Visa Information?
Check out Herman Legal Group’ comprehensive marriage-based immigration guides:
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The K1 Fiancé Visa is confusing. Many people get mixed up information from friends, family or even online about whether it’s an immigrant or non-immigrant visa.
The K1 Fiancé Visa is one of the most special visas in the U.S. immigration system. Officially it’s a nonimmigrant visa, it allows foreign nationals to enter the U.S. to marry a U.S. citizen within 90 days of arrival. This visa category is specifically designed for K-1 visa- fiancés of U.S. citizens who plan to get married shortly after entering the country.
But its process and purpose is different from other non-immigrant visas so it’s considered a hybrid visa (has both non-immigrant AND immigrant visa features). Below we’ll go into the characteristics that make it a hybrid.
Immigrant Visa (IV):
U.S. immigration law governs the regulations and requirements for immigrant visas.
Non-Immigrant Visa (NIV):
Official Classification: Non-Immigrant Visa
The K-1 Fiancé Visa is classified as a k 1 non-immigrant visa by the U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS). The Department of Homeland Security (DHS) plays a crucial role in the classification and evaluation of K-1 visa applications.
This is based on its characteristics:
1. DS-160 Form
2. Limited Duration
3. I-134 Affidavit of Support
The I-864 Affidavit of Support used for immigrant visas is not used for K1 visas. Instead the I-134 Affidavit of Support is used, which typically applies to non-immigrant visas, such as F-1 student visas. A consular officer evaluates the I-134 Affidavit of Support to ensure the applicant has adequate financial support.
How is the K1 different from a Non-Immigrant Visa (e.g., B1/B2)?
Unlike tourist or other temporary visas:
Although it’s a non-immigrant visa, the K1 process has several elements that are typical of immigrant visas. These requirements are because of the visa’s ultimate purpose: to transition to permanent residency after marriage.
1. Immigrant Medical Exam
2. Police Clearance Certificates
3. Processed Through Immigrant Visa Units
4. Post-Visa Transition to Permanent Residency
Confusion: Foreign Citizen Fiancé
The Department of State has the K1 visa as an immigrant visa, while the Customs and Border Protection (CBP) website lists it as non-immigrant but links to immigrant visa resources.
The K-1 visa permits the foreign-citizen fiancé(e) to enter the United States for the purpose of marriage within 90 days.
Policy Implications:
To be eligible for a K-1 visa, both the foreign citizen fiancé(e) and the U.S. citizen sponsor must meet specific criteria. These requirements ensure that the couple is genuinely intending to marry and that the foreign citizen fiancé(e) can legally enter the United States. Here are the key eligibility requirements:
Meeting these requirements is crucial for the successful approval of the K1 visa application.
When applying for a K-1 visa, the U.S. citizen sponsor and the foreign citizen fiancé(e) must provide a variety of documents and evidence to support their application. Proper documentation is essential to demonstrate the legitimacy of the relationship and the couple’s intent to marry. Here’s what you’ll need:
Having all these supporting documents all ready and organized will help streamline the visa application process.
As a K-1 visa holder, the foreign citizen fiancé(e) is entitled to certain rights and protections. These are designed to ensure their well-being and provide a clear path to permanent residency. Here are some of the key rights and protections:
These rights, immigration benefits and protections are in place to support the foreign citizen fiancé(e) as they transition to life in the United States.
Certain factors can make an individual ineligible for a K-1 visa or impose restrictions on their eligibility. It’s important to be aware of these to avoid potential issues during the application process. Here are some common ineligibilities and restrictions:
Understanding these ineligibilities and restrictions can help applicants determine their eligibility and address any potential issues before applying.
Note: The information provided is general in nature and may not apply to every individual’s situation. It is recommended that individuals consult with an immigration attorney to determine their eligibility for a K-1 visa and to ensure they meet all the requirements.
Understanding the K1 hybrid is important for:
1. Applicants
2. Consular Processing
3. Legal
When applying for a K-1 visa, it’s important to budget not only for the application fees but also for any additional costs that may arise. To help you plan accordingly, check out our in-depth article on how much does the K-1 visa cost for a complete breakdown of all expenses involved.
File I-129F petition with USCIS.
This takes 5 to 12 months. After USCIS approves the I-129F petition it goes through several stages:
NVC and DOS
I-129F Validity Period
File DS-160 and schedule interview
The K-1 visa interview is a pivotal part of the application process, and thorough preparation for this step can greatly enhance your chances of success.
Prepare for Next Steps
While waiting for the interview:
Enter the U.S.
Adjustment of Status
Quick Facts
Once you arrive in the U.S. on your K-1 visa, applying for a Social Security Number (SSN) should be one of your first priorities. An SSN is essential for working, paying taxes, and accessing financial services like opening a bank account or building credit.
As a K-1 visa holder, you can apply for an SSN shortly after entering the country. Typically, you’ll need to visit your local Social Security Administration office with your passport, K-1 visa, and Form I-94 as proof of entry. These documents confirm your eligibility and help expedite the process.
The K-1 Fiancé Visa is a non-immigrant visa but has immigrant-like processes. Knowing its dual nature will help you prepare for the journey from fiancé(e) to permanent resident, and make the process easier.
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