The problem of children aging out has always been a complex issue, with many filing applications for a green card only to lose eligibility at the last minute. On February 14, 2023, USCIS updated its guidance on the Child Status Protection Act (CSPA), specifically with regards to when an immigrant visa becomes available. Children’s eligibility…
Category Archives: Family Based Immigration
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Can I Still Get A 10-Year Marriage Based Green Card If I’m Separated Or Divorced?
In a world of misinformation and uncertainty regarding Immigration I wanted to write an article regarding the process of removal of conditions where the marital relationship has ended or is heading down that path. Many individuals fear that they will not be able to obtain the 10-year green card if they are no longer living…
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How To Overcome A Lengthy Absence From The US As A Green Card Holder
Once you obtain the green card you need to be careful not to lose it. Obtaining a green card and maintaining permanent residence requires an individual to spend most of their time in the US. When COVID hit a lot of green card holders got caught outside of the US and were forced to remain…
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Obtaining A Green Card For A Parent
So, you have finally reached the end of the road and become a U.S. citizen and are wondering how to obtain a green card for your parents. Fortunately, parents are immediate relatives, which means there is no wait time for a green card, except of course the time it takes for USCIS to process the…
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DACA Renewals and the Future of the American Dream and Promise Act
In 2012, the Obama administration under the President’s executive power implemented the Deferred Action for Childhood Arrival program, better known as DACA, after congress failed to pass the more comprehensive DREAM Act which was first introduced in 2001. DACA was created to allow for applicants, or so-called Dreamers, that were brought to the U.S before…
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What To Expect During A Marriage-Based Interview?
So having filed your immigration paperwork with USCIS and after enduring the prolonged processing times USCIS has now sent you a notice asking you to appear for an interview. So, what can you expect? Clients often ask me how they can prepare for an interview and want a set list of questions; however, there is…
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USCIS Extends Validity Of I-751 And I-829 Receipt Notices From 18 To 24 Months
Another action by USCIS demonstrates that current processing times are becoming increasingly protracted. Effective September 4, 2021, USCIS announced that to accommodate current processing times for I-751 and I-829 petitions, they are increasing the validity of the receipt notices from 18 months to 24 months. Applicants who obtain a green card through a marriage where…
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How to file an Extreme Hardship Waivers for a Spouse or Parent
Filing a marriage-based petition is often considered to be one of the easiest and fastest ways for someone to obtain a green card. However, if an applicant entered the U.S. without inspection, in other words illegally, then it becomes necessary to file a Hardship Waiver. This turns a relatively straight forward process into a much…
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The 5 Year Rule – Getting Remarried as a Green Card Holder
Obtaining a green card through marriage is often described as one of the easiest ways to obtain lawful permanent residency. However, what happens if after obtaining the green card you get divorced? Can you get remarried and sponsor your new spouse? While this is certainly possible, if an individual received a green card through marriage,…