Thursday
Sep142017

When do I become an LPR (aka green card holder) after my immigrant visa?

If you are proceeding with immigrant visa processing (i.e. you had your immigrant visa interview at a U.S. Consulate abroad), you receive an immigrant visa once your application is approved.  That visa is generally valid for six months, sometimes shorter.  You must enter the U.S. within that visa validity.  It is on the date you enter the U.S. with your immigrant visa that you become an LPR (aka green card holder).  

If you are proceeding with adjustment of status (i.e. you had your adjustment of status interview at a USCIS Office in the U.S.), you will receive your green card once it is produced by USCIS.  The date issued on the green card is the date that you are officially recognized as an LPR (aka green card holder).

Thursday
Sep142017

FAQ'S about I-130A, Supplemental Information for Spouse Beneficiary

Earlier this year, USCIS issued Form I-130A, Supplemental Information for Spouse Beneficiary.

When do you have to file an I-130A?

If you are filing an I-130 Petition for a Spouse, an I-130A must be filed.  (I-130A is not required for other types of I-130 Petitions.)

What is the purpose of the I-130A?

The I-130A is intended to replace the accompanying Form G-325A, Biographic Information, that needed to be filed for marriage based I-130's.  It asks mostly the same information as was previously requested on the G-325A.

Is there an additional filing fee for the I-130A?

No.  The I-130A is supplemental to the I-130 filing and does not require a separate filing fee.

Who signs the I-130A?

The I-130 Beneficiary (foreign national spouse) signs the I-130A, if they are in the U.S.  If the I-130 is filed while the I-130 Beneficiary is outside the U.S., the I-130A does not need to be signed by the I-130 Beneficiary. 

 

 

Saturday
Mar252017

Should I apply for U.S. Citizenship? 

As the new administration continues issuing new Executive Orders which are constantly being litigated, many lawful permanent residents are living in a state of fear - and considering what impacts these Orders will have on themselves and their extended family members moving forward.  

One option available is to consider the naturalization process - your rights and privileges as a U.S. citizen are alot more certain as compared to a lawful permanent resident.  

So the question is - Are you eligible? If so, is there a threat to your lawful permanent resident status if you apply? If there is a threat, is it something that can be mitigated? Or do you have any relief avail? Is it a question of an inability to pay the filing fee? If so, are you eligible for a fee waiver?  Are you nervous about the English and Civics Test? If so, do you qualify for any exceptions or exemptions? 

If you have any doubts as to the above, speak to an immigration attorney before you file an application for naturalization.