Elaine Carol Schneider's Answers

What immigration forms do i need to petition for my husband already in the us

First, you state that your husband is already in the U.S. Immigration laws require entry pursuant to a valid visa or via a Visa Waiver country to have the potential to adjust if marrying a U.S. citizen (which you do not state that you are... ) If your husband entered illegally (EWI) entry without inspection, he will be called to his embassy for consular processing, and you will be required to file a waiver. If he has been deported/removed previously, and/or has stayed in the U.S. for a...

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Should I abandon my greencard at consulate or surrender it at US immigration?

Options: I-131 Right Reenter Permit, Overseas DS-117 Returning Resident VIsa, or Relinguish LPR status: Abandonment is the main issue on significant absences not based from employment, military, etc. You may want to relinquish your Lawful Permanent Residency. If you do so, you can also file a tax form to the IRS, and a form to the USCIS/INS Abandonment of lawful permanent resident status is irrevocable. An individual who relinquishes lawful permanent resident status but wishes to regain...

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What happens to an immigrants status if they get divorced 1 year after getting married to a U.S. citizen?

If you get divorced within the conditional permanent resident period which is the first two years-- it is no longer a given that you lose your opportunity to keep lawful permanent resident status. The law has changed to favor the immigrant's right to stay even if the marriage failed within just two years, IF the immigrant can prove that the marriage was bona fide meaning legitimate, love, good faith, and not just to obtain a green card-- for an immigration benefit. The form that is filed is...

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Under form I-485, on part 2 of the form, which check mark should i choose? form i765, number 15 current immigration status?

Part Two. (Not Part B). No, It's A NOT B. Don't ever assume anything! It's the father of all mistakes. An immediate relative spouse of USC is A, with an immediate visa number ready. B is for the derivative beneficiary such as a L adjusting to USC and her husband and children are "derivative" beneficiaries receiving permanent residence. I-765 14. H2B 15. It's CPR Adjustment Applicant-USC Spouse 16. It's (a)(9) Adustment Applicant The biographic form is G-325A YOu also will be...

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Stokes Interview on I-130 Application, New York

The I-130 and I-485 are usually processed in "one go," at the initial marriage interview. This is called a "one step," because in one step, you are having the immediate relative petition (I-130), and the adjustment of status (in marriage cases, to CPR, conditional permanent resident) adjudicated (decided) at one interview. Often, the interview takes no more than one half hour if approved. Stokes Interview. This is named after a federal court decision that requires a thorough review when...

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MARRIAGE

1. Follow state laws on obtaining a marriage license. 2. Marry at a religious institution or courthouse. 3. Obtain a marriage certificate and certified copies. 4. Both parties had to be the proper age, and single to have entered a valid marriage. Now... what's the process? If the "illegal" immigrant married on U.S. soil, the process is much more complicated-- that is not a "slam dunk" as some people think (just marry a United States Citizen) and it's your easy ticket into the United...

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Immigrant or non immigrant visa for my girlfriend & mother of my daughter

Options: K1 Fiance Visa - have her come after approved by the Consulate and given a visa, and then marry within 90 days (strict regulation), and the promptly file an adjustment of status application in the U.S. to receive conditional permanent residency. Your child apparently does not need a K2. The U.S. passport indicates U.S. Citizenship. If there was a doubt, the child would be a derivative beneficiary on the same visa, a K2. The Conditional Lawful Permanent Residency has a two year...

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Immigration officer request a 2nd interview for I485 section 245 because lack of prrof that we reside at the at our current home

You have been "Stoked." This means that you did not meet approval, but you are given a second chance. Typically, the interview is taped, and you are separated, and you are asked many questions to see if you are consistent with each other. How many bathrooms are in your home? Which side of the bed to sleep on? If you are asked to bring proof of living together at your current address-- do you have a lease, mortgage, rent checks, photos, mail addressed to you both there, driver's licenses,...

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Green card interview

You are required by law to say that you were charged with a misdemeanor possession of marijuana and received a citation. Know the quantity you had (if only a little... better-- If you had 30 grams or less, there are exceptions in the law that treat that amount less harshly. You could say that you did community service and ESAP class, restricted license and 6 months probation. If you have the paperwork , you can bring that. If you have any rehab, therapy, that type of data, bring that in case...

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What is the financial responsibility of the sponsor after immigrant has been admitted to the US and granted a green card?

YES. The Affidavit of Support sponsors the immigrant even after a divorce so that they do not become a Public Charge. If he does not work, and you do not support him, then if he collects any of a list of cash assistance, local, state, or Federal that are within the Public Charge prohibitions on the Affidavit of Support- then any of those agencies may look to the sponsor of the Affidavit of Support. If he leaves the U.S., you are off the hook. Until then, you also MUST FILE a form I-865...

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