Fiancé/Marriage/ Family

K-3 Visa: Processing for Spouses Married Overseas

The “K-3” visa is a nonimmigrant visa available to foreign national spouses of U.S. citizens. The intent of this visa is to shorten the couple’s physical separation – ordinarily, the foreign national must remain outside the U.S. during visa processing. The K-3 visa allows the foreign national to enter the U.S. and remain with the… Read more »

Divorce After Green Card: Caveats for Citizenship

What happens if I divorce after the approval of the joint petition to remove the condition (I-751) on my green card? A client whom we represented for the green card and the joint petition on removal of the condition on the green card, contacted us to tell us that he wished to divorce his U.S…. Read more »

Married Same-Sex and Straight Couples Now Treated Equally for Green Cards

The recent U.S. Supreme Court rulings on same-sex marriage mark real progress and raise many questions. Our office – indeed most immigration law offices – have been inundated with questions about the impact of the recent same-sex marriage rulings on family-based immigration.  USCIS has published an excellent FAQ that answers many of the questions that… Read more »

Same-Sex Marriage Green Card Update

Director Mayorkas of the U.S. Citizenship and Immigration Services stated publicly that same-sex marriage based green card cases could now be processed. This is truly a historic  moment and gives the go ahead for the preparation and filings of these cases. After the DOMA decision this was expected but it sure is nice to get… Read more »

Gay Marriage and Immigration Green Card Filings

Same-Sex Couples Can File For Green Card Immigration Benefits As DOMA was overturned today in a 5-4 decision by the U.S. Supreme Court ( , the next question for same-sex couples is how to apply for immigration benefits in order to process Green Cards and convert a foreign national spouse into a U.S. Permanent Resident. Note… Read more »

Who Qualifies as a ‘Child’ for Family-Based Immigration Purposes?

This is a question that comes up often as the immigration laws view children differently across various contexts. In family based green card applications a child of a U.S. Citizen is eligible to file for a green card as an ‘immediate relative’ which saves years of potential waiting time. A child, in this context, is… Read more »

Deferred Action Guidelines for Undocumented Children

In 2012 the Department of Homeland Security stated that certain undocumented youth who came to the United States before turning 16 years old who meet several key requirements as outlined in this article, may apply for “deferred action” that is currently valid for a period of two years. It is important to note that deferred… Read more »

New USCIS Proposal Would Reduce Time that U.S. Citizens are Separated from Immediate Relatives

USCIS releases proposal to change process for certain waivers of inadmissibility U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking (NPRM) in the March 30, 2012 Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa… Read more »

Proposed Waiver Rule – Good For Families

The newly proposed waiver rule could save years of waiting overseas – if it actually gets adopted. The proposed rule would allow spouses and children of U.S. citizens to apply for the waiver PRIOR to departing the U.S. to apply for the green card overseas. On January 6, 2012, U.S. Citizenship and Immigration Services (USCIS)… Read more »

Approved Green Card: Can I Travel?

My green card application has been approved – I need to travel tomorrow – what do I do? We often see cases where the Adjustment of Status (green card) application is approved within one or two days after the interview and the client is all set to travel and does not have time to wait… Read more »