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Marriage Visa vs. Fiancee Visa

As an immigration lawyer who handles many marriage and fiancee visa applications, one of the most common questions that is asked of me is: should a couple apply for the fiancee visa or just get married and apply for the marriage visa?

For couples who do not care where or when they are married, this …

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How Many Photographs Are Included In An Adjustment of Status Application?

Do you know how many photographs should be included in an application to adjust status? Is it two? or four? six? Or none? What happens if you provide the incorrect number?

Often, immigration applicants, whether seeking family immigration or employment immigration, believe that a few dollars can be saved if they submit a petition without …

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How Much Does the Marriage Visa Process Cost? Part II: Outside the United States

A common question that potential clients routinely ask me is: How much does the marriage visa process cost?

Most potential clients I speak to know some of the costs – but not all. The following is meant to outline the costs involved when the foreign national spouse is outside of the United States. Part I …

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Spoiler Alert: House, MD Convicted of Immigration Marriage Fraud

The popular tv show, House, is in its last few episodes. I would love to tell you what happens in the last few episodes – but I do not know. No spoiler here.

Based upon the recent actions of Dr. House, this is my immigration-biased guess of how the series will end. [I may be …

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My I-751 Receipt Number Is Not On The USCIS Online Status Update – Solution

Marriage Visa applicants who obtain a green card within two years of their marriage are given conditional permanent residency for a period of two years. At the end of those two years, the conditional permanent resident must apply for the removal of the conditions through an I-751 petition. The process can be completed through an …

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New Filing Location for Stand Alone I-130 Filings

The USCIS has announced that effective January 1st, 2012, it will begin accepting stand alone I-130 petitions at two different lockbox locations. The I-130 petition is used to file for an immigrant petition based upon family relationships, such as being a spouse of a U.S. citizen, child of a U.S. citizen, parent of a U.S. …

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What Does this Immigration Symbol Mean?

Have you ever wondered what the immigration abbreviations meant on your immigration visa? The following is meant to provide an answer to at least some of the abbreviations. If you are unsure what your abbreviations mean, contact a NYC immigration lawyer for assistance.

IMMIGRANTS Immediate Relatives Symbol Class Section of Law IR1 Spouse of U.S. …

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When A U.S. Citizen Spouse Dies, What Happens To the Immigrant Spouse?

Unfortunately, couples do not get to live together forever. Eventually, death overtakes one and leaves the remaining spouse alone. This time is certainly trying for any widow or widower, and is compounded when a foreign national spouse experiences the death of a U.S. citizen spouse. Many such widows and widowers start asking “what happens when …

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Does Marrying a U.S. Citizen Automatically Give You Citizenship?

True or False?

Does a foreign national automatically gain citizenship by marrying a U.S. citizen?

FALSE. Many potential clients approach family immigration lawyers thinking that as soon as a couple gets married, all of the foreign national’s immigration problems will disappear. Unfortunately, this is not the truth. A foreign national who marries a U.S. citizen …

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I-130 Beneficiary Questioned By USCIS At Work?

It was recently reported that an immigrant who was applying for an I-130 immigrant visa was confronted by an USCIS investigator while at work. The Investigator began asking the beneficiary questions and also questioned why the immigrant applicant requested that her attorney be present during the questioning. Although the USCIS is currently investigating the appropriateness …

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Overseas I-130 Immigrant Visas To Be Centralized At UCIS Address in Chicago

As has been predicted by this NYC Family Immigration lawyer, the USCIS and the Department of Homeland Security have announced that starting August 15, 2011, all I-130 immigrant visas will have the option of filing at the Immigration agency’s Chicago Lockbox.

Previously, most family-based immigrant petitioners living overseas were required to file the I-130 immigrant …

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USCIS Issues Informational Packet On Public Charge

Understanding public benefits and public charge is a difficult topic for immigrants (and immigration lawyers) to properly understand. Some programs are off limits to immigrants, while other programs are available to immigrants. Further, the programs available to U.S. citizen children differ from what maybe available to their parents.

To help the confused, the USCIS recently …

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Immigration Judge Adjusts Status For “Aged Out” K-2 Status Holder

An immigration judge in Charlotte, North Carolina has allowed a K-2 status holder to adjust status to permanent residency despite the K-2 holder having turned 21 before the adjustment of status application’s submission.

K-2 visas are issued to minor children of K-1 fiance(e)s of U.S. citizens. To qualify for the K-2, the child must be …

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Immigration Agency To Adjudicate All Adam Walsh Subject Marriage and Fiance Visas At Vermont Service Center

The Immigration agency has announced plans to adjudicate all marriage and fiance(e) visa applications subject to the Adam Walsh Act at the Vermont Service Center. The Adam Walsh Act requires that the Immigration agency affirmatively determine that a Petitioner will not be a risk to an immigration beneficiary, if that petitioner has been convicted of …

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New York City Immigration Office Holding Same-Sex Immigration Petitions?!

UPDATE: Unfortunately, the USCIS has played a cruel, unintended trick on same-sex couples. It has announced that it will continue denying same-sex marriage immigration petitions – as it will continue to enforce the Defense of Marriage Act. Now, advocates must wait for the USCIS to determine how to handle President Obama’s decision to no longer …

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