Applying for Citizenship with Incorrect Documents

I am providing a situation I have recently been confronted with as an example of when this may be an issue for people trying to obtain US citizenship.
As stated by the woman involved:I'm married to a US citizen. He wants to file a residency petition for me but the problem is although I came in legally, my name was not correct on the passport. Meaning the whole thing was a fraud where I was someone else's child with a different last name. I was 5 years old. It wasn't under my control. How will this affect my process?

Advice provided by Immigration Specialists: Your husband can file for you but your inspection was fraudulent. Depending on the case law in your Circuit, this may still be considered an inspection and admission, albeit a fraudulent one. If so, your husband can petition for you but you will need a waiver to overcome the fraud that creates a ground of inadmissibility in your case. To obtain the waiver you will have to demonstrate that it will be an extreme hardship on your husband if you are not granted the waiver.

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IF you Accidentally Used an Older Version of the 1-693 Form

I would take the form back to the clinic with the request for evidence and ask that they redo it on the correct for at no charge. On January 1, 2012, there is a new form entirely so you need to get this done before that date. If the clinic gives you a problem with this, contact a local immigration lawyer denver.

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Is there any exception upon which a resident alien married to a us citizen could be deported?

If, by resident alien, you mean a lawful permanent resident, then the answer is yes. Lawful permanent residents qualify for a process called 7 year cancellation of removal. To demonstrate eligibility, you have to show 7 years of unrelinquished domicile after admission in any status, and 5 years as a lawful permanent resident. You also have to demonstrate that you do not have any convictions for an aggravated felony as defined under immigration law. Finally, you have to demonstrate that you deserve cancellation of removal in the judge's exercise of discretion. Additionally, you may qualify for "re-adjustment of status" based on your marriage to the U.S. citizen. This essentially means, you reapply for permanent resident status and start over. Through readjustment of status, you are able to keep your resident alien status.

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Time to Appeal- How many days to you have to appeal and immigration denial.

This depends on which type of immigration decision you will be appealing. Most often, if the decision is one that gives you a right to appeal, the decision will tell you how long you have to appeal. If it is not clear on the face of the decision, you should consult with Colorado immigration attorneys.

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Can a M1 Visa Approved for One School, Work For Attending Another School

You have to get a separate I-20 from the new school before you can enter and will need to get a new M-1 visa.

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H1B Expiring Shortly- Will Marriage to a US Citizen Allow for a Person to Stay

If you get married and are in a spousal relationship and file for adjustment of status you are in a "period of stay authorized by the Attorney General" Since you do not have a valid I-94, you are not, technically, in legal status and DHS could seek to remove you. Practically speaking, however, they rarely initiate removal proceedings against individuals who have overstayed an I-94 or are out of status and who have a bona fide application for adjustment of status pending. 

You are well advised to get married and file as quickly as possible. Once the adjustment of status is pending, you can obtain independent work authorization and travel permission. You cannot work or travel until you receive those documents.

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Applying for Asylum to Leave Country with US born Baby

A woman wants to apply for asylum because she is unable to get a Visa for her baby to leave the country. The reason for this is because in order to do so, both parents need to present a password, which her husband does not have.

The mere fact that she cannot change to another status does not provide a ground for applying for asylum. She can only apply for asylum based on past persecution or a well founded fear of future persecution on account of your race, religion, nationality, political opinions or membership in a particular social group. There may be other ways of getting a visa for her baby, and she can negotiate those with the host country, but based on the information she presented, the fact that she cannot obtain a visa will not provide grounds for asylum.

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Waivers for free renewals of Green Cards

In reference to immigration in Denver Colorado and fee waivers,  the poverty guidelines are just one of the factors that USCIS will consider when adjudicating a fee waiver. To obtain this waiver, you must demonstrate income at 150% of the poverty guidelines for your family size and you meet that requirement. In addition, USCIS will consider whether anyone in your family who is qualified is receiving means-tested public benefits. Finally, USCIS will consider any other humanitarian factors that you want them to consider. The fee waiver is filed on form I-912 and instructions can be found on the form.

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Yes, Family Members can Sponsor an Illegal Immigration

For family based petitions, you should consult the visa bulletin to see the types of relationships that can qualify for family based immigration. Click here to access more information.

Additionally, you can obtain sponsorship through an employment based petition.

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Guidelines to Follow in order for Immigration or USCIS to Recognize a Marriage

When recently asked if immigration would recogonize a Dudeist marriage, and whether it could potentially cause problems, I pleasingly responded.

Under Colorado law anyone can solemnize a marraige including the couple themselves. You must apply for a valid Colorado marriage license and must register the marriage, but the demonination or belief system of the person conducting the marraige is irrelevant for purposes of whether the marriage is legally valid under Colorado Immigration law. The key is that you must obtain the marraige license and certificate from a clerk of a county court.

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The Importance of Proving Your Marriage is Valid

When requested to verify your marriage is valid, it is ultimately your burden to prove. You do this through objective evidence of the relationship such as joint taxes, joint bank accounts, travel tickets, mutual purchases, correspondence, etc. If the I-130 has already been approved by USCIS, there is a presumption of regularity in the marraige and the consulate would have to send the case back to USCIS with a request that the I-130 be revoked. At that time, USCIS would send you a Notice of Intent to Revoke and would allow you time to send additional documentation and evidence of the marriage. If they determine that the original decision was correct, they will reaffirm the approval and send the case back to the consulate for a second interview. If they determine the original decision was invalid, they can revoke the I-130. 

It is also possible that after investigation, the consulate will be satisfied by the evidence provided and will approve the I-130 and issue the immigrant visa.

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Applying for a Green Card to Marry Someone After being Involved in a Domestic Violence Dispute

After being charged with domestic violence, can a female citizen still marry the man involved who is also the father of her baby. Is she still able to help him obtain a green card?

Advice Offered by myself, a Colorado Immigration Lawyer:

Possibly, but there is a lot more information I would need to know to determine the best course of action. The answer depends on whether he entered legallly or illegally. If he entered legally, and you get married to him, he can remain in the United States and apply for permanent residence on the basis of the marriage. He must demonstrate that he entered the U.S. legally and that the marriage is a real marriage not solely for the purpose of immigration benefits. He files a packet of forms with the United States Citizenship and Immigration Service through a process called adjustment of status. While the application is pending, he is entitled to work authorization. Depending on the nature of the crime, he may be inadmissible as a permanent resident and may need to seek a waiver of the crime. To obtain the waiver, he would have to demonstrate that it would be an extreme hardship on you or his lawful permanent resident or U.S. citizen parents or children. If the waiver is approved, the adjustment of status can be granted.

If the case is approved, he will be issued a conditional permanent resident card that is valid for two years. At the end of the two year period, you must both file another petition called a joint petition to remove conditions on residence and prove that the marraige is still valid. If approved, they will issue him a 10 year unrestricted permanent resident card.

If he entered illlegally, then, most likely, he will have to leave the U.S. to process his paperwork. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send you forms that you must complete on behalf of your spouse, including the affidavit of support. The affidavit of support is to demonstrate that you have sufficient income to prevent your spouse from obtaining welfare. After you complete the forms and send them to the National Visa Center, your spouse will be scheduled for an interview at the consulate. There, they will determine if there is anything in your spouse's past that would prevent him from immigrating such as crimes, immigration violations, etc. Because he has been in the U.S. illegally for more than a year, he will need a waiver of his unlawful presence in addition to a possible waiver for his crime. If everything goes well, he will enter as a permanent resident,subject to the two year rule described above.

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Can Someone Divorce their Wife & Marry Another Woman while I-130 is in Process?

The answer depends on the status on which you entered the U.S. If you entered on a Colorado K-1 Visa, then you cannot adjust status based on any marriage other than the marriage on which you entered. If you entered in another status, then you may be able to divorce your current wife, remarry and adjust status based on the second marriage.

Be aware, however, that to obtain permanent residence based on the second marraige, you will have to demonstrate that both of the marriages were bona fide marriages entered into for legitimate reasons. This means that you will have to have objective evidence for both marriages that you intended to live together as a married couple. If you cannot prove this, then the judge may deny adjustment of status.

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Master and Individual Hearing for Immigration cases

For those of you wondering how long after the master hearing does the judge usually set the individual hearing for regarding immigration cases-               That depends on the jurisdiction and the judge to which your case is assigned. It also depends on whether you are detained or on the non-detained docket. For Colorado Citizenship, we have four judges on the non-detained docket. Average time between the Master and the Individual hearing is approximately 1-3 years.

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Bypassing FBI/CBI to Change Middle Name to Husband's Name Based on Marriage Certificate

You can change your name during the citizenship application process. But to legally change it independent of the citizenship process, you have to go through the court.

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Different expiration dates on DS and in Passport.

In this post, I will explain What happens if your passport expires in Dec 2011 but your DS was only valid until March 2011. I will also address the topic of re-entry after overstaying a visit to the US.

As I understand your facts, your visa is valid until December 2011, but your DS form was only valid until March 2011. If that is the case, your J-1 (Training and Exchange Visa) program ended March of 2011 and you would have had an additional 60 day grace period to remain after the termination of your J-2 program. However, if the DS form is no longer valid because the program ended in March of 2011, you cannot use the J-1 visa to enter the U.S. You will need to get a new visa to enter the U.S. The fact that you overstayed the prior J-1 visa may make it more difficult to obtain a new visa.

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US Resident by Joining Navy wants to marry an Illegal Alien

The woman considered an illegal alien came here in 2001 with her mother and wants to marry a young man who became a US citizen through joining the navy. The couple wants to marry without having her return to her country.

My advice to this young man seeking legal advice was:
Once you are married, you can file for your spouse. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, however, there will be a wait of several years because there is a backlog in the category for spouses of a permanent resident. As a member of the military, however, you qualify for expedited citizenship.

If you obtain citizenship, there is no limit to the number of visas available to spouses of U.S. citizens so your wife would not be subject to a backlog and could immigrate immediately.

The next issue is whether she entered legally or illegally. If she entered legally, and you get married and you obtain citizenship, she can remain in the United States and apply for permanent residence on the basis of the marriage. She must demonstrate that she entered the U.S. legally and that the marriage is a real marriage not solely for the purpose of immigration benefits. She files a packet of forms with the United States Citizenship and Immigration Service through a process called adjustment of status. While the application is pending, she is entitled to work authorization and travel permission. If the case is approved, she will be issued a permanent resident card. Then, as the spouse of someone in the military, she can immediately file for permanent residence.

If she entered illlegally, then there is a process by which spouses of military members can apply for "parole in place" This process takes the individual from being undocumented to documented in the United States. If approved, she would be issued an I-94 card that is evidence of lawful status in the U.S. With that status, she would then be able to file for adjustment as explained above. Parole in place is discretionary, so she would need to review her immigration and criminal history with a colorado immigration attorney to assess her chances of obtaining parole in place. We have been successful in getting parole in place in many similar military cases.

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Are PhD Students Granted Residency Following Graduation?

The answer is yes, but not without difficulty. Foreign Medical Graduates are usually here in J-1 status and as a foreign medical graduate you will be subject to a two year foreign residency requirement before you can work in the U.S. in H-1B professional status and before you can seek permanent residency. There are waivers of the two year foreign residency requirement and those waivers require you to work for an interested government agency, or work in an underserved area in a primary care capacity or to seek a hardship waiver. The waivers can be difficult to obtain, but they are granted.

If you get the waiver, you can then proceed to H-1b or permanent resident status. You should definitely consult with colorado immigration lawyers who has experience in such matters.

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What Happens when your 1-20 for F1 Visa is Suspended

A client requested information regarding what happens when their 1-20 for F1 Visa is suspended.

The reason they were asking was because there was a mix up at this person's school, which caused their 1-20 to be wrongfully suspended. After this happened, they were contacted by an ICE agent who informed them that they needed to fix it or leave the country ASAP. The client was inquiring about whether there would be an outstanding warrant for their arrest.

The truth is that there probably is not a warrant. If there was, the ICE agent  would have taken you into custody. However, you are clearly on the radar screen and need to do what you can to fix your status. It is possible that you may be able to "reinstate" your student status. You do this by obtaining a new and valid I-20 from the school and filing form I-539 application for reinstatement to student status.

If the school was at fault for the failure to maintain status, the school might be willing to assist you with the reinstatement process. Otherwise, you will want to consult with an immigration lawyer in Denver Colorado.

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Applying for a license after Visa Approval

Being familiar with Colorado Immigration Law, I am often asked about when a legal immigrant is able to apply for a license. In Colorado, the law requires  that you have proof of "lawful status" before obtaining a driver's license. If your case was adminstratively closed because you have a pending I-485 application for permanent residency, you can file for work authorization and once it is approved, you can obtain a social security card. With the work authorization and social security card, you will be eligible for a drivers license.

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