Recent Blog Posts
Will I face deportation if I divorce my U.S. citizen spouse?
In today's global society it is perfectly understandable that you may have come to the United States to marry a U.S. citizen. You may have been happily married for a few months or a year or so when things fall apart, and you end up divorcing. If you are not yet a full permanent resident, does this mean you will have to leave the United States?
What is conditional permanent residency?
If you are in the country based on your marriage to a U.S. citizen, you will have conditional permanent residency until you have been in the United States for two years. Conditional permanent residency serves as a means for ensuring you did not try to get in the United States based on a sham marriage in order to get a Green Card. Once the two years have passed, you can file a Form I-751 to remove the conditions.
What happens if I divorce while I'm still a conditional permanent resident?
If, during this conditional period, you divorce then you may need to seek a waiver allowing you to file your I-751 as an individual rather than jointly. You also need to show you entered the marriage honestly and in good faith.
How do I apply for a Green Card?
In order to legally live and work in the United States on a permanent basis, you will need a Permanent Resident Card, more commonly known as a Green Card. You may be eligible for a Green Card if you meet the criteria listed for at least one of the following categories:
- Family
- Employment
- Special Immigrant
- Refugee or Asylee Status
- Victims of Human Trafficking and Crimes
- Abuse Victims
- Registry
- Other
Your Green Card application process will depend on whether you are currently inside the United States. However, the general process is as follows:
- Another person sponsors you by filing a petition to support your case.
- Once your petition has been approved with a visa in your category, you will file a Green Card Application with U.S. Citizenship and Immigration Services (USCIS).
- You will attend a Biometrics Appointment for fingerprints, photos, etc.
What should students know about immigration and financial aid?
Undocumented immigrants in Virginia will undoubtedly have questions about how they can try to build a life in the United States. Some will focus on simply staying and avoiding deportation. For others, the goal is to attend a college or university. In addition to questions about their status, they will also want to know if they can take advantage of programs that are available to citizens and visa holders. These include college financial aid. Knowing what undocumented people can receive without it negatively impacting their status might require professional advice.
New Virginia law lets undocumented students get financial aid
A law addressing immigrants and in-state financial aid that was passed in 2021 has gone into effect in Virginia. With this new law, colleges in Virginia will let prospective and current students seek financial aid. This extends to those who have immigration issues such as being in the process of seeking asylum. This aid can be essential for many immigrants to attend schools of higher learning.
What are employment immigration preferences for professionals?
The United States is widely respected for its opportunities. People from around the globe often want to come to the U.S. to live, work and be educated to take advantage of them. Employers in the public and private sector are constantly looking for experienced and qualified professionals in a variety of areas whether that is computers, education, production, government, finance or other industries.
Those who come to the Virginia and the Washington, D.C., areas as visitors are often so enthusiastic about what the United States offers them personally and professionally that they decide to explore the avenues to move to the United States and work.
There are basic requirements and categories for prospective immigrants. Knowing them and following the rules can help with a smooth process, a fair determination and a positive outcome.
Priority and professional workers: how are they categorized?
What is a conviction, for immigration purposes?
Criminal convictions can have an enormous impact on visa holders, lawful permanent residents or anyone seeking status in the United States. While the idea of a conviction may seem obvious, like many legal terms, it's more complicated than it initially appears.
It's all about good moral character
Good moral character is one of the cornerstones of attaining and retaining, immigrant status in the U.S. Criminal convictions, or the lack of them, is a big part of establishing that character. Something that does not qualify as a conviction outside of immigration purposes may very well qualify in the context of immigration.
To qualify as a conviction, there must have been an adjudication of guilt, in some form. This could mean a finding of guilt by a judge or jury, or a plea of guilty or no contest by the individual. Even if the individual doesn't plead guilty, if they admit sufficient facts so that guilt may be implied, that could be enough to establish that a conviction has occurred, for immigration purposes.
Understanding a Request for Evidence
Applying for immigration status in the United States can be a long process. It's stressful and you likely just want it to be over. So it can come as a rude surprise when you receive a Request for Evidence. But there's no need to panic – it does not mean your application has been or is about to be denied.
Why did I get a Request for Evidence?
Every application for immigration status is assigned to a reviewing officer of the U.S. Citizenship and Immigration Services (USCIS). Their job is to determine whether your application meets the requirements of U.S. Immigration Law.
USCIS officers are bound by procedures and requirements too – if they send you a Request for Evidence (ROE), it does not mean they think there's something wrong with you; it simply means there's something missing or incomplete within your application.
What's included in a Request for Evidence?
An ROE is not intended to scare you or make you confused. In fact, clarity is the goal of an ROE. The ROE will tell you specifically which eligibility requirement has not been met and why it has not. If there's evidence required to be submitted, but it hasn't, the ROE will tell you what that evidence is. It will provide you with examples of the types of evidence that could be provided to satisfy the eligibility requirement and ask you to provide it.
Fewer immigrants want to be in the United States
For a very long time, people from other lands have had a dream to come to the United States to live and work. They believed that making such a move would improve their life and the lives of their family members. In many cases, their dreams came true. However, in some cases, their dreams were shattered and they even started to think that their life would be better if they returned to their original country.
Not only did the United States benefit immigrants from other lands but the immigrants also benefitted the United States because of the hard work and diverse culture that they contributed to the county. The volume of people coming into the country continued to increase for a long time but now it is going down, not up.
The statistics are changing
According to U.S. Census Bureau, the country's population only increased by 0.1%, which is the smallest increase since the Bureau's beginning in 1790. There are likely many different contributing factors involved with the low population growth, including diseases, people dying out in specific population-laden groups, people dying from substance abuse, suicide and other factors. In that regard, immigrants help to increase the population, which is why the United States should become attractive to them again.