In many different types of cases, USCIS will require an Affidavit of Support for an individual to qualify for a visa or green card. This can sometimes cause confusion because there are actually two different types of affidavits of support: there is F…
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The I-130 is called the Petition for Alien Relative and approval is normally required for any family based green card or immigrant visa application. If an I-130 is denied, any subsequent application that depends upon it, such as an I-485 adjustment o…
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Amidst all the controversy surrounding the influx of unaccompanied minors into the US, few people may have realized that the National Visa Center (“NVC”) is undergoing major delays in visa processing. It seems that late last month, NVC at…
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Filing for a fiancé or K visa is a complicated process. There are a number of preliminary questions that need to be identified first before one considers proceeding along this path. If these issues are not addressed early on in the process, they cou…
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An individual who enters the United States on a tourist or visitor’s visa is ordinarily admitted for a period of six months. It is actually up to the Customs and Border Protection Officer at the port of entry how long he/she deems appropriate f…
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An individual who knowingly enters into a fraudulent marriage for purposes of evading the immigration laws may be criminally prosecuted. Under Immigration and Nationality Act (INA) section 275(c), such an individual “shall be imprisoned for not…
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What is a Deferred Inspection? Whenever a non-citizen enters the United States, he or she must be inspected by Customs and Border Protection (CBP), an arm of the Department of Homeland Security. Failure to be inspected can lead to serious and long la…
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How Can New Jersey Undocumented Aliens benefit from the I-601A Provisional Waiver Process? 1. What does the provisional waiver do? The Provisional Unlawful Presence Waiver allows for aliens who are inadmissible due to the unlawful presence bar to be…
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Just last week, USCIS quietly issued a Field Guidance Memo providing clarity and guidance to USCIS personnel on “reason to believe” issues and how they affect adjudication of Provisional Unlawful Presence Waivers. What is the Provisional…
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Too often, many conditional lawful permanent residents remain trapped in abusive marital relationships because they believe that they will lose their status if the USC/LPR spouse “cancels their file” or fails to file for their permanent g…
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