People who are inadmissible are not permitted by U.S. Immigration Law to enter the United States or get a green card or immigrant visa unless they apply for a waiver which "forgives" the person's inadmissibility. There are many ways to present a strong waiver case, and there are some factors that the USCIS considers particularly strong and they should be highlighted if they apply. Learn more about how to present a strong waiver case.
We recently had a green card approval for a Colombian national based on his marriage to his U.S. citizen husband. Since the 2013 repeal of the discriminatory Defense of Marriage Act, marriage based US immigration benefits have been available to both same-sex and opposite-sex couples. We understand there may be concerns specific to LGBTQ couples and we are here to guide you through them.
A K-1 visa is a temporary, non-immigrant visa issued to the fiancé or fiancée of a United States citizen to enter the United States. It requires that the couple get married within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Card holder).
Many of our clients ask what type of documentation they need to show the U.S. Citizenship and Immigration Services (USCIS) to prove their family relationship. They often think, "Well, ours is a real marriage, the officer should be able to see that." The fact is, proving the bona fides of one's marriage can be more challenging than people expect. We have provided a non-exhaustive list of documents we recommend our clients to include with their marriage-based petition.
A conditional permanent resident receives a green card valid for 2 years, based on marriage or investment. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or you will lose your permanent resident status.