Address: 2055 Sunnydale Ave, San Francisco, CA 94134
Time: 7pm - 10pm
For more information please contact: (650)862-0441 or (415) 841-1086
Thursday, October 1, 2015
Immigration Workshop and Consultations in San Francisco on October 29, 2015
Address: 2055 Sunnydale Ave, San Francisco, CA 94134
Time: 7pm - 10pm
For more information please contact: (650)862-0441 or (415) 841-1086
Tuesday, September 1, 2015
New Immigrant and Naturalization Information Sessions held by USCIS throughout California!
Upcoming information sessions held by
USCIS -- valuable information, check it out to see if there is one happening
near you!!
Saturday 9/5
9am-11am
Naturalization 101
Folsom Public Library
411 Stafford Street
Folsom, CA 95630
Folsom Public Library
411 Stafford Street
Folsom, CA 95630
Monday, 9/14
1pm-5pm
Naturalization 101
Bakersfield Adult School
501 S. Mt. Vernon Ave.
Bakersfield, CA 93307
Tuesday, 9/15
6pm-8pm
Naturalization 101
UFW Foundation
220 18th Street
Bakersfield, CA 93301
Wednesday, 9/16
6pm-8pm
Naturalization 101
Bakersfield Adult School
501 S. Mt. Vernon Ave.
Bakersfield, CA 93307
Friday, 10/2
6:30pm-8:30pm
General Info Session
Holy Rosary Parish Hall, 315 Walnut Street
Woodland, CA 95695
Saturday, 10/3
2pm-4pm
New Immigrant Orientation
S. Natomas Library
2901 Truxel Road, Sacramento, CA 95833
Thursday, 10/8
6pm-8pm
Naturalization 101
Margaret Troke Library
502 W. Benjamin Holt Dr
Stockton, CA 95202
Saturday, 10/10
11am-1pm
Naturalization 101
Sacramento Library
828 I Street
Sacramento, CA 95814
Saturday, 10/17
10:30am-12:30pm
Naturalization 101
Fairfield Civic Ctr Library
1150 Kentucky Street
Fairfield, CA 94533
Saturday, 10/24
10:30am-12:30pm
Naturalization 101
Tracy Public Library
20 East Eaton Avenue
Tracy, CA 95376
Wednesday, 10/28
6pm-7:30pm
Naturalization 101
Patterson Public Library
46 N. Salado Ave.
Patterson, CA 95363
Thursday, August 27, 2015
Executive Action: what we HOPED would be immigration reform
On November 20, 2014, President Obama announced a series of executive actions aimed at helping the millions of undocumented people living in the United States. The initiatives included:
(1) Deferred Action for Parents of Americans (DAPA): this would allow the parents of US Citizens and Lawful Permanent Residents (green card holders) to obtain employment authorization for three years. In order to obtain such authorization, they would have to prove that they have lived in the US since January 1, 2010 and pass required background checks.
(2) Expansion of Deferred Action for Childhood Arrivals (DACA): this would allow those who arrived in the US before turning 16, graduated from high school here in the US (or obtained a GED or are currently enrolled in high school or a GED program), have lived continuously in the US since January 1, 2010 and passed required background checks, to obtain work authorization for three years. This would greatly expand the current DACA program because it has no age limit (currently, you have to been born after June 15, 1981) and would require proof of your presence in the US from 2010 until the present whereas currently, you have to show presence in the US from 2007 to the present).
(3) Expansion of the use of unlawful presence waivers to include the spouses and children of US Citizens and Lawful Permanent Residents. This would apply to people who need to consular process and who have to file a waiver for how long they have been in the US without permission. Currently, only spouses and minor children of US Citizens and LPRs can file a waiver. This would extend that eligibility to adult children.
The initiative also included cracking down on illegal immigration at the border and prioritizing the deportation of felons.
Unfortunately, the implementation of the executive actions was halted by a court case filed by 26 states against the administration, arguing that the President overstepped his executive authority. The District Court Judge on the case ordered an injunction blocking the programs from taking effect while the court considers the lawsuit. The Department of Justice then filed an emergency request to allow the programs to proceed, however, that request was denied and the programs remain "in limbo."
At this point, everything is on hold until the court case is decided. There are a myriad of opinions out there about how long this will take and whether or not the programs will ever take effect. The only guarantee at this point is that there is nothing new to report. I have spoken to so many people who are very confused about what is going on -- and rightfully so. My only advice at this point is to stay informed. People have been taken advantage of by people who supposedly know about "new" immigration programs. As I have said in previous blogs -- ASK questions. Make sure that the person/people you are getting advice from are immigration attorneys or accredited representatives.
As always, immigration law is difficult to navigate and every case is unique. This blog is meant to provide general information, and cannot address every avenue of relief that may be available to you. Additionally, immigration law is always changing and that can change options available to you. You should always consult with an immigration lawyer before filing for anything.
(1) Deferred Action for Parents of Americans (DAPA): this would allow the parents of US Citizens and Lawful Permanent Residents (green card holders) to obtain employment authorization for three years. In order to obtain such authorization, they would have to prove that they have lived in the US since January 1, 2010 and pass required background checks.
(2) Expansion of Deferred Action for Childhood Arrivals (DACA): this would allow those who arrived in the US before turning 16, graduated from high school here in the US (or obtained a GED or are currently enrolled in high school or a GED program), have lived continuously in the US since January 1, 2010 and passed required background checks, to obtain work authorization for three years. This would greatly expand the current DACA program because it has no age limit (currently, you have to been born after June 15, 1981) and would require proof of your presence in the US from 2010 until the present whereas currently, you have to show presence in the US from 2007 to the present).
(3) Expansion of the use of unlawful presence waivers to include the spouses and children of US Citizens and Lawful Permanent Residents. This would apply to people who need to consular process and who have to file a waiver for how long they have been in the US without permission. Currently, only spouses and minor children of US Citizens and LPRs can file a waiver. This would extend that eligibility to adult children.
The initiative also included cracking down on illegal immigration at the border and prioritizing the deportation of felons.
Unfortunately, the implementation of the executive actions was halted by a court case filed by 26 states against the administration, arguing that the President overstepped his executive authority. The District Court Judge on the case ordered an injunction blocking the programs from taking effect while the court considers the lawsuit. The Department of Justice then filed an emergency request to allow the programs to proceed, however, that request was denied and the programs remain "in limbo."
At this point, everything is on hold until the court case is decided. There are a myriad of opinions out there about how long this will take and whether or not the programs will ever take effect. The only guarantee at this point is that there is nothing new to report. I have spoken to so many people who are very confused about what is going on -- and rightfully so. My only advice at this point is to stay informed. People have been taken advantage of by people who supposedly know about "new" immigration programs. As I have said in previous blogs -- ASK questions. Make sure that the person/people you are getting advice from are immigration attorneys or accredited representatives.
As always, immigration law is difficult to navigate and every case is unique. This blog is meant to provide general information, and cannot address every avenue of relief that may be available to you. Additionally, immigration law is always changing and that can change options available to you. You should always consult with an immigration lawyer before filing for anything.
Monday, July 27, 2015
Important Immigration Lessons for Pacific Islander Communities
In the past few months, I have hosted several immigration seminars, workshops and informational booths in both California and Utah, targeting the Pacific Islander community. During these public venues, four key things stood out to me as issues that NEED to be addressed in the Polynesian community with regard to immigration.
First, we need to take the stigma out not having immigration status or being considered an "over-stayer." The shame and stigma associated with needing immigration help is preventing people in our communities from seeking out the information they need to actually DO something about it! I have seen this problem first hand at every informational booth we have ever had. To give you an example, at the Samoan Cultural Celebration in Utah last month, we had a good response and many people came up to ask about their "friends" or family. It was RARE, however, for a person to come and ask a question about their own situation. We saw people walk by, glance at our banner, walk by again, walk by a THIRD time -- but never actually approach us. I saw one person go as far as pretending to look at handicrafts at the booth next to ours, while covertly entering our phone number into her cell phone. This is not because she didn't WANT the information, she just didn't want other people SEEING her at the booth. As a community, we need to tell people that this is NOT something to be ashamed of and that getting the right information is KEY to tackling immigration issues.
The problem of shame and stigma goes hand--in-hand with the second issue I have noticed: failure to seek out the RIGHT help. Due to the fact that people are wary to share information regarding their immigration problems, they do not seek out advice from professionals. All to often, people go to someone they have heard about third-hand who "used to work in immigration" or "knows how to do paperwork." Some familiarity with immigration procedures does NOT mean a person is qualified to help or represent you. Unless the person is a licensed attorney or an accredited representative (i.e. someone who has been AUTHORIZED to help with immigration matters by the Board of Immigration Appeals), there is no way to be SURE that they are qualified to provide assistance with immigration matters. Moreover, there is often no way to hold them accountable if they fail to provide the services they promised. It is painful to see, but I have witnessed first hand how people in our own communities, who profess to be "experts" in immigration, take thousands of dollars and important documentation, and do nothing -- or even worse, do HARM. In order to combat this problem, I give the following advice at every workshop or seminar we host: there is a place on almost EVERY immigration form for the person who helped you to put THEIR name, and if they aren't willing to sign it -- they can't be trusted. We need to spread that knowledge and hold the people who are providing a disservice to our communities ACCOUNTABLE.
The third problem I have encountered is that immigration issues are not a priority in the Polynesian community. Immigration issues BECOME a priority when something pressing happens back home in the islands, and we need to travel -- then something has to be done within a few weeks, or even days. On a regular basis I have to tell people that we cannot get them home in time for the funeral/wedding/fa'alavelave, and it is heart-breaking. Think of immigration like the DMV, only the waiting room is your house, the paperwork is in triplicate, and you have to take your fingerprints and get a physical before the clerk will call your number. Again, as a community, we need to stress the importance of putting this FIRST. Not only because of the inconvenience it causes when you want to GO SOMEWHERE, but for so many other reasons that people never even really consider. Take retirement for example, if you have been working in the United States for decades and paying into Social Security, you cannot see a penny of those contributions without lawful immigration status. People also do not consider the fact that immigration laws constantly change and benefits/avenues to getting residency (green card) exist now, that never existed before -- or vice versa -- benefits that USED to exist, are no longer offered. Not to mention the fact that immigration filing fees have increased exponentially over the last few years and things that used to cost $200, now cost $600 or $700. There will always be things that come up that seem more important, especially with fa'alavelave added to the normal daily grind -- but we need to make sure that immigration takes a front seat for our community.
The fourth and final issue is the importance of CITIZENSHIP. Citizenship is a privilege that everyone should take advantage of. I cannot stress this enough. A lot of times, people will remain green card holders or US Nationals for decades, and never even consider taking the next step to Citizenship. Thomas Jefferson said; "The best principles of our republic secure to all its citizens, a perfect equality of rights." That perfect equality he talks about -- those rights -- those are reserved for CITIZENS. While green card holders enjoy the privilege of being here, they do not have the same rights as citizens, and that privilege can be taken away at the will of the government. Citizenship comes with the right to vote, and if our community could organize, the way other larger ethnic groups have done, we could have a very powerful voting block. Just look at the last election. Whether you support the current president or not, that election was heavily swayed by the Hispanic vote. If everyone in our community who is eligible for citizenship took the time to BECOME a citizen -- we could have that type of voice in our government.
Wednesday, April 17, 2013
UPDATE on PROVISIONAL WAIVERS - New SHORTER Procedure for Applying for a Green Card
I originally posted on this subject in January of this year, before immigration began accepting provisional waivers. Here is an update on how things are going since the program began in March:
On March 4, 2013, United States Citizenship and Immigration Services (USCIS
or "Immigration") began accepting applications under a program that reduces the time U.S.
citizens are separated from their immediate relatives (spouse, children and parents), who are in
the process of obtaining visas to become lawful permanent residents of the United States under
certain circumstances. The new policy allows qualifying applicants to apply for a provisional
unlawful presence waiver (I-601A) before they leave the United States for their immigrant
visa interviews in their home countries.
This is for people who have a US Citizen immediate relative to petition for them, but who
are not eligible to apply for residency within the U.S. For people in this situation, they have
to Consular Process, which involves returning to their country of origin and applying for an
immigrant visa to reenter the United States as a lawful permanent resident - i.e. green card
holder. The problem that most people have in this situation, is that they have been in the US
without permission for over 180 days, so when they exit the US they trigger a bar to their return.
Most commonly, people trigger what is called the 10-year bar because they have been in the US
without permission for over one year.
Once an applicant triggers a bar, in addition to applying for their visa to return to the US,
they also need to file a waiver for the time they present in the US without permission. This is
basically asking immigration to waive or "pardon" the time they were here when they shouldn't
have been. BEFORE the March 4, 2013 policy change, people would file the waiver in their
home country and wait for a decision. Decisions could take months or even years, and the
applicant would be required to wait outside the country for that entire time. The new policy,
allows certain individuals to file their waivers HERE in the US and wait for the decision HERE.
That way, before they go to attend their visa interview in their home country, their waiver will
have already been approved (hopefully) and instead of waiting months/years for a decision,
they are merely out of the country for the amount of time it takes to obtain their visa -- usually a
matter of weeks.
Please note: this only applies to people who have ONE entry into the US, and when they leave
for their visa appointment it will be their FIRST exit. If you have more than one entry or exit,
depending on how long you were in the country on each visit, you are likely NOT eligible to
consular process.
In order to be eligible for the waiver under the new rule the applicant must:
(1) be an IMMEDIATE RELATIVE of a US Citizen (this means Spouse, Parent or Child - sorry,
siblings don't count)
(2) be the beneficiary of an approve immediate relative petition (Form I-130 filed by one of the
above listed relatives
(3) be 17years of age or older
(4) be present in the US at the time of filing the application for a provisional waiver and
for biometrics (fingerprints) their local application support center
(5) have a case pending with the Department of State based on the approved I-130 petition and
have paid the immigrant visa processing fee
(6) show extreme hardship to US citizen spouse or parent
PLEASE NOTE #6 - this is where it gets a little tricky: while your US Citizen over 21 CHILD
can petition for you as your immediate relative, you cannot base the waiver on them -- i.e. the
hardship your adult child will face if you are not allowed to return to the United States does not
count. The only people that the waiver can be based on are US Citizen Spouse or Parent. This
requirement is complicated and often escapes people, so please make sure you seek competent
counsel before filing.
Additionally, there are clear factors that render you ineligible for a provisional waiver. Those
are:
(1) You are subject to another ground of inadmissibility, other than the fact that you were
present in the US without permission. This can range from criminal grounds that render you
ineligible, to multiple entries and exits as I mentioned above.
(2) You filed prior to the enactment of this policy, and the Department of State scheduled your
Immigration Visa (IV) appointment on or before January 3, 2013. USCIS has said that the
scheduling of the interview is a hard and fast rule and even if your interview was rescheduled, or
you simply did not appear for it, as long as it was scheduled for January 3, 2013 or earlier, you
are not eligible for this new policy. This rule can be worked around, but would like require a re-
filing of all of the paperwork, including new filing fees, which can be costly.
(3) You are in removal proceedings that have not been administratively closed, or proceedings
were previously closed but have since been placed back on the Immigration Court calendar.
The grounds of ineligibility are complex and require legal analysis. If you even think that one of
the above grounds applies to you, seek legal counsel before filing.
There are a couple of this regarding timing that every applicant should know: (1) if Immigration
needs more information to process your waiver, they will issue you a Request for Evidence
(RFE). You will have 30 days to respond to that request (33 if it is mailed to you). That means
that you MUST respond within 30 days or your waiver will be denied for lack of response. (2)
There is currently no timeline regarding processing times for provisional waiver. Immigration
estimated approximately 6 months for those who filed on the first day of eligibility -- March 4,
2013. Nothing official has been released regarding the current processing times.
As always, immigration law is difficult to navigate and every case is unique. This blog is meant
to provide general information, and cannot address every avenue of relief that may be available.
Additionally, immigration law is always changing and that can change options available to you.
You should always consult with an immigration lawyer before filing for anything.
On March 4, 2013, United States Citizenship and Immigration Services (USCIS
or "Immigration") began accepting applications under a program that reduces the time U.S.
citizens are separated from their immediate relatives (spouse, children and parents), who are in
the process of obtaining visas to become lawful permanent residents of the United States under
certain circumstances. The new policy allows qualifying applicants to apply for a provisional
unlawful presence waiver (I-601A) before they leave the United States for their immigrant
visa interviews in their home countries.
This is for people who have a US Citizen immediate relative to petition for them, but who
are not eligible to apply for residency within the U.S. For people in this situation, they have
to Consular Process, which involves returning to their country of origin and applying for an
immigrant visa to reenter the United States as a lawful permanent resident - i.e. green card
holder. The problem that most people have in this situation, is that they have been in the US
without permission for over 180 days, so when they exit the US they trigger a bar to their return.
Most commonly, people trigger what is called the 10-year bar because they have been in the US
without permission for over one year.
Once an applicant triggers a bar, in addition to applying for their visa to return to the US,
they also need to file a waiver for the time they present in the US without permission. This is
basically asking immigration to waive or "pardon" the time they were here when they shouldn't
have been. BEFORE the March 4, 2013 policy change, people would file the waiver in their
home country and wait for a decision. Decisions could take months or even years, and the
applicant would be required to wait outside the country for that entire time. The new policy,
allows certain individuals to file their waivers HERE in the US and wait for the decision HERE.
That way, before they go to attend their visa interview in their home country, their waiver will
have already been approved (hopefully) and instead of waiting months/years for a decision,
they are merely out of the country for the amount of time it takes to obtain their visa -- usually a
matter of weeks.
Please note: this only applies to people who have ONE entry into the US, and when they leave
for their visa appointment it will be their FIRST exit. If you have more than one entry or exit,
depending on how long you were in the country on each visit, you are likely NOT eligible to
consular process.
In order to be eligible for the waiver under the new rule the applicant must:
(1) be an IMMEDIATE RELATIVE of a US Citizen (this means Spouse, Parent or Child - sorry,
siblings don't count)
(2) be the beneficiary of an approve immediate relative petition (Form I-130 filed by one of the
above listed relatives
(3) be 17years of age or older
(4) be present in the US at the time of filing the application for a provisional waiver and
for biometrics (fingerprints) their local application support center
(5) have a case pending with the Department of State based on the approved I-130 petition and
have paid the immigrant visa processing fee
(6) show extreme hardship to US citizen spouse or parent
PLEASE NOTE #6 - this is where it gets a little tricky: while your US Citizen over 21 CHILD
can petition for you as your immediate relative, you cannot base the waiver on them -- i.e. the
hardship your adult child will face if you are not allowed to return to the United States does not
count. The only people that the waiver can be based on are US Citizen Spouse or Parent. This
requirement is complicated and often escapes people, so please make sure you seek competent
counsel before filing.
Additionally, there are clear factors that render you ineligible for a provisional waiver. Those
are:
(1) You are subject to another ground of inadmissibility, other than the fact that you were
present in the US without permission. This can range from criminal grounds that render you
ineligible, to multiple entries and exits as I mentioned above.
(2) You filed prior to the enactment of this policy, and the Department of State scheduled your
Immigration Visa (IV) appointment on or before January 3, 2013. USCIS has said that the
scheduling of the interview is a hard and fast rule and even if your interview was rescheduled, or
you simply did not appear for it, as long as it was scheduled for January 3, 2013 or earlier, you
are not eligible for this new policy. This rule can be worked around, but would like require a re-
filing of all of the paperwork, including new filing fees, which can be costly.
(3) You are in removal proceedings that have not been administratively closed, or proceedings
were previously closed but have since been placed back on the Immigration Court calendar.
The grounds of ineligibility are complex and require legal analysis. If you even think that one of
the above grounds applies to you, seek legal counsel before filing.
There are a couple of this regarding timing that every applicant should know: (1) if Immigration
needs more information to process your waiver, they will issue you a Request for Evidence
(RFE). You will have 30 days to respond to that request (33 if it is mailed to you). That means
that you MUST respond within 30 days or your waiver will be denied for lack of response. (2)
There is currently no timeline regarding processing times for provisional waiver. Immigration
estimated approximately 6 months for those who filed on the first day of eligibility -- March 4,
2013. Nothing official has been released regarding the current processing times.
As always, immigration law is difficult to navigate and every case is unique. This blog is meant
to provide general information, and cannot address every avenue of relief that may be available.
Additionally, immigration law is always changing and that can change options available to you.
You should always consult with an immigration lawyer before filing for anything.
Thursday, March 14, 2013
"Parole in Place" - special procedures for active duty military families
As I have written in previous blogs, generally, if you entered the United States without permission (i.e. just crossed the border) and you do not have an I-130 petition from before April 30, 2001, you have to exit the country to complete the green card process -- also known as consular processing. This may not be the case, however, for the immediate relatives (usually spouses) of active duty family members.
Parole in Place is a process that, if granted, allows immediate relatives of active duty military servicemen and women to remain in the United States for the entire green card application process. It basically grants the applicant the same status as a person who entered the US with permission.
Due to the fact that this is a relatively new process, there are no official guidelines, however, applicants are advised to file the following forms and documentation with their local USCIS (immigration) office:
Now this is a DISCRETIONARY request, and therefore, the applicant has to understand that they are alerting immigration to their presence in the U.S. If the I-131 is not granted, there is always a possibility (although very slim) that the applicant will be placed in removal (deportation) proceedings. Due to the risk, it is imperative that the applicant seek out legal counsel, to make sure that they have the strongest possible case to present to immigration. Also, if the applicant has ANY type of criminal record, no matter how minor, or if the applicant has entered and exited the US multiple times without permission, that can also affect their eligibility.
As with any "new" form of relief that is filed with local offices, the procedures and adjudication rates vary from place to place. For example, in some offices, they prefer the applicant to file everything together - Form I-131 and all of the forms associated with permanent residency. In other offices, they only want the I-131 and once that is approved, they will request the rest of the applications/documentation. The applicant's attorney, or the applicant, should check with their local office regarding their specific procedures for Parole in Place.
All in all, this is a great way for the immediate relatives of active service members to remain in the US while they apply for permanent residency, thus eliminating the risk and uncertainty that accompanies having to return to their home country to consular process.
Parole in Place is a process that, if granted, allows immediate relatives of active duty military servicemen and women to remain in the United States for the entire green card application process. It basically grants the applicant the same status as a person who entered the US with permission.
Due to the fact that this is a relatively new process, there are no official guidelines, however, applicants are advised to file the following forms and documentation with their local USCIS (immigration) office:
- Form I-131, Application for Travel Document with the filing fee of $360 and $85 in biometric (fingerprint) fees.
- Suggested supporting documentation:
- A letter from the active service member stating the hardship they would suffer if their family member is not allowed to adjust status to lawful permanent resident
- Marriage certificate & proof that the marriage between the service member and applicant is valid - e.g. bills, lease agreements, photos, mailings, etc.
- Birth certificates for both the service member and the applicant
- Birth certificates for children of the service member and applicant
- The applicant's military family member identification car
- A copy of Defense Eligibility Enrollment Reporting System enrollment documentation for the applicant
- Two original passport photos of the applicant
- A copy of any deployment orders for the service member
- Any additional documents substantiating the case for hardship
Now this is a DISCRETIONARY request, and therefore, the applicant has to understand that they are alerting immigration to their presence in the U.S. If the I-131 is not granted, there is always a possibility (although very slim) that the applicant will be placed in removal (deportation) proceedings. Due to the risk, it is imperative that the applicant seek out legal counsel, to make sure that they have the strongest possible case to present to immigration. Also, if the applicant has ANY type of criminal record, no matter how minor, or if the applicant has entered and exited the US multiple times without permission, that can also affect their eligibility.
As with any "new" form of relief that is filed with local offices, the procedures and adjudication rates vary from place to place. For example, in some offices, they prefer the applicant to file everything together - Form I-131 and all of the forms associated with permanent residency. In other offices, they only want the I-131 and once that is approved, they will request the rest of the applications/documentation. The applicant's attorney, or the applicant, should check with their local office regarding their specific procedures for Parole in Place.
All in all, this is a great way for the immediate relatives of active service members to remain in the US while they apply for permanent residency, thus eliminating the risk and uncertainty that accompanies having to return to their home country to consular process.
Wednesday, February 20, 2013
Falling in love very PERMANENTLY with a US Citizen while on a very TEMPORARY visa
There are certain types of visas where you cannot have a "dual intent" - as in you can't intend to remain in the U.S. permanently when you very clearly entered for temporary reasons. Those visa categories include B-1/B-2 Visitors, F-1 Students, J-1 Exchange Visitors, E-3 Visa Holder, Q Cultural Exchange Visitors, TN Visa Holders, and ESTA Visa Waiver Visitors. So what happens when you meet the love of your life who happens to be a US citizen and who happens to want to marry and petition for you to remain in the country permanently? Immigration has adopted the “30/60/90 Day Rule” used by the Department of State in their Foreign Affairs Manual (9 FAM 40.63 n4) when looking at changes to a visa that are made shortly after arriving in the United States. Here is what you need to know about that rule:
(1) If this was love at first sight, my advice would be...SLOW DOWN. If you marry within 30 days of your arrival, and then file for your residency also within that 30 days, your marriage is PRESUMED to be a fraud. Immigration officers are not romantic. They do not believe you fell in love 5 days after arriving and you just couldn't wait to get married. This presumption is virtually impossible to overcome.
(2) If you get married between 31 and 60 days of your arrival, and you file for your residency within that time as well, that takes you out of the PRESUMED fraud category, but there will still be a strong presumption that the marriage was entered into "in bad faith," i.e. just because you want a green card. This means that the application will be looked at very closely, and that when the interview comes around, you will be scrutinized. This would likely include being separated during the interview and being asked everything from which side of the bed you sleep on, to where your spouse keeps their socks. It could also mean what immigration likes to call "bed checks," which involves them showing up at your house unannounced at an ungodly hour in the morning or night to check and see that both of you are actually living together.
(3) If you marry and file 61 days or more after your entry into the country, the presumption will be that your marriage is real. Even though case law indicates that your intent when you entered the country (i.e. the fact that you inteded to stay here for longer than your visa allowed) shouldn't be a grounds for a denial of your residency, it is always best to wait (if you can) and file for your residency at least 61 days or more after you entered the US.
(4) All of the above does NOT apply if you entered the country on a Visa Waiver - that would mean that you are from what immigration likes to call a "preferred country" where you do not need to obtain a visa before entering the US, but rather you just fill out a little card on the plane that states you aren't going to stay beyond your authorized 90 days. Generally, people who entered on a visa waiver cannot apply for residency UNLESS they have an IMMEDIATE RELATIVE who is applying for them, in this case, a US Citizen husband or wife. In this situation, you want to marry AND file everything BEFORE the expiration of your 90 day visa. This cut off date is VERY IMPORTANT because while filing after the 90 days has expired is possible, it is much more risky.
As always, I have tried to describe all of this in the most simple terms and you should seek competent legal advice if you think any of the above applies to you.
(1) If this was love at first sight, my advice would be...SLOW DOWN. If you marry within 30 days of your arrival, and then file for your residency also within that 30 days, your marriage is PRESUMED to be a fraud. Immigration officers are not romantic. They do not believe you fell in love 5 days after arriving and you just couldn't wait to get married. This presumption is virtually impossible to overcome.
(2) If you get married between 31 and 60 days of your arrival, and you file for your residency within that time as well, that takes you out of the PRESUMED fraud category, but there will still be a strong presumption that the marriage was entered into "in bad faith," i.e. just because you want a green card. This means that the application will be looked at very closely, and that when the interview comes around, you will be scrutinized. This would likely include being separated during the interview and being asked everything from which side of the bed you sleep on, to where your spouse keeps their socks. It could also mean what immigration likes to call "bed checks," which involves them showing up at your house unannounced at an ungodly hour in the morning or night to check and see that both of you are actually living together.
(3) If you marry and file 61 days or more after your entry into the country, the presumption will be that your marriage is real. Even though case law indicates that your intent when you entered the country (i.e. the fact that you inteded to stay here for longer than your visa allowed) shouldn't be a grounds for a denial of your residency, it is always best to wait (if you can) and file for your residency at least 61 days or more after you entered the US.
(4) All of the above does NOT apply if you entered the country on a Visa Waiver - that would mean that you are from what immigration likes to call a "preferred country" where you do not need to obtain a visa before entering the US, but rather you just fill out a little card on the plane that states you aren't going to stay beyond your authorized 90 days. Generally, people who entered on a visa waiver cannot apply for residency UNLESS they have an IMMEDIATE RELATIVE who is applying for them, in this case, a US Citizen husband or wife. In this situation, you want to marry AND file everything BEFORE the expiration of your 90 day visa. This cut off date is VERY IMPORTANT because while filing after the 90 days has expired is possible, it is much more risky.
As always, I have tried to describe all of this in the most simple terms and you should seek competent legal advice if you think any of the above applies to you.
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