Petition for Residency/Adjustment of Status:
Did you arrive in the United States with a Visa and marry a U.S. Citizen or Permanent Resident and would like to know if you can file your case within the United States or if you should leave? It depends on two scenarios: If your permit is current, you can file your Petition for Residency and Adjustment of Status within the United States without having to leave the country (I-130 + Adjustment of Status). If your permit has already expired, you will have to ask for a waiver for illegal presence and you will have to go to an interview at the U.S. Consulate of your country (I-601A + Consular Processing). It can be beneficial to have an attorney present at the interview or advise beforehand.
Tests to prove your relationship:
Did you know that if you are applying for Marriage Residency you must have very good cohabitation tests to prove the relationship with your spouse is a good one? Here are some examples you can present at immigration: 1. Birth Certificate of children together; 2. Joint Tax Return; 3. Leases or Mortgages; 4. Joint bank accounts and credit cards; 5. Life insurance, auto insurance, health insurance; 6. Water, electricity, cable or internet service accounts; 7. Letters from friends testifying that the relationship is legitimate; 8. Photographs taken during the relationship.
Benefits of Being a Permanent Resident: A Resident can make the Petition of the following family members: 1. To your Spouse; 2. To your children of any age if they are single. It is advisable to ask the children before they reach 21 years of age since the process is more expeditious.
A Permanent Resident can apply for Citizenship, Move Freely within the United States without fear of deportation, obtain a Driver’s License, Buy Properties, Study in Public Schools, obtain your Social Security to work legally and with rights in the country.
USCIS Implements Risk-Based Approach to Conditional Permanent Resident Interviews
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced a policy update to adopt a risk-based approach by exempting conditional permanent residents (CPRs) who have filed a petition to remove conditions on their permanent resident status from interviews.
Effective immediately, the new criteria will guide USCIS officers on when to exempt CPRs who filed a Form I-751, Petition to Remove Conditions in Residence, from interviews. This update replaces the agency’s previous guidance that required all conditional permanent residents to undergo an interview if they obtained CPR status through consular processing.
“Implementing a risk-based approach to the conditional permanent resident interview process will increase efficiencies that will improve processing times and further reduce the number of pending cases, while maintaining procedures to identify fraud and protect national security,” said USCIS Director Ur M. Jaddou. “This update is consistent with the agency’s priorities to break down barriers in the immigration system, remove undue burdens on those seeking benefits, and effectively respond to stakeholder feedback and public concerns.”
The previous policy requiring mandatory CPR interviews did not prove to be an efficient use of USCIS personnel resources. Under this policy update, USCIS may waive the interview requirement if the agency officer determines that there is sufficient evidence about the good faith of the marriage, the joint filing requirement is eligible for a waiver (if applicable), there is no indication of fraud or misrepresentation in supporting documents, there are no complex facts or problems to solve, and there is no criminal record that makes the CPR removable.A non-citizen who obtains permanent resident status based on a marriage that began less than two years before obtaining that status receives permanent resident status conditionally for two years. To remove conditions on permanent resident status, family-based CPRs generally must file a Form I-751 within 90 days of two years of obtaining CPR status.
Like most immigration laws, the criteria for petition acceptance is ever changing, so it is important to hire an attorney who follows immigration laws daily. You may reach our Immigration Department seven days a week by calling 361-LUV-4USA or 361-588-4872. You may also text Marianela @ 361-885-2883. Se habla Espanol.