Family Member

Changing your name. Advice to newlyweds, when dealing with immigration

May 17, 2013 By Tom Jr.

A common question I as newlyweds when they come to my office to discuss getting a “green card” is what is your name? This question often causes a lively conversation about whether a woman can/should/must change her name when she gets married. In the application for a “green card” there is no requirement for the spouses to have the same last name, and in fifteen years of practicing immigration law, I have never had an officer ask why someone has or has not changed their name.
Where there have been questions, and issues is when the name change is done in some areas but not all. Part of the job of USCIS is to perform background investigations on both the petitioner and applicant. Inconsistencies and conflicting information need to be explained to the officer’s satisfaction. When the officer issues a request for evidence, this slows the process of obtaining employment authorization (work card), travel permission and the green card. An unanswered request for evidence will most likely cause the “green card” application to be denied.
Because of all of the places a name change is needed, we have created a name changing kit for our clients who are either getting married or changed their name as part of the naturalization process. This kit includes:

A notice of name change, this can be used with all of your commercial accounts such as work, banks charge card companies and the like
A change of name with Social Security
A change of name with the IRS
A change of name for your Ohio driver license
A change of name for your U.S. passport and
If you are a lawful permanent resident (“green card” holder) a change of name for USCIS

This name change kit is free for anyone to access, just fill out your first name and email address and I will email this to you right away. If you would like to speak to me about the possibilities of our office representing you, please feel free to contact me. My office information is on this website and you can reply to the email I will send you.

andmarried

Filed Under: Citizenship, Family based Immigration, Family Member, Family Visas, Green Card, Immigration, Naturalization

Family Based Adjustment of Status: Important Categories and Considerations

October 20, 2012 By Tom Jr.

Depending on the class of the relative, some relatives of current US citizens and lawful permanent residents may be eligible for an lawful residence status immediately, which reduces the wait otherwise required by an immigrant visa. Other categories will have different wait times depending on the family situation.

Immediate relatives have the least wait times for the process. Immediate relatives are classified as spouses, children under the age of 21, and parents of current US citizens (over 21). Beyond this, there are “preference categories” applied to the various groups. The “first preference category” includes any unmarried children of current US citizens age 21 or over. Unfortunately, the wait period in this scenario is usually approximately 1 year. However, should the person typically considered a “first preference” get married prior to green card ownership, that person is converted into a “third preference” category. This category is associated with a longer wait time for the immigrant visa.

A “second preference” category includes spouses and unmarried children of current lawful permanent residents. This category further divides into preference “A” and “B”. Category “A” includes spouses or children under the age of 21. Category “B” includes are for children over the age of 21. Again, this category is dependent on the initial person involved and their citizenship connection to the United States. For example, if that person becomes a U.S. citizen during this process, any spouses or children under 21 are immediately reclassified as immediate relatives. These children must be unmarried in order to classify with a connection to a lawful permanent resident; married children do not quality for this category.

The “third preference” category includes any married children of current US citizens. The wait for this category can be several years, depending on the situation.

The fourth and final category is for “fourth preference”, which is classified for brothers and sisters and current US citizens. The wait period for this category can also be long.

There is also an additional category for fiancées. There are several different petitions available for fiancées of US citizens living abroad (as well as those based in the U.S.). A K-1 visa petition allows for the sponsoring of a fiancée of a US citizen that is currently living abroad. If there are children attached to the foreign national fiancé, they are eligible for be included on a K-2 petition. If a foreign fiancée is moving to the United States to marry a current US-based citizen, that couple must become legally married shortly after the foreign male or female moves to the US, and it can be to the couples benefit to apply for the K-1 visa prior to getting married.

Filed Under: Family based Immigration, Family Member, Green Card, Immigration

Top Ten Mistakes People Make When Filing for U.S. Citizenship

August 16, 2012 By Tom Jr.

Making mistakes through the citizenship process can lead to delays or cause your application to be rejected. Avoiding common mistakes can get you citizenship much faster.

1. Filling Out the Application Illegibly
Your application will get sent back if no one can read it. USCIS.gov recommends that anyone who writes out their application by hand so do neatly. It is also important to write only in the spaces provided.

2. Forgetting to Double-Check the Application
Many people forget to double-check their applications, according to a post on the USA.gov’s blog. Leaving areas blank, writing in gray areas, or making errors on an application will cause it to be rejected. You should go over the application yourself, particularly if someone filled it out for you. Make sure that you sign it and send in all pages.

3. Using Incorrect Materials on Forms
Applicants should fill out their forms using pens with blue or black ink only. Using other colors, like red, or highlighters can make your application materials undetectable when they are scanned, according to USCIS.gov. White out can cause problems too.

4. Providing Untruthful Answers
Immigration defense attorney Meredith Brown said on SaberHacer.com that many applicants may be unaware of the consequences of “fudging” some information on their forms. Leaving out important information, like an old arrest, can then lead to problems during the interview with an immigration officer. Lying in an interview is perjury.

5. Not Submitting Evidence and Translations
Along with an application, you must submit evidence and documentation. People sometimes forget to enclose documents, or do so in a foreign language. If your documents are in a language other than English, you must submit a translation, according to USCIS.gov.

6. Failing to Pay the Correct Fee
One of the most common mistakes people make is sending in a fee for the wrong amount or not including a fee at all, according to a post on USA.gov. This leads to a rejection. Make out checks to the U.S. Department of Homeland Security and submit a separate check for each application.

7. Forgetting to Follow the Letter
Some people are given a letter by their immigration officer at the end of their interview. This letter could be asking for more documents. Not following the instructions in the letter could delay the application, according to USA.gov.

8. Sending in Information Too Soon
In a rush to get the process started, people sometimes send in their applications before they meet the requirements, according to USA.gov. Even if you are about to qualify, wait. Your application will be returned without the fee if you submit it too early.

9. Refiling Before Determining Errors
Some people refile before they understand why their application was rejected, often leading to a new rejection. USCIS.gov states that people should write to Lockboxsupport@dhs.gov before refiling.

10. Missing the Interview Without Notification
Something may come up that makes it impossible for you to make your interview. Do not simply fail to show as this leads to your case being cased, according to USCitizenship.info. Write to the office where your interview is scheduled to get a new meeting time.

The citizenship process can be long and you may want to rush to get it over as quickly as possible. However, rushing can lead to more delays and a longer process overall.

Where to Get Help if You Want to Become a U.S. Citizen
Your next step is to contact our office: 513-791-1673 or Thomasjr@geygan.com. We will gently walk you through the naturalization process, helping you to become a U.S. Citizen. In addition, we explain immigration laws; represent you in front of the Department of State, as needed; and aggressively fight for your legal rights. Contact us if you or a loved one want to become a U.S. citizen.

Filed Under: Citizenship, Family Member, Immigration, Naturalization

Beware of Online Immigration Forums

May 25, 2012 By Tom Jr.

While it can be helpful and encouraging to know that you’re not alone in the immigration process, online immigration forums can be a source of misinformation. If you act or fail to act because of something someone said in an online forum, you and your family may be at risk. Instead, always work with a qualified immigration lawyer.

The risk is so great, that the USCIS (United States Citizenship Immigration Services) just issued a warning on their blog, The Beacon.

Unlike online forums, if you read information on The Beacon or on this website, you can depend on it.
However, it’s always imperative that you get personalized advice regarding your individual situation.

The USCIS cites three examples of misinformation being circulated on online immigration forums. However keep in mind, there is much more misinformation out there.

Deadline for Green Card Approval/Disapproval

FALSE: The government (USCIS) has 180 days from the time of your green card interview to render its approval or disapproval of your application.

TRUE: There is no deadline for response to your green card application (Form I-485) and an interview is not always required for adjustment of status.

There is an internal USCIS goal of responding to an adjustment of status request within 4 months, but such is not required.

Approval/Disapproval Granted at Interview

FALSE: You will receive approval or disapproval of your adjustment of status (i.e. Green Card) application at the interview.

TRUE: First, interviews are not always required for a green card application (Form I-485) adjustment of status.

Second, if an interview is held and additional information is requested, a response to your application during the interview would be premature.

On occasion, a response is provided at an interview.

A Wife Takes Her Husband’s Name

FALSE: In marriage-based adjustment of status (i.e. Green Card) cases, the wife must take her husband’s name.

TRUE: The wife in a marriage-based adjustment of status case, may use her maiden name, her current name, or any combination of her maiden/current name and husband’s name. There is no requirement for a wife to take her husband’s name, even for a marriage-based Green Card application.

Make Sure You are Getting Your Immigration Information from a Reliable Source

While contributors to online immigration forums likely mean well, immigration law is extremely complicated and rule oriented. Misunderstanding legal requirements and how they pertain to your individual situation could have life-long consequences for your and your family.

Always consult with a qualified immigration attorney for accurate and personal advice. Do not go it alone. Your next step is to contact our immigration law office: 513-791-1673 or Thomasjr@geygan.com. We look forward to hearing from you and we’ll make sure you get the immigration information you need.

Filed Under: Adoption, Asylum, Citizenship, Deportation & Removal, Employment, Employment Visas, Family based Immigration, Family Member, Family Visas, Green Card, Green Card, Immigration, Immigration Court, Naturalization, Soap Box

How to Find and Work with a Good Immigration Lawyer

May 19, 2012 By Tom Jr.

If you or a loved one would like to come to the United States, it’s likely in your best interest to work with a good immigration lawyer. The process is intense, intimidating, stressful, and complicated. One mistake may prevent you or a loved one from entering and/or living and/or working in the United States.

Now everytime I write an artical like this one I have people ask me why tell potential clients how they can find an immigration attorney other than you? The reasons are simple and clear. First, our office provides a high level of client service, we can only help a limited number of people. Second we are not the best fit for everyone. Before we accept a new client they are reviewed for the legal services they request and their compatability with our office. When we accept a new client we are doing so with the understanding that we will be available for not only this immigration matter, but any future matter as well. We want to make sure we are a good match for the client.

How to Find a Qualified Immigration Attorney Nutshelled

It’s important to work with an attorney who focuses his or her legal practice on immigration law. To find a good immigration attorney:

Ask friends, family, neighbors, and community members for a personal referral.
Ask the local bar association or professional advisors (such as general practice attorneys, estate planning attorneys, CPAs, or financial advisors) for referrals.
Google (or use your favorite search engine) and search “How to Find a Good Immigration Attorney”.
Chat with each potential attorney and hire whomever you feel most comfortable with.

How to Work with Your Immigration Attorney

Here are some hints that will help your attorney get the job done right and in a timely manner.

Provide all documentation requested as soon as possible.
Disclose all relevant information and, if in doubt, error on the side of disclosure.
Be completely honest with your attorney, remembering that your attorney will keep everything you tell him or her confidential.
Follow your attorney’s direction. If your attorney asks you to do something, be sure to do it and do it in a timely manner.
Let your attorney know if your contact information or any information included on your immigration forms and applications changes.
Read up on your immigration matters so you understand your attorney’s direction and know what questions to ask.
Jot down your questions and concerns, so when you discuss the matter with the attorney you will get all of your questions answered.

Get Good Immigration Legal Advice

If you (or a loved one) are looking for a qualified immigration attorney, you are welcome to contact our office and schedule an in person meeting, or if you live outside the Cincinnati area a telephone meeting.

Immigration is a very specialized area of law; be sure your attorney focuses his or her practice on immigration and helping people like you. We focus our practice on immigration law and helping people visit, live in, go to school, and work in the United States. We especially love bringing families together and helping foreign nationals start a new life, even become U.S. citizens. You can reach us at 513-793-6555 or Thomasjr@geygan.com. Your next step is to contact us.