Immigration

Avoid Immigration Marriage Fraud Accusations

April 14, 2012 By Tom Jr.

If you have a bona fide marriage and are an American citizen or a Lawful Permanent Resident, your foreign national spouse may enter, live, and work in the United States on a Green Card. U.S. immigration law supports and encourages marriages and families living together for public policy reasons. Public policy goals are met only if the marriages are real, not a sham, created solely for immigration purposes.

Therefore, if the USCIS (United States Citizenship and Immigration Services) has any doubt as to the validity of your marriage, you and your spouse will be subjected to a strenuous interview and investigation.

Interviews are triggered if you and your spouse are very different from one another such as you’re from different countries, don’t speak the same language, or live separately. Other differences also trigger the fraud interview: age, class, culture, and education.

What to Expect in the Marriage Fraud Interview

The marriage interview is actually two interviews. You and your spouse are interviewed separately and the results are compared. You have the right to have an attorney present.

It’s likely in your best interest to have a qualified immigration attorney present because sometimes the interviewers are bullying and threatening. It is easy to become confused and scared.

Commonly Asked Marriage Fraud Interview Questions

These are some of the questions commonly asked during marriage fraud interview:

When and where did you meet for the first time?
Could you please describe the first meeting?
What did you do for your spouse’s last birthday?
Which holidays do you celebrate together?
What activities did you do together the last time you visited?
Does your spouse have any scars or tattoos on his/her body?
Do you have joint bank accounts? If so, where?
What hours do you work?
What is your spouse’s salary?
What is your spouse’s phone number at work?
Do you have any utility bills on which you’re both listed together?
Do you have photos together from your last vacation?
Did your parents attend your wedding?
Was liquor served at your wedding? If so, what kind?
How many children do you have?
What is your child’s best friend’s name?

Where to Get Help with Immigration Marriage Fraud Interviews

Marriage fraud interviews are long, arduous, and stressful; your family and future depend upon the results. Do not go it alone. Our qualified immigration attorneys can both help you and your spouse prepare for the interview and attend the interview with you to ensure you are treated respectfully and fairly.

If you and your spouse have been ordered to participate in immigration marriage fraud interviews, your next step is to contact our immigration law office: 513-791-1673 or Thomasjr@geygan.com.

If you would like us to send you information specifically on Family Based Immigration please click the “green card” below and fill out the form. We will confirm your request with you and send you information about eligibility, filing fees and processing times.

Filed Under: Family based Immigration, Family Visas, Green Card, Immigration, Uncategorized

New Waivers for Immediate Relatives of U.S. Citizens

April 8, 2012 By Tom Jr.

If you (or a loved one) are the relative of a U.S. citizen or lawful permanent resident and your immigration status here in the United States is unlawful, you may be entitled to a waiver so you can live without fear and immigrate to the U.S. legally. The goal is to keep families together.

Under current law and procedures, families are often separated for years; such separation is against public policy. After all, family members provide each other with financial and emotional support. If family members do that, the Government doesn’t have to.
The new law would seemingly reduce family separation time.

The Federal Register Explains

As explained in the Federal Register (the daily journal of the U.S. Government), “USCIS now proposes to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers under the Immigration and Nationality Act of 1952, as amended (INA or Act), prior to departing from the United States for consular processing of their immigrant visa applications.”

Departure Still Required Under Proposed Law

This proposed waiver program offers relief, but is still a scary process. To qualify for the waiver, foreign nationals would have to waive a red flag, saying, “Here I am; and, I’m here illegally.”

The USCIS and the Department of Homeland Security (DOS) explain that the waiver is effective immediately upon departure.

You must leave the U.S.; then,
You must apply for a family member immigration visa through a U.S. consular office (in another country; presumably your own.)
If you would be qualified for the visa but for your former illegal presence, the visa will be granted.

WAIT to Apply for Two Reasons

First, to protect your best interests, always consult with a qualified immigration attorney before taking on any immigration matters or dealing with the U.S. Government. All matters discussed with your immigration lawyer are confidential.
Second, this law is not yet effective. Comments on the proposed law are being accepted until June 1, 2012. It will not be in effect until some later date. Make sure the law is actually in effect before you apply; there is no sense tipping your hat unless the law can help you.

How to Consult with an Immigration Attorney to Protect Yourself and Your Loved Ones

It’s always in your best interest to get good legal advice about immigration matters. We have immigration attorneys who can explain the current laws, the proposed waiver program, and your individual immigration matters. You can reach us at 513-793-6555, the web form below or Thomasjr@geygan.com. Contact us now.

Filed Under: Family based Immigration, Family Visas, Green Card, Immigration, Uncategorized, Waiver

Grant Money Available to Immigration Organizations

March 31, 2012 By Tom Jr.

One of the favorite parts of our jobs as immigration attorneys is to support immigrants in their goal to become U.S. citizens. In fact, one of our immigration lawyers’ wives is a naturalized citizen.

$5 Million Available in Support through Citizenship and Integration Grant Program

The United States Citizenship and Immigration Services (USCIS) announced that $5 million in grants is available to support immigration-serving organizations.

$18.3 Million Already Awarded

The Citizenship and Integration Grant Program was established in the fiscal year 2009 and has already distributed $18.3 million. A total of 111 grants have been provided.

The Program has announced that “[t]hese organizations have provided citizenship preparation services to more than 29,000 permanent residents in 30 states and the District of Columbia.”

How Grant Recipient Community Programs Help

Though free educational resources for immigrants are made available from the USCIS, many immigrants need help learning to read, write, and speak English as well as to learn U.S. citizenship materials. Without the community organizations supported by the Citizenship and Integration Grant Program, many immigrants would have no way to achieve citizenship.

For example,

Laura Patching, Acting Chief, USCIS Office of Citizenship, describes her team’s witness to an “Ethiopian refugee in her 70s, who according to the instructor had struggled to learn the basics of the English alphabet, write a practice sentence on the board for her class. This student later became a proud citizen of the United States.”

How to Apply for Funding

USCIS offers one opportunity to obtain a grant in 2012; the application is due May 7, 2012.

To apply for Citizenship and Integration Grant Program funding use this link, http://www.grants.gov/.

To learn more about the immigration support grants available go to www.uscis.gov/grants.

How to Get Immigration Legal Help

While community organizations help immigrants become U.S. citizens by helping them to pass the English and citizenship tests, our qualified immigration attorneys help by handling all the legal matters pertaining to immigration and citizenship. If you have any concerns regarding immigration and becoming a U.S. citizen, your next step is to contact our immigration lawyers at (513) 793-6555 or by email at thomasjr@geygan.com.

Filed Under: Immigration, Soap Box

TPS granted to Syria

March 30, 2012 By Tom Jr.

Eligible Syrian nationals in the United States may begin the application process

Due to the violent upheaval and deteriorating situation in the Syrian Arab Republic (Syria), U.S. Citizenship and Immigration Services (USCIS) announced today that eligible Syrian nationals (and persons without nationality who last habitually resided in Syria) in the United States may apply for Temporary Protected Status (TPS). Details and procedures for applying for TPS are provided in the Federal Register notice published today and are available at www.uscis.gov/tps.

On March 23, 2012, Secretary of Homeland Security Janet Napolitano announced her intent to designate Syria for TPS for eighteen months. The TPS designation for Syria is effective today and will remain in effect through September 30, 2013. The designation means that eligible Syrian nationals will not be removed from the United States, and may request employment authorization. The 180-day TPS registration period begins today and ends on September 25, 2012. Although the Federal Register notice erroneously states that TPS applications must be filed March 29, 2012 through September 30, 2013, USCIS will only accept applications filed through September 25, 2012. USCIS is working to correct the public information on the registration deadlilne date.

To be eligible for TPS, Syrians must meet all individual requirements for TPS, including demonstrating that they have continually resided and been continually physically present in the United States since March 29, 2012. All individuals who apply for TPS will undergo a thorough security check. Individuals with criminal records or who pose a threat to national security are not eligible for TPS and their applications will be denied.

If you would like more information on this benefit, please fill out the form below:

Syria joins El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, and South Sudan as countries currently designated for TPS.

Filed Under: Immigration, Reform/New Laws

USCIS Posts Proposed Rule on Immigration Waivers

March 30, 2012 By Tom Jr.

On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of proposed rulemaking (NPRM) in the Federal Register requesting public comment on its plan to create an improved process for certain immediate relatives of U.S. citizens to apply for and receive a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States, if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The goal of the proposed process is to reduce the time that U.S. citizens are separated from their immediate relatives while those family members go through the consular process overseas to obtain an immigrant visa.

Visit our Proposed Provisional Unlawful Presence Waivers webpage for more details.

Questions and Answers

Q1. How do I apply for the provisional unlawful presence waiver?

A1. The provisional waiver process is NOT in effect. USCIS will reject any application requesting a provisional waiver at this time and return the application and any fees filed. The provisional waiver process will only take effect after a final rule is published in the Federal Register with an effective date.

Q2. How do I comment on this proposed provisional unlawful presence waiver process?

A2. USCIS encourages the public to submit formal input on the proposed rule through www.regulations.gov during a comment period that runs from April 2, 2012 until June 1, 2012.

Q3. Why is this proposed waiver process limited to the immediate relatives of U.S. citizens who can demonstrate extreme hardship to a U.S. citizen spouse or parent?

A3. The goal of the provisional unlawful presence waiver process is to alleviate the extreme hardship certain U.S. citizens experience when they are separated for extended periods of time from their spouses, children, and parents (“immediate relatives”). USCIS expects that this new process will streamline the waiver process and reduce the length of time immediate relatives must remain abroad to obtain an immigrant visa. For additional information, see DHS Notice of Proposed Rulemaking (NPRM), section IV, Part B, Rationale for Proposed Change.

Q4. Will USCIS consider expanding this new process to relatives of lawful permanent residents who have visas that are currently available?

A4. The agency decided as a matter of policy and operations to make this process available only to immediate relatives of U.S. citizens. For additional information, see DHS Notice of Proposed Rulemaking (NPRM), section IV, Part B, Rationale for Proposed Change. As part of the rulemaking process, you may submit your views and suggestions as formal comments to the NPRM at www.regulations.gov.

Q5. Why does USCIS refer to the waiver as “provisional?”

A5. USCIS refers to the waiver as “provisional” because it will not take effect until after the applicant departs the United States, appears for his or her immigrant visa interview, and is determined by the DOS consular officer to be otherwise admissible to the United States. In the proposed process, USCIS would determine eligibility for the provisional waiver and, if the application is approvable, approve the provisional waiver before the applicant leaves the United States for the immigrant visa interview abroad.

Q6. Will I have to be fingerprinted or appear for an interview as part of the provisional waiver process?

A6. All provisional unlawful presence waiver applicants will be required to appear at a USCIS Application Support Center for biometrics collection. Generally, USCIS will not require provisional waiver applicants to appear for an interview but may schedule an interview if the facts in a particular case warrant further inquiry and review.

Q7. Will I use the current Form I-601, Application for Waiver of Grounds of Admissibility to apply for a provisional waiver?

A7. No. USCIS is developing a new form for the proposed provisional unlawful presence waiver process – Form I-601A, Application for Provisional Unlawful Presence Waiver. The application filing fee is $585.00, the same fee required for the Form I-601. There is an additional biometric fee of $85.00 for applicants who are under 79 years of age. USCIS will post the proposed form in the Federal Register for formal comment in the near future.

Q8. Can I file a fee waiver request for the provisional waiver application?

A8. No. Fee waivers will not be available for the provisional waiver application fee of $585.00 or the biometrics fee of $85.00.

Q9. What documents will I be required to file with my application for a provisional unlawful presence waiver?

A9. USCIS will include instructions with the new Form I-601A that will describe the types of documents you will need to submit with your provisional waiver application. At a minimum, USCIS will require proof that you have an approved Form I-130, Petition for Alien Relative, or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, if you are a self-petitioning widow/widower, and an immigrant visa application fee receipt from the Department of State (DOS). Failure to follow the instructions on the form or submit required documentation may result in your application being rejected or denied. For more information on proposed rejection criteria, see DHS NPRM section IV, Part E – Filing, Adjudication, and Decisions.

Q10. Will I be able to file the provisional waiver application concurrently with my Form I-130?

A10. No. To be eligible for the provisional waiver process, applicants must already have an approved I-130 or I-360. The approved petition is what starts the immigrant visa process with DOS. For more information on eligibility and filing criteria, see DHS NPRM section IV, Parts C through E.

Q11. Will I be able to file the provisional waiver application concurrently with my Form I-212, Application for Permission to Reapply for Admission Into the United States After Removal?

A11. No. Aliens who must request permission to reenter the United States after removal are not eligible for the provisional unlawful presence waiver. In addition, USCIS will not accept concurrent filings of the Form I-601A and Form I-212 or Form I-130.

Q12. Will the proposed provisional waiver process affect existing standards for unlawful presence and extreme hardship?

A12. No. The proposed provisional waiver process will not alter the criteria USCIS will use to determine if an individual qualifies for a waiver of a ground of inadmissibility or if an individual has established the requisite extreme hardship to a U.S. citizen spouse or parent.

Q13. If I get a provisional waiver, can I adjust my status without leaving the United States?

A13. No. Individuals who receive a provisional unlawful presence waiver must leave the United States to attend their immigrant visa interview with a DOS consular officer in order for the provisional waiver to take effect and for the individual to be granted an immigrant visa. However, because of the way the proposed process for adjudicating provisional waivers is designed, individuals who receive a provisional waiver will likely be separated from their U.S. citizen relatives for significantly shorter periods than is the case under the current process.

Q14. I already have an immigrant visa interview scheduled for next month in my home country. Should I cancel it so that I can apply for the provisional unlawful presence waiver when the final rule takes effect?

A14. No. If you already have an immigrant visa interview scheduled with DOS, we urge you to keep your appointment. This proposed waiver process is not in effect and USCIS will not be publishing a final rule until later this year. If you trigger the unlawful presence bars upon departure from the United States, you may still file a Form I-601, Application for Waiver of Grounds of Inadmissibility, after you have appeared for your immigrant visa appointment and DOS has determined that you are inadmissible and need to file a waiver. If you fail to appear for your consular interview, DOS may terminate your immigrant visa registration.

Q15. I am currently in removal proceedings. Will I be able to apply for a provisional waiver?

A15. As part of the rulemaking process, DHS is considering how it will address provisional waiver requests from individuals who currently are in removal proceedings. We encourage you to submit your views and suggestions on this topic as formal comments to the NPRM at www.regulations.gov. For more information about eligibility criteria, see DHS NPRM section IV, Parts C and D.

Q16. If I have already filed a Form I-601, Application for Waiver of Grounds of Inadmissibility from outside the United States, will I be able to apply for a provisional waiver?

A16. No. The proposed provisional waiver process only applies to individuals who are physically present in the United States and have not yet been scheduled for their immigrant visa interview. For more information on eligibility criteria, see DHS NPRM, section IV, Parts C and D.

Q17. What happens if I am not eligible for a provisional unlawful presence waiver?

A17. When the new process goes into effect, individuals who are not eligible for the provisional waiver process can continue to follow current agency processes for filing a Form I-601, Application for Waiver of Grounds of Inadmissibility, after the consular interview.

Q18. If I receive an approved provisional unlawful presence waiver, will I be able to work?

A18. No. Under the proposed rule, the filing or approval of a provisional unlawful presence waiver will not affect an individual’s current immigration status in the United States. A pending or approved provisional waiver also will NOT:

Provide interim benefits such as employment authorization or advance parole;
Provide lawful status;
Stop the accrual of unlawful presence;
Provide protection from removal;
Remove the requirement to depart the United States to seek an immigrant visa; or
Guarantee visa issuance or admission to the United States.

Q19. If I apply for a provisional unlawful presence waiver but USCIS denies my request, can I appeal the decision or file a motion with USCIS asking for the decision to be reopened or reconsidered?

A19. No. Aliens seeking a provisional unlawful presence waiver would not be able to file a motion to reopen or motion to reconsider or to appeal a denial of a request for a provisional waiver. Such individuals, however, may still apply for a waiver through the current I-601 waiver process. USCIS also reserves the right to reopen and reconsider on its own motion an approval or a denial at any time.

Q20. If USCIS denies my request for a provisional unlawful presence waiver will I be placed in removal proceedings?

A20. For cases where the provisional unlawful presence waiver is denied, USCIS will follow its current Notice to Appear (NTA) policy which prioritizes the types of cases USCIS will focus on for initiation of removal proceedings. For more information on USCIS NTA priorities, see USCIS Policy Memorandum, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens (November 7, 2011).

Q21. What will happen at the consular interview if I present an approved provisional unlawful presence waiver?

A21. If the DOS consular officer determines that a provisional waiver applicant, in light of the approved waiver of the unlawful presence bar, is otherwise admissible to the United States and eligible for the immigrant visa, DOS would issue the immigrant visa, allowing the individual to travel to the United States. The provisional unlawful presence waiver would become permanent and cover the periods of unlawful presence on which the waiver was based for any future benefit requests. For more information on the validity a provisional waiver, see DHS NPRM section IV, Part H.

Q22. What will happen at the consular interview if I present an approved provisional unlawful presence waiver but the consular officer determines I have other grounds of inadmissibility?

A22. If the consular officer determines that you are subject to other grounds of inadmissibility beyond unlawful presence, the approved provisional waiver is automatically revoked. If a waiver is available for the other ground(s) of inadmissibility identified by the DOS consular officer, you will need to file a Form I601, Application for Waiver of Grounds of Inadmissibility, with USCIS after the consular interview to request a waiver for all applicable grounds of inadmissibility, including any periods of unlawful presence. For more information on revocation of a provisional waiver, see DHS NPRM section IV, Part G.

Q23. How long will an approved provisional unlawful presence waiver be valid?

A23. Under the proposed rule, an approved provisional unlawful presence waiver would remain valid as long as the underlying approved immigrant visa petition (I130 or I-360) is not revoked. If DOS terminates the immigrant visa registration process or the approved immigrant visa petition is revoked, the provisional unlawful presence waiver grant also is automatically revoked. For more information on the terms and conditions for a provisional waiver and periods of validity, see DHS NPRM section IV, Parts G and H.

Q24. What happens to an approved provisional unlawful presence waiver if I reenter the United States illegally?

A24. Illegal reentry into the United States after approval of a provisional unlawful presence waiver will automatically revoke the approval. Whether an individual has a pending or an approved immigration benefit application, reentry into the United States without being admitted or paroled by an immigration officer at the U.S. border can have severe consequences; such individuals may be permanently barred from the United States.

Each waiver case is unique to the individual and family. Additionally, all I-601 waivers are discretionary, and require the individual to establish his or her eligibility based on statutory grounds and, further, establish that the alien merits an exercise of favorable discretion by the immigration authorities.

We have successfully prepared numerous I-601 applications for applicants all over the world. We will review the information you provide to us and discuss your options and chances. We look forward to helping keep your family together.