green card through marriage (in the u.s. not in removal...

Green Card through Marriage (in the U.S. not in removal)

Level: BASIC

Susan Pai Law Office of Susan Pai, PLLC

www.StrongVisa.com

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Disclaimer

This is Continuing Legal Education (CLE) presentation, and it is not legal advice. This presentation was prepared for information purposes only for other lawyers only and deals with hypothetical or historical situations. The information is certainly not intended and should not in any way be construed as legal advice. Your receipt of this information does not in any way create an attorney-client relationship and cannot substitute for obtaining legal advice from an attorney. The presenter makes no claim about the correct interpretation of any law discussed in this article. The presenter does not make any claim about what the correct course of action might be in a particular matter. The presenter also does not make any claim that the information contained in this article is complete or correct.

Copyright 2012 Law Office of Susan Pai

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Green Card or Permanent Resident Card (LPR)


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New – Old – Really Old Green Cards: GREEN


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Resources: INA & CFR


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Resources: Caselaw (AAO, BIA, Federal Court)

Momeni v. Chertoff, March 31, 2008), the court held that a visa waiver entrant from Germany could not benefit from adjustment of status (green card application) from inside the US despite it being based on marriage to a U.S. citizen because he was in deportation proceedings.


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Resources: Memos


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Conditional GC 2 years +1 sometimes

I-751 Removal of Conditions 10 year GC (will get this first if married over 2 years)

Citizenship Can apply after 3 years if married or 5 years if not

Path to Citizenship


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Getting Retained

Retainer Structures 1.  Check Forms Only – Cheap online services 2.  Complete Forms – sign attorney name 3.  Complete Forms, do cover letter and put together package including “bona

fides” 4.  Full Service – soup to nuts


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INELIGIBLE? 8 CFR 245.1 8 CFR 1245.1 DOMA – heterosexual physically present in U.S.

How did beneficiary enter? Must be

admitted INA 101(13)(a) or paroled INA 212(d)(5)(a) Or INA 101(a)(27)(J) and 245(i) for exceptions to the “admitted” or “paroled” rule

Admitted: “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” Paroled: to permit an inadmissible alien to leave the inspection facility free of official custody, so that, although the alien is not admitted, the alien is permitted to be in the United States

First Step: Admitted or Paroled (I-94 Card/Canada)


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Ineligible? Criminal? Collateral Damage?

EWI VWP Crewmen J-1 return K-1 different spouse

•  Never left after VD or other Order of Removal

•  EWI + Illegal Re-entry •  Crimes •  Domestic Violence •  Crimes against Minors

(petitioner Adam Walsh Act) •  Voting •  Hunter/Weapon •  False Info

•  FRAUDULENT MARRIAGE

Illegal relatives on G-325A I-9 false claim to USC Ride to Interview – Not an unlawfully present friend please!

Ineligible, Criminal or Collateral Damage?


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FRAUDULENT MARRIAGES


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IN FY 2010, marriages to a USC accounted for over half of LPR immediate relative adjustments and over 25% of ALL LPR adjustments (including FB-2 spouse of LPR) *Source: Department of Homeland Security Yearbook Statistics


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How long did you date? Do you live together or “stay together”? Any babies or pregnancies outside the marriage? Any big transfers of cash? Any infidelity? Last time spouse went to doctor? Spell name? Address? Side of the bed you sleep on? Color sheets? Use sheets? Boxers or briefs? Last time you ate out? What did you order? What did you do for vacation? How and where did you spend Christmas? New Years? What did you do for spouse’s birthday? Big age difference? Any relatives illegally in the U.S.?

Determine if your clients are in a bona fide marriage

File

Don’t File


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Accurint https://personalreports.lexisnexis.com/pdfs/CD107_CP-File-Disclosure-Request-Form_pg-1.pdf


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Marriage to LPR = F2A currently processing cases filed on April 22, 2009 (estimated waiting time for available visa based on these numbers is two years)


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The Forms & Fees •  $420* •  $1,070* •  G-28 x2 •  G-325A x2 •  I-130 Petitioner •  I-485 Applicant •  I-765 EAD •  I-864 Petitioner •  I-864 Joint Sponsor •  I-693 Applicant

(Sealed) •  Passport Photos

Petitioner & Applicant

*separate checks (avoid rejection) & personal checks (first notice of case #) **don’t sign outside the box ***don’t use Acco clips – always check latest instructions on forms at www.uscis.gov

Advance Parole NO!


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The Evidence


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Petitioner’s Finances

•  Copy of Petitioner’s U.S. Birth Certificate •  Copy of Petitioner’s U.S. Passport

Petitioner is a U.S. Citizen

•  Petitioner’s last three federal tax returns

•  Copy of Joint Sponsor’s U.S. Birth Certificate •  Copy of Joint Sponsor’s Six Recent Paystubs •  Copy of Joint Sponsor’s last three federal tax returns

Joint Sponsor’s Finances


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Affidavit of Support = Contract of $upport


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•  Copy of Applicant’s Bermuda Passport with Expiration Date of 01/01/2020*

*Passport must be current and not expire for at least 6 months

•  Copy of Applicant’s I-94 demonstrating valid entry to the U.S. on 01/01/2011 in B-2 status

Applicant is a National of Bermuda

Applicant has No Criminal History

Petitioner has No Criminal History


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•  “How We Met” by Petitioner – SEE SAMPLE DOCUMENT •  “How We Met” by Applicant – SEE SAMPLE DOCUMENT •  Relationship Timeline – SEE SAMPLE DOCUMENT •  Copy of Marriage Certificate •  Copy of Birth Certificate of Child of Marriage •  Photographs of Petitioner and Applicant •  Copy of Lease Agreement signed by Petitioner and Applicant •  Copies of Joint Bank Statements of Petitioner and Applicant •  Copy of State Farm Auto Insurance Cards for Petitioner and Applicant •  Letters of Reference from family and friends attesting to the bona fide

nature of the marriage between Petitioner and Applicant – SEE SAMPLE DOCUMENTS •  Letter from John Doe, father of Petitioner •  Letter from Jane Doe, mother of Petitioner •  Letter from Linda Smith, friend and teacher of Applicant and

Petitioner •  Letter from Tony Marola, friend of Applicant •  Letter from Stephanie Johnson, friend of Petitioner •  Letter from the Smith Family, next door neighbors of Applicant and

Petitioner +++ Military, Government, Teacher, Doctor --- Pastor, Church

Petitioner and Applicant are in a Bona Fide Marriage


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The Cover Letter

See sample document


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The Interview


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INTERVIEW, INTERROGATE & INVESTIGATE

Upcoming BASICS OF FORENSIC INTERROGATIONS Upcoming BASICS OF ONLINE INVESTIGATIONS


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INTERROGATIONS 1.  The best answer is “yes officer” or “no officer” 2.  Only answer the question asked 3.  Shortest answer possible 4.  If you don’t know, you don’t know 5.  If you don’t understand, say so 6.  No matter how many times they ask, you will answer the

same way 7.  The second best answer is a short answer 8.  Don’t open doors that don’t need to be opened 9.  Techniques like you live in a box, say the answer in your

head before your say it aloud 10. Identify the type of interviewee: interrupter, talker,

talks while thinking, cultural (speaks English much better than comprehension)

11. Identify possible pathological problems like dentures, mental retardation

12. Take the interview notice away from them so they can’t be interviewed without attorney present


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GET OFF OF FACEBOOK, TWITTER, MYSPACE


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When Things Go Bad or Very, Very Bad

ICE or FDNS or Designated Fraud Officer “WE ARE FREE TO LEAVE” = LEAVE!!! Upcoming: Aggressive or Illegal ICE Tactics “ICE-Capades” Copyright 2012 Law Office of Susan Pai

Green Card through Marriage

Feel free to write to me at

[email protected]

Law Office of Susan Pai, PLLC www.StrongVisa.com

green card through marriage (in the u.s. not in removal...

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