Immigration

There are a number of ways that foreign nationals can enter and lawfully reside in the U.S. Many foreign nationals enter the U.S. to visit, for business purposes, or for educational purposes. They are considered "non-immigrants" and are issued visas with an expiration date. This means that they are legally in the U.S. for the length of time that their visa is valid. If the foreign national stays beyond the expiration of their visa, they are considered an "overstay."

There are many reasons why a foreign national would overstay their visa. One is that they have met and married a U.S. citizen and wish to remain in the U.S. as a permanent resident and, eventually, a citizen. In order to obtain permanent residency (a "green card") the U.S. citizen spouse must petition for the foreign national spouse to remain in the U.S. The process of filling out a form and mailing it in sounds simple enough. But it is actually several forms, all with required supporting documentation, that must be submitted. A typical "marriage package" can easily be close to 100 pages long. The process can be mind-boggling. Immigration forms can be confusing, the directions are sometimes less than helpful, and generally leave you with even more questions. Is it time to call an attorney?

An experienced attorney can alleviate many of the problems that self-filers face. An attorney can provide you and your spouse with a "document checklist" of items that will need to be included in your submission packet. Many self-filers find out the hard way that one missing document will cause USCIS to return the application, unprocessed. Many selffilers also have trouble with the Form I-864 Affidavit of Support that must accompany the Petition for Alien Relative. The I-864 is the most frequently rejected form in immigration processing. The purpose of the form is to prove that the foreign national will not become a public charge. In order to do this, the U.S. spouse must be able to show an income of 125% of the federal poverty rate, depending upon household size. How is household size determined? What are the poverty guidelines? What if I don't meet the income requirements? Can someone else co-sponsor? Can the foreign national's income be counted? What documentation do I need to submit in support of the I-864? What if I can't obtain those documents?

Not only are the forms confusing, but there are other issues that may be present in your case. Is the foreign national spouse still in valid status, or have they overstayed their visa? If they've overstayed, can they be put in deportation or removal proceedings? What if they have already been put in removal proceedings? Can they still file for their greencard? These are all scenarios we have experience handling. Our immigration practice focuses almost exclusively on marriage-based or family-based immigration.

Our attorneys understand the intricacies of marriage based filing, have experience in immigration court, and are members of the American Immigration Lawyers Association. We welcome the opportunity to discuss your circumstances and unique issues. Call today for a consultation with an immigration lawyer.