Law Office of Jae LeeLaw Office of Jae Lee
Phone 972-905-2170

Plano, Texas, Immigration Law Blog

Make the most of a green card marriage interview

Many Texas immigrants hope to obtain a permanent resident legal status in the United States. Those who have married U.S. citizens will, at some point, attend a green card/marriage interview. Answering questions during an official immigration interview can be quite stressful, and not performing well can ultimately place one's status at risk.

The purpose of the marriage interview is to rule out fraud. The federal government is aware that some people try to abuse the system by entering marriage under false pretenses, perhaps even for money to help immigrant spouses gain permanent resident statuses. The marriage interview is designed to weed out those whose relationships are not legitimate.

Does the Constitution apply to you if you are not a citizen?

That immigration is a complex matter is no secret. Whether you are trying to bring your fiancé to America, work in the United States or get your Green Card, the application process can seem demanding. Appeals may seem to take forever. And denials can often put hope to the test.

Regardless of your adjustment of status, you may not understand what rights you have. According to a professor from Yale Law School, Cristina Rodriguez, the U.S. Constitution applies to undocumented immigrants. Rather than “citizen,” the Constitution often refers to “person” or “people.” Therefore, Rodriguez says the rights apply to you, regardless of citizenship.

Green cards for parents not limited to birth parents

Under federal law, U.S. citizens are allowed to petition for green cards for certain relatives. This includes parents. Typically, U.S. citizens that are over 21 are eligible to pursue a green card for parents who are from another country.

Does this only extend to birth parents? No, it does not. Citizens generally are allowed to petition for adoptive parents and step-parents to be granted permanent resident status.

Rejection rate of fiancé visas holds oddly steady

The rate of rejection of almost every kind of immigration visa has jumped in the first nine months of 2018, according to U.S. Citizenship and Immigration Services.

The denial rate for most immigration applications jumped from 8.3 percent in 2016 to 11.3 percent in 2018. The denial rate from H-2A agricultural workers and H-1B high-skilled workers went from 16.8 percent in 2016 to 22.6 percent in 2018. The denial rate for green cards went from 5.9 percent in 2016 to 7.9 percent in 2018.

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