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2 mistakes that could cost you your green card

 Posted on July 01, 2021 in green cards

As a green card holder or U.S. citizen living in Texas, you may wish to secure another green card for a husband, wife, child, parent or sibling. A green card grants you and others permanent resident status, meaning it paves the way for you and others to live and work permanently within the United States. When you pursue a green card for a family member, you may want to educate the individual about the actions he or she might take that could put that green card in jeopardy.

Per the Miami Herald, the process involved in obtaining a green card is often long and arduous. Thus, it is important that green card recipients avoid making the following mistakes that could potentially cost them their permanent resident status.

1. Neglecting to report income

Anyone who lives and works in the United States and makes a specific amount must pay taxes on their earnings. If you help your family member secure a green card so he or she may work in the U.S. and then the green cardholder does not pay taxes, it may impact that party’s ability to live in the United States permanently.

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Why does a visa application require your social media?

 Posted on July 01, 2021 in fiancé visas

The process that you must go through to obtain a U.S. visa is constantly undergoing revision and changes. The most recent changes involve a new requirement: for you to provide your social media accounts. This can include profile handles and online names as requested.

The officials of the U.S. Border Control can then review any information that you have posted online as a means of further vetting visa applicants. But what does this requirement mean for you?

Reasons for collection

CNN discusses the collection of social media names on your application for a visa. The official reviewing your application can then use this information to look up information that you have posted online, including opinions, conversations, criticisms, photographs and anything else visible to the public. They use this information to determine whether or not you may pose a threat to national security, or if you seem likely to commit a crime or otherwise cause disturbances. They can refuse to accept your application based on this alone.

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Can children born out of wedlock immigrate to the U.S.?

 Posted on July 01, 2021 in family-based immigration

You might dream of bringing your child from another country into the United States in the near future. If so, you may have reason to be optimistic about your chances. Even if you did not conceive your child within the boundaries of a married relationship, United States immigration law still allows children born out of wedlock to attain permanent legal status.

There may be a few additional steps to take depending on the nature of your relationship with your offspring. The USCIS explains what to expect in different familial situations.

When to legitimate a child

According to U.S. immigration law, you may have to legitimate your child before the law will allow your child to come to the U.S. If you are the mother of a child, you do not have to provide legitimation. It is different, however, if you are the father. In this case, you must legitimate your child according to the laws of your place of residence or your child’s.

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Are you eligible for a green card?

 Posted on June 01, 2021 in green cards

When seeking to apply for a green card, you must first have eligibility in one of several categories. Even after that, you must still put in an application before getting approval. But the first step is seeing whether you can apply at all.

Thus, you must know which of the categories you may be eligible for and what the categories are.

Green card eligibility

The U.S. Citizenship and Immigration Services look at eligibility categories for green cards. The categories of eligibility include:

  • Employment
  • Special immigration
  • Family
  • Asylee or refugee status
  • Victims of abuse
  • Human trafficking and crime victims

There is also a category for “other”, or situations that do not perfectly suit any of the above options.

Each category has its own requirements that you must meet. For example, to be eligible for a family-based green card, you need to be the spouse of a U.S. citizen, a parent of a U.S. citizen who is at least 21, or an unmarried child of a U.S. citizen under the age of 21.

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Is the child of a non-US surrogate an American citizen?

 Posted on June 01, 2021 in naturalization & citizenship

The State Department recently released a major policy clarification related to international adoption and citizenship. According to the release, the State Department will now approve US citizenship to children born in other countries via surrogacy or in vitro fertilization.

The clarification represents a major change in policy stance under the Biden Administration. According to NPR, previously the government considered a child born outside of the US to a surrogate to be “out of wedlock” even if the American parents held married status.

Mounting lawsuits

Over the past few years, the government has fielded several lawsuits on this issue, particularly from same-sex parents who rely on surrogacy or in vitro fertilization to reproduce. There were two major cases that the Trump Administration lost regarding this.

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Beware of the dangers of a false claim of U.S. citizenship

 Posted on June 01, 2021 in fiancé visas

If you have a relative who wants to immigrate to the U.S., you may be ready to file a family-based immigrant visa petition. This may be especially true if your loved one is your spouse or fiancé, as you may not have to wait for a visa number to become available.

Unfortunately, intending immigrants are sometimes inadmissible. This means even if the individual otherwise qualifies to immigrate, he or she is legally unable to do so. While some grounds of inadmissibility are waivable, a false claim of U.S. citizenship typically is not.

What is a false claim of U.S. citizenship?

Simply telling a friend or acquaintance that a person is a U.S. citizen probably does not meet the definition of a false claim to U.S. citizenship. For a claim to qualify, the person must claim to be a citizen for purposes of obtaining an immigration-related benefit or another benefit under state or federal law.

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How do I remove conditions on my Green Card?

 Posted on May 01, 2021 in green cards

In the event that you are a non-US citizen married to a US citizen, your initial Green Card will have conditions on it. This essentially means that the Green Card is only valid for a period of two years. Once this two-year period is over, you will need to apply to the US government in order to have the conditions removed.

Once the US government removes the conditions on your Green Card, you are a full permanent resident. According to US Citizen and Immigration Services, you can remove conditions by either filing jointly with your spouse or filing alone under certain conditions.

Filing jointly

This is the more traditional method of the two. Assuming 2 years have passed in your marriage and everything is going well, you merely need to file form I-751 with your spouse. Essentially, this proves to the US government that you did indeed enter the marriage in good faith, rather than simply trying to get a Green Card. Once you do this, the US government will remove the conditions.

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Why is good moral character important to citizenship?

 Posted on May 01, 2021 in naturalization & citizenship

Being someone of good moral character is one of the requirements for citizenship in the United States. Knowing what this means can help you prepare for the naturalization process.

Having moral attributes can benefit your life in many ways. You may be more successful at maintaining meaningful relationships, winning the trust of others and establishing credibility in your personal and professional interactions.

Courage and loyalty

Courage means you willingly step outside of your comfort zone to do something that causes angst and uncertainty. You can show courage when you stand up for someone else or when you use your voice to promote an idea that others may disagree with. Another characteristic of good moral character is loyalty. You can show loyalty when you commit to something and make sacrifices to protect what you value.

According to the U.S. Citizenship and Immigration Services, you need to show proof of your understanding and compliance with good moral standards prior to naturalization. Officials could look back as far as five years to determine that your conduct meets the requirements for naturalization and citizenship.

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Can you extend a K-1 visa?

 Posted on May 01, 2021 in fiancé visas

If you are currently engaged to a foreign fiance(e), you could have a number of options when it comes to your marriage and immigration. For example, if you want to bring them to the U.S. in order to get married in the states, you should look into the K-1 visa for fiance(e)s of U.S. citizens.

There are various factors to review with respect to K-1 visas. For example, you need to go over different requirements and recognize that there are time limits in place. After your fiance(e) comes to the U.S., you must marry within 90 days in order for them to continue living in the country.

Do K-1 visas expire?

According to the U.S. Citizenship and Immigration Services, K-1 visas expire after 90 days. If you marry your fiance(e) within this timeframe, they can apply for a green card in order to continue living in the U.S. However, if you fail to get married within 90 days, the K-1 visa expires and your fiance(e) will likely need to leave the country.

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What are the pros and cons of dual citizenship?

 Posted on April 01, 2021 in naturalization & citizenship

Your initial goal when coming to texas from your country of origin may not have been to become a naturalized U.S. citizen. However, if you subsequently set that goal, one question then looms large: what to do about your citizenship in your home country?

Renouncing your citizenship is not a requirement in order to become a U.S. citizen. That said, there certainly are advantages and disadvantages to having dual citizenship. You should weigh what those are before committing to a decision one way or the other.

Advantages to dual nationality

The most obvious benefit to having dual citizenship is the ease in traveling back and forth between the U.S. and your country of origin. You do not need to apply for a visa with every trip (however, according to the U.S. Bureau of Consular Affairs, you must have a passport to enter and leave the country). This may be especially advantageous if members of your family remain in your country of origin. You can also own either commercial or residential property in either country. You also retain voting rights in both countries, allowing you to have a voice in the creation of local policy.

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