Schedule a Free Consultation 
214-295-3014
Recent Blog Posts
What is the 90 day rule?
The majority of visas that the United States offers on a temporary basis are “single intent” visas. This means that the individual who is applying for this visa has non-immigrant intent. Essentially, the individual applies for a single intent visa for a single purpose, such as tourism or study. Once this purpose ends, the single intent visa assumes the individual plans to leave the United States.
However, things do not always work out this smoothly. For instance, it is possible for an individual to enter the United States on a study visa and decide to marry an American citizen. Whether or not these individuals can change their mind on single-intent visas and marry their American partners depends on the 90-day rule.
What is the 90 day rule?
The confusing part about the 90-day rule is that it is not a hard-and-fast law. The gist of the 90-day rule is that if a temporary visa holder of any sort tries to marry an American citizen or apply for a Green Card within the first 90 days of arriving in the United States, US Citizenship and Immigration Services (USCIS) assume that the individual entered the US under fraudulent terms. In other words, USCIS will assume the individual lied in order to obtain a visa.
Could I lose permanent residency by leaving the U.S.?
If you hold a green card, you have the right to remain in the United States as a permanent resident. To continue your stay in the United States, you should be aware of any actions that might cause you to lose your residency status, such as leaving the U.S. and staying abroad for too long.
You may only want to take a temporary trip abroad and have no intention of moving to another country. However, the U.S. government may believe otherwise if you stay out of the country for too long. Fortunately, the U.S. Citizenship and Immigration Services websiteoffers some tipsthat might benefit you if you ever need to explain to USCIS why you had taken a trip out of the United States.
What is the proposed U.S. Citizenship Act?
You may have heard about the Biden administration’s proposed U.S. Citizenship Act. Currently in the House and the Senate for review, this proposal will create a path to citizenship for 11 million immigrants who lived in the United States before January 1, 2021.
Review thecurrent terms of the Citizenship Actand explore how its passage may affect you and your family.
Legalization pathways
Undocumented individuals who arrived in the U.S. prior to January 1, 2021 would be able to apply to permanently live and work here. Applicants must pass background checks and pay outstanding taxes.
What are the requirements to receive a fiancé visa?
If you are a citizen of the United States and you are engaged to someone in a different country, you may wonder what options are available to your fiancé to come to the U.S. to begin your life together.
In these instances, it may be best for your beloved to apply for a fiancé visa. There are certain requirements that must exist, however, to qualify for this type of visa.
The fiancé visa
According to FindLaw experts,a fiancé visa, also known as the K-1 visa, allows your fiancé to legally immigrate to the U.S. While the visa itself does not grant him or her citizenship, your fiancé may apply to become a citizen following your marriage.
How to prepare for a marriage-based green card interview
Because you married a U.S. citizen, you are likely eligible to become a legal permanent resident of the U.S. Before immigration officials approve your application to adjust status, though, they are likely to want to interview both you and your husband or wife. This interview is a routine part of the marriage-based green card process.
To ensure your interview goes smoothly, you should spend some time preparing for it. While you do not want to sound unnatural or rehearsed at your interview, you must be ready to answer the officer’s questions. Here are a couple tips for preparing for your marriage-based green card interview.
Review your immigration paperwork
At the beginning of your green card interview, you can expect the officer to go through your immigration paperwork with you. Therefore, you should review the immigrant visa petition and application to adjust status thoroughly. When looking over your paperwork, make notes of anything that is inaccurate or has changed. You may need to bring these items to the officer’s attention.
Can your foreign fiance work in the United States?
Helping bring your fiance to the United States may have its challenges, but can set the foundation for a promising life together. Adequate preparation can expedite your effort to transition your significant other to a new home.
Your fiance can have privileges including the ability to work, with the appropriate authorization.
Authorization to work
Once your fiance arrives in the United States, he or she can immediately apply for work authorization via form I-765. According to the U.S. Citizenship and Immigration Services, once approved, this privilege will last for 90 days. This time period extends to a year if your fiance submits an application for a Green Card at the same time as a request for work authorization. Your fiance will need to renew an authorization to work each year.
When your fiance receives approval to work in the United States, he or she can legally seek employment anywhere. Community resources may provide your fiance with leads about available employment opportunities.
What are preference categories?
When it comes to immigration, many people choose one of two popular paths. They either go with employment-based immigration options, or family-based immigration options. If you choose to go through family-based options, you need to understand immigration eligibility and preferences.
The preference system is particularly important to understand. How does it work? What are the categories? And how will it affect your ability to bring over your loved ones?
Immediate relatives
The U.S. Citizenship and Immigration Services discusses preference categories for green cards. First of all, what is this system? When you want to immigrate a relative, they must get an immigrant visa number. This number comes from the preference category that they fall under.
Renewing a green card: What you should know
If you are a green card holder, you have permanent residence in the United States. Not only does your card enable you to work in the country, it is proof that you have completed the process and can live in the U.S. without worry.
It is important to understand the renewal process, as well as the requirements for obtaining and maintaining your green card.
When is it time to renew your card?
Depending on the type of green card you have, you must renew your permanent resident card periodically. While most cards are valid for 10 years, those with conditional permanent resident status must be renewed every two years.
You should initiate the renewal process if your card will expire in six month or is already expired. If you have a conditional green card, you should look into removing the conditions of the card 90 days before it expires.
What is required before applying for naturalization?
The process of becoming a U.S. citizen encompasses several steps including naturalization. This portion includes a test to assess your understanding of the language, history and civic responsibility of being a citizen of the United States of America.
Before you receive approval to take the naturalization test, you must first pass a list of requirements. Knowing these requirements can help you to complete each task with confidence.
Preparing for success
The more prepared you are for taking the naturalization test the higher your chances of receiving approval. According to the U.S. Citizenship and Immigration Services, some of the requirements you must complete include the following:
- Demonstrate an understanding of the English language including reading, writing and speaking
- Have possessed a legitimate green card for at least 5 years
What are the immigration options for relatives of U.S. citizens?
Preserving family bonds is one of the guiding principles of U.S. immigration policy. For this reason, legal immigrants may be able to petition for visas or Green Cards that allow family members to reside in the states legally.
Immigrants who already have citizen status may sponsor an immediate relative, such as a spouse/fiancé, child or parent. However, extended relatives may also be able to come to the U.S. under the family preference system.
Immediate relatives
Parents, spouses and children (under age 21) of U.S. citizens have the highest preference for gaining legal permanent residency. However, to petition for a parent, the citizen applying must be at least age 21.
Fiancé visas (K-1)
U.S. citizens marrying a foreign fiancé may apply for a K-1 visa. However, the visa may only be valid if the marriage takes place within 90 days of the fiancé’s admission to the U.S.
From our offices in Dallas and Plano, Texas, we serve clients throughout the surrounding areas including Fort Worth, Irving, Arlington, Farmers Branch, Frisco, Carrollton, Garland, Addison, Richardson, Allen, Murphy, Wylie, McKinney, Dallas County, Collin County, Denton County, and all of Northeastern Texas.
Results listed are not a guarantee or indication of future case results.
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
