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Permanent Residence Through Marriage: Five Problems To Avoid

This video shares five problems that prevent immigrants, married to U.S. citizens, from winning their green card cases - including problems which start before the first paperwork, the I-130 petition for alien relative, is filed. http://www.bataraimmigrationlaw.com. As a permanent resident attorney, I’ve been able to help many couples achieve their dreams of living together in the United States. Some mixed immigration status families begin the process on the wrong foot. They underestimate the difficulty of the permanent resident process. In Permanent Residence Through Marriage: Five Problems To Avoid, I lay out the most common problem areas. IS YOUR MARRIAGE REAL? This is the bona fide marriage requirement. The marriage between you and your spouse needs to be real. This means you married for love. This requirement is obvious. But there are some folks who try to fool the system and get married just for getting a green card, no love involved, no other strings attached. This is foolishness. The government takes marriage fraud seriously. IS YOUR MARRIAGE LEGAL? Another area of confusion for immigrant families is the belief that a government-issued marriage certificate is all they need to prove their marriage is legal. For a marriage to be legal: (a) both parties must be free to marry, (b) all prior divorces must be officially completed, and (c) the marriage is formally recognized as legal in the country where it took place. I’ve handled various cases where a U.S. citizen comes into my office ready to petition his wife on the spot. As we explore his history, however, I find that his previous divorce was never completed. ENTRY AND OVERSTAY ISSUES – UNLAWFUL PRESENCE If you do not have permission to be in the United States, permanently or temporarily, you are out of status. Being out of status happens two ways: (a) Entering without inspection and (b) Overstaying your temporary visa. Here is a video which discussed the differences in more depth:    • How Living In The U.S. Without Permission ...   . If you’re the immigrant spouse, the difference could be significant. It could determine whether your interview will take place in the United States or in your home country. If you are able to go to a permanent residence interview in the U.S., this is known as adjustment of status. The appointment occurs at a local USCIS office. For more information on seeking and winning permanent residence, go here:    • Плейлист   If you must attend the green card interview where you were born, this is known as consular processing. In many cases, you will also need to file for a family unity waiver and that could be a huge problem. If the waiver is not granted, you will not be allowed to legally reenter the United States. How do you win a family unity waiver to overcome your unlawful presence problem? You must prove extreme hardship. Here is a video which shares a roadmap for developing evidence to win hardship:    • Cancellation Of Removal - A Short Roadmap ...  . CRIMINAL CONVICTIONS CAN UNDERMINE YOUR CASE This pointer seems unnecessary. If you have been charged with having committed any crimes or convicted of any offenses, you may not be eligible for a green card. There is more to this warning. Not only major state felonies and relatively recent offenses can destroy your case. Even participating in certain activities, without any criminal charges having been filed, may still disqualify you from the permanent resident process. DO YOU MEET THE AFFIDAVIT OF SUPPORT REQUIREMENTS? In short, the Affidavit of Support is a contract between the legal spouse and the government. Before they approve your immigrant spouse’s request for a green card, immigrant officers want to know that the sponsoring U.S. spouse has the financial ability to support the immigrant spouse for the next ten years. This is an effort to prevent immigrants from becoming “public charges” and using public resources like welfare, subsidized housing, and food stamps. The most common problem, besides insufficient income to meet the guidelines, is the failure to provide documentation to verify the U.S. spouse’s financial situation. If a spouse does not earn enough to meet the requirements, the problem can usually be solved with the help of a joint sponsor, like a relative, friend, or employer. In summary, do not underestimate the difficulty of the marriage green card process. There are several stumbling blocks. Avoid them. Want More Information? For more on Batara Immigration Law permanent residence and green card services, see here: http://www.bataraimmigrationlaw.com/p... #greencardsadvice #permanentresidencetips #bataraimmigrationlaw #carlosbatara Support Batara Immigration Law By Subscribing To You Tube:    / bataraimm.  . Follow Us On Twitter:   / bataralaw   Like Us On Facebook:   / bataralaw