By Topic: Family-based Immigration Law

New USCIS Proposal Would Reduce Time that U.S. Citizens are Separated from Immediate Relatives

Posted on April 3, 2012 | Author: Ann L. Lipson
Immigration Law Category: Family-based Immigration Law, Immigration Policy Developments

USCIS releases proposal to change process for certain waivers of inadmissibility U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking (NPRM) in the March 30, 2012 Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa… read more

Proposed Waiver Rule – Good For Families

Posted on January 8, 2012 | Author: Ann L. Lipson
Immigration Law Category: Family-based Immigration Law, Immigration Policy Developments

The newly proposed waiver rule could save years of waiting overseas – if it actually gets adopted. The proposed rule would allow spouses and children of U.S. citizens to apply for the waiver PRIOR to departing the U.S. to apply for the green card overseas. On January 6, 2012, U.S. Citizenship and Immigration Services (USCIS)… read more

Green Cards: Proving U.S. Citizenship for Family-based Sponsorship

Posted on October 30, 2011 | Author: Ann L. Lipson
Immigration Law Category: Family-based Immigration Law, Marriage and Family Green Cards

During green card processing by USCIS, the concern is with the birth certificate of the foreign national. For example, many applicants from India do not have a valid birth certificate. Instead, they have a hospital record of the fact of the birth but without the names of the parents. This situation would then require secondary… read more

National Visa Center: Document Translations Needed?

Posted on October 4, 2011 | Author: Ann L. Lipson
Immigration Law Category: Consular Processing, Family-based Immigration Law, Immigration Policy Developments

National Visa Center (NVC) immigrant visa documents – to translate or not to translate, that is the question! And the answer is to translate every document you present to the NVC into English despite what is written on the NVC website. In terms of civil documents, the NVC is requesting originals or certified copies either… read more

Green Card Stamp – U.S. Passport

Posted on August 26, 2011 | Author: Ann L. Lipson
Immigration Law Category: Citizenship, Family-based Immigration Law, International Adoption, Marriage and Family Green Cards

Green card temporary stamp on U.S. passports  – don’t believe what they say! Our two adopted children clients from Angola were approved for their green cards yesterday. This was a very happy event given how difficult it had been to assemble all of the correct documents from Africa. We immediately made an INFOPASS appointment with… read more

Diversity Visa Program Scams

Posted on August 9, 2011 | Author: Ann L. Lipson
Immigration Law Category: Family-based Immigration Law, General Immigration

Beware – Diversity Visa Program Scammers Sending Fraudulent Emails and Letters! The U.S. Department of State has reported an uptick in the number of fraudulent emails and letters sent to Diversity Immigrant Visa (DV) program applicants. The scammers are posing as representatives of the U.S. government in an attempt to extract payment from DV applicants.… read more

Another Request for Evidence – Oh No!

Posted on August 7, 2011 | Author: Ann L. Lipson
Immigration Law Category: Business Start-ups, Employer Based Immigration Law, Family-based Immigration Law, General Immigration, Immigration Policy Developments, Work Permits

Are Requests for Evidence Inevitable? I am afraid so. We and all of our colleagues, despite submitting enormous filings containing evidence on every conceivable point, are seeing Requests for Evidence (RFE) in nearly all of our cases. These days a case that goes through without an RFE is the exception and not the rule. We… read more

My green card has expired!?

Posted on July 28, 2011 | Author: Ann L. Lipson
Immigration Law Category: Family-based Immigration Law, Marriage and Family Green Cards

What happens to my green card when my conditional permanent resident card expires? Conditional permanent residence is granted for two years to spouses who qualify for the green card based upon marriage and the marriage took place less than 2 years prior to the grant of the conditional green card. In order to remove the… read more

Section 245(i) Pathway to Green Card Update

Posted on June 23, 2011 | Author: Ann L. Lipson
Immigration Law Category: Family-based Immigration Law

Section 245(i) – pathway for green card for many who would otherwise be barred – still alive and well in many circumstances. If you think that all the benefits of Section 245(i) disappeared on April 30, 2001 – think again !! Following the guidance of a USCIS memo of 2005 there are still many ways… read more