About marriage-based adjustment of status

It is a theme that I have written about many times on this blog and elsewhere. Yes, the Affidavit of Support can theoretically be enforced in family law proceedings. But in practice, beneficiaries frequently encounter problems in that forum. Here is another example. Marriage of Bychina was a family law case in Illinois. See No. 2-20-0303 (Ill. App. Ct. 2021)…

As I explain elsewhere on this blog, almost all claims under the USCIS Form I-864, Affidavit of Support result in settlement. To get an idea of how long that process takes, read this post. Having settled many of these claims, here is an overview of how we generally approach settlement. https://youtu.be/KCnOJrZSIdg What goes into an Affidavit of Support settlement? The…

Non-citizens needing to enforce the USCIS Form I-864, Affidavit of Support are usually in serious need of help. To have a claim under the Affidavit, their income needs to be below 125 percent of the poverty line. That's about $1,400 per month for a household of one. But a lawsuit can take months or even years to resolve. So what…

The Eleventh Circuit has held that the common law defenses of unclean hands, anticipatory breach, and equitable estoppel are unavailable to a sponsor who has signed a USCIS Form I-864, Affidavit of Support. Blevich v. Thomas, 17 F.4th 1048 (11th Cir. 2021). Belevich joins a growing line of cases that stand for the proposition that no common law affirmative defenses…

This post contains the material for today's talk given to the family law section of the Texas State Bar Association. Thanks to the renowned Kate Lincoln-Goldfinch, for co-presenting with me. Our talk addressed legal enforcement of the Form I-864, Affidavit of Support, including the (mostly unpublished) Texas state cases that address it in the context of family law proceedings. Articles…

Family law attorneys need to understand that certain immigrants are entitled to financial support far in excess of what would be prescribed by state family law. Under the Form I-864, Affidavit of Support, sponsored immigrants are entitled to indefinite financial support from their sponsors, potentially for the remainder of their lives. This presentation - given today for North Carolina Advocates…

Certain green card holders are legally entitled to receive financial support from their immigration sponsors. Exactly who qualifies for support? 1 - Did you get your green card through a spouse or family member? The Affidavit of Support is required in virtually every family-sponsored immigration cases. If you immigrated got yoru visa or green card from a petition filed by…

A version of this article will appear in Bender's Immigration Bulletin. © Greg McLawsen (2020). Download article in .pdf format (free)Download On October 2, 2020, the Department of Homeland Security (DHS) proposed significant revisions to its regulations governing the Affidavit of Support.[1] The Department had proposed complementary revisions of the Affidavit of Support and associated forms in April 2020.[2] The…

The form I-864, Affidavit of Support is created by federal law. Indeed, the form has been integral to the practice of (federal) immigration law for over twenty years… much longer if you consider the predecessor Affidavits of Support. So if you’re an immigrant looking to enforce your financial rights against a sponsor, you should go to federal court - right?…

Most civil lawsuits end in settlement long before they go to trial. Lawsuits to enforce the I-864 are no different. In our experience, roughly half of I-864 enforcement cases settle before a lawsuit is ever filed, or very shortly after the lawsuit is filed. In the remainder of cases there is at least some “motions practice,” which in these cases…

It is that I have unfortunately observed before. Yet another I-864 beneficiary has lost out on a claim under the I-864 because they tried to do so in state family law court versus federal court. Mullonkal v. Kodiyamplakkil was a case arising in Placer County, California. C085825 (Cal. 3d App. June 29, 2020). While the case was being litigated at…

Another case, this one in Texas, illustrates the dangers of trying to enforce the Form I-864 in state versus federal court. In Beringer v. Beringer, yet another I-864 beneficiary got less than what she was entitled to under the plan terms of the I-864 and federal law. No. 04-19-00097-CV (Tex. App. Apr. 1, 2020). The Beneficiary was a Mexican national…

(Updated June 20, 2020). Yesterday I was asked to do a podcast interview about the Supreme Court's new DACA decision, and on other things that have changed in immigration since COVID-19. So much has happened in the past few months it has been virtually impossible to keep up. So I thought I would take a moment to do a high-level…

Today the Supreme Court made its ruling in DHS v. University of California, addressing the legality of the Trump Administration's decision to end DACA. No. 18-587, 591 U.S. ___ (2020). In short, the Court held that the Trump Administration acted unlawfully in how it ended DACA, which it did without following procedures under the Administrative Procedures Act. I may update…

In Golipour v. Moghaddam, yet another federal court has directly held that an I-864 beneficiary cannot waive her rights in a nuptial agreement. No. 4:19-cv-00035-DN-PK (D. Utah Feb. 7, 2020) (granting and denying in part cross-motions for summary judgment). This case arose recently in the District of Utah. In Golipour, the Court categorically rejected the argument that a Form I-864…

We've created a new (free) tool that allows you to request an official copy of your USCIS immigration file. Just fill out this short online questionnaire and our website will email you a customized FOIA request, ready to file. You'll also get instructions explaining how to correctly file your request. Why would you want a copy of your immigration file?…

Late in the evening of April 20, 2020, President Trump announced by Tweet that he would be stopping all immigration to the U.S. due to the COVID-19 crisis. Two days later an executive order or "proclamation" was signed. I'll be updating this post as we learn more to answer your questions about what this new announcement means for you. In…

As we head together into this time of global crisis, the technicalities of U.S. immigration law may not be the first thing on your mind. But judging from some emails I've been getting, many of you are looking ahead to the bright future that we will all share. Bravo! Specifically, some folks have asked the smart question of how certain…

In Anderson v. Anderson, 2019 U.S. Dist. LEXIS 193910 (W.D. Wash., Nov. 4, 2019), following Anderson v. United States, 2017 U.S. Dist. LEXIS 211102 (W.D. Wash., Dec. 22, 2017), the U.S. District Court for the Western District of Washington addressed two main principles of I-864 jurisprudence. First, the decision elaborated upon the definition of “income” as used to evaluate whether…

In Al-Aromah v. Tomaszewicz, 2019 U.S. Dist. LEXIS 154638 (W.D. Va. Sep. 10, 2019), the plaintiff Nadiah Al-Aromah (“Al-Aromah”) sought I-864 damages for a 6-month period that occurred prior to the time she filed for divorce from her husband - I-864 sponsor in a state court. The state court divorce proceedings were still ongoing, yet the state court had entered…

Courts continue to grapple with when a prior family law (divorce) case may pose a res juidcata problem for an I-864 plaintiff. Levin v. Barone. In Levin v. Barone, 2019 U.S. Dist. LEXIS 169573 (S.D.N.Y., Sept. 30, 2019), the plaintiff sought I-864 enforcement. In a prior proceeding (“Levin I”), the United States Court of Appeals for the Second Circuit affirmed…

In a recent ruling, the Ninth Circuit Court of Appeals has held that an I-864 defendant cannot avoid liability by claiming marriage fraud. The decision follows the view that I-864 obligations end only after one of the five terminating events defined by Congress. Dorsaneo v. Dorsaneo arose in the federal district court for the Northern District of California (No. 3:17-cv-00765-VC)…

A review of all I-864 enforcement cases filed in the federal court system shows that most claimants go to court without a lawyer. Out of all publicly available cases, 54% of plaintiffs tried to represent themselves. Do I-864 plaintiffs have legal assistance? Self-representation - also called “pro se” or “in pro per” representation - is extremely challenging. Successfully representing yourself…

The Form I-944, Declaration of Self-Sufficiency is a new USCIS form that will be required in adjustment of status (green card) applications. The form and official instructions are available below. This post will be updated with analysis once we are able to review the new form. Read our post on the new public charge rules Form I-944, Declaration of Self-SufficiencyDownload…

The Trump administration recently announced changes to "public charge" inadmissibility. One of the major changes in U.S. immigration law is that some immigrants will not be required to post financial bonds as a pre-condition to getting green cards. Here's what you need to know about public charge bonds. Who has to post a public charge bond? Bonds are required from…

Today the Department of Homeland Security announced the publication of its new rule on Public Charge inadmissibility. The initial notice of rulemaking was issued in October 2018. See this post for an in-depth analysis of the rule as originally proposed back in October. This post highlights some of the differences between the October 2019 draft rule and the one that…

A recent case shows the risk when immigrants raise the Form I-864 in the context of family law proceedings. Once again, a family law court has enforced the Form I-864… but only sort of. CAN WE OR CAN’T WE RAISE THE I-864 IN DIVORCE COURT? The Form I-864 is required in all family immigration cases. That includes cases where the…

On June 20, 2019 a judge for the Northern District of Alabama handed down a decision on the first I-864 litigation in that state (whether federal or state court). The order, Belevich v. Thomas, touches on a number of interesting and helpful points of law. Background. The Plaintiff was the beneficiary of Form I-864s signed by both his wife and…

Another U.S. federal court has ruled that Form I-864 sponsors cannot avoid liability by alleging that they were defrauded into signing the Form I-864. In Anderson v. USA, et al, Judge Robert Lasnik dismissed a long list of affirmative defenses and counterclaims advanced by the defendant. 2:17-cv-00891-RSL (W.D. Wash. Feb. 25, 2019) (Order Regarding Affirmative Defenses and Counterclaims). Most defendants…

USCIS Announced today that it will end the availability of self scheduled appointments at its field offices. The InfoPass System currently being used for people to sell schedule an appointment in order to check on case status, ask questions about their case, or receive an extension of certain types of work and travel permits. InfoPass Appointments have become very difficult…

U.S. Citizenship and Immigration Services (USCIS) announced yesterday that it is changing its rules on the validity period for medical exams. The new guidelines take effect almost immediately on November 1, 2018. The announcement changes how long a medical exam - completed on the Form I-639 - is considered valid. Essentially, the new rules say this: First, the medical exam needs to…

A version of this article will appear in Bender's Immigration Bulletin and is republished here with permission.  Video from live webinar on public charge rules. USCIS proposes new public charge rules: the Form I-864 will become table stakes as scrutiny shifts to the applicant Greg McLawsen[1] On September 21, 2018 the Department of Homeland Security announced the most sweeping changes…

I have a confession. Long before I was an immigration lawyer, before I was a judicial law clerk, before I had a law license... I was a smuggler. A smuggler of the worst type - a sandwich smuggler. But, before we get there, here's a common question. "Will USCIS (or a visa officer) know what I said that one time…

A lot of our clients are finding themselves in a frustrating situation. They filed an adjustment of status application (Form I-485) and were issued a 12-month temporary work authorization (EAD). So far, so good, except that the EAD is about to expire and they still haven't been scheduled for an interview in their adjustment case. What should they do? This…

*This article is now outdated* After this article was published, USCIS formally announced new rules for public charge determinations. Find an updated article about those changes here.    USCIS is considering major changes to how it makes "public charge" determinations. The scope of these potential changes, while not yet official, is evident from drafts of federal regulations that were leaked…

Quick points: You need to get married and file your adjustment of status paperwork within 90 days of your fiancee’s arrival. Legal documents to be drafted: Form I-485, Form I-864, Form I-131, Form I-765. Expect between 4 months and two years to your initial interview. Understanding where you are now. Your fiancee has now entered the United States on her…

Once your I-129F petition is approved by USCIS your case is heading off to the Department of State (DOS) and to U.S. consulate in your fiancee’s home country. In this section I’ll give a high-level overview of what this looks like from a procedural standpoint. Most of the nitty-gritty details that you will need to handle are the same in…

Congratulations! You’ve carefully assessed every eligibility requirements and grounds of inadmissibility and decided that you should proceed with a fiance visa. (You did do that, right? If not, please jump back to the previous section.). Now it’s time to do the heavy-lifting required to get your successful packet put together. For both this and subsequent steps, you can basically divide…

The grounds of inadmissibility discussed in the previous sections account for the majority of problems that immigration lawyers encounter. But you definitely should not ignore the less common grounds of admissibility, which are listed here. Review the list and determine if any of these merit further research on your part. Support for designated terrorist organization (INA §212(a)(3)(B), 8 U.S.C. §1182(a)(3)(B))…

INA §212(a)(6)(C)(ii), 8 U.S.C. §1182(a)(6)(C)(ii) A person who has falsely claimed to be a United States citizen is potentially inadmissible. In practice, this rule often creates problems for individuals who have long been present in the United States without documentation. To be subject to this ground of inadmissibility three things need to be true: the false claim was made after…

INA §212(a)(6)(C)(i), 8 U.S.C. §1182(a)(6)(C)(i) One of the top priorities for all immigration agencies is identifying people who are intentionally abusing the US immigration system. Issues of fraud are taken as seriously as any other criminal matter. An individual is inadmissible if she secures, or even attempts to secure, an immigration benefit by lying. Somebody who is determined to have…

It’s not going to be much fun to sit down and read through this entire resource and I don’t recommend you do so. Not surprisingly, I’ve presented the sections in the order that they’ll be most useful to you. Presumably, you are reading this resource because you are considering initiating a marriage or fiancee immigration case. Start with Choosing the…

There are a plenty of guides to the marriage and fiancee immigration process. Why would we decide to write another one, and why should you read it? 1. Written by a practicing immigration lawyer. I run an immigration law firm that focuses on helping married couples and fiancees. Our team of lawyers works with clients all across the United States…

INA §§212(a)(9)(C)(i)(I) & (II), 8 U.S.C. §§1182(a)(9)(C)(i)(I) & (II) This ground of inadmissibility is a bit complicated to understand, and often trips up immigration attorneys. There are basically two aspects to this rule. First, the person must have been unlawfully present in the United States for a year or longer and then left the country. Alternatively, the person could have…

INA §212(a)(9)(A)(ii), 8 U.S.C. §1182(a)(9)(A)(ii) Once a person is ordered removed from the United States, she is inadmissible to return for 10 years. This becomes 20 years if it is her second removal. “Removal” is the technical term for what most people call deportation. For the visa clientele that we serve, this issue arises very seldom. Your fiancée or spouse…

INA §212(a)(9)(B), 8 U.S.C. §1182(a)(9)(B) Immigration law imposes harsh consequences on people who have stayed in the United States without legal immigration status. If someone has been out of status for six months in the United States, then departs, she is barred from returning for three years. If she has been unlawfully present for one year or longer, then departs,…

INA §212(a)(10)(A), 8 U.S.C. §1182(a)(10)(A) Polygamy occurs when an individual is simultaneously married to more than one person. U.S. immigration last has prohibited polygamy almost from the first days of the republic. Now, you might say that your fiancée or spouse has no intention of marrying more than one person. But here’s where the issue comes up – and it…

INA §212(a)(2)(A)(i)(I), 8 U.S.C. §1182(a)(2)(A)(i)(I) Extremely minor crimes can make a foreign national inadmissible even if she was never convicted of the crime. In immigration law, crimes involving “moral turpitude” essentially refer to offenses that are intrinsically bad. Here’s one way the courts define it: the term, “refers generally to conduct which is inherently base, vile, or depraved, and contrary…

INA §§212(a)(2)(D)(i)–(ii), 8 U.S.C. §1182(a)(2)(D)(i)–(ii) A person who has engaged – or tried to engage – in prostitution within the past ten years is inadmissible. Before you blow past this section, read on. Certainly, a prostitution-related conviction will be a serious problem under this ground of inadmissibility. But in reality, the immigration agencies can cast a broad net when screening…

INA §212(a)(1), 8 U.S.C. §1182(a)(1) U.S. immigration law has always been concerned about allowing people into the country who could impact public health. There are three categories of health-related inadmissibility issues you need to assess: (1) diseases of public health significance; (2) vaccination records; and (3) mental health and substance abuse issues. The rules governing health-related inadmissibility are set by…

INA §212(a)(4), 8 U.S.C. §1182(a)(4). This ground of inadmissibility may be the one that creates the most common problem for fiancée applicants. Your fiancée is inadmissible if the immigration agencies determine that she is likely to become a “public charge.” That essentially means that the agency thinks she will become dependent on public welfare programs. The agencies assess this by…

The critical component of United States immigration law is the so-called grounds of inadmissibility. This is often an area of which people have only a vague awareness. For example, most people understand that criminal issues will create a problem for their visa case. That is because criminal issues brush up against the grounds of inadmissibility pertaining to criminal conduct. But…

Both the Form I-130 and Form I-129F petitions require that you file passport-style photographs of the U.S. petitioner and foreign beneficiary. To avoid needless delay, make sure your photographs comply with the required specifications. USCIS adopts photograph guidelines used by the Department of State, available here. Photo credit: Department of State.  The requirement that trips up foreign nationals most…

Key points: Criminal background documents - “police certificates” - are required in marriage-based and fiancee visa cases, but not adjustment of status. Certificates are required for every country you have lived in for 12 months or longer since age 16. You can save time by requested police certificates early in your case lifecycle. Each country has different procedures for requesting…

This section goes line by line to the Form I-129F to help you complete the document correctly. I recommend that you do not read this section in its entirety, rather start working on the form and use this section as a reference guide as needed. Also, note that the immigration agency updates its forms very often. It is likely that…

To successfully serve as a Form I-864 sponsor an individual needs to be able to demonstrate sufficient financial wherewithal. Specifically, he needs to show that his income is at or above 125% of the Federal Poverty Guidelines. If his income is below that level the shortfall can potentially be made up with assets as discussed in this section. If the…

The most important step of the fiancé(e) visa process happens before you start preparing any forms. This all-important step is determining whether you are legally eligible to get a fiancé(e) visa in the first place. In this chapter, we walk through each of the legal requirements in detail. Please read this chapter carefully! 1 – Engaged to a U.S. citizen…

So, you are either married or engaged to a US citizen or resident. Most of my clients assume that their best path to residency in the United States is going to be based on that relationship – and this assumption is almost always right. But since you may have other paths available to you, so let's take a look at…

All immigration strategies described in this resource require - at some stage in the process - an immigration medical examination. This examination is required because of the grounds of inadmissibility relating to medical conditions. Certain diseases of public health significance, like sexually transmitted diseases, make an individual and admissible to the states. (For more on medical inadmissibility, consult that section…

Hi, my name is Greg McLawsen. I am a practicing immigration lawyer based in Washington state. I am the founder and managing attorney at Sound Immigration. We are a six-attorney immigration law firm that focuses on helping families unite and create new lives in the United States. Our firm has worked with hundreds of clients from all around the world…

The date of your visa interview is now just around the corner. As the culmination of a process that has lasted many months, this is a big day. If you are like most of my clients, you are going to be nervous, and that’s okay. Logistical preparation. Set yourself up for success on the day of the interview. You will…

For couples just beginning to research the immigration process, they often ask themselves if they have a choice between pursuing a visa (whether fiancée or marriage bases) and adjustment of status. In fact, the decision is usually not theirs to make. Instead, the facts normally dictate which is the appropriate strategy to pursue. Here is the one factor usually decides…

The mandatory USCIS filing fees must accompany an application or petition at the time it is filed. If you do not include the filing fee than the case will simply be returned to you and not filed. Here are some pointers for doing filing fees right. Historically, USCIS accepted only personal checks, money orders or cashier checks. As of recently…

A TN visa authorizes an individual to live and work temporarily in the United States. But it is common for TN visa holders to become interested in pursuing lawful permanent resident (LPR) status while they are in the United States. If you are a TN visa holder, are you allowed to do this? Unfortunately, the answer is not easy. The…

Marriage visa / spouse visa. It is very common for a U.S. citizen or permanent resident (“U.S. spouse”) to initiate the immigration process for a foreign spouse living abroad. This is commonly referred to in the immigration law community as “consular processing” or a “two-step,” for reasons apparent below. Many people refer to this as the marriage visa or spouse…

In the past year, the processing times for Employment Authorization Documents (EADs) have become quite long. A recent stakeholder call with the Ombudsman for U.S. Citizenship and Immigration Services (USCIS) sheds some light on how bad the situation has become. When our clients apply for adjustment of status, we simultaneously apply for a temporary EAD. The temporary EAD gives our…

I prepared this material for a presentation this week at the Northwest Regional Conference for the American Immigration Lawyers' Association. I don't find it very helpful when speakers put this much detail in slides, so I thought it would make more sense to share it as a post here. Hopefully others find it useful as well.Thanks to Ali Schneider for…

You are someone who follows the rules. You have no criminal record and pay your taxes on time. You also happen to be married to someone from another country, and you want him/her to be able to move to the United States. And you are willing to follow the rules to do it right! If your spouse enters the U.S…

As negotiations in Congress stall, it appears very likely that there will be a federal government shutdown. What would a shut down mean for immigration cases? Here is a summary of the best information we have available. U.S. Citizenship and Immigration Services (USCIS): USCIS is funded by the (large) application filing fees that it charges. For that reason it should…

Yesterday a court ordered that the Trump Administration must partially reinstitute the Deferred Action for Childhood Arrivals (DACA) program. Here is an explanation of what that court action means for you if you are in the DACA program. The federal district court that issued the order is located in San Francisco. (That is within the Ninth Federal Circuit, which covers…

(Revised Oct. 30, 2018) Have you filed a Form I-751 and need to show your lawful immigration status? After your receipt notice expires, it can be difficult to prove that you are still in legal status. Download our free, printable letter that explains that under U.S. law you remain in valid status. You are welcome to use this document when talking…

Last month the State Department announced that it has eliminated the so-called 30/60/90 day rule. This was an extremely important rule both for visa applicants and those applying for adjustment of status. In this post we'll remind you what the old rule used to be and explain how the new rule works. Fraud is the underlying issue. The main issue…

This evening the Trump White House announced yet another - this is the fourth - version of its unconstitutional travel ban. Currently, the Administration's third travel ban has been struck down as unconstitutional and is facing final review before the Supreme Court. Today's announcement is the President's fourth attempt to mold a policy that will survive review by the Courts. Courts…

If only I had a dollar for every time a client was confused about K-3 visas. But the confusion is understandable. Basically, Congress created the K-3 visa category as a way to get married couple reunited without having to wait through the lengthy marriage visa process. K-3 visas are supposed to be available to couples after they are marred and…

Below is the official memo outlining how DACA will be ended. Official FAQ here.  Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA) Release Date: September 5, 2017 MEMORANDUM FOR: James W. McCament Acting Director U.S. Citizenship and Immigration Services Thomas D. Homan Acting Director U.S. Immigration and Customs Enforcement Kevin K. McAleenan Acting Commissioner U.S. Customs and Border…

There you are again – the interminable TSA line at the airport. All that stands between you and a Hawaiian vacation is this snaking queue of grouchy travelers. You notice that it’s all families in this line. Obnoxious, smooching newly-weds. Dads with operatic babies in tow. Siblings off to a family reunion. You’re all going to be stuck in this…

The following article, co-authorized with attorney Deborah Niedermeyer, is forthcoming by American Immigration Lawyers Association (AILA) and Bender's Immigration Bulletin. Download the article free of charge here: Want To End Notario Fraud - Take the Law Into Your Own Hands. On a rainy northwest spring day, Juan and Maria walked into a small law firm in Tacoma, Washington. They had just…

The California Court of Appeals (First District) has handed down an extremely important decision affirming rights under the Form I-864, Affidavit of Support. The case decided is Kumar v. Kumar, A145181 (Cal. App. Div. II, July 28, 2017), available here.  First, I express my appreciation to the outstanding legal team that handled this appeal. Edin Steussy, an attorney at Orrick Herrington &…

The Form I-864, Affidavit of Support is signed in virtually all family-based immigration cases. If you became a lawful permanent resident (LPR) through a spouse, parent or child, chances are the Form I-864 was signed. By signing the Form I-864, the sponsor promises to ensure you have income at or about 125% of the Federal Poverty Guidelines - roughly $1,226…

A 2012 study found that immigrants are twice as likely to start businesses in the U.S. than native-born Americans. Are you ready to join the economy as a business owner? What type of entity will your business be? In Washington, we have several options for the type of entity your business will be. We also have an online process through…

Is it possible to get a home loan as a foreign citizen or immigrant?  The short answer is yes, typically with a little more in the way of documentation. The information we are providing today is with respect to "conforming loans. " You can think of these as standard loans. Conforming loans are ones that meet the guidelines published by…

Green card. It's a term that is used often. But people don't use the term very carefully. What does "green card" actually mean under the United State's Immigration and Nationality Act? Nothing. Absolutely nothing. "Green card" simply has no legal meaning whatsoever. Instead, it's basically immigration slang. The problem is that people use it to refer to at least three…

Thanks to the 1,372 lawyers who attended this week's social media ethics Legal Lunchbox talk. We understand it was the largest program ever hosted by the Washington State Bar Association, which speaks to the interest and angst that many of us share about the role of social media in our profession. Thanks to Jeanne Marie Clavere and Sumeer Singla for…

The following materials are provided from a webinar hosted March 29, 2017 featuring guest speaker, Jay Gairson. Jay is an immigration and national security attorney in Seattle, Washington.  His clients are primarily from the Middle East, East Africa, and South Asia.  He regularly handles cases that receive additional fraud detection and national security review.  He uses systems thinking to evaluate…

The Trump administration has issued several a policy documents to all U.S. consulates describing new vetting procedures for visa applicants. Sent by Secretary of State Rex Tillerson, "cables" describes procedures that will increase wait times for many applicants. (The Department of State uses the term cables to refer to policy instructions sent to U.S. consulates). Here is a description of…

Thanks to the Washington State Bar Association's Solo & Small Practice Section - I appreciate having the opportunity to speak today at the annual CLE with legal-tech futurist, and workers comp attorney Jordan Couch. This post houses materials for today's talk. If you have questions for either Jordan or I, feel free to jump into the comments below and we'll…

On March 6, 2017 the Trump Administration issued a new Travel Ban Executive order, entitled "Protecting the Nation From Foreign Terrorist Entry Into the United States." This Executive Order is an attempt to pass travel restrictions that will not be found unconstitutional, after the Administration's last Travel Ban was struck down by federal courts. The new Executive Order may be…

The Department of Homeland Security (DHS) has released draft guidance on how it plans to implement the Trump administration policies on immigration enforcement at the borders and within the United States. Our video below summarizes some of the major elements of the p On January 25, 2017 President Trump signed two executive Executive Orders: “Border Security and Immigration Enforcement Improvements,”…

This afternoon a Federal District Court in Washington State entered a Temporary Restraining Order (TRO), enjoining aspects of the Immigration Ban. A copy of the order is available here: WA AG TRO (1). Last Friday's hearing before Judge Robart may be viewed here on the Court's website (video of the oral ruling is below). The Seattle Time is issuing frequent updates…

We have just reviewed a leaked an undated USCIS memorandum. It appears to be authentic, and indicates that USCIS will continue processing adjustment of status (I-485) and other applications for citizens of the 7 countries subject to the Immigration Ban Executive Order. Apologies for the poor quality. It appears the document was photographed with a cell phone. The leak has…

Last Friday, January 27, 2017, President Trump signed an Executive Order that has come to be known alternately as the Immigration Ban or Muslim Ban. Goodhearted citizens across the nation have been outraged by the policy, as a profound strike against American values of inclusiveness and religious freedom. Our fellow attorneys outside the immigration bar have been justifiably concerned by…

In an official cable, the Department of State has announced that it will revoke all valid visas for citizens of the seven countries subject to the Immigration Ban Executive Order. The cable states: Upon request of the U.S. Department of Homeland Security and pursuant to sections 212(±) and 221(i) of the Immigration and Nationality Act and 22 CFR 41.122 and…

The National Visa Center (NVC) has announced that it will suspend all processing of cases for citizens of the 7 countries listed in the Immigration Ban. Here is the text of the announcement: Pursuant to the Executive Order on Protecting the Nation from Terrorist Attacks by Foreign Nationals signed on January 27, 2017, the Department of State has temporarily stopped…

Here are the latest updates on the Trump Administration's Executive Order, often referred to as the Immigration Ban. Further confirmation: all USCIS applications on hold for affected countries. It now appears clear that USCIS will halt processing of all application file by citizens of the 7 banned countries. The following is a quote from an email from Daniel M. Renaud,…

This morning we are recording a podcast for the American Immigration Lawyer's Association, covering ethical issues on the Form I-864, Affidavit of Support. This post provides two additional items referenced in the podcast recording. Sample language for legal service agreements. I recommend that immigration lawyers include specific language in their legal services agreement that explains the Form I-864. Our sample language…

How will Trump's Immigration Bad affect applications that are pending with U.S. Citizenship and Immigration Services? That is a question we have been getting many times every day. What if you have a naturalization application (N-400)? What if you applied for adjustment of status (I-485)? Sadly, we have received early indications that all applications by affected foreign nationals will be…

Updated January 29, 2017 - 0930 PST. On Friday, January 28, 2017, President Trump signed what has been called the "extreme vetting" Executive Order. The Order - among other things - bars immigration from citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. We have learned that citizens of those countries - including lawful permanent residents (green card holders) and those…

President Trump will end Deferred Action for Childhood Arrivals (DACA) according to a draft memorandum leaked yesterday. The program will be ended immediately, but work authorization cards will remain valid and DACA holders will not automatically be placed into deportation proceedings. The draft Executive Order has not yet been signed. It may be downloaded here: Ending Unconstitutional Executive Amenities. We will…

An Executive Order will end visas from seven countries and could be a first step toward banning immigration by Muslims. We have reviewed a draft copy of the Executive Order, which has not yet been signed by the President. The draft copy may be downloaded here: Protecting the Nation from Terrorist Attacks by Foreign Nationals. We will update this post as…

Today we received a leaked copy of a draft Executive Order that may be released later this week. If signed, this Executive Order would impose harsh new rules against immigrants, requiring them to meet new standards for showing self-sufficiency. It would also direct the federal government to sue U.S. citizen visa sponsors to recover the cost of public benefits paid to…

Today Trump issued two executive orders aimed at tightening immigration enforcement in the United States. He has not yet issued the much-anticipated order on refugees and cutting off visas from "terror-prone" countries. That order is expected tomorrow - we will analyze it here once it is available. Here is our initial review of the Executive Order on Interior Enforcement. We…

The Form I-864, Affidavit of Support imposes serious financial obligations on a  sponsor who signs the form. If you have signed and filed a Form I-864, can you withdraw the form if you change your mind? Under some circumstances, yes. Withdrawing a Form I-864 is not a simple matter. I strongly encourage you to retain an attorney if you wish…

It's just a fact - marriage and fiancé(e) visas take a long time. The process starts when the U.S. petitioner files an I-130 (marriage) or I-129F (fiancé(e)) petition. After the petition is filed, all you can do is wait for its approval. Recently, processing times have been between two and six months for the initial approval. For this reason, it's…

The Department of State announced yesterday that original ink signatures are no longer required on I-864 series forms. Instead, applicants may provide photocopies of the the form, rather than the original. This new policy will make it easier for applicants to comply with standards at the National Visa Center (NVC). The policy takes effect on January 1, 2017. The new…

A U.S. immigration officer presumes that all persons travelling to the U.S. have “immigrant intent.” Immigrant intent means the person has the intention to stay permanently in the U.S.. If you are traveling to the U.S. on a temporary visa, you are required to prove that you do not plan to remain in the U.S. But the concept of immigrant…

Thanks to everyone who came out yesterday to hear Jenny Anderson and I speak at Seattle University School of Law. In her portion of the talk on building a law firm, Jenny spoke about the importance of articulating a law firm's internal values. I agree with her 100% on that point. Why worry about articulating a law firm's "values?" Isn't…

On December 23, 2016 USCIS filing fees are going to increase. In some cases, they will increase a lot. This post highlights the changes that will most impact our clients. A table below gives a full list of all new fees, and shows by how much a fee increased. When do new USCIS fees take effect? The new USCIS fees…

Yesterday president-elect Donald Trump took to YouTube to update the nation on what he plans to do during his first 100 days in office. As we analyzed here, he had previously identified a number of serious immigration policy matters that he planned to tackle as soon as he takes office. But in the YouTube video, Trump focuses on issues other…

We have been fielding a lot of nervous emails from clients and community members going through the I-751 petition process. They are worried about whether the Trump administration will make this process more difficult, or altogether stop the I-751 program. Fortunately, at least at this time, there is no reason to think that will happen. But there are reasons to…

If Donald Trump’s own words are taken seriously then his administration will make massive changes in United States immigration policy. This post examines the first five changes that Trump claims he will make when he takes office. Another post will examine the more long-term changes he claims will be made. Trump’s campaign promises regarding immigration policy are summarized in his…

Immigrant families across the United States are worried about what a Trump presidency will mean for them. If you have applied for a U-Visa as a crime victim, or are planning to, will President Trump make it harder to get your visa? The president’s powers are limited by the constitution. The United States government operates on the basis of separation…

The material listed accompanies our August 31, 2016 webinar, Advanced I-864 Issues. The material in the body of this post was drafted along with Heather L. Poole and Ann Robertson for a panel at AILA National 2015 entitled Complicated Affidavit of Support Issues. Assume that any good material came from Heather and Ann, and any errors my own. Note that FAM references are…

There are a lot of items that go into a marriage-based adjustment of status application - also called a green card application. If you are handling the process yourself it can be very stressful to ensure that you are including all of the required items. We have created the instructions on this page based on the protocol we follow at…

When you are preparing an application for US Citizenship and Immigration Services do you need to provide original documents? The short answer is generally no - under current rules you are allowed to provide copies with your initial packet. If you provide copies with your original packet, however, you may be required to bring the original to your in-person interview. If…

Running a business comes with a lot of paperwork. Businesses have to worry about licenses, taxes, rules and regulation. But did you know that businesses are also required to screen their employees for valid immigration status? More specifically, businesses are required to ensure that each and every employee has documentation that they are authorized to work in the United States. This post explains…

This piece originally appeared as an article in the Washington State Bar Association's NW Lawyer magazine.   Most of us are now familiar with “daily deal” websites such as Groupon and Living Social, which sell steeply discounted vouchers for goods and services.  While daily deal sites typically hawk treats from cupcakes to spa treatments, professionals – including lawyers – have…

This post contains the written materials for our webinar on Immigration and Adoption 101. Our speaker is Gretchen Korb-Nice, a Washington attorney at Holman Cahill who assists clients with domestic adoptions in Washington State and with international adoptions from across the globe.  Gretchen's outline is available below, or may be downloaded here: Download Gretchen's outline here. To learn about other…

Several time per week I get a question that comes something like this: I'm a U.S. citizen and my wife is from China [or insert any other country. She has a visitor's visa and is planning to come to the U.S. later this month. Will we be able to adjust status so she can get a green card? Or here…

Immigration law recognizes that a foreign national must be competent to face removal (i.e., deportation) proceedings. When a respondent lacks competence, however, proceedings do not cease. Rather, the immigration judge is instructed to implement “safeguards” to ensure fair proceedings. The immigration framework for competency is incoherent because it does not require that “safeguards” resolve a respondent’s incompetence. Rather, they recommended…

Congratulations! You've been through the long process, and now you finally have your greencard. You're a lawful permanent resident... but now what? This post describes some important information you need to understand about your new legal status. Conditional residence. (2-year card). Look at your greencard. Is it valid for two years or for ten? If the answer is two then…

One of the questions that is usually at the very top of our client’ list is this: how do I prove to the immigration agencies that I am in a real relationship. That is a fair question, but as I’ll discuss, most people worry too much about the issue (and tend not to worry enough about other issues they haven’t…

It is common to have the choice of pursuing either a marriage-based visa or fiancé(e) (I-129F, K-1) visa. Let's look at the advantages and disadvantages of each. But first we'll start with an overview of what the two processes look like, since they're importantly different from each other. Marriage-based visa process Let's start with some terminology. Once you start doing…

Thanks to everyone who attended today's talk at Seattle University School of Law on legal technology for law firms. Thanks also to the Access to Justice Institute, Diana Singleton and the Washington Bar Association's Low Bono for hosting the event. And thanks finally to Charity Anastasio, Jeff Liang, and Forrest Carlson for talking on the panel. Video from the event…

Associate attorney Gustavo Cueva has received the a 2016 Client Choice Award from Avvo in the field of immigration - a result of the very high ratings given to him by former clients. I'm very proud of the excellent work Gustavo has done for his many happy clients. Here are just some of the things his clients have had to…

This post provides a basic overview for assisting clients who enter the United States on the Visa Waiver Program and wish to seek adjustment of status. The post provided as the written materials that accompany today's webinar on the topic. The video above is a re-recording of the webinar. ESTA/Visa Waiver Program 101 First, a word about terminology. The Visa…

  Sachin Bhatia, Chief Product Officer for Avvo, speaks on how law firms can use Key Performance Indicators to develop better client service. This talk was hosted on April 21, 2016 by Evolve Law in Seattle, WA.

Greg McLawsen will be speaking at Seattle University's Access to Justice Institute on June 1, 2016 (noon) about setting up technology for law practice. 1.5 CLE credits are pending approval for Washington State attorneys. Attendance is free. Learn more here.

Today we broadcast a webinar on the topic of how to conduct initial consultations with family-based immigration clients. The event was hosted by the New Members Division of the American Immigration Lawyers Association (Washington Chapter). The speaker is John Wheaton, an outstanding immigration attorney in Seattle, Washington who handles family-based immigration, removal defense and criminal representation. (While not affiliated with…

If your U.S. citizen/resident spouse will not cooperate with your I-751 petition, you need to seek a waiver of the joint-filing requirement. There are three waiver possible strategies available. You are allowed to pursue one or more than of these strategies simultaneously. 1. Marriage termination + good-faith marriage. An I-751 waiver may be approved on the basis that the marriage…

There are two main ways to file a report of marriage immigration fraud: Homeland Security Investigations (HIS) office of Immigration and Customs Enforcement (ICE). ICE is the enforcement arm of the immigration agencies - think of them as the immigration police. Their investigations office, HIS, has a marriage fraud tip line: 1-866-347-2423. The primary focus of their marriage fraud investigations…

Thanks to the publishing team over at Avvo! They recently featured Sound Immigration as an example of a law firm using creativity to deliver services to the New Legal Consumer. We were interviewed for a white paper, Sink or swim: Are you adapting to the New Legal Consumer? The paper reports on the data from a 2015 study conducted by…

When: Tuesday, May 24, 2016 from 12:00 PM to 12:30 PM (PDT). If a foreign national comes to the U.S. on ESTA/VWP, is she elligible to adjust status to permanent resident? Learn the ropes in this free 30-minute webinar. CLE credit is available (.5 credits pending) for $10. Under the Visa Waiver Program (VWP) nationals of certain “low risk” countries…

When Wednesday, June 29, 2016 from 12:00 PM to 1:00 PM (PDT). Immigration lawyers frequently need psychological evidence in support of waiver cases. But mental health professionals have importantly distinct areas of focus. This webinar will explain the role of forensic psychologists, who provide expert testimony and reports to guide legal decision making. We will discuss what you should expect…

An introduction to handling consultations in family-based immigration matters. When: Friday, May 13, 2016 from 12:00 PM to 1:00 PM (PDT) Are you a lawyer new to immigration, or considering expanding into the practice area? Join us for an introduction to handling consultations for family-based immigration clients. This event is hosted by the New Member's Division of the American Immigration…

One of my core beliefs in managing our law firm is that we should borrow ideas from businesses outside the legal field. Attorneys are notoriously slow to adopt new ideas. While the rest of the world rushes by with creative new ways of getting things done, law firms are too often left behind. A prime example of that is in…

Today on the Washington State Bar Association's blog I've done a short post how lawyers can use kanban to visualize work flow. Kanban - and Agile project management generally - is a system most often associated with software development and tech startups. At Sound Immigration we use this visual project management system to improve our effectiveness and speed when working…

This month we're showcasing the landscape photography of Salvador Armendariz. Now based in Denver, I met Salvador almost a decade ago when we worked together at the non-profit law firm, Nebraska Appleseed. We reconnected several years later when I helped Salvador through the process of becoming a U.S. citizen. By day Salvador is a research associate at the University of…

It is a violation of Washington State law to advertise services as a notario publico. If you paid a notario for immigration services you may be entitled to recover money from that individual or his business. A notario's victim may also qualify for a crime victim U-Visa. Who is a notario? The terms notario or notario publico refer to someone who is not licensed to…

This week I attended Evolve Law's CLE explaining how lawyers can use Key Performance Indicators (KPIs).  The event was co-sponsored by the Seattle Legal Technology and Innovation Meetup group, which I co-facilitate with Dan Lear. The very good panel featured Frances King (Business & Account Manager, Microsoft), Andres Hermosilla (Continuous Performance Improvement Consultant, Seattle Children’s), Bernadette Bulacan (Director, Market Development,…

Where can you find USCIS immigration forms? Right here! All immigration forms are freely available for download from the official USCIS website (www.uscis.gov). You should never pay anyone for a blank USCIS form since they can be downloaded for free. All official USCIS forms are listed below for easy access.  General suggestions when using immigration forms. Always ensure you are using…

   Many individuals get their immigration status in the U.S. through marriage. What happens if such a person gets divorced from their spouse? The consequences depend on the situation.   What happens if I get divorced when my spouse is petitioning for my permanent residence?  If parties divorce during the immigration process this will generally prevent the foreign spouse from becoming…

What do immigration lawyers actually do? If you're going through the immigration process, do you need one? These are completely fair questions, so let's start with two important points: You are never required to use an immigration lawyer. The immigration statute gives you the right to have an immigration attorney if you want to retain one. The attorney can file legal…

This month I had the opportunity to return to the University of Nebraska College of Law to talk about the future of the legal profession (as I see it). Professor Eric Berger is a good friend from the days when I served as his research assistant for his work on constitutional law issues. When he was out in Seattle last…

After a petition (I-129F or I-130) is approved by USCIS it will then be transferred to the National Visa Center (NVC). (For an overview of the process, follow this link). But how long does that take? Historically we've seen this process take between 30 and 60 days. But recently we've seen delays of up to five months! This can happen for…

Tax season makes filing out the I-864 even more complicated. Here's a common situation that we see often. It's February or March. You haven't yet filed last year's income taxes. But you also got a bit of a raise, so your "current income" is different than previous tax years. As required, you report the past three years of income tax…

The day has finally come. It's been months and months since you filed the original petition. You've been through more paperwork than you can remember. Now, finally, it's time for your visa interview at the consulate. What can you do to maximize your chances of success? There are no secrets to a visa interview. But there are common sense steps…

If you get a green card through marriage to a US citizen or legal permanent resident, and you have been married for less than two years, then you will be issued a conditional green card. A conditional green card expires two years after it is issued. In the 90 days before its expiration you need to file an application to…

Starting March 17, 2015, the Vermont Service Center (which handles all U visa applications) has started issuing 2 year work authorization to any eligible U visa petitioner who includes an I-765 application (Application for Employment Authorization) with their U visa petition. How the new work authorization rules work. Victims of certain crimes may be eligible to apply for the U…

All marriage-based immigration visas require a promise by the U.S. citizen petitioner to financially support the foreign spouse. The Form I-864 Affidavit of Support is a binding contract between the petitioner and the U.S. government. Financial support under the I-864 contract lasts indefinitely and survives dissolution of marriage. The foreign national spouse may sue to enforce the right to support…

The I-864 is a binding legal contract between you and the United States government. Too often, people sign the Form I-864 without understanding the serious consequences of doing so. This post offers a detailed explanation of the legal ramifications of signing a Form I-864. Note that the discussion in this post applies to you regardless of whether you are signing…

In this piece in the Tacoma News Tribune I argue that Americans will be hurt if the fiancé visa program becomes more difficult. Following the violence in San Bernardino there has been talk of ratcheting down on fiancé(e) visas, but behind every fiancé(e) visa is a U.S. citizen longing to be united with a loved one.

The National Visa Center (NVC) is where immigration cases can start to get really, really complicated. This post walks you through how to take care of paying your visa fee once you receive an invoice from the NVC.  We assume you're working on a family-based case for this discussion. Before you begin make sure you have (1) your NVC invoice…

The most important step of the naturalization process is determining whether you are eligible to apply in the first place. It is critical to recognize that the risk is not simply that your N-400 could be denied, and the filing fee wasted. It is possible for a permanent resident to unknowingly lose residency status, or to otherwise become subject to…

How long will it take for USCIS to decide a case? There is no simple way to find the answer to this. That is, you can't just go to a USCIS webpage that will give you a definitive answer for a particular case type. With that caveat, though, there are some tools available to help you get an idea of…

You've filed your immigration case... but nothing has happened. Is there a problem? Did the case fall through the cracks? It is easy (and free) to check the status of your USCIS case online. First, navigate to the official USCIS online case status system at https://egov.uscis.gov/casestatus. Here's what the webpage looks like as of the time of writing: You'll see…

Under the Visa Waiver Program (VWP) nationals of certain "low risk" countries are allowed to travel to the U.S. without a visa. These individuals register with the online Electronic System for Travel Authorization (ESTA) before traveling to the U.S. Most people use the terms ESTA and VWP interchangeably. When someone comes to the U.S. through ESTA, are they allowed to…

There are five basic ways in which marriage may facilitate a foreign national’s immigration to the United States. The first three are strategies available to a U.S. petitioner  who wishes to gain legal status for his spouse or fiancé(e). The fourth is available to a foreign spouse who finds herself in an abusive relationship with a U.S. citizen or resident…

Over the weekend our firm was proud to co-sponsor the first ever Social Justice Hackathon at Seattle University School of Law. This event brought together law-trained professionals, designers and programmers to collaborate. Teams competed over the weekend to create projects that helped to solve our State's access to justice problem. On Saturday night the teams demoed their projects and I…

Travel is just eating in a place we’ve never been. ~Jim Gaffigan There are reasons to travel that have nothing to do with food. Or so I am told. There's no easier way to intimately connect with a new place than to experience how the locals feed themselves. My new favorite past time is to walk uninvited into restaurant kitchens and…

Download this free Guide in .pdf format here   This Guide has been prepared for the purpose of providing general instructions for completing the Form I-864, Affidavit of Support. By using this Guide you agree that no attorney-client relationship exists between you and Sound Immigration nor any of its attorneys. This Guide is made available at no cost and may…

Later this morning I'm heading over to Seattle to talk to the folks at the Military Spouse J.D. Network about technology tools for working remotely. Pleased to be sharing the podium with co-presenters Bill Hayden and Forrest Carlson. Since email is a scourge upon the earth, I figured that I'd post presentation materials here rather than fill up attendees' inboxes…

India, bless its heart, is a country that really does bureaucracy. Purchasing a train ticket can engender a psychotic breakdown. Stand in one mosh-pit line to identify the reservation you want, then another to secure the purchase. God help you if your train is sold out (it will be) and you need to take recourse to the Tatkal Scheme. (Scheme in Indian…

Forgive me, since this has nothing to do with anything that's helpful to anyone professionally. But it may change your life when you travel. It may be that the rest of the traveling world has known about this since time immemorial, but this was an epiphany for me: you can design your own menu at bad restaurants. Allow me. The…

Kolata, as it turns out, really  knows rain and humidity. We swam out of the hotel lobby this morning into air with the viscosity of lassi. Now we're taking refuge as the streets go Venice style. Yesterday we returned from the sundarbans, the world's largest mangrove forest. Nearly five million people live on the Indian side alone (most of the territory is in…

This week Jules and I are holing up in the storied and fascinating city of Kolkata. The ex-seat of the British raj, this steamy metropolis with its crumbling colonialism channels Myanmar's Yangoon more so than it's larger Indian sister city, New Delhi. Bracing for what we (correctly) figured would be a pretty intense urban experience, we went further up-market with…

They carried all they could bear, and then some, including a silent awe for the terrible power of the things they carried." -Tim O'Brien,  The Things They Carried "How much does your life weigh? . . . You start with the little things. The things on shelves and in drawers, the knick-knacks, the collectibles. Feel the weight as that adds up."…

Hard to know which was the last straw. But one of the straws was Christmas 2012, which Jules and I spent refinishing our kitchen floor. Earlier that year we'd bought our first house - a great place - in the historic Proctor District in Tacoma, Washington. Historic comes with baggage, which in our case included an ancient kitchen that left a lot to…