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Step 3 – Adjustment of Status

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…

Step 2 – The consulate

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…

Step 1 – The I-129F petition

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…

Other grounds of inadmissibility

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…

False claim to U.S. citizenship ground of inadmissibility

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.…

Fraud and material misrepresentation

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…

How to use this resource

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,…

How is this resource different?

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…

Illegal entry to the U.S. after unlawful presence or deportation

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…

Deportation within the past 10 years – ground of inadmissibility

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…

This Post Has 2 Comments
  1. I entered the US on 10/2015 on an ESTA visa, I left US on 5/2018(overstayed my visit), I got married last year. We never petition for adjustment of status. What can I do from from country, Chile to go back? My son and wife are in the US she is a US citizen. I had a family emergency and needed to leave. TIA. Hope you can help.

    1. Albert, unfortunately you will need an I-601 hardship waiver to re-enter the U.S., based on what you have said. But overstaying more than one year you are subject to a 10-year bar on reentry. Overcoming that requires a special pardon based on hardship to your family.

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