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USCIS proposes new public charge rules: changes impact public benefits and the Form I-864 for adjustment applicants

This is an initial draft of an article that analyzes the proposed DHS rules on public charge that were announced this weekend. It’s a work in progress. Please share any constructive criticism using the comment function. This post will be…

Will the immigration officer know what I said to CBP – or – the case of the sandwich smuggler

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…

I am waiting for my adjustment of status to be approved but my temporary EAD is expiring – what should I do?

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…

Changes to USCIS “public charge” determinations and use of the Form I-864

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 in April 2018. Download draft rules U.S. law…

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…

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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