Immigrating to the U.S. as the Spouse or Fiancée of a U.S. Citizen

If you’re a U.S. Citizen and in a relationship with a foreign national who lives abroad, you might be thinking about bringing them to the U.S. to get married and apply for permanent residence.  There are two ways to do this. 

Fiancée Visa

Many people immediately jump to the fiancée visa, also known as the K-1 visa.  This visa is for people who are not married yet but are intending to get married, and want to do so in the U.S.  However, there are some serious negative factors to consider in deciding whether the K-1 visa is for you.  The main problem with this visa is that once you arrive in the U.S. with your K-1 visa, you have to go through a second process in the U.S. to actually gain permanent residence.  While you’re waiting for this process to go through, which can take 6-9 months or longer, you will likely not be authorized to work, and will not be allowed leave the U.S. except in cases of an emergency. 

There are some reasons why one would need to choose the fiancée visa, however.  These would include situations in which the U.S. Citizen and her fiancée are not allowed to get married abroad.  This scenario often comes up in same-sex relationships, where the fiancée lives in a country that does not allow same-sex marriages.  Additionally, if the foreign national lives in a country to which the U.S. Citizen cannot travel (such as for safety reasons), the foreign national may need the fiancée visa to actually be present at his wedding.  And finally, it is sometimes a bit faster, perhaps 6 months faster, to secure this visa than a marriage-based immigrant visa (as explained below). 

In order to be eligible for a fiancée visa, the couple must have physically seen each other in the last two years, with some limited exceptions.  They must show that they have a good faith relationship and that they intend to get married in the U.S. within 90 days of the foreign national’s entry to the U.S. 

The application process is in three steps.  First, the U.S. Citizen must file the I-129F fiancée visa petition with U.S. Citizenship & Immigration Services (USCIS).  After approval, the case is forwarded to the U.S. Consulate for processing.  The foreign national must file the DS-160 application for nonimmigrant visa, and must submit documents as specified by the U.S. Consulate.  The foreign national then attends an interview at the U.S. Consulate, and if all goes well, the Consulate will approve the case and issue the visa.  The foreign national will then enter the U.S. and must get married within 90 days.  Step three of this process is applying for permanent residence with USCIS, which should also happen within 90 days of entering the U.S.

Marriage-based Immigrant Visa

The second way to immigrate to the U.S. based on a relationship with a U.S. Citizen is by getting married first, and then applying for an immigrant visa.  The advantage of this process over the fiancée visa is that, at the end of the consular portion of the case, you have permanent residence, rather than just a temporary visa.  Though the fiancée visa may be a slightly faster way to make an entry to the U.S., the immigrant visa process is a faster way to actually get to the end goal of permanent residence.  Thus, when you enter the U.S. as a permanent resident, you are immediately eligible to work and travel abroad. 

 The application process is in two main steps.  First, the U.S. Citizen files an I-130 petition with U.S. Citizenship.  After it’s approved, it is forwarded to the National Visa Center of the U.S. State Department to prepare the case for the interview at the U.S. Consulate.  The application process is explained more in this prior blog post

Differences in Consular Processing

While the fiancée visa and the marriage-based immigrant visa have some similarities in the way the initial petition is processed by USCIS in the U.S., there are also some big differences when it comes to handling by the U.S. Consulate.  For immigrant visa cases, the National Visa Center (“NVC”) has a large role to play.  The NVC is an office of the U.S. State Department that prepares immigrant visa cases for their interviews at U.S. Consulates.  When the NVC receives a case from USCIS, it issues a welcome letter and requires a fee payment to begin.  It directs applicants to complete the DS-260 immigrant visa application, and to upload many documents to its online portal, called CEAC.  The NVC is also in charge of interview scheduling for immigrant visa applicants. 

For fiancée visa cases, the NVC has almost no role to play.  It will assign these cases consular ID numbers and will hold the cases until the Consulate is ready to process them.  Aside from that, you primarily communicate directly with the U.S. Consulate.  Once the Consulate is ready to process the case, it will send you a letter that gives you instructions about how to provide it with the forms and documents it requires.  Each Consulate processes these cases a bit differently.  The Consulates always require completion of the I-134 affidavit of support, as well as biographical documents and police certificates.

Final Words

There are a couple of final things to remember for these cases.  First, it is very important to read all government instructions very carefully and provide USCIS and the State Department with all of the documents that they require.  Secondly, these cases take time to process.  Obtaining a K-1 fiancee visa will take at least a year; immigrant visas take at least 18 months.  The COVID-19 pandemic has added additional delays, as the Consulates struggle to process cases after being closed for months, while still facing staff shortages and other limited operations.  Thus, at present, even those processing times are optimistic at best. Insisting on a set date by which you need or want your application to be completed, particularly if that set date is less than the usual processing times, is not realistic and will just cause you and your family added anxiety and stress.  The key is to be flexible and to understand that, after a wait, your case will be processed and with a lot of preparation, you and your spouse will be reunited in the U.S.

 

The above is not legal advice and should not be acted upon as such.  USCIS and State Department applications and processes can be complicated and carry serious consequences.  We recommend consultation with counsel prior to proceeding.

What to Expect at Your Immigration Interview

Receiving that interview notice from USCIS is a momentous step in one’s immigration case.  At the end of your interview, you could be on your way to permanent residence or U.S. Citizenship.  It is helpful to know what to expect and how to prepare.

U.S. Citizenship and Immigration Services (“USCIS”) interviews immigrants on several different types of applications.  These include adjustment of status (also known as permanent residence or a “green card” application), U.S. naturalization, I-130 petitions for immigrant family members, and I-751 petitions to remove conditions on residence.   This blog post will cover the first two applications, which are the most common reasons for a USCIS interview.

Prior to the interview, you will have mailed your application to USCIS, along with as much supporting evidence as possible.  At our office, we always review the application instructions to understand what evidence USCIS requires, and we provide as much evidence as is available at the time we file the application.  In most cases, you will have already attended a short “biometrics” appointment at a USCIS Application Support Center, at which USCIS takes your fingerprints and photograph.   USCIS will typically provide about a month’s notice of your upcoming interview.

Preparation for the Interview

When you receive your interview notice, pay close attention to the date, time and location of the interview.  In the Boston area, for example, there are two USCIS Field Offices that conduct interviews, in Boston and Lawrence.  You will want to make sure that you attend your interview at the correct office.

For permanent residence applicants, you will want to be sure that you submitted all of the required supporting evidence to USCIS, and if you did not, you should gather it now, make copies, and be prepared to provide those copies to USCIS.  If you have not already completed and submitted your I-693 medical exam, you should get that scheduled right away, and be ready to bring the exam results to your interview.

If you need an interpreter, you should arrange for that right away.  Applicants are required to provide their own interpreter; this is not something that USCIS provides.  An interpreter must not be connected to your immigration case; for example, if you’re applying for permanent residence through your marriage, your spouse cannot be your interpreter.  The ideal scenario is to hire a professional and experienced interpreter to come with you to your interview.  During COVID-19 protocols, the interpreter should appear by phone.

For citizenship applicants, you will want to practice the civics test questions that you will be asked at your interview.  USCIS picks from a list of 100 questions.  You must get 6 out of 10 questions correct to pass.  The list of questions is available on the USCIS website.

In most cases, a citizenship applicant will not be allowed to use an interpreter.  There are exceptions for people with disabilities, for people who are at least 50 years old and have had permanent residence for at least 20 years, and for people who are at least 55 years old and have had permanent residence for 15 years. 

To prepare for the interview, you should review all of the questions on the forms that you sent to USCIS.  The officer will go through these questions with you, so you should be familiar with them.  The forms contain pages and pages of questions about your history.  If you answered “yes” to any of these questions, you should consult with an immigration attorney about the impact this may have on your application and your immigration status.

If you need to update your answers to any of the questions on the forms (for example, changes in address, job or travel history), you should type up and print your answers on a page that you can present to the officer at the beginning of your interview.  If you have changed your address since the time you filed your application, you should notify USCIS of this immediately, using their electronic system.  

You should bring your original documents to your interview, including your passport, immigration documents, birth certificate, marriage certificate, and divorce decrees (if applicable).  Depending on your individual case, there may be other original documents that you should bring with you to your interview.

 What if I need to reschedule?

If the interview is scheduled on a day that you just cannot attend, it is possible to request rescheduling.  Acceptable reasons to reschedule include medical or health reasons, pre-planned travel, or urgent work or family obligations that cannot be rescheduled.  A request to reschedule your interview could delay your case, so you should only reschedule if you absolutely must.  In most cases, the delay will usually only involve a few weeks, but sometimes it is much longer.

At the current time, the only way to reschedule an interview is by calling the USCIS Contact Center at (800) 375-5283.  In addition to calling the Contact Center, it is also a good idea to send a letter to the local USCIS office, confirming that you have requested rescheduling through the Contact Center.

If, on the day of your interview, you are sick, you should make every effort to call the Contact Center to reschedule.  If you are not able to call, due to serious illness or hospitalization, you should call as soon as you’re able, and also send a letter to the local USCIS office, explaining your absence at your interview.  Do not go to your USCIS interview if you are sick. 

On your interview day

On the day of your interview, you should plan to be at the USCIS office at least 20 minutes before your interview.  You should dress as if you’re attending a job interview or other important function.  Although these interviews are often short, you should plan to spend two to three hours at the USCIS office.  Thus, you should make arrangements with your job and your childcare provider for this.  To enter the USCIS office, you will be required to pass through a security detector.  During COVID-19, you will be asked questions about your out-of-state travel, as well as any COVID symptoms or exposure.  You are required to wear a face mask at all times, and it is recommended that you also carry anti-bacterial gel and your own pen with you.

After arriving and passing through security, you should check in at the USCIS office by presenting your interview letter to the officer at the front desk.  The officer will scan and stamp your interview notice, make a notation in their computer system that you are present, and they may also issue you a number that the USCIS officer will use to call you when it is your turn to be interviewed.

After a wait that could be anywhere from 5 minutes to over an hour, an officer will call you into a smaller, more private office to conduct your interview.  (If you are waiting more than 30 minutes at USCIS, you can politely inquire at the front desk regarding the delay).  Once in the office, the USCIS officer will ask you to remain standing and will place you under oath.  After administering the oath, the officer will ask to see your passport, permanent resident card (if applicable), and other identification, if available.  Usually, the officer will take your fingerprint and photo, using portable equipment on their desk.  Your immigration file may be a paper file or a digital file.  The officer will have the file on their desk or in their computer, and will review it during the interview.

Citizenship Interviews

For citizenship interviews, you will be expected to attend the interview alone, unless you qualify for an interpreter, as discussed above.  After the COVID-19 pandemic has ended, it is possible that USCIS will change the format of this interview and split it up into two or three sections.  If this were to happen, parts of the interview would occur in the waiting room at a counter, and at least one part of the interview would be conducted in a private room.  However, as of the date of this post, the full interview is conducted at one time in one private office.

During the first part of the interview, the officer will ask you the civics questions, and will also ask you to read and write in English, using an electronic tablet.  

If you pass these tests, the officer will then go through your citizenship application with you, repeating many of the questions that you answered when you filled out the form.  If there are corrections, the officer will note those in their computer, and at the end of the interview, they will ask you to approve of their corrections.

At the end of the interview, the officer will ask you to sign a statement that you understand and agree to the oath of allegiance, that all of the biographical information on your expected naturalization certificate is correct, and that you approve of edits and additions to your citizenship application.  This is typically done on the same electronic tablet that is also used for your English test.

If the officer recommends approval of your application, they will notify you of this and provide you with a written decision.  During COVID, USCIS will often conduct same-day oath ceremonies.  If they are not conducting a same-day oath ceremony, they will either provide you with a notice of the date and time of your oath ceremony, or they will mail that to you later.

If the officer needs to review your file further, they will give you a written notice of this, and then you must wait to hear from USCIS about your case.  If you do not pass the English or civics test, you will be called back after 60 days to take these tests again.

Adjustment of Status Interviews

For adjustment interviews based on a family petition, your petitioner must appear at the interview with you.  If you are adjusting status based on marriage, you should know that USCIS in Massachusetts typically interviews each spouse separately about their relationship.  (Other USCIS offices have varying policies regarding separation of spouses).  The officer will ask specific questions about your relationship and your life together, and will compare the answers between you and your spouse to ensure that the answers match reasonably well. 

The officer will also go through your adjustment application with you, repeating many of the questions that you answered when you filled out the form.  If there are corrections, the officer will note those in their computer, and at the end of the interview, they will ask you to approve of their corrections.  The officer may also ask to see your original documents, even if you provided copies when you filed your immigration forms.

If you have additional supporting evidence, you can provide it to the officer either at the beginning or end of the interview.  Many officers will ask you if you have any additional evidence to provide.  For marriage-based adjustment cases, it is a good idea to bring additional evidence that your marriage was in good faith.

At the end of the interview, the officer will ask you to sign a statement attesting that your application is true and correct, and approving of any edits or changes to the application.  It is common for the officer not to inform you of their decision in your case at the time of the interview.  Often, they need to review your file further before making a decision.  Some officers will let you know if they plan to recommend approval of your case, and you can certainly ask the officer at the end of the interview about how they are inclined to decide your case.  If the officer seems to have reservations about your case, you should ask for more information, as there may be documents or an explanation that you can provide that will help them in making their decision.

If the officer approves your application, you will typically receive your green card around 10 days after the interview.  If you sign up for e-mail case updates on the USCIS website, you will get an e-mail when your card has been mailed, with U.S. Post Office tracking information.   

If the officer needs to review your file further, you will wait to hear from USCIS about your case at a later date.  Sometimes the officer needs additional documents or information from you, and will issue you a Request for Evidence, explaining what is needed and the deadline for providing it.  Responding to a Request for Evidence is critical to the success of your case and you should take the filing deadline very seriously.

What if my case is denied?

If your application is denied, USCIS should provide you with a written notice that explains the reasons for this.  In some cases, you can appeal the decision, but you will have a very short window of time to make that appeal.  You should read correspondence from USCIS very carefully to understand your obligations and deadlines.

What if my case is approved?

If your case is approved, congratulations!  Be sure to make copies of your green card or naturalization certificate, in case you need to replace these documents in the future. 

The above is not legal advice and should not be acted upon as such.  USCIS applications can be complicated, and carry serious consequences.  We recommend consultation with counsel prior to proceeding.

Immigrant Visa Processing for Family Abroad

Petitioning for permanent residence for family living abroad is typically a multi-step process that involves several U.S. government agencies.  For those considered “immediate relatives,” which are the spouse, minor children or parents of U.S. Citizens, the process typically takes at least 18 months, and we expect additional delays related to COVID-19 closures.   Following is a list of the typical application steps.

1) I-130 petition to US Citizenship & Immigration Services (USCIS).

 In order to initiate the immigrant visa process for certain family members, the I-130 petition and supporting documents must be sent to USCIS.  This petition establishes the immigration status of the petitioner and the relationship between the petitioner and the beneficiary (also known as the immigrant visa applicant). 

U.S. Citizens are allowed to petition for spouses, children, parents, and siblings.  Lawful permanent residents are allowed to petition for spouses and unmarried children. 

 2) Case is forwarded to the US State Department, at the National Visa Center 

After I-130 approval, USCIS forwards the case to the U.S. State Department, which oversees visa processing for all those living abroad.  The State Department’s National Visa Center  (“NVC”) oversees the acceptance of all necessary documents and forms, and it prepares the case for the eventual interview at the U.S. Consulate.  When the NVC receives the case, they send an e-mail to the applicants and their attorney that assigns a consular case ID and login instructions for their on-line portal.

Note: if the family member is not an immediate relative (such as adult children of U.S. Citizens, spouses and unmarried children of permanent residents, and siblings of U.S. Citizens), they will placed on a waiting list until a visa number is available.  When they come close to the top of the waiting list, the NVC will then notify them and consular processing will begin then. 

 3) Filing with the NVC

While the case is at the NVC, the applicant is required to pay DOS filing fees (currently totaling $445).  They also must complete an on-line visa application (the DS-260 form), upload financial documents including the I-864 affidavit of support, and biographical documents. This is all done on the NVC on-line portal.

 4) Case is reviewed by NVC and placed in queue for interview. 

 The NVC will make sure that all the required documents have been submitted, and if everything is complete, they will put the case in queue for scheduling for the interview at the U.S. Consulate.  They will send an e-mail to the applicant and attorney that states that the case is “documentarily qualified.”

5) Interview at U.S. Consulate scheduled.

When a consular interview is scheduled, the applicant and attorney receive email notification of this.  There will also be instructions regarding completing an official medical exam, undergoing biometrics, and choosing a courier service for future delivery of passport and visa.

 6) Attend interview

The applicant attends their interview at the U.S. Consulate.  If all goes well at the interview, the U.S. Consulate will hold on to the applicant’s passport, for the purpose of issuing the immigrant visa.  The applicant will not be able to travel abroad during this time, which will typically be 2-3 weeks.

If the Consulate requires more documents, it will issue a letter that lists what they need. They will not hold onto the passport in these circumstances and will instead wait until they receive the required documents before they ask for the passport again.

 7) Visa issued, passport returned, travel to US.

After the visa is issued, the U.S. Consulate will return the applicant’s passport to them, typically through a courier service.  The applicant must enter the U.S. before the visa expires (it is typically valid for 6 months).  When the applicant enters the U.S., they will become a permanent resident of the US.  Their permanent residence card (also known as a “green card”) and Social Security card will be mailed to them in the US, typically within a few weeks.

The above is not legal advice and should not be acted upon as such.  Immigrant visa processing is complicated and we recommend consultation with counsel prior to proceeding.

USCIS filing fees to increase soon

On August 3, U.S. Citizenship & Immigration Services announced significant changes to its filing fees.  These changes will go into effect on October 2, 2020.  Applications received by USCIS before October 2 can take advantage of the prior fee schedule.

The filing fees for citizenship and permanent residence are both scheduled to increase significantly.  USCIS currently charges $725 to apply for citizenship.  On October 2, this will increase to $1200 (with a $10 discount if you opt to apply on-line). 

The new fee schedule also eliminates fee bundling for I-485 applications for adjustment of status that had been in place since 2007.  Filing fees for employment authorization and advance parole travel permission have been bundled with the filing fee for adjustment of status, which is currently $1225 total. The new fee schedule eliminates this bundling and charges a separate fee for each application.  Thus, starting October 2, it will cost $2300 to apply for adjustment of status with employment authorization and advance parole.  This is an increase of $1075.

For more detailed information about the fee increases, including the full fee schedule, please review the Federal Register announcement.

Reopening

U.S. immigration offices, including U.S. Citizenship & Immigration Services (“USCIS”), Immigration Court, and the U.S. Consulates have all been closed to the public since the week of March 16, with some exceptions, due to COVID-19. 

What does this mean for USCIS?

USCIS has not conducted any permanent residence or naturalization interviews, taken biometrics, or held naturalization oath ceremonies since March 17.  Its regional offices have, however, continued to accept new applications, issue receipt notices, and make decisions on applications where an in-person interview was not required. Ramirez & Kain continues to file applications for its clients during this time.

For cases in the queue for a local interview, we expect significant delays in processing. 

Can I get a visa right now?

Visa issuance has been suspended until further notice, except in emergency circumstances. A limited group of immigrant visas are subject to President Trump’s 60-day travel ban. For more information about that, please read this blog entry.

What does this mean for Immigration Court removal hearings?

All removal hearings, with the exception of those hearings for detained immigrants, have been suspended.

How does this impact ICE operations?

The Boston office of Immigration and Customs Enforcement (ICE) has suspended in-person check-ins at their Enforcement and Removal Operation offices until August 1.  Check-ins occur by telephone until then.  Bond payment and, in some cases, first-time check-ins will still happen in person. ICE also reports that it continues to conduct enforcement operations, but with a focus on those with a criminal history or who may pose a public safety risk.

What is the plan for reopening?

We expect to see reopenings in the next month.  At the moment, the following reopening dates have been announced, though these could be extended again. Some decisions will depend on rules set in place by the state and local governments regarding social distancing.

June 4: USCIS local offices reopen

June 15: Immigration Courts reopen (updated as of 5/15).

July 1: Naturalization oath ceremonies in Massachusetts may begin to be rescheduled

August 3: In-person check-ins at ICE-ERO resume

Not announced: Reopening of U.S. Consulates.

Have a question about your individual case? Please contact us directly.

Has President Trump suspended all immigration to the U.S.? What does this mean for me and my family?

On April 22, 2020, the President published “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.”  This proclamation goes into effect at 11:59pm on April 23, 2020.  It followed a Tweet by the President and comments to the press regarding his desire to suspend immigration, as well as his three-year history of restricting immigration in a variety of ways.  The Proclamation is available by clicking here or going to this website: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/.

The proclamation suspends issuance of immigrant visas (with some exceptions) for 60 days (or until June 23, 2020), with the possibility of extensions. 

Who is affected by this Proclamation?  

The Proclamation impacts the following categories of people who were outside the U.S. at 11:59pm on April 23, 2020 and are applying for permanent residence through a U.S. Consulate:

  • Parents of U.S. Citizens;

  • Spouses and minor children of permanent residents;

  • Adult children of U.S. Citizens and permanent residents;

  • Siblings of U.S. Citizens;

  • Immigrant workers applying for permanent residence through their employer.

Who is NOT affected by this Proclamation?

  • Anyone who is here in the U.S. at 11:59pm on April 23, 2020;

  • Those who are already permanent residents;

  • Spouses and minor children (under age 21) of U.S. Citizens;

  • Immigrant workers who applied for immigrant visas to work in the healthcare field or to perform research regarding COVID-19;

  • Those coming to the U.S. with “nonimmigrant” visas such as tourist, student or work visas;

  • Those who were already issued an immigrant visa prior to 11:59pm on April 23, 2020.

Since March 20, 2020, U.S. Consulates have suspended visa issuance and consular interviews due to COVID-19 restrictions.  It is unknown when they will reopen and at what capacity.  Thus, at this moment, this Proclamation has no impact at all.  It will only have an impact when the Consulates reopen their visa operations.

If you have questions about whether you or your family members might be impacted by this Proclamation, please call our office to schedule a consultation.

Things to Consider When Planning a Trip Abroad

You’ve gained legal status in the U.S., and you’ve settled into your new life … but you’d like to go back home and visit family.  There are many things to consider to ensure that once you leave the U.S., you’ll be allowed to return.

A preliminary note: for immigrants in any status, criminal history will always impact your ability to reenter the U.S.  If you have ever faced criminal charges, you should consult with an immigration attorney before considering travel abroad.

1.   Permanent residents

One of many benefits of permanent residence is relatively easy reentries to the U.S., with some very important exceptions.   First, permanent residents are required to be living in the U.S., and spending more time here than abroad.  If you need to live in another country for more than 180 days, you should apply for a reentry permit, which protects your residence against abandonment.  Be aware, however, that lengthy trips abroad will impact your future application for U.S. Citizenship, even if you travel with a reentry permit.

Criminal history is another big reason that permanent residents run into trouble at the border.  Many crimes make permanent residents “inadmissible.”  That means that when they reenter the U.S., they could be required to see an Immigration Judge and defend themselves against deportation.  If you have any criminal record at all, even if you think the charges were thrown out or dismissed, you should consult with an immigration attorney before making any plans to travel abroad. 

Permanent residents also need a current green card and a passport from their home country to be able to travel.  We often see situations in which someone let their green card expire, and now there is an urgent reason to travel, but they can’t because of the expired green card.  The best way to prevent this from happening to you is by making sure your green card is always current.

You should also check to see if the country you’re visiting requires a visa.  Permanent residents are not always treated the same as U.S. Citizens when it comes to traveling to other countries. 

2.   Asylees and Refugees

Refugees and those who were granted asylum must apply for a refugee travel document if they wish to travel abroad.  Because of the nature of refugee and asylum status, you should not travel abroad using the passport of your home country, and you should never return to your home country.   This remains the rule even after you become a permanent resident.

Lengthy travel abroad can impact both your eligibility for permanent residence and your asylum or refugee status itself.  We recommend that you wait until you are a permanent resident to make any long trips abroad, as you can apply for a reentry permit at that point.

3.   Asylum Pending

Someone who has applied for asylum but is still waiting for a decision from Immigration should not travel abroad.  By traveling, you will be considered to have abandoned your application.

4.   Temporary Protected Status

Immigrants who have been granted Temporary Protected Status (“TPS”) are allowed to travel in some circumstances.  You must apply for travel permission, which is called advance parole.  Additionally, if you have ever been arrested by Immigration or ever had to appear in Immigration Court, you should consult with an immigration attorney before traveling.  It is especially risky for TPS holders to travel if they’ve been ordered deported in the past.

5.   DACA

Similar to those with TPS, immigrants who have been granted deferred action under the DACA program may only travel if they’ve been granted travel permission, also known as advance parole.  For those with DACA, getting advance parole is limited to circumstances like medical or family emergencies, or urgent educational or work travel.  Even if you are in one of these situations and need to travel, Immigration may still deny your request for advance parole.  We feel that it is also risky for people with DACA to travel abroad at this point in time, because the future of the DACA program itself remains uncertain.  As with TPS, folks who have ever been arrested by Immigration or had to appear in Immigration Court should consult with an immigration attorney before traveling.

6.   Green card application pending

Immigrants in this category have applied for permanent residence with Immigration, but are waiting for a decision.  In order to travel abroad, you must ask for advance permission, called advance parole, from Immigration.  Without advance parole, your green card application will be considered abandoned if you travel, and you may not be allowed to return to the U.S.  With an advance parole document, you can take short trips abroad while your application is pending.  

7.   Visas

This category is for people that have a temporary visa, such as a tourist visa, work visa, or student visa, and they remain in status at this time.  The terms of your visa will control whether you are allowed to reenter the U.S. on your current visa or need to apply for a new visa at the nearest U.S. Consulate.  Any violation of your visa (such as unauthorized work, criminal charges, or overstaying the period of time that you were allowed to stay in the U.S.) will make it difficult to use that visa again or obtain a new visa.

8.   In removal proceedings

Because of the complexities with removal (deportation) proceedings, it is important to consult with an immigration attorney if you are in removal proceedings and want to travel abroad. 

9.   Undocumented

You’ve lived in the U.S. for a while, but you either overstayed your visa or you’ve never had legal status in the U.S.  For people in this category, travel abroad usually means that you will be not be allowed to return to the U.S. for the next 10 years.  Under very limited circumstances, there are waivers available for people in this situation.  You should not travel abroad without consulting with an immigration attorney and determining if you would qualify for such a waiver.

Immigration law is complex, and this article demonstrates these complexities as they apply to travel abroad.  Please call us for a consultation if you have an upcoming overseas trip planned and would like to understand the implications of overseas travel on your future in the U.S. 

Disclaimer: All materials on this website are presented for general information purposes. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice. By providing this information, we have not formed an attorney-client relationship with anyone who may be reading it.

Why Should I Naturalize?

Clients often ask us why it is so important that they naturalize.  Many believe that permanent residence is something that is permanent, that cannot be taken away from them.  Some have mixed feelings about becoming a citizen of a country that is not where they were born or grew up.  A few folks worry that by pledging allegiance to the United States, they will no longer be a citizen of their native country. 

In order to become a U.S. Citizen, you must have been a permanent resident (or held a “green card”) for 5 years.  There are some exceptions to that time frame for those married to U.S. Citizens or who are in the U.S. military.

There are many benefits to becoming a U.S. Citizen.  First and foremost, it actually is permanent.  It is extremely rare and unlikely for your U.S. Citizenship to ever be revoked.  On the other hand, there are many reasons that the Government can take away your permanent residence.  For example, permanent residents can abandon their residence if they stay outside of the U.S. for too long.  They can also lose their residence if they are convicted of most criminal offenses, and it’s possible that Congress may come up with other ways to lose permanent residence in the future.   By becoming a U.S. Citizen, your future in the U.S. is no longer at the whim of Congress and the President.

U.S. Citizens can petition for more family members than permanent residents can, including siblings and parents, and in most cases, visa waiting lists are shorter.  They can also travel abroad without any worry about being allowed back into the U.S., even if they spend a long time away.  U.S. Citizens also have the ability to be more involved in our government.  They can serve on a jury, vote in elections, and run for any political office. 

And about fear that of losing citizenship in your home country: for many countries, this simply does not happen.  The U.S. accepts dual citizenship, so you just have to check to see if your home country also allows it. 

If you would like to know more about becoming a U.S. Citizen, we would be happy to assist.  Please call us for an appointment!

Disclaimer: All materials on this website are presented for general information purposes. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice. By providing this information, we have not formed an attorney-client relationship with anyone who may be reading it.