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Introduction:

Marriage to a U.S. citizen does not confer automatic citizenship; spouses (Surviving Spouses) of U.S. citizens can apply for naturalization. If you’ve been living in the U.S. for three years and are married to a citizen who lives with you, you can apply to become a citizen too. A person with a green card can apply to become a U.S. citizen if they meet the rules in the Immigration and Nationality Act (INA).

A person with a green card can apply for citizenship after five years; this applies to most people. Spouses of U.S. citizens can also apply sooner, after three years as permanent residents. So what happens if the U.S. If a citizen spouse dies, fortunately, the widowed spouse can still get a green card and become a U.S. citizen.

Losing a partner is a terrible tragedy that no one wants to go through. If your spouse helps you stay in the United States, their death can make you worry about your future here. Will you be able to stay in the country even if you do not yet have citizenship? How will I communicate with U.S. Citizenship and Immigration Services (USCIS) about all of this?

How can I deal with the immigration process while grieving? 

Grieving about someone you love and navigating an immigration case can be tough; if your sponsor has passed away, talk to a family attorney in NYC to help you find out if you can still apply for a green card and guide you through the process.

This article outlines a couple of things you need to know about the green card process after the death of your U.S. citizen spouse.

Eligibility Criteria to Apply for a Marriage-Based Green Card

The widow(er) of a U.S. citizen can still apply for a green card based on marriage; U.S. Citizenship and Immigration Services (USCIS) is the agency of the Department of Homeland Security (DHS) that processes immigration applications under the Immigration Nationality Act (INA).

Before October 2009, USCIS had a strict rule called “the widow’s penalty law.” Under this law, widows and widowers had to be married for at least two years before their spouse passed away to apply for a green card. The government decided it was wrong to punish widows, so they repealed the widow’s penalty law. If you’re a widow(er), you’re eligible to apply for a green card through marriage, as long as you qualify for one.

Widows can get a green card through marriage if they meet certain conditions. they include:

• You were lawfully married to a U.S. citizen 
• The marital relationship was made in good faith 
• You did not marry for immigration benefits 
• There are no inadmissibility criteria against you or your spouse 

You must also be able to provide the following information: 

• Proof of your late (Surviving Spouses) spouse’s U.S. citizenship 
• A copy of your marriage certificate 
• Proof you or your late spouse terminated any prior marriages (if applicable); and 
• A copy of your late spouse’s death certificate 

USCIS decides where you should file based on three factors: your eligibility category, where you live, and whether you’re also completing Form I-485 for permanent residence or status adjustment at the same time, which is also called “concurrent filing.” You can go to the USCIS website or a family attorney in NYC for more information on how to complete your application.

What Is the Marriage Green Card Process for Widow(er)s?

To obtain permanent resident status, the following needs to be completed. They are:

• You must have a pending or approved Form I-130, Petition for Alien Relative, or submit Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, within two years after your spouse’s death. 
• If you were married for less than two years and your spouse passed away before October 28, 2009, you must have filed one of those forms before that date in order to be eligible for a green card. 

The application process will differ depending on whether your spouse submitted a Form I-130 petition prior to their passing and whether you are applying from within or outside of the United States. Our family attorney in NYC can navigate challenges of all sizes and complexities and is prepared to help you overcome any difficulties that might arise in the wake of your spouse’s death.

Adjustment of Status

If you apply for a green card from within the US, you will go through

the adjustment of status process; if your now-deceased spouse completed Form

I-130 on your behalf before their death, U.S. Citizenship and Immigration

Services (USCIS) will change your Form I-130 case to a Form I-360 case. As a

result, you would not need to resubmit any materials; you would just need to

notify USCIS of your spouse’s death in a letter.

If your spouse did not submit Form I-130 before they passed away, you can apply instead for Form I-360. It allows USCIS to consider your request for a green card as the surviving spouse of a U.S. citizen with Form I-360. The form I-360 will ask if you got married again or were legally separated from your spouse who died in the U.S. You will not be able to apply for a green card if you answer “yes” to either of these questions.

 You need to fill out and submit Form I-485, which is the Application to Register as a Permanent Resident or Adjust Status; this applies to you regardless of the form you first filled out. USCIS usually takes 14 to 28 months to process Form I-485. They will then send you a final decision letter to inform you if your petition has been approved. The USCIS website lets you check your green card status. To do this, enter your receipt number, which USCIS provides after receiving your application.

If you are interested in learning more about completing the green card application process as a surviving spouse, a family attorney in NYC can help you with the immigration process instead of doing it alone.

Consular Processing

You must go through consular processing at the U.S. embassy or consulate in your country if you are applying for a green card from abroad. The U.S. immigration officials might convert your Form I-130 into a Form I-360 petition if your U.S. citizen spouse previously submitted it on your behalf before their passing. You have to submit Form I-360 if your spouse hasn’t previously filed Form I-130.

If your application is approved, USCIS will forward it to the National Visa Center (NVC), a U.S. The Department of State agency will get in touch with you about required documents or fees. Next, complete Form DS-260, an online application for your immigrant visa and registration. Once finished, NVC will send your file to the nearest U.S. consulate or embassy. Your embassy or consulate will reach out to you to book a time for an in-person interview and biometrics.

Medical Examination Requirement

Before your interview, you need to complete a medical examination with a USCIS-approved doctor; to find out which doctors USCIS approves, visit the website of your embassy or consulate. You’ll need to show your passport and some papers to prove you can get a green card at the interview. A consular official will interview you about your application. Then, they will decide if you get it or not. Most consular officers make their decisions within a week following the interview. 

Your consular official will issue you a U.S. visa, and after approving it, you can visit the country. You will also receive a sealed envelope with your case file inside; do not open this package; a U.S. immigration officer will do it at an official entry point. USCIS will mail your green card to your U.S. address after you officially enter the country. The consular process takes around 17–24 months.

Getting Legal Help After the Death of a Sponsor

Losing a loved one is tough, and the immigration process can make it harder; a family attorney in NYC can help you through this difficult time. They understand your pain and can help guide you through the migration process. You will not lose your opportunity to become a U.S. citizen if you become a widow(er).

Introduction

USCIS grants immigration approvals based on US immigration law. The aim is to meet the immigration needs of diverse categories of persons. Immigration approval is for a specific purpose. It gives immigration rights to the recipient. Some types of immigration permits are given to people who need help for reasons like safety or protection. Examples of these permits are asylum status and temporary protected status (TPS). People who might get hurt in their home country can come to the US to stay safe. They can be granted asylum status or temporary protected status (TPS).

The USCIS only grants TPS to people from selected countries, as designated by the Secretary of the U.S. Department of Homeland Security in consultation with the Department of State, the National Security Council, and sometimes the Department of Justice.

In other words, only people from specific countries, such as Afghanistan, Burma, El Salvador, and others, can qualify for TPS. TPS grants the holder permission to live in the US for up to 18 months, and it can be renewed multiple times. But these benefits are not long-lasting and there are certain limits inherent in a TPS.

• TPS is temporary, so if you want to stay in the US for a long time, it’s a good idea to apply for a green card soon. Many TPS holders want to become permanent residents by getting a green card. This is not a surprise.
• But there is no direct pathway from a TPS to becoming a lawful permanent resident. A TPS lawyer in NYC can help you find ways to become a green card holder if you have TPS status.
• This blog post identifies ways TPS holders can become green card holders.

TPS Adjustment of Status ( TPS lawyer in NYC)

As noted later, the adjustment of status option is not the only route for a TPS holder to get a green card, but it is easier than other options that require consular processing. A brief consultation session with a TPS lawyer in NYC will make this more apparent.

Adjustment of status is a way to apply for a green card from within the US. If you are a TPS holder, other options to get a green card might require you to go back to your home country and apply to come back to the US. This might cause some risks due to your previous time spent in the US without lawful status.

As noted earlier, there is no direct pathway to becoming a green card holder from a TPS holder. TPS holders can become lawful permanent residents and, in some cases, US citizens. They can apply to adjust their status in certain situations.

• If you, as a TPS holder, have an immediate relative who is a US citizen or a green card holder you may be eligible to get a family-based green card. There are a number of conditions that make you eligible under this head.
• If you have a child who is a US citizen and is over 21.
• If you were adopted by US citizen parents and are unmarried and under 21; or
• By getting married to a US citizen or someone with a green card. In this case,

You can apply for a marriage-based green card.

To help a TPS holder become a permanent resident under this head, a US citizen or green card holder who is an immediate relative must fill and sign Form I-130 (“Petition for Alien Relative”). Then, they can file Form I-485 (“Application to Register Permanent Residence or Adjust Status”) with the USCIS.

The process may be different if the TPS holder’s relative has a green card instead of being a US citizen. To learn about the process that suits your needs, you can talk to a TPS lawyer in NYC.

• Getting employed by a US employer. An employer in the US can petition for a TPS holder’s green card. If a TPS holder also has a job offer, they can apply for an EB-1 status directly. If you want to know if you qualify for any type of employment-based green card, talk to a TPS lawyer in NYC.

• TPS holders who are eligible can apply for Asylum Status. After one year, they can apply to become green card holders.

It is important to know that for TPS holders to benefit from any of the circumstances identified above they have to meet other eligibility requirements for each of these specific pathways of adjustment of status, which can be better assessed with the help of a TPS lawyer in NYC.

To stay in the US under the TPS program, you have to renew it regularly. If you don’t, you could face removal proceedings. But even if your TPS expires, you can still apply for other immigration approvals if you qualify.

Do you have an expired TPS as a TPS holder? You can find help from a TPS lawyer in NYC. They will review your situation and explain your immigration options.

Some Other Options Available to TPS Holders to Obtain their Green Card

TPS holders have other ways to get a green card. They can apply for U-Visas if they suffered harm due to a crime and helped law enforcement officials. TPS holders can apply for T-Visas if they are victims of human trafficking who will face extreme harm if deported and are willing to help prosecute human traffickers. After getting U-Visas or T-Visas, TPS holders can eventually apply for a green card.

TPS holders can find other limited ways to get their green card with the help of a TPS lawyer in NYC.

Get Help

Do you have TPS and want a green card? Or did your TPS expire, and you don’t know what to do? Our experienced TPS lawyers in NYC at Gehi & Associates can help you resolve your TPS-related issues easily.

Gehi & Associates have consistently thrived in helping clients successfully navigate through all their TPS-related issues with the provision of excellent legal representation and legal support to clients. Get started with us, and take advantage of our FREE CONSULTATION.

The path from an E-2 visa to a Green Card is an option that many immigrants may choose to take in order to legally enter and remain in the United States, however, you do not qualify for a green card just because you possess an E2 visa; you can still be able to get permanent residency through another method.

 The E-2 visa offers investors the opportunity to work in the United States by making a substantial financial investment in a U.S. business; for those who meet the requirements, the visa is valid for five years and may be extended indefinitely. Although the E-2 is valid for five years, you need to be aware that the date on your I-94 arrival or departure record, which might be different from the dates on your visa, is only valid for two years.

 Switching from an E-2 visa to a permanent resident can be a difficult and time-consuming process, especially when a large sum of money is at stake, you do not want to do it alone; working with an immigration attorney in NYC can help to lessen the difficulties and amount of time it takes. This blog post will discuss the different pathways to change an E2 visa to a green card.

 E2 to Green Card

If you are a treaty investor, you may be eligible for an E2 visa if you meet the following qualifications:

• Citizen of a U.S. treaty country
• Continued investment in the U.S. business
• Further business development and 50% ownership or a management position

An E-2 visa applicant may be accompanied by approved spouses and unmarried children under the age of 21. If you’re interested in starting a business in the U.S., one option to consider is to purchase a franchise and apply for an E-2 visa.

 E2 Visa to Green Card Process

 If you choose to request an adjustment of status for your E-2 visa to become a permanent resident, one common way to do it is to seek a PERM labor certification. To file your petition, you must find a sponsor who meets the requirements for your green card, obtain a PERM labor certification, and pay the filing fees.

There are several steps that need to be completed with the U.S. Department of Labor (DOL) when an employer agrees to sponsor an E-2 visa holder; as one of these steps, the employer must advertise the job opening provided to the visa holder so that American workers can apply for it. The employer must be unable to fill the position with sufficient U.S. workers.

Under the DOL framework, the PERM labor certification process currently takes roughly 11 months. However, after this process is done, the employer has to begin the process with USCIS by filling out the required forms to prove that the foreign national is qualified for the required job position and that the employer is capable of paying the prevailing wage. In the second or third preference category, an employer can sponsor an E-2 visa holder, and applicants with advanced degrees, people with extraordinary abilities, those with bachelor’s degrees, and skilled workers fall into these categories. If your case matches this pattern, you should consult with our immigration attorney in NYC to better understand the process.

How Can I Change E2 Visa to a Green Card?

Transitioning from an E2 visa to a permanent resident requires one of the following:

• Employer Sponsorship
• Family-Based Sponsorship
• EB-1 Green Card
• National Interest Waiver (NIW)
• Marriage-Based Green Card
• EB-5 Investor Program

 Certain foreign nationals who are spouses, parents, or minor children of U.S. citizens with lawful permanent residency may apply to become permanent residents themselves through family sponsorship. Other close family members may also be eligible for green cards. However, this process might take a long time.

An EB-2 National Interest Waiver may be required to obtain an adjustment of status. Our immigration attorney in NYC can assist an immigrant visa holder in navigating the tough path to permanent residency.

 Employer Sponsorship

When an employer is willing to hire and sponsor a foreign national’s visa, opportunities exist; though it can take several years to obtain a green card in this manner, the foreign national will have legal authorization to live and work in the United States during the duration of the green card application process. Individuals with degrees and/or professional qualifications are encouraged to consider switching to an H1-B visa while their permanent residency petition is being processed.

Applicants must be aware that before employing a foreign national for the role, their employer must go through the labor certification process known as Program Electronic Review Management (PERM). Consequently, the employer must first give U.S. citizens a chance to apply for the position; despite not requiring the labor certification process, some categories are extremely demanding. Contact an immigration attorney in NYC if you think you might be eligible for the EB-1 or NIW classifications.

Family-Based Sponsorship

A family member who is older than 21 and a citizen of the United States may sponsor an individual’s petition for permanent residence. For example, if the U.S. citizen is the applicant’s sibling, the process may take up to twelve years; if the U.S. citizen is the applicant’s child, the process might only take one year.

Similarly, if the applicant’s spouse is sponsored by a U.S.-based company, he or she may be able to sponsor the applicant’s green card. Which normally has a waiting time of less than two years and up to three years.

Extraordinary Ability (EB-1 Visa)

Naturally, E-2 visa holders have the option to change to an EB-1 employment-based visa with first preference; the applicant must be able to prove that they have extraordinary abilities in their specialty. These fields often include athletics, the sciences, the arts, education, and/or business. The EB-1 visa will be an ideal route to a green card for such people.

National Interest Waiver (NIW)

E-2 visa holders with advanced degrees or who are highly skilled in what they do are eligible to apply for an NIW; individuals seeking National Interest Waivers are those whose work is of national importance to the United States and whose employment benefits the country.

Fortunately, E-2 NIW individuals do not require employer sponsorship. As a result, the company is not required to go through the PERM process, which has the extra benefit of saving time. A waiver in this category signifies that the applicant has petitioned to have the requirements for employer sponsorship and labor certification waived.

Marriage-Based Green Card

An E-2 visa holder may legally sponsor their spouse’s green card application if they marry a citizen or legal permanent resident of the United States. This type of union must be legal, and the USCIS will want substantial evidence proving its sincerity.

EB-5 Visa

An investor immigrant visa (also referred to as an EB-5 visa) is an additional option; this is a means for the investor, as well as the investor’s spouse and/or children, to get a green card. For the duration of the EB-5 visa, children are allowed to live legally in the United States as long as they are under 21 and unmarried.

The typical wait period for a green card after submitting the Instructions for Petition by Investor to Remove Conditions on Permanent Resident Status (Form I-829) application is six months. Furthermore, the typical wait period for petition approval is 60 days from the filing date; while the requirements for the EB-5 category may appear simple, compliance can be difficult. If you’re interested in applying to become a permanent resident under the EB-5 program, speak with an experienced immigration attorney in NYC to help with the application process.

Applying For A Green Card

An E-2 visa is a non-immigrant status, as was previously mentioned. The visa holder (or their sponsor) must either apply at a U.S. consulate from abroad or file an adjustment of status application with USCIS while within the country in order to become a permanent resident of the United States.

It is important to note that most employment-based visa holders may only apply for permanent residency in the United States from abroad. If the petitioner desires to retain any of their present E-2 visa rights. If he or she believes it is more beneficial to forego these rights by applying for a green card from within the United States, he or she can do so. The petitioner must include the Request for Waiver of Certain Rights, Privileges, Exemptions, and Immunities (Form I-508) with the adjustment of status application.

If approved, the visa holder’s status will be changed from employment-based visa holder to permanent United States resident. Green card applicants, like other visa applicants, must file all the necessary documents and supporting evidence, attend a biometrics appointment, and interview with an immigration officer.

 Strategic and Trusted Immigration Guidance

If you are interested in mapping out your route from the E-2 visa to lawful permanent residency, our immigration attorney in NYC offers a wide range of U.S. immigration expertise, provides free consultations to potential clients, and helps foreign nationals from all around the world file successful green card applications. We would be glad to do a thorough analysis of the specifics of your case to ascertain your eligibility.

The end of a marriage can be a traumatic and exhausting process; sometimes it’s amicable, but most of the time it’s not, and if both couples are capable of working together, there are a plethora of legal issues that must be considered. The process becomes considerably more difficult when spouses are at odds; you and your spouse will eventually have to decide how to end the marriage, but first, you’ll need to understand the options and if you qualify for them.

Divorce and annulment are two distinct legal processes that end a marriage. While both result in the dissolution of a marriage, they differ in terms of the legal grounds, the manner in which they are handled, and the impact on each spouse’s status. Understanding these distinctions is important if you are in a difficult marriage and considering your choices. In this blog post, we’ll explore the key differences between the two, such as their legal definitions, reasons for filing, and the processes involved. Finally, we’ll discuss how funds and children are handled in both circumstances.

Legal Definition Of Divorce And Annulment

The legal definitions can be confusing, but understanding the distinctions is important because, while divorce is the legal dissolution of a marriage, annulment, on the other hand, declares that the marriage was never legally valid. There are three main reasons for divorce: irreconcilable differences, adultery, and desertion. Contrarily, grounds for annulment may include fraud, bigamy, and incapacity.

 It is important to highlight that following a divorce, both parties are deemed to have been married; an annulment, on the other hand, renders the marriage void from the beginning. The legal processes for divorce and annulment vary in terms of requirements, timing, and procedures; in either case, it’s important to seek guidance from a skilled matrimonial attorney in Hamstead who can help you negotiate the legal difficulties of both options.

 What Is A Divorce?

Divorce is a legal process that dissolves a marriage and allows both parties to go on with their lives. To begin the process, one spouse must file a petition with the court and go through a number of legal procedures. When spouses agree to divorce, they may have substantial differences of opinion when it comes to splitting property, bank accounts, or shares in a family business. Once there are children involved in a marriage, child custody and child support must be agreed upon and put together; when dealing with primary custody, where the children should live, and how much support should be provided, emotions can run high. This often extends the timetable for divorce proceedings. 

 The divorce can be completed once a marriage settlement agreement has been established and all the details have been ironed out. The marriage has now officially terminated, and both spouses are legally divorced. With a divorce, the marriage will always have a start and end date and be legally recognized, which is the main difference between an annulment and a divorce.

 Types of Divorce

Divorce, unlike annulments, has no different types. However, there are several approaches to the proceedings; the terms “uncontested” and “contested” are frequently used to describe how divorces are handled.

• Uncontested Divorce

Both parties must consent for there to be an uncontested divorce; therefore, the decision on how to distribute the marital assets is not one for the court. While getting both parties to agree on divorce terms might be difficult, starting with the idea that you want an uncontested divorce can be a great way to part ways peacefully. If you are unable to reach an agreement, the court will resolve the issues; however, in most cases, it is preferable to try to reach an agreement and only turn to the court as a last resort.

•  Contested Divorce

When a married couple cannot agree on the terms of their divorce, the separation is contested; therefore, the judge must decide on property division, alimony (spousal maintenance), and other issues. It is important to have an experienced matrimonial attorney in Hamstead offer legal counsel in a contested divorce.

 What Is An Annulment?

This signifies that the marriage never existed legally in the first place; also, annulment grounds are more limited than divorce grounds and can require proof of fraud, bigamy, or lack of consent.

An annulment, unlike divorce, often simplifies these concerns since the law recognizes the marriage as if it never happened. However, it is important to consult with a matrimonial attorney Hamstead to fully comprehend the implications of separation in your specific situation.

 How Do I Get An Annulment?

If you’re wondering if your marriage can be dissolved, it can, but only in certain situations, and a legal process known as an annulment effectively proclaims a marriage null and void as if it never took place. Depending on the state or country, common reasons might be used for annulment, but the most frequent ones include fraud, bigamy, coercion, mental incapacity or incompetence, and underage marriage. To find out if you have a case for annulment and to get advice on what to do, it is important to consult with a matrimonial attorney Hamstead.

 Who Is Qualified For An annulment?

Divorce and annulment are both viable options, but annulment appears to be the superior choice, while this seems like the simplest way to end any marriage. Sadly, it’s not quite that easy.

Most individuals ultimately choose divorce when deciding between annulment and divorce, and this is due to the fact that annulment is a rare choice; the majority of marriages will fall short of the annulment standards.

It is necessary to establish that your marriage falls under one of these less common situations if you wish to get an annulment. Both spouses must show:

• You were tricked or forced into marriage
• Your decision to marry was influenced by drugs, alcohol, or mental health issues
• You were under the legal marriage age
• The marriage was incestuous
• One spouse was already married
• One spouse concealed a serious issue

Due to the rare nature and severity of such situations, most people are ineligible for annulment, and a serious problem being concealed is a rather nebulous idea. It can cover a broad range of circumstances. When one spouse fails to disclose facts like a criminal record, drug or alcohol misuse disorders, or knowledge of infertility to the other, this frequently justifies an annulment.

 An annulment may be conceivable if you have proof that your spouse deliberately kept a significant, life-altering issue from you. Nonetheless, it will not be simple, as the question of annulment and divorce ends in divorce for the majority of couples.

 What Happens After An Annulment?

Since the marriage is being dissolved, the court cannot award alimony or distribute property as it would in a divorce during an annulment; before the annulment case is heard, the court might order legal costs and post-separation assistance. Any children born during the marriage are still legitimate after an annulment.

 Handling Finances And Children

Managing finances and children through a divorce may be emotionally taxing, as both processes require a thorough examination of financial assets, debts, and child custody arrangements. While divorce entails the splitting of assets and debts, annulment does not often involve asset division or support. Furthermore, the process changes between the two options when it comes to children; divorce requires a custody arrangement and visitation schedule, whereas an annulment treats the marriage as if it never happened.

 Understanding the legal implications of both options is important when it comes to finances and children; the challenges associated with either divorce or annulment can be handled by seeking legal counsel from a matrimonial attorney in Hamstead, and whatever alternative you select, keep in mind that everyone’s wellbeing and emotional health should come first during this trying time.

Consult With A Matrimonial Attorney in Hamstead

Knowing if you qualify for an annulment and whether it is in your best interests is a complex question, and the best approach to figuring out what you should do in your specific situation is to contact a qualified matrimonial attorney in Hamstead. We are here to answer your questions, explore your options, and help you understand your rights. If we represent you in your divorce, our attorneys will walk you through each step of the process as quickly as possible.