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How Can You Help Your Relative Become a U.S. Permanent Resident?

If you have a relative who is a U.S. permanent resident and you want to sponsor them for U.S. citizenship, there are several steps you need to take. Read on and know all there to know about the U.S. permanent residency citizenship for the relative you wish to sponsor.

What are the Steps?

 

First, your relative must be eligible for citizenship through the family member sponsorship program. This means that they must not have any criminal history or other issues. They also must demonstrate that the person can financially support themselves and their dependents without assistance from the government or other sources of income, such as welfare programs or public assistance (including Medicaid).

Next, you must complete an I-130 form with the USCIS (U.S. Citizenship and Immigration Services) office closest to where your relative lives or where they currently reside if it is within 100 miles of that office; this form will request information about both yourself and your relative so that USCIS officials can determine whether or not they are eligible for citizenship through family sponsorship. Upon approval of this form, they will receive an Employment Authorization Document (EAD) card, which will allow them to legally work in the United States while waiting for the processing of their green card applications; this process typically takes between six months to two years depending on how quickly USCIS processes all applications it receives.

Can a Family Member Sponsor a Relative to Live in the USA?

 

If a relative would like to become a U.S. permanent resident, they will need to have a family member sponsor them. The person (if it is you) who sponsors their permanent residency application must meet the requirements set out by the U.S. government, which include:

  1. They must be related to you by blood, marriage, or adoption
  2. They must be over 18 years old and financially capable of supporting themselves and their family member.
  3. They must be present in the United States.
  4. They must have lived with you for at least two years before filing the petition for permanent residency on your behalf.
  5. They must be able to provide proof of financial support during this time period.

If you have a family member living in the U.S., you can sponsor them for permanent residency. This means they will be able to live and work anywhere in the U.S., as well as travel outside of the country.

To sponsor your relative, you must meet certain requirements:

  • You must be at least 18 years old and a U.S. citizen or permanent resident.
  • You and your relative must be related by blood or marriage.
  • Your relative cannot have any criminal convictions or pending criminal charges.
  • Your relative must have lived in the U.S. for at least five years before applying for citizenship.
  • Once you’ve met these requirements, you can begin the process of sponsoring your family member through USCIS (the United States Citizenship and Immigration Services).

Upon meeting all these requirements, if you are a U.S. citizen or green cardholder, you can sponsor your relative to become a permanent resident.

What Should You Submit?

 

  • You will need to fill out Form I-130, Petition for Alien Relative, and submit it to the U.S. Citizenship and Immigration Services (USCIS).
  • You will also need to provide supporting documents, such as proof of your relationship with the person you are sponsoring and evidence that they have been living in the United States with you for at least two years.
  • Once USCIS approves your petition, they will send it to the National Visa Center (NVC).
  • NVC will then forward your petition to the U.S. embassy or consulate in the country where your relative currently lives so that they can schedule an interview appointment with an immigration officer.
  • The officer will review their application and decide whether or not they should be allowed into the United States as a permanent resident based on their qualifications for entry into the country (such as their age, education level, etc.).

When you sponsor a relative, you promise to provide financial support for them during their first year in the U.S. This can be done through taxes, health insurance, and other means of providing financial support as required by law.

You also need to prove that any other family member who is currently living in the United States is capable of supporting themselves financially during this time period as well as being able to care for themselves once it has passed; this includes children under 21 years old (or up to age 23 if they are enrolled full time in high school). If no other family members can provide financial support, they will not be eligible for sponsorship under these guidelines until they reach adulthood (18 years old).

Conclusion

 

If you have a relative eligible for a family-sponsored green card, you can sponsor them for U.S. permanent residency. You must be at least 18 years old, a U.S. citizen or legal permanent resident, and have lived in the United States for at least three years before filing Form I-130F with USCIS. By satisfying all the crucial guidelines, you will be able to get permanent residency for your relative and help sponsor the person. That is the key point, and hopefully, it will help your relative get the citizenship they deserve.

If you want to get permanent residency for your relative, the assistance of a qualified immigration attorney might be very useful. They can figure out what you and your relative need and easily arrange all the documentation.

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Guide To U.S. Spouse Visa – Things You Must Know!

Do you have a spouse staying in the U.S. while you are in an overseas nation – waiting to get your green card? It is pretty natural to feel the desire to visit your spouse, but you might be wondering whether it is possible at all and whether the chances of getting your green card fast will get hurt due to that. The answer to this, similar to many other issues related to the laws pertaining to immigrating to the U.S., depends on your specific situation.

Can You Visit Your Spouse in the U.S. While Waiting For Green Card?

It is quite possible for you to visit your spouse in the U.S. while your green card application based on marriage is still pending. If you have to do that, it is necessary to submit an application for a tourist visa. However, before you go for this option, you need to understand the various risks and challenges involved.

At first, you have to convince an immigration officer that it is just for a short time that you plan to stay in the United States and would go back before the expiration of your tourist visa.

However, after that, there is another problem that you have to deal with. When you land in the U.S., you will be ‘inspected’ by a U.S. Customs and Border Protection (CBP) agent at the “port of entry” or border. You will be questioned, and you have to explain the reasons for your visit. Then, the decision to allow you an entry or ‘admission’ (as it is called) would be at the discretion of the CBP agent.

It is vital for you to note that you should never misrepresent the true reason for you to visit the U.S., either before a CBP agent/immigration officer or on an immigration form. Thus, you should not give misleading or false information to officials. Also, you should never lie about being married to a green card holder or U.S. citizen. Any misrepresentation could be considered fraud, and your application for a green card is likely to be denied in that case. An expedited removal order might even be issued, which could make you ineligible for an immigrant visa.

However, even if you have a valid tourist visa, there is no guarantee that you will get admission. In many cases, spouses who seek a green card get their entry denied at the port of entry/border when a CBP agent discovers that they have a pending marriage-based green card application or are married to someone living in the United States.

What Can You Expect?

Spouses of green card holders or U.S. citizens, particularly those with a pending I-130 petition (which is the first step to getting a marriage-based green card), frequently have to face more scrutiny. In case you use a tourist visa to visit your spouse, it could be suspected by the immigration officer in charge of processing your application that you are attempting to sidestep the process of getting a green card to shorten the time to be with your spouse.

Based on your situation, this is something that you can expect:

 

In case of an I-130 petition that is pending

You would be walking a tightrope, logically speaking, if you have a pending I-130 petition and are trying to visit the United States. You might like to stay in the United States permanently when you get a green card. However, at the moment, you have to convince the CBP agent/immigration officer that you do not have plans yet to settle in the U.S.

That can be tough if you have given up your job already and sold off all your property in your nation. Due to this reason, many people like to visit the U.S. before they do any of those things. Naturally, it is essential to present some strong proof that you have plans to come back to your home nation after your short visit. However, a risk is always there to have your entry denied. There is never any guarantee of admission.

 

In case of an I-130 petition not pending

 

If you have not yet begun the process of getting a marriage-based green card by getting an I-130 petition filed, there is no need to prove that you are not in a hurry to settle in the U.S. Still, you might have to go through extra scrutiny while applying for a tourist visa or at the time of arrival in the U.S. This is due to the reason that the CBP agent or immigration officer could have suspicions that you want to avoid the entire process of I-130 by trying to enter on a tourist visa and will then submit a marriage-based green card application after you have entered the U.S. already (which is referred to as “adjustment of status”).

In case you do not have plans immediately to live in the U.S. permanently, you should have a clear idea about that in your application for a tourist visa. Also, you might like to prove:

  • You have academic or work commitments in your home nation, which keeps you from permanently moving to the United States at present.
  • You have a confirmed travel plan with a fixed return date to your nation.

Also, you should never lie about whether your spouse is a green card holder or a U.S. citizen. If your lie gets caught, you might not be able to acquire a green card again in the future.

 

What Should You Do?

You should get in touch with a qualified, experienced, and knowledgeable immigration lawyer because your attorney would be familiar with the kind of situation you are in. You can get important information regarding visiting a spouse who is residing in the United States at a time when your application for an immigrant visa is still pending.

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Final Rule to Expand USCIS Premium Processing Program in Phases

Premium processing is the name given to an optional program that lets eligible petitioners or applicants request faster processing times with the promise of more guarantees for eligible petitions and applications. The fees for Premium processing are added to those for the regular petition filing or application fees for the request of the underlying benefits.

On May 31, 2022, this rule came into effect. However, the new premium processing categories that have been added by the rule will be only available when the USCIS completes the requisite system development and their availability is explicitly announced.

Availability of Premium Processing

Premium processing remains available for existing categories eligible for premium processing even now. This rule designates new premium processing eligibility for specific immigrant petitions, employment applications, an extension of stay, and changes of status.

However, eligibility to request premium processing for all the categories added newly depends on the revision of systems by the USCIS in order to have the new categories accommodated.

According to the effective date language of the final rule, USCIS will announce the availability of premium processing for immigration benefit requests designated newly according to the regulations of DHS premium processing. These will be available as mentioned during that time.

For such new categories, until the USCIS announces the availability, Premium processing will not be available. It can be assistive to think about the availability of premium processing according to the benefit requested, instead of just the USCIS form number, due to some petitions and applications being used for many purposes. Some of these are not designated for premium processing eligibility. Benefit requests will not be eligible for premium processing if these are not there in the final rule.

USCIS Final Rule and Premium Processing Expansion

A final rule was published by the U.S. Citizenship and Immigration Services (USCIS) on March 30, 2022, which was – The implementation of the Emergency Stopgap USCIS Stabilization Act.

It is important to note that the new rule is expanding the “Premium Processing” requesting availability for specific USCIS applications, which include:

Form I-765 Application for Employment Authorization includes F-1 STEM OPT Extension and F-1 Optional Practical Training. The Application Processing Timeframes is 30 business days, and US$1,500 is the fee.

Form I-539 Application for Change of Nonimmigrant Status includes applications to J-1 Exchange Visitor or F student visa status from specific statuses. Thirty business days are needed for the processing of the application, and the fee is US$1,750.

Form I-129 and Form I-140, for O and H-1B petitions and most other petitions based on employment status. 15 business days are needed for the processing of the application, and US$2,500 is the processing fee – the same amount as for the current Premium Processing for such categories.

Although May 31, 2022, is the rule’s effective date, it will be impossible to file Premium Processing requests for the new types of application form until new premium processing request form versions and the USCIS and processing timelines issue instructions are confirmed by the same.

 There are indications from the USCIS that the Fiscal Year 2022 will have the planned effective date of the rule, and the earliest date might not be until the Fall of the year.

The ISO will surely notify students, and the ISO website will be updated after Premium Processing for Form I-539 and the Form I-765 applications are available. It is expected that the announcement will be made by USCIS on its website as every new type of case gets eligible for premium processing.

Conditions may also be placed on premium processing available for new case types when there is an announcement on the website. These conditions may include restricting the availability of premium processing to all those cases which have been pending for a minimum duration or delaying the initiation of the premium processing schedule due to some administrative factor, like operating a necessary selection lottery.

Other than this, to have new case types be premium processing-eligible, processing will start only on the date when “all prerequisites for adjudication” are obtained by the USCIS, which means that the processing timeframe would start being counted by the agency only upon getting all the background checks, biometrics, interview information, and necessary documentation, as deemed to be suitable for the case type.

Based on the type of case and its needs, applicants and petitioners could have to wait for more time to see their cases get processed, as compared to the official timeframes for premium processing.

Things to Know

This regulation will expand premium processing service to additional case types, which would include:

  • Some Form I-765 employment authorization document (EAD) applications
  • Additional I-140 petition categories
  • Change or extension of status of some Form I-539 applications

This rule will start becoming effective 60 days after the Federal Register publication. However, the implementation will happen in phases – over a time of 3 years at least and will depend on the capacity of the DHS.

It is expected that the phased implementation will start this fiscal year. This rule will also announce a new method for determining the start of the premium processing timeframe for new case types on the basis of when “all prerequisites for adjudication” are obtained by the USCIS, which could prolong the real-time wait for the action to happen on a case.

Until the final rule comes into effect and the premium processing availability details are announced by the USCIS for the eligible cases, the availability of premium processing will be only for the I-140 and I-129 petition case types.

Foreign nationals and employers can start to work with their immigration service provider agencies for the review of cases that are pending (in case of the affected types of cases for which premium processing is expected to become effectual in this financial year) and for detecting those cases that are time-sensitive and need to be considered for premium processing when the case becomes eligible in type.