If you and your spouse live far apart, USCIS will certainly be suspicious at first. But this does not mean your application will be denied. Whether USCIS approves your application depends on whether you can convince USCIS that you have a legitimate marital relationship and a plan to live together.
Depending on your age, your application to become a U.S. citizen may be affected by your failure to register for the Selective Service. If you are a male over the age of 31 years old, failure to register for the Selective Service will not affect your application. However, if you have failed to register for the Selective Service, and you are a male between the ages of 26 and 31 years old, your application to become a U.S. citizen will be difficult. If you are under 26 years old, you still have time to register for the Selective Service and avoid the negative consequences of failing to register.
The Violence Against Women Act of 1994 (VAWA) permits non-citizens who have been abused by their U.S. citizen or green card holder relatives to apply for a green card without the abuser’s consent, knowledge, or participation. This allows victims of domestic violence to seek safety and independence from abusers who would otherwise be able to interfere with their green card application.
A U.S. citizen or lawful permanent resident can apply for a green card for a stepchild if the following conditions are met: (1) The U.S. citizen or green card holder married the stepchild’s biological parent before the stepchild’s 18th birthday; and (2) The marriage was a legitimate marriage, not a sham marriage entered into to obtain an immigration benefit.
Whether you will receive a 2-year green card or a 10-year green card depends on how long you have been married at the time USCIS approves your application. If, at the time USCIS approves your green card application, you have been married less than 2 years, USCIS will issue you a 2-year conditional green card.
In September 2021, the U.S. Citizenship and Immigration Services (“USCIS”) announced that green card applicants must be fully vaccinated against COVID-19 prior to their immigration medical examination. The policy went into effect on October 1, 2021. The new policy mandates proof of fully vaccinated status before a USCIS-approved civil surgeon can complete an immigration medical examination and sign Form I-693 (“Report of Medical Examination and Vaccination Record”).
A child who satisfies all of the necessary requirements can enter the U.S. without a visa. When you travel to the U.S., you must bring: your passport, your green card, your child’s passport, your child’s birth certificate, and of course, your child.
Under the Violence Against Women Act (“VAWA”), you may be eligible to obtain a green card if you are a victim of abuse. As a VAWA self-petitioner, you generally have three options regarding applying for a green card: you may either (1) apply for a green card at the same time you file your VAWA petition, (2) apply for a green card while your VAWA petition is pending, or (3) apply for a green card after your VAWA petition is approved.
U.S. immigration law defines several scenarios that will make someone ineligible to receive a green card. These scenarios include certain criminal activity, fraud or misrepresentation, and illegal entry into the U.S. However, a VAWA self-petitioner may obtain a green card even if he or she entered the U.S. illegally.
To prove you are eligible for a green card through VAWA, you must submit evidence that you are a victim of battery or extreme cruelty committed by an applicable family member. The phrase “battery or extreme cruelty” covers most forms of domestic abuse, including actual or threatened physical abuse, psychological or emotional abuse, and economic control.
You can apply for an immigrant visa for your father, but you cannot apply for a visa for his new wife. After your father immigrates to the U.S. and receives his green card, he can then apply for an immigrant visa for his wife.
You should not leave the U.S. before you receive your advance parole document. If you leave the U.S. before you have an advance parole document, your green card application will be considered abandoned. In addition, even if you still have a valid nonimmigrant visa, if you try to reenter the U.S., U.S. Customs and Border Patrol will see that you previously applied for a green card and may deny your entry into the country.
When you apply for a green card through marriage to a U.S. citizen or permanent resident, the last step is to participate in an in-person interview. Both spouses must attend the interview. The interview is extremely important. Even if you have already provided a lot of evidence concerning your relationship, if you perform poorly at the interview, your application might be denied. The marriage interview can cause stress and anxiety, but here are some answers to frequently asked questions that should help you prepare.
A child who satisfies certain requirements can enter the U.S. without a visa. When you travel to the U.S., you must bring: your passport, your green card, your child’s passport, your child’s birth certificate, and of course, your child.
If you have a two-year green card, you can file an application for a ten-year green card 90 days before your conditional green card expires. You must file Form I-751, “Petition to Remove Conditions.” You cannot file Form I-751 earlier than 90 days before your green card expires, and you also should not file this application late.