Articles in Category: Family Based Immigration
Today, August 3, 2012, the U.S. Citizenships and Immigration Services (USCIS) announced that it would accept filing of deferred actions for childhood arrivals starting on August 15, 2012. The USCIS finally implemented the details for deferred action after President Obama issued the executive order on June 15, 2012!
Contact us today to determine whether or not you qualify for this program, and to begin the process to have your applications ready for submission on August 15, 2012.
US immigration law contains very strict provisions regarding fraudulent marriages. If an individual is found to have entered into a fraudulent marriage, all subsequent visa petitions on behalf of that person must be denied. There is no room for discretion in this draconian aspect of the law. This issue may arise for individuals who have filed a green card application in the past based on marriage to a US citizen, subsequently are divorced and later wish to file a green card application based on marriage to another US citizen on based on an employment petition. If the first petition was denied because of suspected marriage fraud, the subsequent petition will often be summarily denied.
The strict language of the marriage fraud laws may lead one to believe that there is no relief from such a summary denial. However, case law and regulations provide some protection for those facing a prior finding of marriage fraud. Perhaps in recognition of the serious consequences of a finding of marriage fraud, the Board of Immigration Appeals has held that the prior finding must be examined and not merely accepted as the final word. Where the USCIS fails to follow to the Board's guidance on this issue, it is possible to challenge what may appear to be a decision set in stone.
A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.
In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.
Sometimes the USCIS considers a person a 'fiancé(e)' even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.
If you are an American citizen and you want your foreign fiancé(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé(e) in the United States.