Getting the Green Card through Marriage Video.
Green card through marriage, is this possible?
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Marriage based visa petition process
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Question: I want to marry a U.S. Citizen. I have heard it is easy to get the Green Card through Marriage. Is this true?
Answer: There are some qualifications as to whether it is easy or not. First and foremost, a green card through marriage must be based upon love and not the desire to get the Green Card. Otherwise, it would be considered to violate the immigration laws and it could be considered to be fraudulent. The next issue is the timing of the marriage. Many times people come into the U.S. on a visitor visa and get married right away hoping for the Green Card. In actuality, this could also be considered to be fraud and the supposedly easy manner to get the Green Card through Marriage turns into a denial and deportation. When you come into the U.S. on a visitor visa, it is to visit. The law specifically states that if you get married prior to 60 days after entering the U.S. and after 30 days, that it is presumed to be fraud. This means that it is presumed that you intended to marry when you entered the U.S., not come and visit as is the purpose of the visitor visa. It is possible to overcome this presumption, but it must be overcome, or the green card through marriage will be denied and life will not be as pleasant in the U.S. as you thought. To make matters worse, if you get married prior to 30 days of entering the U.S., it is fraud and there is not even a rebuttable presumption. In that case you will not get the Green Card through marriage (at least through adjustment in the U.S.).
Question: Assuming that I did marry for love and that there is no issue of fraud, are there still issues in getting the green card through marriage?
Answer: Yes. Assuming you pass the above issues, the Green Card through marriage is actually a ‘conditional’ Green Card through marriage. The law actually wants you to prove at a later point that the marriage was for love and not for the Green Card. Thus, the conditional Green Card through marriage will be issued for two years. Close to the end of those two years, you would be need to file a petition to remove the conditional residency. Only if that condition is actually removed will you obtain the true Green Card through marriage. Thus, as you can see, it is not quite as easy to obtain the Green Card through Marriage as people might think.
Question: What are the consequences if Immigration denies my application for the Green Card through Marriage?
Answer: If they deny your application for the Green Card through Marriage, we would have to see the basis of the denial. If USCIS believes that the application for the Green Card through marriage was based on a fraudulent marriage, then you would be barred for the rest of your life from applying for any immigration benefit whatsoever and would most likely be put into deportation proceedings. Sometimes, it is better to look for other ways to obtain the Green Card through employment or other family petitions. At first, those petitions take longer, but in the long run, if the application for the Green Card through marriage is not legitimate, it would be best not to submit the application for the Green Card through marriage and to take some other route.
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Volunteering on a tourist visa – Immigration – Avvo.com http://ping.fm/6IVGD
Can I apply for a tourist visa?
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Withdrawing a sponsorship for someone who’s already in the states with 10 year immigration visa? Temple and monks – Immigration – Avvo.com http://ping.fm/B6lqK
BALCA find application properly denied for inability to verify employer was sponsoring alien
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Question: I have committed a crime, but do not know if I should plead guilty or not and if I do plead guilty, I do not know what I should plead to. Should I hire an Immigration Lawyer? Should I hire a Criminal Lawyer? Should I hire Criminal and Immigration Lawyers?
Answer: These are very valid questions. In fact, it is critical that you obtain the necessary information from criminal and immigration lawyers working together. Because you are not a U.S. Citizen, every single crime could potentially affect your ability to legally remain in the United States. Only if the criminal and immigration lawyers work together can you obtain the correct advice. An Immigration Lawyer is not an expert in Criminal Law and a Criminal Lawyer is not an expert in Immigration Law. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect your immigration status. There is no reason to plea to something in criminal court that will only hurt your chances of remaining in the United States.
Question: How will the Criminal and Immigration Attorneys work together? What will they do to help me?
Answer: Generally, the Immigration Attorney can prepare the necessary criminal evaluation which will document to you and the criminal attorney exactly what is your immigration situation and the best alternatives for a plea that will have the least effect on your immigration status and will minimize the damage that could occur in future deportation hearings. Even if you get put into deportation or removal proceedings, the criminal and immigration lawyers working together will minimize the harm in deportation proceedings. It will have the effect of possibly making you eligible for certain forms of relief such as Cancellation of Removal for Lawful Permanent Residents or Adjustment of Status with a Waiver of Inadmissibility. Sometimes a guilty plea in criminal court will not sound so bad, but could make you an aggravated felon in Immigration Court. As an aggravated felon, you would not be eligible for most forms of relief. Thus, if the criminal and immigration lawyers work together in the beginning before you plea to anything, then everyone can benefit. You will minimize the harm done on your immigration status; the prosecutor will still get a conviction; the Criminal Judge will still be administering justice; the criminal attorney gets a plea and the immigration attorney protects you against unintended consequences. Thus, while it might be more expensive, the best route for you is to hire Criminal and Immigration Lawyers to work in tandem to help you through this process.
Question: What happens if I just plea guilty now as I am being told by my Criminal Lawyer that it is the best thing to do?
Answer: That would be a very large mistake. Basically, the Criminal Attorney is probably telling you that you will get less time and that it is the best deal that you can get. However, what does it matter if you get less time if you are simply transferred to immigration detention, placed in deportation proceedings and deported for many years or even the rest of your life? It is critical that you get the help of Criminal and Immigration Lawyers working together before you plea, not after. It is possible to try to set aside the plea afterwards. However, it is considerably more difficult.
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It is quickly approaching and you may not be able to come back to the U.S. for 3 or 10 years depending. You may qualify for the R-1 Visa (which is not the one you listed above). This is for the Religious Visa. However, because you are out of status, you would have to go back to your home country to get it. The exception would be if you were persecuted in your home country. In that case, you would have up to 1 year to apply for asylum after entering the U.S.
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