The I-751 Petition to Remove Conditions on Residence can be a much more problematic petition than it first may seem, particularly for young couples without children.  We are seeing higher rates of incidence of interview requests for pending I-751 petitions under the Trump Administration.  Ostensibly the interview requests are for lack of a good set of documentary evidence that demonstrate the marriage remains bona fide and the couple living together at the time the I-751 petition is filed with USCIS.

The following is a checklist of recommended supporting documents to include with an I-751 Petition to Remove Conditions on Residence.  Going in strong with an initial set of documents attached to the petition is the best method to increase likelihood of I-751 approval without an interview.

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Same Sex Marriage Immigration is Here

Posted September 12, 2013

I-130 petitions for formerly excluded same-sex spouses are being accepted by USCIS and adjudications proceeding, with accompanying eligibility for adjustment of status or consular processing. per SCOTUS’s recent DOMA slapdown.  The State Department is working out rules for consular issuance of immigrant visas and fiance visas abroad.  For I-130 eligibility, marriage certificates must be issued from one of the 13+ issuing states ( http://www.freedomtomarry.org/states/) and domicile at filing should be within the 13+, though exceptions are reviewed for employment-based circumstances.  Conditional residence applies for those married less than two years as of date of admission as a permanent resident.  Naturalization eligibility flows three years later for couples that demonstrate bona fides.  Contact us for insight and assistance.  (415) 845-9122

U.S. citizen petitioners who sponsor an applicant for Adjustment of Status, a K-1 “fiance” visa or an immigrant visa must submit a USCIS form called an ‘Affidavit of Support’ (form I-864) before the adjustment can be finalized at the local USCIS district office or, in the case of a K-1 or immigrant visa application, at the U.S. consulate abroad.  The purpose of the Affidavit of Support under INA §213(A) is to provide the U.S. government reliable evidence that the adjustment or immigrant visa applicant will not seek public-charge benefits (e.g., Medicare, AFDC, Supplemental Security Income) during (generally) the first 10 years of the applicant’s presence in the United States or until they naturalize to U.S. citizenship.

The qualifying amount of income is 125% of the Department of Health and Human Services’ most recent federal poverty guidelines for the sponsor’s household size (100% for active duty military).  you can find 2015 poverty guidelines here

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Practice Areas

Posted July 26, 2011

PRACTICE AREAS

 

Applications and Petitions for Visas, and Business Transactions

We represent foreign investors and workers and/or their sponsoring U.S. employers in procurement of the complete range of work and travel visas, including visas for spouses and family members, extensions and changes of status within the U.S., visa renewals abroad, and all family-related immigration matters.

We also represent small and medium-sized businesses with start-up assistance, including incorporation, business plan writing and equity and benefit plans development, as well as ongoing corporate and business transactional matters.

For accurate and timely information about non-immigrant visa categories and eligibility, see the State Department’s official website at http://travel.state.gov.

Temporary visitors (B-1/2)

Border Crossers (BCC)

Business investors and international traders (E-1/E-2)

Australian specialty occupation workers (E-3)

Academic students (F-1/F-2)

Specialty occupation employment (H-1B, H-2A, H-2B, H-4)

Chilean and Singaporean specialty workers (H-1B1)

International media and press (I-1)

Exchange program visitors (J-1, waivers)

Fiancés and spouses married abroad, dependents (K-1/K-2/K-3)

Executives, managers and specialized knowledge employees transferring to U.S. (L-1A/B)

Vocational students (M-1)

Extraordinary ability workers (O-1/O-2/O-3)

Artists, entertainers and athletes (P-1/P-2)

International cultural exchanges visitors (Q-1)

NAFTA workers (TN)

Religious workers (R)

Consular assistance abroad

Extensions and changes of non-immigrant status

Requests for Evidence (RFE), motions to reopen and appeals (AAO)

 

Applications and Petitions for Permanent Residence

Family based sponsorship (I-130, 1-485)

Marriages and adjustment of status (I-130, I-485, I-131, I-765)

Marriage interviews, best evidence and Affidavit of Support requirements

Fiancés and dependents (I-129F, DS-156K)

Work authorization documents (I-765/EADS)

Travel documents (I-765)

Removal of conditional residence (I-751)

Consular processing (DS-230)

Medical examinations (I-693)

Green card renewal or replacement

Age-out, passport and travel issues

Adoptions

 

U.S. Employers and Permanent Residence Sponsorship

I-9s and E-Verify

Department of Labor and ICE audits

Employment visas (H-1Bs, TNs, etc.), LCAs and salary surveys

Labor certification assistance and project management

Labor certification audits and appeals (BALCA)

Employer petitions (I-140, all preference categories)

National interest waivers

Health care workers

Skilled and migrant labor

Domestic workers

 

Investors, Traders and Entrepreneurs

E-1 treaty traders

E-2 treaty investors

EB-5 immigrant investors

Incorporations, share distribution, corporate record-keeping, leases and business plans

 

Citizenship and Naturalization

Applications for naturalization (N-400)

Examination prep and study material

Qualification, strategies and timing

Dual citizenship

 

Defenses to Removal and Deportation

Notices to Appear (NTAs)

Detentions and hearings

Voluntary departure

Waivers of bars to readmission