United States citizens and lawful permanent residents can help certain family members immigrate to the United States. Please note that throughout this manual we may refer to U.S. citizens as “USCs” and lawful permanent residents as “LPRs,” “permanent residents,” or “green card holders.” Additionally, when we use the term “immigrate,” we are referring to the process by which a person becomes a lawful permanent resident of the United States, whether the person is already in the United States or is applying from abroad. See the distinction between “adjustment of status” (applying from within the United States) and “consular processing” (applying from abroad) below.
Immigrating through family is a two-step process. The first step is the family visa petition, filed by the U.S. citizen or lawful permanent resident family member on behalf of the person who will be immigrating. The second step is the application to become a permanent resident, filed by the person who will be immigrating. Each step involves different legal and factual issues.
Author(s): ILRC Staff Attorneys
Edition: 5
Publisher: Immigrant Legal Resource Center
Year: 2017
Language: English
Pages: 707
City: San Francisco
Tags: family, family immigration, family petition, bona fide marriage, naturalization, u.s., america, u.s. law, american law, law, immigration, immigration law, immigrants, u.s. citizenship, citizenship, green card, legal permanent resident, lpr, removal order, deportation, legal
Introduction
Table of Contents
Chapter 1: Qualifying Family Relationships & Eligibility for Visas
§ 1.1 Overview of the Family Immigration Process: A Two-Step Process
§ 1.2 The Immediate Relative Category & Definition of “Child” and “Spouse”
§ 1.3 “K” Visas for Fiancé(e)s, Spouses, and Children of U.S. Citizens
§ 1.4 Petitions under the Preference System: Definition of Siblings and Sons and Daughters
§ 1.5 The Preference Categories
§ 1.6 Derivative Beneficiaries
§ 1.7 How the Preference System Works
§ 1.8 Using the State Department Visa Bulletin to Make an Estimate of When Your Client Can Immigrate
§ 1.9 Advising Your Client about When a Visa May Become Available
§ 1.10 The Child Status Protection Act (CSPA)
§ 1.11 “V” Visas for the Spouses and Children of Lawful Permanent Residents
§ 1.12 Protection for the Beneficiaries of a Family Petition When a Qualifying Relative Dies
§ 1.13 When Is a Visa Petition Terminated or No Longer Valid?
§ 1.14 Diversity Immigrants, Employment Visas, and Children in Juvenile Court Proceedings
Appendix 1-A
Appendix 1-B
Appendix 1-C
Chapter 2: Submitting the Petition
§ 2.1 Completing Government Forms
§ 2.2 Completing the Visa Petition, Form I-130
§ 2.3 The I-130A and Photograph: Required in a Petition for a Husband or Wife
§ 2.4 Documenting the Visa Petition
§ 2.5 What Documents Are Needed to Prove Family Relationship?
§ 2.6 Obtaining Documents in the United States to Show Family Relationship
§ 2.7 Obtaining Documents from Other Countries
§ 2.8 Making Proper Copies of Documents
§ 2.9 Making Certified Translations of Documents
§ 2.10 Documenting the Immigration Status of the Petitioner
§ 2.11 Filing the I-130 Packet
§ 2.12 USCIS Challenges to a Marriage
§ 2.13 The Legal Standard for a Marriage
§ 2.14 Documentation to Show that a Marriage Is Bona Fide
§ 2.15 What Will Happen at the Marriage Fraud Interview?
§ 2.16 Preparing Your Client: Self-Defense Techniques for USCIS Interviews
§ 2.17 Special Rules That Affect Spousal Visa Petitions
§ 2.18 Appealing a Denial by USCIS of an I-130 Petition
Appendix 2-A
Appendix 2-B
Appendix 2-C
Appendix 2-D
Chapter 3: Adjustment of Status & Conditional Residence
§ 3.1 What Is Adjustment of Status?
§ 3.2 Who Is Eligible for Adjustment of Status Based on a Family Petition?
§ 3.3 Red Flags: Identifying Potential Risks to Adjustment
§ 3.4 245(a): Adjustment for Those Who Were Inspected & Admitted or Paroled and Meet Other Requirements
§ 3.5 Section 245(i): Adjustment for Those Who Entered without Inspection or Do Not Qualify for § 245(a) Adjustment
§ 3.6 The Three- and Ten-Year Bars and Adjustment of Status
§ 3.7 Preparing and Submitting the Adjustment Packet
§ 3.8 The Effect of Leaving the Country
§ 3.9 What Will Happen at the Adjustment Interview?
§ 3.10 The Decision: Approvals and Denials
§ 3.11 Marriage-Based Cases and Conditional Residence
§ 3.12 What Is Conditional Permanent Residency?
§ 3.13 Who Is a Conditional Permanent Resident?
§ 3.14 Removal of Conditional Residency if the Marriage Still Exists after Two Years: The I-751 “Joint Petition”
§ 3.15 When to File the I-751 Joint Petition
§ 3.16 Completing the I-751 Joint Petition
§ 3.17 Application Procedure: Filing, Extension of Status, and Interview
§ 3.18 Denials and Appeals
§ 3.19 Termination of Conditional Residency by USCIS during the “Testing Period”
§ 3.20 Introduction to Waivers of the I-751 Joint Filing Requirement
§ 3.21 When to File
§ 3.22 How to File a Waiver
§ 3.23 The “Good Faith” Waiver
§ 3.24 How to Show Extreme Hardship
§ 3.25 The Battery or Extreme Cruelty Waiver
§ 3.26 Proof of Battery or Extreme Cruelty
§ 3.27 Additional Help for Battered Spouses and Children
§ 3.28 Filing a Waiver if the U.S. Citizen or Permanent Resident Spouse Has Died
§ 3.29 Dependent Sons and Daughters
§ 3.30 Failing Marriages and Waivers
Appendix 3-A
Appendix 3-B
Appendix 3-C
Appendix 3-D
Appendix 3-E
Appendix 3-F
Chapter 4: Applying for Permanent Residence through Consular Processing
§ 4.1 Introduction to Consular Processing
§ 4.2 How Consular Processing Responsibilities Are Divided among Agencies
§ 4.3 Finding the Rules: The Statute, Regulations, Foreign Affairs Manual, and NVC Instructions
§ 4.4 Overview of Consular Processing Steps and Utilizing the Visa Bulletin
§ 4.5 Step I: Establishing Email Correspondence and a Point of Contact
§ 4.6 Step II: Paying the Fees
§ 4.7 Step III: Submitting the Online Application for an Immigrant Visa
§ 4.8 Step IV: Submitting the Affidavit of Support with Financial Documentation and the Supporting Civil Documents
§ 4.9 Step V: Preparing for the Consular Interview
§ 4.10 Step VI: The Consular Interview
§ 4.11 The Alien Registration Card or Permanent Resident Card (“Green Card”)
Appendix 4-A
Appendix 4-B
Appendix 4-C
Appendix 4-D
Appendix 4-E
Appendix 4-F
Appendix 4-G
Appendix 4-H
Appendix 4-I
Appendix 4-J
Appendix 4-K
Appendix 4-L
Chapter 5: Grounds of Inadmissibility
§ 5.1 Overview of Admissibility, Deportability, Admission, and Removal
§ 5.2 Health-Related Grounds: Communicable Diseases, Required Vaccinations, Dangerous Disorders, and Addiction and Abuse
§ 5.3 Alien Smuggling: Grounds of Inadmissibility and Deportability
§ 5.4 Fraud and Misrepresentation
§ 5.5 Document Fraud: Ground of Inadmissibility and Deportability
§ 5.6 Insufficient Documentation
§ 5.7 False Claim to U.S. Citizenship
§ 5.8 Likely to Become a Public Charge
§ 5.9 Terrorists, Draft Dodgers, Unlawful Voters, Stowaways, Polygamists
§ 5.10 Entry, Admission, and Effective Dates
§ 5.11 Unlawfully Present in the United States without Being Admitted or Paroled
§ 5.12 Three- and Ten-Year Bars for Those Unlawfully Present Who Depart and Then Apply for Admission and the Family Hardship Waiver
§ 5.13 “Permanent Bar” to Persons Who Were Unlawfully Present for More than One Year or Were Ordered Removed and Who Enter or Attempt to Enter without Being Admitted
§ 5.14 Failure to Attend Removal Proceedings
§ 5.15 Past Removal or Deportation/Exclusion
§ 5.16 Reinstatement
§ 5.17 Clients with Criminal Records
§ 5.18 What Is a Criminal Conviction?
§ 5.19 What Evidence Can the DHS Submit to Show a Conviction?
§ 5.20 What Is a Sentence for Immigration Purposes?
§ 5.21 How to Analyze a Past Conviction: The Categorical Approach
§ 5.22 Overview of Immigration Consequences of Crimes
§ 5.23 Inadmissibility Based on Drug Offenses
§ 5.24 Crimes Involving Moral Turpitude
§ 5.25 The Crime Involving Moral Turpitude Petty Offense and Youth Exceptions
§ 5.26 Other Grounds: Prostitution, Two Convictions with Five-Year Sentence Imposed, Alien Trafficking, Money Laundering, High-Speed Flight from Immigration
§ 5.27 Aggravated Felonies
§ 5.28 Clearing Up a Criminal Record
Appendix 5-A
Appendix 5-B
Appendix 5-C
Appendix 5-D
Appendix 5-E
Appendix 5-F
Appendix 5-G
Chapter 6: Waivers of Inadmissibility
§ 6.1 Waivers of Grounds of Inadmissibility
§ 6.2 What Is a Waiver?
§ 6.3 What Is Discretion?
§ 6.4 Guiding Principles
§ 6.5 Waiver of Inadmissibility for Visa Fraud
§ 6.6 Invalid Documents and Document Fraud Waiver of Inadmissibility
§ 6.7 Waiver of Inadmissibility/Exemption for Alien Smuggling
§ 6.8 Waiver for Communicable Disease, Lack of Vaccinations, or Dangerous Mental Disorders under INA § 212(g)
§ 6.9 Waivers for Unlawful Presence, Past Removal, and Other Related Immigration Offenses
§ 6.10 Waiver for Certain Crimes under INA § 212(h)
§ 6.11 Procedure for Applying for a Waiver
§ 6.12 How Do You Establish Extreme Hardship?
Appendix 6-A
Appendix 6-B
Chapter 7: Special Issues: The Violence Against Women Act
§ 7.1 Overview of Self-Petitioning under the Violence Against Women Act (“VAWA”)
§ 7.2 Requirements for VAWA Self-Petition of an Abused Spouse
§ 7.3 Requirements for a VAWA Self-Petition for an Abused Child
§ 7.4 Requirements for a VAWA Self-Petition for an Abused Parent
§ 7.5 Procedures for Self-Petitioning under VAWA
Appendix 7-A
Other ILRC Services
Attorney of the Day Service
Reprint Permissions
Subscribe to ILRC Listservs
Related Publications
