For couples who do not care where or when they are married, this is a very important question – and one that merits a fuller discussion.  Both the marriage visa and the fiancee visa are viable options for getting your loved one to the United States, and both have advantages and disadvantages over the other.  It is just a matter of determining which offers the best options for you.  The following discusses a few of those advantages and disadvantages – for a more detailed analysis please contact a New York City marriage and fiancee visa lawyer.

Fiancee Visa Pros

•  Slightly Faster – Simply put, the fiancee visa normally takes a few months less to process compared to the marriage visa.  This means a couple can normally be together just a bit faster with the fiance visa.  Additionally, a couple that is ready to start the process does not need to wait for a marriage ceremony to start.  The logistics of arranging a wedding can often add many months onto the process.

Fiancee Visa Cons

•  Marriage Must Be In United States – Once the K-1 fiance visa starts, the couple must wait to get married until after the foreign national enters the United States on the K-1 visa.  Failure to wait will result in the cancellation of the K-1 fiancee visa, and will require the couple to begin anew with the marriage visa.  For many couples, there is strong family pressure to get married in the foreign national’s home country.
• More Expensive – The fiancee visa, when all said and done, is a bit more expensive than the marriage visa when it comes to paying required government filing fees.
• Work and Travel Authorization Delayed – Through the fiancee visa, it generally takes about 90 days after marriage before a foreign national is eligible to work in the United States and travel internationally.  With the marriage visa, work and travel authorization is granted immediately upon arrive in the United States.

Marriage Visa Pros

• Work Authorization – Unlike the fiancee visa, a foreign national who enters the United States on the marriage visa is immediately able to start working.  There is no waiting for a work authorization card to arrive, or for an adjustment of status application to be submitted.  Instead, when a person enters the United States on the marriage visa, a stamp is placed over the marriage visa, and that allows the recipient to start working immediately.
• Travel Authorization – Just like work authorization, a foreign national who enters the United States on the marriage visa is immediately able to travel outside of the United States.  This is significantly different from the fiancee visa, which requires a fiancee to remain in the United States until after marriage and approval of advance parole (likely more than 90 days after first arriving in the United States).
• Gain Permanent Residency Immediately – When a foreign national enters the United States on a spousal visa, the foreign national immediately becomes a lawful permanent residency.  This means that three years after entering, the foreign national will likely be eligible to naturalize and become a U.S. citizen.  This is much faster than the fiancee visa, which often requires a foreign national to wait over six months after entering to become a lawful permanent resident.
• Greater Evidence of Good Faith Relationship – In both the marriage visa and fiancee visa, it is necessary to demonstrate that a couple’s relationship is one of “good faith” – which basically means that a couple must demonstrate that it is a genuine relationship.  By its very nature, a marriage is a stronger indication of a relationship’s genuine nature than an engagement.

Marriage Visa Cons

• Need to Be Married – When choosing between the fiancee visa and the marriage visa, one consideration is how long it will take to get married.  If the couple is living on opposite sides of the world, the logistics, cost, and time to marry may be so significant that it is easier to just apply for a fiancee visa and to marry in the United States after entry.
• Longer Time Apart – When a couple is ready to begin their life together, they often want to be together as quickly as possible.  Because of its process, the marriage visa often takes at least one to two months longer than the fiancee visa.

Conclusion

Ultimately, the decision of whether to apply for the marriage or fiance visa is up to the couple.  However, fully discussing the options with a New York immigration lawyer is the best option, especially when done before the beginning the immigration process.

Immigration laws, however, are not often the first concern of musicians and artists seeking to tour the United States.   Often times, musicians and artists let their agency or manager deal with the immigration options.  Other times, the immigration laws are simply ignored and individuals enter the United States to perform without indicating it to the immigration agency or airport customs officials.

Unfortunately, failing to properly adhere to immigration laws can have devastating repercussions against the musicians and artists – even if they relied on false information provided to them by their agency or tour manager.  These repercussions include removal from the United States and possible exclusion from the United States for ten or more years.

Can Musicians and Performance Artists Perform On the B-1 Tourist Visa or the Visa Waiver Program?

Many musicians and performance artists who haphazardly tour in the United States enter on the Visa Waiver Program (VWP) or the Tourist Visa.  Unfortunately, neither the VWP nor tourist visa is appropriate for musicians and artists performing in front of live, paying audiences.   Instead, such performers must obtain a different visa that qualifies them to perform in the United States.

What Visa Types Allow Musicians and Performers to Tour the United States?

Although there are multiple visa types that may be appropriate for performers, the most common visa is the P-3 visa.   For a longer list of possible visas, please review the firm’s webpage for musicians, and then contact an immigration lawyer experienced with musician and performance artists visas.

What Can Happen If The Proper Visa Is Not Obtained?

Failure to adhere to the proper immigration status may have immediate and long term negative consequences.  It is possible that a person may be put in removal proceedings.  It is also possible, that while entering the US, the performer may be denied entry and barred from entering the United States for a number of years.

How Will the Immigration Agency Ever Find Out About A Violation?

Through technology, it is not difficult for an immigration official to uncover evidence that a person has performed unauthorized work in the United States.   As musicians and performers, it is necessary to tell your fans about your upcoming concerts and performances.  Promotional material about those performances often remain on the Internet for years after they are actually performed.  Additionally, many performers have webpages that discuss their previous work (think:  IMDB.com).   All an adjudicator needs to do is review those listings, find a performance in the United States, and ask an applicant what immigration status was held during the performance.

Misrepresentation to immigration officials carries a greater punishment than working on the inappropriate visa.

Immigration Lawyer for Musician Visas

If you are seeking to tour in the United States, please contact the firm for assistance in obtaining visas for musicians and performing artists.

Currently, as of this writing, the immigration agency does not recognize same-sex marriages as eligible for the marriage visa leading to permanent resident. However, many believe that the immigration agency will begin to accept same-sex marriage visa applications in the near future.  My personal guess is that the change will occur within the next six months to 1 year.

If you wish to be notified when the law changes, please send your name and email address to the firm through its contact form.

Preparing Now

As couples wait for the possible change, there are steps that should be taken now – as it will help couples when the time comes to apply.

Evidence of Good Faith Relationship for Same-Sex Couples

Perhaps the most difficult part of the same-sex marriage visa process will be showing that a couple has a good faith marriage.  With heterosexual couples, the USCIS is already paranoid that couples are getting married for fraudulent immigration reasons.  With the inclusion of same-sex marriages, it is widely suspected that additional scrutiny and suspicion will be placed on couples.

To counter and overcome this concern, homosexual couples will need to retain and present the same type of evidence that is required of heterosexual couples.   This evidence includes:

• Evidence of the couple’s commingling of financial assets and liabilities.   For example, joint bank accounts, joint credit cards, joint utility bills, joint health care, retirement funds, etc.
• Evidence of the couple’s cohabitation.  For example, evidence of the couple living together through lease agreements or home ownership, and other evidence of a shared home.
• Evidence of the couple’s relationship, including photos of the couple (along with other family members), travel together, and typical life together.

The above is just a suggested list, other evidence is certainly possible, and useful.  In fact, the more evidence, the better.

Don’t Disqualify Yourself

As couples wait to be able to apply, they must make sure as to not do anything that will disqualify them.  For example, couple’s should continue to maintain proper  immigration status, should continue to pay their taxes and act like individuals with good moral character.  Additionally, couples should ensure they are not arrested, and, most importantly, the couple should make sure as to not make any misrepresentations to the government.

In the future, when homosexual couples are able to apply for the marriage visa, the couple will probably be required to complete the same steps as heterosexual couples e.  With the proper preparation now, those steps will be much easier.

Conclusion

When the time does come, please contact this New York City Immigration Visa Lawyer for assistance with Same-Sex Marriage Visas.

However, most individuals do not realize that these rights are not particularly present at the border’s of the United States.  In fact, it is historically accurate to describe the government as having the right to search a person’s property if he or she is entering into the United States.  This border exception to the probable cause requirement to the 4th Amendment right has been administered for many years without much fuss.

However, within the last ten years, this exception has taken on a new face, and is perhaps being applied more broadly than what was originally intended.  In particular, the Customs and Border Protection (“CBP”) agency has used the exception to search the laptops, tablets, smart phones, and memory storage units of individuals coming into the United States (including U.S. citizens).  This broad search authority has drawn criticism from privacy groups.

Recently, in considering a lawsuit, the Ninth Appeals Court determined that CBP must have “reasonable suspicion” to search electronic devices at the border.  In the instant case, reasonable suspicion was established because of the defendant’s prior criminal activities, frequent travel to countries involved in criminal activities, and wide collection of equipment used for the production of criminal products.  The Court noted, however, that the existence of password protected files alone does not rise to a level of reasonable suspicion.

Going forward, the CBP posts located in the Ninth Appeals Court (mostly Western parts of the US), will need to follow this decision and find reasonable suspicion to search the documents.  Outside of the Ninth Appeals Court region, the CBP does not yet need to show reasonable suspicion (although that may change if a court decides to follow the Ninth Appeals Court decision).

Often, immigration applicants, whether seeking family immigration or employment immigration, believe that a few dollars can be saved if they submit a petition without an attorney’s assistance.  Many think that they just need to complete a form and submit a few documents to receive an immigration benefit.  They believe that if they happen to miss a necessary document, or fail to correctly complete the required form, they will be given a chance to correct the mistake – with no lose of money or time.

Unfortunately, such thoughts are often pennywise, dollar foolish.   If a form is completed incorrectly (or not included), then the mistake may be fatal to an application – causing another application fee to be made.  Additionally, often more worrisome to visa applicants is the delay in applications that may result from submitting inaccurate or incomplete applications.  The immigration agency moves as quickly as you would think a large, government bureaucratic institution would move.   Often, if there is additional documentation that is needed, the delay is measured in months, not weeks or days.

If you are seeking a visa, whether it is a marriage visa to a U.S. citizen, or an employment visa, please contact an immigration lawyer to help you properly prepare an application petition.  Otherwise, you risk suffering continued, unnecessary separation and delay.

Perhaps one of the lesser known privileges that lawful permanent residents gain is the ability to travel to numerous countries without obtaining a visa.  This is a great privilege for many foreign nationals because they would otherwise need a visa to travel almost anywhere outside of the United States.

Each country has different restrictions, and these restrictions are subject to change (so double check before you travel) – but here are some of the participating countries that I have heard:

Canada, Mexico, Switzerland, Bahamas, Bermuda, Cayman Islands, Jamaica, Aruba, and The Netherland Antilles.

This means that a foreign national from China or India who becomes a lawful permanent resident will not need to obtain a visa to travel to participating countries.

Again, each country is different, and is subject to change its requirements – so double check before traveling.  What a great way to save money and time!

What is a Proxy Marriage?

A proxy marriage is a marriage ceremony performed without one (or both) of the marrying couple being present.  Proxy marriages fell out of favor in the United States one or two centuries ago.  In fact, most states do not allow them anymore, including New York State.  However, states do recognize marriages that are valid in the place where they are performed.   For example, while it is not possible to have a proxy marriage in New York State, New York will recognize a valid proxy marriage performed at a location where it is legal.

Does the United States Recognize Proxy Marriages?

Within the United States, it is up to each individual state to recognize a proxy marriage.  The United States government only makes a determination of whether or not to accept a proxy marriage when it comes to federal government programs.  In most instances, it does recognize valid proxy marriages.

Does the USCIS Recognize Proxy Marriages?

Contrary to popular believe, the USCIS does recognize proxy marriages.   But there is a catch!  The USCIS does not recognize proxy marriages until they have been consummated.  The requirement of consummation is stated in the Immigration and Nationality Act at Section 101(a)(35).   Thus, even if a couple participates in a proxy marriage ceremony, they will not be able to gain any immigration benefits until they have been physically together after the ceremony.  Further, they must attest to the consummation of the wedding in their immigration application.

Should I Have A Proxy Marriage Or Traditional Marriage Ceremony?

If a couple is marrying, and they will need to seek a marriage visa to be together in the United States, the question of whether to have a proxy marriage or a traditional marriage ceremony should be carefully analyzed before the event.  For immigration purposes, the marriage does not count until the couple is physically together after the proxy ceremony.  Although the ultimate decision is up to the couple, this immigration lawyer suggests that it may be best to wait until the couple is together to perform a traditional marriage ceremony.   Why muddle an immigration application?  Or, are there external factors to consider?

Assistance for Filing a Marriage Visa.

If you are thinking of marrying and immigrating to the United States (either through a proxy or traditional marriage ceremony), please contact this marriage visa lawyer for assistance.  Located in New York City, the law firm can assist immigration clients throughout the United States and the world.

Now, no matter what your industry, your company should be prepared for an audit of its I-9 records.  The following is just a couple of general reminders about the records, for a complete evaluation of whether your company is I-9 compliant, please contact an immigration lawyer.

• An I-9 is required of all employees, and must be completed within 3 business days of the employee’s hire.
• An I-9 must be kept for all current employees, and must be kept for a  certain amount of time following any employee’s termination.
• The I-9 should not be accessible to all other employees – only the need-to-know employees (e.g. human resources)
• Employers should not require additional documentation other than what is required by the I-9.
• Employers should not continuously check immigration status.

These are just a few of the requirements for the I-9, there are many other requirements which an I-9 review of your company will discover.

I have no connection to this case, but based on the news reports, the case starts out when the Playmate, a U.S. citizen, attempted to enter the United States with her boyfriend’s car.  The customs official became suspicious of the Playmate’s answers and notified his or her colleagues within the Department of Homeland Security.   The colleagues followed the Playmate’s car as she entered the United States and followed it to a hotel near the Canadian border.  The next morning, the couple emerged from the hotel and were apprehended by the government officials.  The government appears to believe the boyfriend entered the U.S. by boating across St. Lawrence River.

I think most U.S. citizens do not think they can be charged with immigration laws – however that is not the case.  U.S. citizens complicit in illicit immigration actions, can face fines and possible imprisonment.

The government thinks the couple sought to enter illicitly because of the boyfriend’s criminal record.  What is unclear to me is if the couple had attempted to get a waiver allowing him to enter the United States despite his criminal record.  Although there is no certainty that the 212(d)(3) waiver would have been granted, it sure would have been a better option (and less expensive option) than breaking the law.

Since I do not know the specifics of this case, everything above is “allegedly.”   If you are in a similar bind, and are not sure what to do, please contact an immigration lawyer to learn what waiver options, if any, may be available.  If you were expecting a sexier story – I am sorry, this is an immigration law blog - what did you expect?

The statistics show the receipts, approvals and denials for the I-526 (To request the immigrant visa) and the I-829 (to remove the conditions to permanent residency after two years of EB-5 permanent residency).

A quick review of the data shows that the visa preference category is being used much more often – and may soon become oversubscribed for some categories.

This is not the case – a person’s immigration status should never be an intimidating factor.  There are options available to foreign nationals going through divorce, and immigration concerns should never be a reason to stay in a marriage.

Here are some options available to individuals in the following situations:

Green Card Holder Married to a U.S. Citizen

In many instances, a U.S. citizen is married to a permanent green card holder.  By permanent green card holder, I mean a person who possesses an actual permanent residency card that is valid for ten years at a time.  If you a green card holder and your green card is not valid for ten years at a time – you are probably not be a permanent green card holder.

However, if you are a permanent green card holder, then your divorce will have no consequence on your immigration status.   As long as you made no misrepresentations to the immigration agency during the process of receiving your green card – there is nothing that a former husband or wife can do or say to impact your immigration status.   The only difference that a divorce may have is that it will make it necessary for an individual to be a permanent resident for five years before being eligible for naturalization.

Conditional Green Card Holder Married to a U.S. Citizen

Often times, when a foreign national receives permanent residency through marriage to a U.S. citizen, that foreign national receives conditional permanent residency.  Conditional permanent residency is no different from traditional permanent residency – except that it is valid for only two years.  At the end of those two years, a couple is suppose to file a joint removal of conditions application to USCIS.

If a couple cannot file a joint application, then there are certain situations where the foreign national can file for a wavier to the joint application to remove conditions.  These waivers include instances where a couple enter into a marriage in good faith – but it just doesn’t work out.  A waiver also exists when the foreign national spouse is subjected to physical or mental abuse by the U.S. citizen spouse.  In both of these cases, it is necessary to show that the marriage was entered into in good faith (meaning that the couple married for reasons other than immigration benefits).  An immigration lawyer can help individuals out in these types of situations.

Foreign National Married to a U.S. Citizen Without a Conditional or Permanent Green Card

Even foreign nationals married to a U.S. citizen, but without a green card, have options available to them if their marriage is failing.  In particular, applicants who are subject to either physical or mental abuse at the hands of their U.S. citizen spouse can obtain a permanent green card – even if their spouse is uncooperative.

It is common in these types of marriages (the abusive ones) that a U.S. citizen spouse attempts to use a person’s “immigration papers” as a bargaining chip in their relationship.  Such intimidation and leverage should never be tolerated – it doesn’t have to be tolerated.

If you are thinking of getting a divorce, and are a foreign national, please contact an immigration lawyer to determine your best options.   The information above is general information, and there may be a better option available.  No matter what, please don’t let a fear of immigration repercussions cause you to stay in an abusive relationship.

Many questions remain for the online update…

How in depth will the update be?   How accurate will the update be?  How quickly will the update appear after the fact?  Will all cases be included and updated consistently?  I can continue, there are many others.

But for now, let’s see how the update tool works… here is the link to the DOS Case Update Status tool.

Yet, in the few months since the election, numerous events have taken other topics to the forefront of Congressional minds.   President Obama says he will push comprehensive immigration during his first year – but now the gun control debate has also become a priority.  In addition, the government faces no less than three “fiscal cliffs” during the first three months of the year.

All of a sudden, the next year has become overcrowded with possible legislation.  Whether immigration reform will be able to make it to debate and actual passage is now much more uncertain.  On This Week, leading Senator Mitch McConnell stated that nothing will take priority over the coming financial debates – not even immigration reform or gun control reform.

Given how long it took Congress to reach an agreement on the January 1st fiscal cliff, I am not holding my breath that immigration reform will be accomplished until the summer (if then).  If you want immigration reform, you better be pushing your representatives in the Congress.

To find your house representative – click here.

To find your Senators – click here.

Perhaps the campaign didn’t think their immigration positions would hurt them too much in the general election.   Or maybe the campaign thought they could walk back from their stance, and present a more compassionate immigration stance during the general election.   Whatever they thought, it was wrong.  In the immediate aftermath of the election, almost all have acknowledged that newly minted citizens will play a major part in upcoming elections.

For the 2016 Presidential (and 2014 Congressional) elections, lets see what the Republican party will do to improve its political position on immigration.   Will they repeat their mistake and have the same regret after those elections?

However, that is where the website stops – at the general, overarching ideas and concepts.  An entrepreneur looking at it will probably have many unanswered questions.    A viewer might also get a false impression of the complexity of obtaining immigration status in the United States as an entrepreneur.  For example, the website lists the B-1 business visa as a possible visa to use for entrepreneurs – however the website doesn’t mention that an entrepreneur cannot be an employee as a B-1 visa holder.  Further, the website describes the H-1B visa as an option, “if you are planning to work for the business you start in the United States…”   Which is true – but explain that to this San Fransisco Entrepreneur who recently had a Money CNN news article written about his difficulties securing an H-1B visa through a company he founded in 2010 and that had already produced 15 U.S. worker positions.

Entrepreneur Pathways is a good starting point for would be entrepreneurs seeking to enter the United States.  However, the process is much more complex than suggested on the website.   If you are thinking of creating a business in the United States, speak to an immigration lawyer before getting started.   It will save you a lot of time and headache.