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The Board of Immigration Appeals recently determined that a K-4 visa applicant cannot adjust status based upon her marriage to a U.S. citizen. The BIA ruled that the applicant could not adjust status because she had entered the United States on the K-4 visa. Due to the restrictions on the K-4 visa holder, she could … Continue reading “Court Holds That K-4 Visa Applicant Cannot Adjust Status On Own Marriage” What is a Stokes Interview? The Stokes interview is the second interview that marriage visa applicants must attend if their first marriage visa interview is not successful. In New York City marriage visa cases the second interview is called a Stokes interview based upon a class action settlement in which the immigration agency agreed to … True or False? Does a foreign national automatically gain citizenship by marrying a U.S. citizen? FALSE. Many potential clients approach family immigration lawyers thinking that as soon as a couple gets married, all of the foreign national’s immigration problems will disappear. Unfortunately, this is not the truth. A foreign national who marries a U.S. citizen … Continue reading “Does Marrying a U.S. Citizen Automatically Give You Citizenship?” The U.S. sentenced a Mexican soup opera star to 30 days of jail for entering into a sham marriage and committing Immigration Marriage Fraud. Marriage fraud has real consequences and individuals who are thinking about it should know that both the U.S. citizen and the foreign national face up to five years in prison (and/or … Continue reading “Immigration Marriage Fraud May Lead To Jail Time” The New York Times recently ran an article about a couple that has been married for over seventeen years, but who have been unable to demonstrate to USCIS that their marriage is legitimate and wasn’t solely for immigration purposes. Think about that for a second – if someone married another for immigration purposes only, why … Continue reading “USCIS Not Sure 17 Year Marriage Is Legitimate” The Department of State (DOS) has recently changed its procedure for the K-3 spousal visa. Originally, the K-3 visa was meant to provide an avenue for foreign nationals who are married to a U.S. citizen to come into the United States while they wait for the adjudication of an immigrant visa (I-130). Unfortunately, the process … Removal of Conditions to Residency: USCIS Issues Another Memorandum The USCIS recently issued another memorandum addressing its procedure for removing the conditional residency of newly married foreign nationals and U.S. Citizens (I-751 Removal of Conditional Residency Petitions). This memorandum is not the first one to address removal of conditions to residency that USCIS has issued … Continue reading “Removal of Conditions to Residency: USCIS Issues Another Memorandum” |
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