Blog – Law Office of Jennifer Fabian-Verzosa

Studying Abroad Without Losing Your Permanent Resident Status (or Your Mind)

Fri, 20 Feb 2026 15:44:07 GMT

Studying abroad as a Green Card holder is doable, but takes a little more steps than your U.S. citizen friends. This post will discuss how to go global without losing your permanent residency.

By: Jennifer Fabian-Verzosa, Esq.

So, you want to spend some semesters eating croissants in Paris, finish your nursing degree in the Philippines, or study marine biology in the Great Barrier Reef in Australia. But then that tiny voice in your head asks: “If I leave, will they let me back in? Will I lose my green card?”

Reentry Permit

If you’re planning to be gone for more than a year, it is important to consider the potential effects of this long absence on your permanent resident status. The U.S. government might start thinking you’ve moved on. U.S. Customs Border and Protection (CBP) may start presuming you have abandoned your green card holder status if you have been gone more than 6 months, and you no longer maintain any U.S. ties. To keep the relationship status "not complicated," you may need to a Reentry Permit (Form I-131).

A Reentry Permit is like an insurance policy. It supports that you intend to come back to the States. However, keep in mind that CBP can always still ask you questions about your absence and travels, and reentry cannot be guaranteed, especially if there are other indicators that you have fully abandoned your life in the United States.

An immigration lawyer can help determine whether your travels qualify for a Reentry Permit, and help you prepare and file the paperwork so it coincides with your school timeline. An immigration attorney can advise you of current timelines and even monitor your case while you are studying abroad. Not every student studying abroad needs a reentry permit, which is why it’s a good idea to get your questions answered so you can find out whether you will need it or not.

Keep The Paper Trail Alive

U.S. immigration looks at "ties" in terms of determining whether you have abandoned your U.S. home. For this reason, while you’re busy making memories abroad, it's important to make sure your paper trail stays firmly planted on U.S. soil.

Keep your U.S. bank account active.
File your taxes as a U.S. resident.
Maintain a U.S. address and home base, for example, your parents’ home.

A Reentry Permit is like an insurance policy. It supports that you intend to come back to the States.

The Naturalization Clock

If your ultimate goal is U.S. Citizenship, keep an eye on the Continuous Residency requirement. Generally, you need to be physically present (foot on soil) in the U.S. for at least half of the required five years (or three, if married to a U.S. citizen). Staying out for more than 6 months starts to "break" that continuous streak.

If you are a U.S. citizen student, then you do not need to worry about how long you are outside the U.S.

Do not let the paperwork scare you away from the experience of a lifetime. Just remember the rule of thumb for every type of student: If you need help (including legal help with applying for a reentry permit), be sure to ask for it before you depart. Do not let your overseas educational goals keep you away from ultimately returning to your permanent home in the U.S.

Our friendly and experienced IMMIGRATION LAW OFFICE can assist you with the reentry permit application process. We provide both in-person and remote immigration legal services to student clients all over the United States . Contact us today!

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Studying Abroad Without Losing Your Permanent Resident Status (or Your Mind) appeared first on Law Office of Jennifer Fabian-Verzosa .

Your Immigration Guide to Bringing Your Valentine Home

Sat, 14 Feb 2026 02:11:16 GMT

By: Jennifer Fabian-Verzosa, Esq.

So, you’ve found "The One," and they just happen to live on the other side of a giant ocean. First off, congrats! Finding your soulmate in this great big world is not easy, and for international couples, that journey is filled with milestones, rest stops, and a whole lot of paperwork.

In the world of 2026 immigration, playing Cupid requires a bit of a legal strategy. Whether you're dreaming of a summer wedding in the United States, or a life where your overseas Valentine can hit the ground running with a job, choosing the right "pathway to forever" is your first big step together.

Let’s break down your two main options for your overseas Valentine: the K-1 Fiancé Visa and the CR-1 Spouse Visa .

The K-1 Fiancé Visa

Think of the K-1 as the "reunite sooner" option. If your biggest priority is being under the same roof as quickly as possible, this is often the go-to. You get your partner here, you have a 90-day window to say "I do," and then you start your life together. However, it can take at least 10 months to obtain that initial "YES" from USCIS.

Once your fiance(e) arrives, they are in a bit of a "legal limbo." They cannot work or travel outside the U.S. until you file more paperwork (Adjustment of Status) and wait for those permits to arrive, which will take more months.

The CR-1 Spouse Immigrant Visa

If you are already married (or do not mind a longer wait while living apart), the CR-1 is the "slow and steady" route that offers a little more stability. Once approved, your spouse enters the U.S. and is a Lawful Permanent Resident from the moment they step off the plane (assuming they are admitted by U.S. Customs and Border Protection (CBP)).

However, this is the marathon route . It can take anywhere from 13-15 months, or longer , to get your petition approved USCIS, depending on the backlog. Then you have to wait for an interview, and the wait time depends on your spouse's country.

Some of the perks from this process is that your spouse can work immediately after arrival, and can travel back home for the holidays without asking for any additional special permission from USCIS.

One question I get all the time is: Is it "Safe" to Immigrate Right Now?

I am not going to sugarcoat it: the 2026 immigration climate is intense. The U.S. government has shifted to an "investigate first, trust later" posture. But "complex" does not mean "impossible." Here is the reality check for your 2026 filing:

1. The "Extreme Vetting" Era

More than ever, USCIS is going to check on your "bona fides" (a fancy word for " Is this love real? "). They will review the evidence you provide, but are also more likely to look you up on social media, review your trip itineraries, and peek at your financial intermingling.

2. The 75-Country "Pause"

This is the biggest hurdle of 2026. In January 2026, the State Department paused issuing immigrant visas for nationals of 75 countries (including places like Brazil, Colombia, Egypt, and Morocco). If your Valentine is from one of these countries, they can still apply and attend the consular interview, but the actual visa will not be issued until the ban is lifted.

3. The Interview

Your Valentine will have a mandatory interview. Officers may ask a range of questions about your love life to see if you know each other. This may include questions about your daily routines, bedroom layout, and modes and frequency of communications.

4. Financial Sponsorship

More than ever, you need to be able to heavily document that your Valentine will not be reliant on public benefits when he or she immigrates to the U.S. You need to convince the consular officer (or USCIS) that you have strong financials and that you can afford to take care of your immigrating loved one.

Tip : An immigration attorney can advise you on the types of financial documents that you will need to present a strong case.

More than ever, you need to be able to heavily document that your Valentine will not be reliant on public benefits when he or she immigrates to the U.S.

Pro-Tips for Your Love Story Success

Social Media Match: Check that your digital relationship timeline matches your paperwork.
Document Everything: Flight itineraries, hotel receipts, and photos with family are gold .
Obtain Professional Help for Peace of Mind: During this long process, the other person (other than your Valentine) that you will be checking in with and talking to the most will be your immigration attorney. As your personal advisor and navigator through all things that could happen in the months to come, your immigration attorney can help you build a strong application and help ensure that you are presenting your case in the most effective way possible.

While the "right to love" is facing some high hurdles in 2026, every day couples are still getting their cases approved overseas and successfully navigating the system. With the right preparation and a bit of patience, your "passport to forever" is still within reach.

Happy Valentine's Day — may your love be stronger than any backlog! ❤️✈️

Our IMMIGRATION LAW OFFICE can help you and your Valentine navigate the marriage-based immigration process. We provide both in-person and remote immigration legal services to clients all over the United States . Contact us today!

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*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Your Immigration Guide to Bringing Your Valentine Home appeared first on Law Office of Jennifer Fabian-Verzosa .

How to Expedite your Immigration Case with USCIS

Sat, 24 Jan 2026 20:46:16 GMT

By: Jennifer Fabian-Verzosa, Esq.

This article explores how to expedite your I-130 FAMILY Petition or I-765 Employment Authorization Application with USCIS.

What is an Expedite Request?

If you are in a bind, you can submit a formal request to USCIS, asking it to process your application or petition more quickly. If approved, processing of your case moves to the front of the line.

First Step: Do You Qualify?

Keep in mind that these are requests , which means approval is not guaranteed . In fact, USCIS only grants expedites in limited, specific circumstances . You must prove that your situation falls into one of these categories:

Severe Financial Loss: For example, an individual who will lose their job and critical benefits if their work permit is not processed.
Urgent Humanitarian Reasons: This usually involves documented medical emergencies, such as the death of a family member, or urgent situations related to human welfare (such as being a victim of domestic violence).
U.S. Government Interests: This means a federal agency would have an interest, because your case affects national security or public safety.
Clear USCIS Error: If your case is delayed because USCIS made a mistake (e.g., they lost your file or entered your data incorrectly).
Nonprofit Interests: If you work for a nonprofit whose mission furthers the social or cultural interests of the U.S., and your role is critical to that mission.

How to Submit the Request

While you can submit a request with your filed application or petition, in my experience as an immigration lawyer, these are frequently overlooked by USCIS. Once you have your Receipt Number (listed on your I-797 notice rom USCIS), you can use one of three methods to file an expedite request:

Option A: Call the USCIS Contact Center

Dial 1-800-375-5283 . When the automated system asks how it can help, say "Expedite Request." You will eventually be connected to an agent who will take down your reasons for the request.

Tip 1: Before you call, be prepared! You will need to provide a concise, 2–3 sentence explanation of why your case is urgent, and which one of the specified USCIS reasons above (for example, Severe Financial Loss, Urgent Humanitarian Reason, etc.) your request falls under.
Tip 2: If you are calling to expedite an I-765, you must be the applicant, or the applicant must be present with you over the phone. If you are calling to expedite an I-130, you must be the petitioner, or the petitioner must be present with you over the phone.

Option B: Use "Ask Emma"

On the USCIS website , click the "Ask Emma" icon. Type "Expedite Request" into the chat. The virtual assistant can connect you to a live chat agent who can initiate the service request for you.

Tip: Since this is an AI-driven chatbox, it is driven by prompts and can be faulty. Certain responses will lead you to another area, away from your original topic of inquiry. At busier times, you will be placed in a long queue that can last for hours, only to be disconnected when you finally get close. I am speaking from experience! For these reasons, a phone call or online request might be better, especially if you are short on time.

Option C: Submit on your USCIS Online Account

If you filed online or linked your paper case to an online account, navigate to your Inbox to send a Secure Message to USCIS. Select "Expedite" as the inquiry type. This is often the most effective method because it allows you to upload your evidence immediately .

Tip: Gather the evidence to support your request beforehand . If you are still waiting on a document to arrive (such as a doctor letter), wait to submit your request until you have scanned such letter. That way, once you send the message to USCIS, you can upload the evidence immediately after . USCIS could take a day, or a couple weeks to review your request, so be fully ready before you hit send.

Gather the evidence to support your request beforehand. That way, once you send the message to USCIS, you can upload the evidence immediately after.

How will I be notified of the decision?

USCIS will notify you of their decision via email.

What happens if my Expedite Request is denied?

If denied, your case simply returns to the main queue, subject to the normal processing times. You do not lose your place in line just because you submitted an expedite request.

Tip: If your expedite request is denied and your situation is dire, you can contact your local U.S. Representative or Senator . Their office has a dedicated immigration liaison who can inquire with USCIS on your behalf.

My Expedite Request has been approved. Now what?

Even if you receive a message from USCIS that your expedite request “meets the minimum criteria”, please note that this is still only considered a preliminary approval. Your request must still get to the next step, which means it must be transferred to the adjudicating USCIS field office or service center, which must still process the request. Unfortunately, this final stage can also take weeks, or months. This is why it is a good idea to submit your expedite request as soon as you can.

Additional Tips

Timing Matters: If you are in a bind, do not wait until the last minute to file. File as soon as the evidence is available, as USCIS can take weeks (and lately, even months) to fully approve your request.
Check for Premium Processing First: This post only covers expedite requests for family-based petitions or applications. If your form type (like an I-140 or certain I-765s) offers Premium Processing , USCIS will generally not grant a free expedite. You are expected to pay the fee for the faster service instead.

Our FAMILY-BASED IMMIGRATION LAW OFFICE can assist you with determining the types of evidence and documentation that could best support your expedite request. We are experienced in assisting couples and families with the immigration of their loved ones all over the world. We provide both in-person and remote immigration legal services wherever you are. Contact us today!

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post How to Expedite your Immigration Case with USCIS appeared first on Law Office of Jennifer Fabian-Verzosa .

Waiver for Misrepresentation: A Path to Forgiveness

Mon, 05 Jan 2026 06:18:09 GMT

By: Jennifer Fabian-Verzosa, Esq.

FOR MANY PEOPLE, IMMIGRATING TO THE UNITED STATES IS THE CULMINATION OF A LIFELONG DREAM. HOWEVER, THAT DREAM CAN BE PUT AT RISK BY A PAST MISTAKE, SUCH AS MISREPRESENTATION OR FRAUD.

Whether it was a white lie on a visa application years ago or the use of a fraudulent document, the immigration consequences of misrepresentation or fraud are unfortunately severe: Under U.S. law, it typically triggers a lifetime ban from the United States.

The good news? The law potentially provides a second chance through the I-601 Waiver of Inadmissibility . How does this waiver work, and what does it take to successfully "waive" a misrepresentation or fraud charge?

“Misrepresentation” in Immigration

In the eyes of U.S. Citizenship and Immigration Services (USCIS), misrepresentation occurs when an individual willfully hides or falsifies a material fact to obtain an immigration benefit (like a visa or entry into the country). Willful means y ou knew the information was false, and material means the lie mattered. If the truth had been known, you likely would have been denied the benefit.

The Key to Forgiveness is Proving "Extreme Hardship"

The I-601 waiver is not granted just because you are now sorry. You must show that your removal or deportation would cause extreme hardship to a qualifying relative. For fraud/misrepresentation waivers, your qualifying relatives are limited to your U.S. Citizen or Lawful Permanent Resident spouse or parent.

Family separation always causes "normal" hardship. To prevail on this waiver, you must show that your relative’s suffering would be beyond the common results of deportation. It must cause a much higher level of hardship. This must be heavily documented. An immigration attorney can help you determine what types of evidence would help meet the “extreme hardship” standard. In addition, you must otherwise have good moral character, with positive factors outweighing any negative factors (such as the nature and severity of the fraud, history of immigration violations, and criminal record). Positive factors may include community involvement, long-term residency in the U.S., stable employment, and evidence of genuine remorse and rehabilitation.

The I-601 Waiver process is legally complex and highly dependent on the evidence that you submit with your application. An immigration attorney can help you determine the types of documents that will strengthen your application package.

The I-601 Waiver process is legally complex and highly dependent on the evidence that you submit with your application.

The Application Process

The I-601 Waiver application process is a journey of precision, involving significant documentation and a long wait that requires patience. The I-601 is rarely filed in a vacuum; it is usually part of a larger green card or visa application. Usually, you do not file the I-601 until a government official officially finds you "inadmissible." For those outside the U.S., this happens at the Consular Interview. For those inside the U.S. adjusting status, it happens during or after the USCIS Interview.

The I-601 Filing Fee is currently $1,050. After receiving your waiver application, USCIS will review your case, and if approved, will notify the consulate or your local USCIS office that your waiver has been approved. Once your I-601 Waiver is approved, your fraud/misrepresentation is essentially “forgiven”, which means that your green card process can now proceed!

It takes time and patience, and there is always the risk of not being approved. However, a successful result can put your American dreams back on track. An immigration attorney can help you determine whether you might be eligible for this special waiver based on your unique circumstances and immigration history, and assist you in putting together a persuasive application package.

Contact our IMMIGRATION LAW OFFICE for assistance with whether an I-601 Waiver can help you in your situation. We are compassionate and dedicated to helping you understand your options so you can move your life forward. We provide both in-person and remote immigration legal services to clients all over the world . Contact us today!

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*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

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LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Waiver for Misrepresentation: A Path to Forgiveness appeared first on Law Office of Jennifer Fabian-Verzosa .

Overview of I-601A Provisional Waiver for Unlawful Presence

Sun, 04 Jan 2026 03:05:22 GMT

By: Jennifer Fabian-Verzosa, Esq.

FOR UNDOCUMENTED INDIVIDUALS LIVING IN THE UNITED STATES, THE I-601A PROVISIONAL WAIVER MAY BE A POTENTIAL PATHWAY LEADING TO A GREEN CARD. THIS POST EXPLAINS THE GENERAL PROCESS, AND PROS AND CONS OF THIS SPECIAL WAIVER.

What is the I-601A Provisional Waiver, and who is it for?

The I-601A waiver is for individuals who entered without inspection (EWI) and are subject to the three-year and ten-year unlawful presence bars if they leave the U.S. This waiver is for persons with squeaky clean histories (i.e., no serious criminal history), and no outstanding removal orders. You will need an approved immigrant petition, and you must show proof that if you are removed/deported from the U.S., your U.S. citizen or lawful permanent resident spouse or parent will suffer extreme hardship. The waiver waives your unlawful presence or overstay in the U.S. Once the waiver is approved, and you have a successful interview overseas, when you return and are admitted to the U.S., you will be a lawful permanent resident!

An immigration attorney can help you determine whether you meet the eligibility requirements.

Benefits :

The I-601A waiver does not require prolonged and indeterminate separation from your family.
Leads to lawful permanent residency (i.e., a green card).
You receive a decision on the waiver before you depart the U.S. for your interview at a U.S. embassy/consulate overseas.

Cons :

Current Processing time is long: 2-3+ years
Costly: $795 (as of the date of this post)
Once the waiver is approved, you still have to depart the U.S. to attend an interview at a U.S. embassy/consulate overseas.
While the purpose of the waiver is to waive your unlawful presence period in the U.S., enabling you to return to the U.S. after your interview, there is always an inherent risk of not being admitted to the U.S., particularly if you have other grounds of inadmissibility. It’s important to make sure before applying or departing that you have absolutely no criminal history, no outstanding removal orders, and no other immigration violations or inadmissibility issues.
It’s imperative to have your immigration history reviewed by an immigration attorney since so much is at stake.
Heavy documentation is required to show extreme hardship to your U.S. spouse or parent.
An immigration attorney can help you determine the types of evidence you will need to help persuade USCIS of the hardship.

It's important to make sure before applying or departing that you have absolutely no criminal history, no outstanding removal orders, and no other immigration violations or inadmissibility issues .

When to File the Waiver:

The process cannot begin without an approved underlying petition (Form I-130, I-140, or I-360). USCIS currently reports a processing time of 17 months for the I-130 petition. Once the I-130 is approved, you must pay the standard immigrant fees to the National Visa Center (NVC), and notify the NVC that you intend to file a provisional waiver, so NVC can “pause” your case. This is the time to file your I-601A Waiver.

What happens after the Waiver is Approved?:

Upon approval of the I-601A provisional waiver, the case resumes at the NVC for the consular processing stage. Now you can submit your online immigrant visa application (DS-260), civil and financial documents. You will be scheduled for an interview at the U.S. embassy located in your country of citizenship. Once the waiver has been approved and you have an interview date, you may depart the U.S., undergo your overseas medical exam, and attend the interview. As long as the consular officer finds no other grounds of inadmissibility, the waiver can be applied, and the immigrant visa can be issued.

Once you return and are admitted to the United States with your immigrant visa in hand, you will be a lawful permanent resident!

Our IMMIGRATION LAW OFFICE can help you determine whether you might be eligible for an I-601A Waiver. We are compassionate and dedicated to helping you understand your options so you can move your life forward. We provide both in-person and remote immigration legal services to clients all over the United States . Contact us today!

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Overview of I-601A Provisional Waiver for Unlawful Presence appeared first on Law Office of Jennifer Fabian-Verzosa .

Navigating Changes in the Naturalization Application Process: Year 2025 in review

Sat, 03 Jan 2026 08:00:17 GMT

By: Jennifer Fabian-Verzosa, Esq.

IN 2025, APPLYING FOR U.S. CITIZENSHIP UNDERWENT SEVERAL TRANSFORMATIONS: POLICY SHIFTS, HEIGHTENED VETTING STANDARDS, AND CHANGES IN TESTING. IF YOU WERE THINKING OF APPLYING, KEEP READING FOR AN OVERVIEW OF THE CHANGES, SO YOU CAN BE PREPARED.

First , applicants can now expect to be assessed not only on their current eligibility for U.S. citizenship, but there will also be a forensic audit of their entire immigration history . This includes reviewing history beyond just the 5 year statutory period (or 3 years for marriage-based naturalization) typically reviewed for naturalization applications.

Additionally, naturalization applications from nationals of the following countries will have their N-400 applications put “on hold”, for extensive vetting and re-review =

Afghanistan
Angola
Antigua and Barbuda
Benin
Burkina Faso
Burundi
Chad
Cote d’Ivoire
Cuba
Dominica
Equatorial Guinea
Eritrea
Gabon
The Gambia
Haiti
Iran
Laos
Libya
Malawi
Mali
Mauritania
Myanmar (Burma)
Niger
Nigeria
Republic of Congo
Senegal
Sierra Leone
Somalia
South Sudan
Sudan
Syria
Tanzania
Togo
Tonga
Turkmenistan
Venezuela
Yemen
Zambia
Zimbabwe

This is pursuant to updated 01/01/2026 policy guidance from USCIS ( PM-602-0194 ) [FN1] , supplementing the prior June 4, 2025 Presidential Proclamation , “ Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats. ”

This is an administrative freeze for applications from nationals of the above countries. Although the application can still be accepted, and fees will be cashed, processing may be paused for an undeterminable period thereafter. Alarmingly, the policy also mandates a "re-review" of individuals from these nations who received benefits after January 20, 2021. The second look could potentially to green card revocation if "derogatory information" is discovered.

Third , testing has also changed. For applicants filing after October 20, 2025, the "2008 Version" of the civics test is no longer available. All N-400s filed in December 2025 are subject to the "2025 Civics Test". In the new test, the number of questions has increased from 100 to 128. An applicant must also answer 12 questions correctly, and they already fail once they get 9 wrong.

Fourth , USCIS also published policy guidance on August 15, 2025 (PM-602-0188) [FN2] , requiring affirmative evidence of an applicant's "good moral character". The absence of any criminal history is simply not 'good enough' anymore. An applicant must be prepared to bring and show proof of their character. Reversing a policy that stood for over three decades, USCIS has resumed "neighborhood investigations", giving USCIS the authority to conduct field investigations where officers can contact and interview an applicant’s neighbors, employers, friends, and associates, to verify an applicant’s residence and “good moral character.” While USCIS has stated this is to combat fraud, this poses new issues, as one can imagine the potential impact that a disgruntled employer or neighbor can have on a person’s application for naturalization

With that said, applicants with any criminal history can expect that their applications will be further scrutinized for evidence of rehabilitation.

So, given all these changes, should a current lawful permanent resident apply for U.S. citizenship now, or wait until later?

To assess that question, consider that these changes may only be the first of a string of future significant changes in the naturalization process. More changes are expected to come. The USCIS Director has stated that the current presidential administration wants to make the test harder in the future. They want harder civics questions, a subjective essay test , and possibly changing the location of the test to a standardized test center (rather than administering it during the naturalization interview).

It is also clear from the current administration’s policies of the past year that increased scrutiny of applications is also a focus for the future.

If you are considering whether to apply for U.S. citizenship now, or whether you should wait, while it is true that the current immigration landscape currently seems “scary”, consider also what the future holds if you wait too long to apply. The changes to naturalization happened rather quickly in 2025, and new changes and stricter requirements may suddenly pop up quicker than you expected in the future. This might not seem like a good time to apply, but then again there might also not be a better time for quite a while.

If you think you might meet the eligibility requirements NOW, you may want to consider applying soon -- before it becomes a necessity , and before the application process becomes an even higher hurdle .

An immigration attorney can help you better assess your situation and answer your questions about the potential risks and benefits of applying now, versus later.

This might not seem like a good time to apply, but then again there also might not be a 'better time' for quite a while.

Our IMMIGRATION LAW OFFICE is experienced with assisting applicants navigate the naturalization application process. Our client-centered law office will be here for you every step of the way, from filing to interview preparation. We provide both in-person and remote immigration legal services to applicants all over the United States . Contact us today!

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[FN 1] "Hold and Review of USCIS Benefit Applications Filed by Aliens from Additional High-Risk Countries.” (last accessed 01/02/2026) = " chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0194-PendingApplicationsAdditionalHighRiskCountries-20260101.pdf "

[FN 2] "Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization.” (last accessed 01/02/2026) = " chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.uscis.gov/sites/default/files/document/policy-alerts/08.15.2025-Restoring_a_Good_Moral_Character_Evaluation_Standard_for_Aliens_Applying_for_Naturalization-Policy_Memorandum_FINAL.pdf "

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Navigating Changes in the Naturalization Application Process: Year 2025 in review appeared first on Law Office of Jennifer Fabian-Verzosa .

From Military Parole in Place to Adjustment of Status

Mon, 09 Jun 2025 00:09:19 GMT

By: Jennifer Fabian-Verzosa, Esq.

BEING APPROVED FOR MILITARY PAROLE IN PLACE (PIP) IS A SIGNIFICANT AND POSITIVE STEP FORWARD FOR ELIGIBILE FAMILY MEMBERS OF U.S. MILITARY PERSONNEL AND VETERANS. THIS ARTICLE EXPLORES THE NEXT STEPS TO OBTAIN A GREEN CARD AFTER APPROVAL.

Many spouses, parents, and children of service members or veterans entered the U.S. without inspection. Military PIP is a special program which aims to reduce family separation and help prevent the disruption of military service that can occur when a family member is facing deportation due to their undocumented status. Military PIP recognizes the importance of family for military personnel and veterans. While PIP itself does not grant permanent residency (a green card), it opens a crucial door: the ability to apply for Adjustment of Status from within the United States. Adjustment of status is the pathway to a green card.

Entering without inspection normally prevents persons from applying for a green card without leaving the country, often triggering long separations and potential bars to re-entry. Military Parole in Place overcomes this hurdle by granting a special "parole" status for the purpose of applying for Adjustment of Status. Essentially, for immigration purposes, an approved family member under this program would now be considered to have been "paroled" into the U.S.. This fulfills a key requirement for adjusting status.

Once you have your Military PIP approval, what are the next steps towards securing a green card? Here is a breakdown of the general process and requirements:

1. Check whether you are eligible for Adjustment of Status:

It would be wise to assess your eligibility for adjustment of status even before applying for Military Parole in Place. That way, you can plan for your future and evaluate any potential roadblocks to obtaining your green card. Anytime you apply for an immigration benefit or submit an application, you expose yourself and put yourself at risk for immigration enforcement, especially in this current immigration climate. That is why it is essential that you understand eligibility requirements, and consider any potential risks, before filing any application. This is where the guidance of an immigration attorney would be particularly helpful, especially an immigration attorney who frequently assists military members and their families.

Adjustment of status has its own set of requirements! A lawful entry is not the only requirement for adjustment of status. You must be admissible to the United States. PIP overcomes the ground of inadmissibility related to entry without inspection, but it does not waive other grounds that could also make you ineligible for a green card. This is very important to understand. Other common grounds of inadmissibility include certain criminal convictions, immigration fraud or misrepresentation, specific health issues, or a likelihood of becoming a public charge. If other grounds of inadmissibility apply, you may need to file an additional waiver application, or you may simply not be eligible for adjustment of status (even if you were approved for Military PIP!).

Adjustment of status has its own set of requirements! A lawful entry is not the only requirement for adjustment of status.

2. Gather all the necessary documentation:

Once you determine you may be eligible for adjustment of status, the next step is to gather all the important documentation to support your adjustment of status application. This includes the Form I-94 paper that you received through PIP, proof of your family relationship to the military member, your civil documents (such as your passport and birth certificate), and proof that you are admissible and will not become a public charge (financial documents of the military member or veteran).

3. File for Adjustment of Status:

Along with the necessary supporting documents, file Form I-485, Application to Register Permanent Residence or Adjust Status, Form I-130, Petition for Alien Relative, and Form I-864, Affidavit of Support. If you would like to work legally while your application is pending, file optional Form I-765, Application for Employment Authorization. You may also file optional Form I-131, Application for Travel Document (advance parole), if you would like to travel while your application is pending. However, it is highly recommended that you speak to an immigration attorney before you travel outside the U.S., because having an approved travel card (advance parole) does NOT fully protect you from risks of immigration enforcement and is not a guarantee that you will be admitted back to the U.S. after your travel.

4. After Filing:

Biometrics Appointment: USCIS will schedule you to provide fingerprints, photos, and a signature.
Interview: The days of waived interviews are pretty much long gone. It is much more likely nowadays that you will receive an interview at your local USCIS office. At your interview, a USCIS officer will review your application with you, and ask you and your miliary petitioner questions to further confirm your relationship and whether you meet the requirements for adjustment of status.
Decision: USCIS will notify you of their decision by mail. If approved, you will now be a Lawful Permanent Resident, and your green card will be mailed to you.

5. Important Considerations:

Before applying, review the requirements to make sure you meet them: Confirm your eligibility for adjustment of status, and any necessary waivers. If you have any criminal history whatsoever, or think any potential grounds of inadmissibility might apply (beyond an entry without inspection covered by PIP), consult with an immigration attorney before filing. You may need a waiver, or you may not be eligible for adjustment of status and could face denial. A denial puts you at further risk for detention and removal, so be aware and be cautious.
Obtain Legal Help Before You File Any Immigration Application: The adjustment of status process is complex. While PIP simplifies the entry issue, mistakes in the adjustment of status application or with regards to eligibility can cause delays or denials. Consulting with an immigration attorney experienced in military immigration cases is highly recommended.
Processing Times: Processing times for adjustment of status applications vary depending on USCIS caseloads. You can check typical processing times on the USCIS website.

For so many military members and their loved ones, lawful permanent resident status after approval for Military Parole in Place is the ultimate endgame. This special program is supposed to serve those who serve our country. By providing a path to permanent residency, the program acknowledges the sacrifices of military members and their families, and prevents family separation. There is nothing more important than family, and worrying about the immigration status of family members can undoubtedly have a tremendous negative and demoralizing impact on those who currently serve, and our veterans.

Our IMMIGRATION LAW OFFICE is here to serve those who serve, and we are experienced in helping active duty military and veterans navigate the immigration process for their family members. We have assisted military members deployed and stationed all over the world. We provide both in-person and remote immigration legal services. Contact us today!

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post From Military Parole in Place to Adjustment of Status first appeared first on Law Office of Jennifer Fabian-Verzosa .

USCIS Reverses Course on Gender Markers on Immigration Forms

jennifer@law-jf.com (Jennifer Fabian-Verzosa) — Mon, 26 May 2025 19:50:08 GMT

By: Jennifer Fabian-Verzosa, Esq.

IN A SIGNIFICANT POLICY REVERSAL, USCIS ANNOUNCED MAJOR CHANGES IN EARLY 2025 REGARDING HOW GENDER IS RECOGNIZED AND LISTED ON IMMIGRATION FORMS AND DOCUMENTS. READ ON FOR MORE ABOUT WHAT YOU NEED TO KNOW ABOUT THIS IMPORTANT UPDATE.

1. Return to a Two-Sex Policy: Male and Female Only

Effective April 2, 2025, USCIS updated its policy manual to state that it only recognizes two biological sexes: male and female. This change was implemented to align with the January 20, 2025, Executive Order " Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government . "

2. The "X" Gender Marker is Eliminated

The "X" gender option (sometimes listed as "Another Gender Identity"), which USCIS began adding to some forms like the N-400 Application for Naturalization in 2024 to provide a choice beyond male or female, has been removed.

No More "X" on New Forms: Updated editions of forms are being released with only "Male" or "Female" options offered.
"X" on Existing Forms will not be recognized: Even if you encounter an older form version that still shows an "X" or "Another Gender Identity" option, USCIS will not issue documents with an "X" marker based on this new policy.
No New "X" Documents will be issued: USCIS will no longer issue any documents (like Green Cards, Employment Authorization Documents, or Naturalization Certificates) with an "X" gender marker.

3. How Sex is Determined: Back to Birth Certificate Rules

Under the new guidance, USCIS will primarily determine an individual's sex based on what is listed on their birth certificate issued at or nearest to the time of birth.

Secondary Evidence: If the birth certificate lists something other than "Male" or "Female," or in limited circumstances where USCIS deems it more appropriate, the agency may consider secondary evidence (like other government IDs or medical records) to assign either a "Male" or "Female" designation.
Self-Selection Overridden: The previous policy from March 2023 , which allowed applicants to self-select their gender without supporting documentation matching their identity documents, has been superseded. The determination is now primarily based on the birth certificate record according to USCIS interpretation.

4. What About Existing Documents?

Validity: Existing USCIS documents and U.S. Passports that already have an M, F, or X gender marker generally remain valid until they expire.
Renewals: Renewing documents may be problematic. USCIS and the Department of State (which has implemented similar changes for passports) may revert the gender marker upon renewal to align with the sex listed on the birth certificate, regardless of the marker on the expiring document. It is unclear exactly how this will be implemented in all cases. Renewing a document with an "X" marker will likely result in it being reissued with either "M" or "F".

5. Impact on Applicants

This policy shift creates significant challenges:

Difficult Choices: Non-binary, intersex, and transgender individuals whose identity doesn't align with the sex listed on their birth certificate may be forced to select "Male" or "Female" on forms, which may not reflect their identity.
Potential Delays and RFEs: Selecting a sex different from the birth certificate, or failing to select one, could lead to processing delays or Requests for Evidence (RFEs) while USCIS determines the appropriate marker based on its policy. USCIS has stated it will not deny an application solely for failure to properly indicate sex, but processing issues are likely.
Assigned Markers: USCIS may issue a document with a sex marker (M or F) that differs from what the applicant selected, based on its review of the birth certificate. USCIS intends to notify applicants if this occurs.
Confusion and Distress: This policy can cause significant distress and confusion for applicants forced to use documentation that misrepresents their identity. It raises particular concerns for those seeking immigration benefits based on persecution related to their gender identity.
Going Backward: These changes step back from previous USCIS efforts towards inclusivity, and directly impacts transgender, non-binary, and intersex applicants.

6. What Can Applicants Do?

Navigating this new landscape can be difficult. Consider these steps:

Consistency (Where Possible): Aim for consistency between the gender marker selected on the USCIS form and other legal documents, particularly your birth certificate, to potentially minimize delays, while acknowledging this may not align with your identity.
Be Prepared to Explain: If forced to select a marker inconsistent with your identity, be prepared to potentially explain this during the application process, possibly through a personal declaration if relevant to your case (e.g., asylum claims).
Stay Informed: Keep track of updates from USCIS and immigration advocacy groups.
Consult an Immigration Attorney: Seek legal advice, especially if your gender identity does not align with the M/F binary or the sex listed on your birth certificate, or if you have documents with conflicting markers. An attorney can provide advice tailored to your specific situation.

Navigating this new landscape can be difficult. Stay informed and keep track of updates from USCIS and immigration advocacy groups.

The April 2025 USCIS policy change marks a significant departure from previous trends towards gender inclusivity in the U.S. immigration system. It reverts to a strict male/female binary primarily defined by birth certificates, eliminating the "X" gender option and creating new hurdles for many applicants. Understanding this policy and getting help if you have questions is crucial for navigating the changes in the immigration process moving forward.

Our IMMIGRATION LAW OFFICE is here to help applicants navigate the immigration process. Our client-centered law office will be here for you every step of the way. We provide both in-person and remote immigration legal services, nationwide and worldwide. Contact us today!

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION LEGAL SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post USCIS Reverses Course on Gender Markers on Immigration Forms appeared first on Law Office of Jennifer Fabian-Verzosa .

From F-1 Student Visa to a Green Card: Navigating Permanent Residency Options

Sat, 17 May 2025 16:36:21 GMT

By: Jennifer Fabian-Verzosa, Esq.

WHILE AN F-1 VISA IS INITIALLY INTENDED FOR TEMPORARY STUDY, SEVERAL PATHWAYS CAN EVENTUALLY LEAD TO U.S. PERMANENT RESIDENCY. THIS GUIDE EXPLORES OPTIONS AND KEY CONSIDERATIONS FOR F-1 STUDENTS SEEKING A GREEN CARD.

Studying in the United States on an F-1 visa is an incredible opportunity for academic growth and cultural immersion. For many international students, the experience sparks a desire to build a life and career in the U.S. long-term. If you are an F-1 student dreaming of one day obtaining Lawful Permanent Resident (LPR) status in the United States, commonly known as getting a “Green Card,” you are not alone.

What are the options for an F-1 Visa Student to Obtain a Green Card in the United States?

Understanding F-1 Visas and Immigrant Intent

The F-1 visa is a non-immigrant visa. This means that when you apply for and enter the US on an F-1, you must demonstrate "non-immigrant intent" – the intention to return to your home country after completing your studies. You typically need to show ties to your home country, such as a residence you do not intend to abandon.

Applying for a green card, however, signals immigrant intent – the desire to live in the US permanently. This might seem contradictory, but US immigration law also recognizes that a person's intentions can also change after they have lawfully entered the United States.

Pathways to a Green Card

Several avenues can lead from an F-1 visa to a green card:

1. Family-Based Green Card:

Marriage to a U.S. Citizen or Lawful Permanent Resident: This is a common route for students who find love in the U.S.! Your U.S. Citizen or LPR spouse files Form I-130 Petition for Alien Relative.
If married to a U.S. Citizen: You can usually file Form I-130 and Form I-485 Adjustment of Status application concurrently.
You may be interested in: "Steps in Marriage-Based Adjustment of Status" .
Click here for "What to Expect at Your Adjustment of Status Interview" .
If married to an LPR: You file Form I-130 first and must wait for a visa number to become available (Important: Check the Visa Bulletin ) before filing Form I-485. This wait can sometimes take years, requiring you to maintain status or potentially another valid status, or depart the US.
Other Family: Sponsorship through U.S. Citizen parents (if you are under 21), U.S. citizen (if you are over 21), or U.S. Citizen siblings is possible but less direct for students actively on F-1 visas. Consulting with an immigration attorney is a wise idea to confirm your eligibility and the necessary steps involved.

2. Employment-Based (EB) Green Card:

Your education and potential work experience (such as through OPT/CPT) can also make you eligible for various employment-based categories:

EB-1: Priority Workers: For individuals with extraordinary ability (sciences, arts, education, business, athletics), outstanding professors/researchers, or certain multinational managers/executives. EB-1A (Extraordinary Ability) allows for self-petitioning (no employer sponsor needed), but the standard is very high.
EB-2: Advanced Degree or Exceptional Ability: For roles requiring an advanced degree (Master's or higher) or a Bachelor's plus five years of progressive experience, or for individuals with exceptional ability. Often requires employer sponsorship and a PERM labor certification (proving no qualified US workers are available).
National Interest Waiver (NIW): A significant exception within EB-2 allows individuals (especially those in STEM fields or whose work holds substantial merit and national importance) to self-petition, bypassing the need for a specific job offer and PERM labor certification.
EB-3: Skilled Workers, Professionals, Other Workers: For jobs requiring at least two years of training/experience (Skilled Workers), a Bachelor's degree (Professionals), or less than two years' experience (Other Workers). This category typically requires employer sponsorship and PERM labor certification.
OPT/CPT Roles: Optional Practical Training (OPT) and Curricular Practical Training (CPT) allow you to gain valuable US work experience. This experience can lead to a job offer from an employer willing to sponsor you for an H-1B visa, EB-2 or EB-3 green card.

The Process: Adjustment of Status vs. Consular Processing

Once you have an approved immigrant petition (such as an I-130 or I-140) and an immigrant visa number is available for your category, you can apply for the green card itself:

Adjustment of Status: If you are already inside the United States in valid status, you can typically apply for your green card by filing Form I-485 with USCIS. However, you must meet all other adjustment of status requirements!
Consular Processing: If you are outside the United States or ineligible for adjustment of status, you can apply for an immigrant visa through a U.S. embassy or consulate in your home country after your immigrant petition is approved and a visa number is available. You must be admissible and meet the requirements for an immigrant visa, so it is a good idea to check with an immigration attorney to help confirm whether you might meet the requirements!

Crucial Tips for F-1 Students Interested in Applying for a Green Card in the Future

#1 TIP IS TO MAINTAIN YOUR F-1 STATUS! This cannot be stressed enough. Diligently maintain your F-1 status.

Attend a full course load each required term.
Work only as authorized: Be fully aware of on-campus limits, and obtain prior CPT/OPT authorization for off-campus work.
Report address changes to your Designated School Official (DSO) immediately.

Even after filing an adjustment of status application, there are benefits to continuing to maintain your F-1 status. Mere filing of the application does not automatically terminate your F-1 status.

Even after filing your adjustment of status application, there are benefits to continuing to maintain your F-1 status.

Obtain Expert Help to Protect Your Future Dreams

U.S. immigration law is complex and constantly evolving, and the current immigration climate has been increasing hostile and unforgiving to F-1 students with status violations. Given the high stakes involved in pursuing permanent residency, it is recommended that you consult with an immigration attorney. An attorney can help assess your specific situation, explain the best options, guide you through the process, and help you avoid potential pitfalls to protect your future.

Transitioning from an F-1 student to a lawful permanent resident is achievable, but requires careful planning, understanding the legal requirements, and meticulous adherence to immigration rules. Whether through employment or family ties, exploring your options early and carefully maintaining your F-1 status are key steps on the path toward your goal of making the United States your permanent home.

Our IMMIGRATION LAW OFFICE is experienced with helping international students navigate the green card application process. Our client-centered law office will be here for you every step of the way, from filing to interview preparation. We provide both in-person and remote immigration legal services to students in educational programs all over the United States . Contact us today!

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post From F-1 Student Visa to a Green Card: Navigating Permanent Residency Options appeared first on Law Office of Jennifer Fabian-Verzosa .

Should I Apply for U.S. Citizenship Now, or Wait?

Mon, 12 May 2025 17:50:56 GMT

By: Jennifer Fabian-Verzosa, Esq.

IF YOU ARE WEIGHING THE DECISION OF WHETHER TO APPLY FOR NATURALIZATION NOW OR LATER, READ ON TO EXPLORE THE BENEFITS OF BECOMING A U.S. CITIZEN IN 2025.

For many Lawful Permanent Residents (LPRs), the journey to living in the United States has been long and significant. Holding a Green Card grants the right to live and work here permanently, but it is not the final step. Becoming a naturalized U.S. citizen unlocks a new level of rights, responsibilities, security, and belonging. As we move through 2025, taking that step towards U.S. citizenship offers important advantages. If you are eligible, here is why now is an excellent time to consider naturalization.

Security and Peace of Mind: Protection from Deportation

While a Green Card offers permanent residency, it can be revoked under certain circumstances, such as committing specific crimes or staying outside the U.S. for extended periods . U.S. citizenship provides more security. Citizens are not deportable and you can retire or travel outside the U.S. for as long as you wish, offering permanent peace of mind that your right to live in the U.S. cannot be taken away, except in rare cases like fraud in the application process.

2025 has undoubtedly seen a rapidly changing and increasingly hostile immigration climate so far. Some LPRs engaged in protests or political activism , or with old criminal charges or convictions , are being detained and placed in removal proceedings within the U.S. or when returning from trips abroad .

U.S. citizenship can provide the security to insulate you and your family from fears of these types of experiences, including future additional negative changes in immigration. This is an important consideration on whether to apply now, or wait and apply in the future.

Bringing Family Together: Expanded Sponsorship Options

While LPRs can sponsor spouses and unmarried children, U.S. citizens have broader eligibility to petition for more family members, including a fiance, parents, married children, and siblings. You heard that right: Permanent residents cannot sponsor their parents or their fiance(e)!

Often, the waiting times for these relatives are significantly shorter for U.S. citizens. Significant, there are no annual visa limits for immediate relatives of U.S. citizens: spouses, parents, and unmarried children under 21. This cuts down the wait process significantly. U.S. citizenship can be the key to reuniting your family in the United States , and much faster.

Explore the World: The Power of a U.S. Passport

U.S. citizens can travel visa-free to numerous countries. This includes Mexico, the Philippines, Argentina, Japan, Taiwan, South Korea, United Arab Emirates (UAE), Morocco, Jamaica, Fiji, Thailand, Ecuador, and Malawi, to name but a few . Unlike LPRs who must be mindful of time spent abroad to maintain their status, citizens can travel internationally for extended periods without jeopardizing their right to return home. Furthermore, U.S. citizens can receive assistance from U.S. embassies and consulates while overseas. Re-entry into the U.S. is also typically faster through citizen-only lines.

Your Voice, Your Vote: Full Civic Participation

Perhaps the most fundamental right reserved for citizens is the right to vote in federal, state, and local elections. Citizenship empowers you to participate fully in the democratic process, electing leaders and influencing policies that affect your community and the nation. Beyond voting, citizenship also allows you to run for most elected public offices and serve on a jury, fulfilling vital civic duties.

Benefits for the Next Generation: Citizenship for your Children

Children under 18 who are LPRs can acquire citizenship when their parent(s) naturalize . Furthermore, children born abroad to a U.S. citizen parent are typically also granted citizenship, securing their rights and opportunities from birth .

Unlock Opportunities: Jobs, Education & Finances

U.S. Citizenship opens doors to a wide range of opportunities:

Federal Jobs: Most positions within U.S. government agencies require citizenship.
Better Military Jobs: If you are a permanent resident serving in the U.S. military, U.S. citizenship is often a requirement for certain military clearances, especially those involving access to classified information or requiring high security sensitivity.
Financial Aid: Certain federal grants, scholarships, and specific government benefits are available only to citizens.
Financial Savings: You will no longer need to pay Green Card renewal fees (saving hundreds of dollars over time), and may benefit from certain tax advantages.

Taking the Leap This Year

The naturalization process involves meeting eligibility requirements (years of permanent residency, physical presence, and good moral character), submitting Form N-400, attending an interview, and passing English and civics tests. Although you can apply yourself, an immigration attorney can help determine your eligibility and reduce errors in the application process. If you do not meet one or more requirements, it may not be wise or safe to apply, so be sure to get your questions answered before applying.

While applying requires preparation, becoming a U.S. citizen is more than just a legal status change. It is a commitment to the United States and an embrace of the full rights and responsibilities that come with it. It offers unparalleled security, freedom, and opportunity for yourself and your family. If you have been considering naturalization, this may be the year that you explore taking this life-changing step.

Our friendly and affordable IMMIGRATION LAW OFFICE provides unparalleled guidance and N-400 application support for individuals ready to take that leap and apply for U.S. citizenship. Contact us today ( email | +1(619) 431-2407 ) to learn more about our comprehensive U.S. Citizenship Legal Services ! We provide dedicated in-person and remote legal services.

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any information mentioned does not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Should I Apply for US Citizenship Now, or Wait appeared first on Law Office of Jennifer Fabian-Verzosa .

Understanding Options After Your Fiancé(e) Petition is Denied

Sun, 27 Apr 2025 04:57:27 GMT

By: Jennifer Fabian-Verzosa, Esq.

RECEIVING A DENIAL ON YOUR FIANCE PETITION CAN BE VERY DISHEARTENING. THIS ARTICLE WILL SHED LIGHT ON GENERAL OPTIONS AFTER YOUR I-129F FIANCE PETITION IS DENIED SO THAT YOU AND YOUR LOVE CAN GET YOUR FUTURE BACK ON TRACK.

You have likely invested significant time, emotion, and money into planning a future with your fiancé(e) in the United States. While a denial of your fiancé petition is a serious setback, it does not always mean the end of the road. You may be wondering, ' Why was my fiance petition denied? ' Understanding why the petition was denied and knowing your options is crucial.

First: Was it a Denial or a Rejection?

It is important to distinguish between a rejection and a denial. If it was a Rejection , that means your petition was not filed correctly. You may be able to correct the error and just refile your petition. If it was indeed a Denial , then that means USCIS reviewed the substance of your petition and determined that either you (the petitioner) or your fiancé(e), or both of you, did not meet one or more eligibility requirements.

An immigration attorney can help you figure out why your petition was rejected or denied, and advise on how best to approach or resolve the issue (assuming it can be resolved).

Below are some common reasons for denials:

Failure to Prove a Bona Fide Relationship: USCIS may not have been convinced that your relationship is genuine, and not solely for immigration benefits. Did you provide sufficient evidence of your relationship (photos, communications, visits to each other)? Were there any inconsistencies in your information or documentation? Did you have a very short courtship? Is there a large age difference between you two?
Failure to Prove the In-Person Meeting Requirement: Did you show that you met your fiancé(e) in person within the two years before filing the petition? If you did not, then this may be the problem. There are limited exceptions to this, such as a waiver based on extreme hardship, or long-established, strict cultural customs.
Legally not Free to Marry: You and your fiancé(e) must show that you are legally able to marry. Was your divorce finalized, and did you provide a copy of your divorce decree?
Failure to comply with the International Marriage Broker Regulation Act (IMBRA), including disclosure of Certain Criminal History of Petitioner: IMBRA is a law that aims to protect fiancé(e)s and spouses filing for marriage-based green cards from future domestic abuse and sexual assault. Certain offenses in your past can make you ineligible to file a petition for your fiancé(e), or you may need a waiver to proceed. Consult with an immigration attorney if you think this might be the case.

Certain offenses in your past can make you ineligible to file a petition for your fiancé(e), or you may need a waiver to proceed.

Potential Options if Your Fiance(e) Petition is Denied:

How do I appeal my denied I-129F fiance petition?

1. File an Appeal (Form I-290B, Notice of Appeal or Motion): If you think USCIS made a legal or factual error, you can file an appeal. Appeals can be complex and should be heavily documented. It would be wise to consult with an immigration attorney to determine whether you might be eligible to file an appeal.

2. File a Motion to Reopen or Reconsider (Form I-290B): A Motion to Reopen is based on new facts or evidence. A Motion to Reconsider argues that the denial was based on an incorrect application of law or policy. Motions must be heavily supported with documentary evidence, and you should cite to the relevant law.

3. Refile your I-129F Petition: You may want to just restart the process by submitting a new fiancé(e) petition, with new filing fee. This is often a practical option if the reason for denial is something you can now fix. For example, if the denial was due to insufficient relationship evidence, you may now have more or stronger proof. Some drawbacks are that the processing time starts over, and you can still be denied again if you do not directly address and cure the prior reason(s) for the denial with your new petition.

4. Marry Abroad and File for a Spouse Immigrant Visa . Learn the steps here .

Crucial Steps After Denial:

Read the Denial Notice Carefully: Understand the specific legal and factual reasons USCIS provided for the denial. This is key to choosing the best path forward.
Gather Your Documents: Collect copies of everything you submitted, the denial notice, and any new evidence you might have.
Seek Legal Advice: Immigration law is complex. Consulting with an experienced immigration attorney is highly recommended . An attorney can analyze your denial notice, assess the strengths and weaknesses of your case, explain your options in detail, and help you strategize the most effective course of action – whether it is an appeal, a motion, refiling, or pursuing a spouse immigrant visa.

A denial is disappointing, but with careful consideration and professional legal guidance, you and your fiancé(e) may still be able to achieve your shared dream of building a life together in the United States.

Our IMMIGRATION LAW OFFICE is experienced in reuniting couples through the fiance(e) immigration process. We can help you identify and understand why your I-129F petition was denied, and help you and your fiance(e) craft a better path forward. We provide both in-person and remote immigration legal services to couples all over the world . Contact us today!

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*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Understanding Options After Your Fiance(e) Petition is Denied appeared first on Law Office of Jennifer Fabian-Verzosa .

Is the COVID Vaccine Still Required to Immigrate?

Sat, 26 Apr 2025 02:29:51 GMT

By: Jennifer Fabian-Verzosa, Esq.

IF YOU ARE GOING THROUGH THE U.S. IMMIGRATION PROCESS, YOU KNOW THE MEDICAL EXAM IS A CRUCIAL STEP. THIS ARTICLE WILL DISCUSS WHETHER YOU NEED TO SHOW PROOF OF COVID VACCINATION TO THE IMMIGRATION DOCTOR.

For several years, COVID vaccination was a requirement of the green card process, including a recent dose if you did not have one in the past 12 months.

So, what is the situation now in 2025? Do you still need that COVID shot or booster for your immigration medical?

The Short Answer: NO

That's right. As of early 2025, COVID vaccination is no longer required for applicants undergoing the immigration medical examination.

Earlier this year, U.S. Citizenship and Immigration Services (USCIS) announced that effective January 20, 2025, they would stop issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) solely based on a lack of COVID-19 vaccination documentation. USCIS confirmed that it would not deny adjustment of status applications based on failure to prove COVID-19 vaccination.

Following updates to public health guidance, the Centers for Disease Control and Prevention (CDC) updated its Technical Instructions for Civil Surgeons on March 11, 2025. This update officially removed COVID vaccination from the list of required immunizations for immigration purposes.

The Department of State also confirmed that Panel Physicians conducting medical exams for immigrant visa applicants outside the U.S. will no longer require the COVID vaccine. This means that U.S. embassies and consulates will not refuse immigrant visa applications for lack of COVID vaccination documentation.

What this Means for You:

You do not need to provide proof of COVID vaccination to the immigration doctor or clinic at your medical exam.
If you have an application pending that was filed before this change, you will not receive an RFE or denial just because you did not submit COVID-19 vaccine proof.

Other Vaccinations Are Still Required:

While the COVID vaccine requirement is gone, the immigration medical exam still requires you to be up-to-date on other vaccinations deemed necessary by the CDC for public health. These typically include vaccines against diseases such as:

Mumps, Measles, Rubella (MMR)
Polio
Tetanus and Diphtheria
Pertussis
Haemophilus influenzae type B (Hib)
Hepatitis A & B
Rotavirus
Meningococcal disease
Varicella (Chickenpox)
Pneumococcal disease
Influenza (during flu season)

The civil surgeon will review your vaccination history and determine which vaccines are required based on your age and medical records, following the CDC's current guidelines. As always, immigration policies can evolve. It would be wise to double-check the latest requirements on the official USCIS and CDC websites before your immigration medical exam.

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*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any information mentioned does not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post I s the COVID Vaccine Still Required to Immigrate appeared first on Law Office of Jennifer Fabian-Verzosa .

What to Expect at Your Adjustment of Status Interview

Fri, 25 Apr 2025 21:21:06 GMT

By: Jennifer Fabian-Verzosa, Esq.

THE GREEN CARD INTERVIEW IS A PIVOTAL STEP ON YOUR JOURNEY TO BECOME A LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. UNDERSTANDING THE PROCESS AND BEING WELL-PREPARED CAN HELP EASE YOUR ANXIETY AND CONTRIBUTE TO A SUCCESSFUL OUTCOME.

The primary goal of the green card interview, conducted by a U.S. Citizenship and Immigration Services (USCIS) officer, is to verify the information provided in your application, confirm your eligibility for permanent residency, and ensure that you meet all legal requirements. It is also an opportunity for the officer to clarify any inconsistencies or questions that may arise from your application and supporting documents.

Who Can Attend your Adjustment of Status Interview?

The green card applicant must attend the interview. If you are applying based on a family relationship, the petitioning relative (e.g., your U.S. citizen spouse, parent, or child) is often required to attend with you, especially for marriage-based applications. For employment-based green cards, typically only the applicant needs to be present. An attorney can accompany you to the interview. If needed, you may bring an interpreter (who is a neutral party and not your petitioner).

Where will the interview be?

Your interview will be at a local USCIS field office near where you physically reside.

What Should You Bring?

Being organized and bringing all necessary documents is important, so that a decision can be reached at the interview. If you are missing an important document, this could cause further delay to your case or result in a denial. Your appointment notice will detail most of the required documents, so read it carefully.

Generally, you should bring:

Your interview appointment notice.
Government-issued photo identification (passport, driver’s license, etc.).
Originals of all supporting documents you submitted with your application (birth certificates, marriage certificates, divorce decrees, etc.).
Any updated documents or information since you filed your application (e.g., new address, new job, new child).
For marriage-based applications, evidence of your bona fide marriage (joint bank statements, utility bills, photos together, etc.).

What will happen at my Adjustment of Status interview?

Adjustment of Status Interview process:

The interview process typically involves:

Check-in and Security: Arrive early to allow time for security screening and check-in.
Being Called: You will be called by name by a USCIS officer.
Oath: You will be asked to take an oath, swearing to tell the truth.
Verification of Identity and Application Review: The officer will verify your identity and go through your application forms. The officer will ask you about the information you provided to confirm its accuracy.
Questions About Your Eligibility: The questions will focus on your specific case and the basis for your green card application. For family-based applications, especially marriage-based: Expect detailed questions about your relationship, how you met, your daily lives together, shared responsibilities, significant dates, and future plans. The goal is to determine if your marriage is genuine. You and your spouse may be interviewed together or separately. For employment-based applications: Questions will likely revolve around your job offer, your qualifications, the petitioning employer, and your role at the company.
General Questions: You may also be asked about your immigration history, travel in and out of the U.S., education, employment history, and any potential grounds of inadmissibility. Be prepared to answer questions about your background, including any interactions with law enforcement or immigration authorities.
Review of Documents: The officer may ask to see original supporting documents.
Opportunity to Provide Additional Information: You will have a chance to provide any updates or additional information relevant to your case.

Tips for a Successful Adjustment of Status Interview:

Review Your Application: Familiarize yourself with every detail of your submitted application and supporting documents.
Be Truthful and Consistent: Answer all questions honestly and consistently with your application.
Understand the Questions: Listen carefully to each question before answering. If you do not understand a question, politely ask for clarification.
Be Clear and Concise: Provide direct and brief answers to the questions asked. Avoid volunteering unnecessary information.
Stay Calm and Polite: Remain calm, respectful, and polite throughout the interview.
Dress Appropriately: While there is no strict dress code, dressing in business casual attire is recommended.
Practice: Practice answering potential questions with a friend or family member, especially for marriage-based interviews.

What Happens After my Adjustment of Status Interview?

At the end of the interview, the officer will typically inform you of the next steps. They may:

Approve your application on the spot.
Indicate that your case requires further review.
Issue a Request for Evidence (RFE) if they need additional documentation.
Issue a Notice of Intent to Deny (NOID) if they believe you are ineligible, providing you with an opportunity to respond.
Deny your application.

If your application is approved, you will typically receive your green card in the mail within a few weeks.

Could ICE arrest me at my Adjustment of Status Interview?

There is a possibility and risk of being detained by ICE (U.S. Immigration and Customs Enforcement) at your interview, particularly if you do not meet the eligibility requirements and if ICE thinks you are inadmissible. Although this does not happen as frequently as you might think at an interview, if you are worried, it is important to review your eligibility with an immigration attorney so that you can understand any potential risks or problems with your application before you apply, and before you attend your interview.

The green card interview is the final step in your immigration process. Under the current administration, it is less likely to be waived so you are more likely to receive an adjustment of status interview. By understanding what to expect and preparing thoroughly, you can increase the likelihood of a positive outcome.

NATIONWIDE FAMILY IMMIGRATION LEGAL SERVICES:

Our EXPERIENCED IMMIGRATION LAW OFFICE has guided many applicants successfully through the adjustment of status process. From day one, we provide client-centered representation to help our clients feel well-supported throughout the entire process. It starts with building a thorough and properly supported application! Contact us today for dedicated immigration help for your case: contact@law-jf.com or +1(619) 431-2407 . We offer in-person and remote legal services, wherever you are in the United States. You can also learn more about our legal services here .

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*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post What to Expect at your Adjustment of Status Interview appeared first on Law Office of Jennifer Fabian-Verzosa .

K-1 Fiance Visa Trends and Observations from 2024

Fri, 03 Jan 2025 05:30:01 GMT

By: Jennifer Fabian-Verzosa, Esq.

AS AN IMMIGRATION LAWYER, I SPEND A LOT OF TIME ASSISTING ENGAGED COUPLES PURSUING FIANCE(E) VISAS FOR THEIR LOVED ONES SITUATED ALL OVER THE WORLD. This is one of my favorite areas of work as an immigration attorney, as it really is wonderful getting to know couples and helping them achieve their dream of a life together in the U.S.!

In this post, I will reflect on K-1 visa trends and my observations from the past year (2024).

Varying I-129F Petition Processing Times

USCIS processed I-129F Petitions at radically different timelines this past year -- anywhere between 2 months to a little over a year.

Fairness in Reviewing Relationship Evidence

Ideally, I like to heavily document my fiancé(e) cases with proof of the couple’s dating and relationship. However, sometimes there was just not as much evidence available, so we had to provide what we could. I felt USCIS was still fair in adjudicating the fiance(e) petition, and able to see through to the couple’s genuine relationship as I truly did.

Inconsistent Interview Scheduling

Consulates were inconsistent with regards to who schedules the consular interview—the applicant, or the National Visa Center and U.S. embassy/consulate. It used to be that the applicant could usually pick and choose the interview date based on available dates online. However, some embassies that used to do this suddenly start sending emails to the applicant with a specified interview date (similar to the spouse immigration process). Other embassies would send an interview date if you just emailed them inquiring about it. As expected, however, whenever these types of changes occurred, they usually were not publicly posted.

Significant Changes to the Online Appointment System

The online appointment systems of some U.S. embassies underwent significant transformations in 2024, and they have the potential to be subject to further updates in the future. These updates greatly slowed down the functionality of the websites for some time, making it difficult for many K-1 visa applicants to schedule their appointments. One such website transformation I observed was with the US Travel Docs website of the US Embassy Manila (Philippines) back in August/September.

Embassies Continued to be Unique in their Processing of K-1 visa Cases

This was not any different from prior years, to be honest. As with any case subject to consular processing, there was continued variation in the way each U.S. embassy processed K-1 visa paperwork. :

Some embassies preferred documents emailed to them beforehand, while some just wanted documents brought to the interview.
Some embassies required additional documents that other embassies simply did not care for.
Some embassies had ever-changing medical exam policies and procedures.
Some embassies could not process K-1 visas at all, and so those cases had to be transferred to another available embassy (and the transfer was not always automatic unfortunately, but required some proactive advocacy!).

In this ever-changing K-1 fiance(e) visa climate, and with more changes expected in the coming years, it may be wise to have an immigration attorney on your side to guide you through the developments, and advise you on any new or updated procedures and trends at the specific U.S. embassy where your fiancé(e) will be interviewing. It may help make the immigration process for you and your fiancé(e) more manageable and less stressful. Immigration attorneys are constantly keeping track of new and updated procedures and changes at embassies worldwide. It is their job!

Our EXPERIENCED IMMIGRATION LAW OFFICE would love to assist you and your fiance(e) at this thrilling moment in your lives. Contact us today ( email | +1(619) 431-2407 ) to learn more about our comprehensive Fiance(e) Immigration Legal Services ! We provide dedicated in-person and remote legal services.

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any information mentioned does not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post K-1 Fiance Visa Trends and Observations from 2024 appeared first on Law Office of Jennifer Fabian-Verzosa .

How Can My Spouse Immigrate to the U.S.?

Thu, 02 Jan 2025 06:06:11 GMT

By: Jennifer Fabian-Verzosa, Esq.

IF YOU ARE CONSIDERING FILING A SPOUSE PETITION FOR YOUR WIFE OR HUSBAND OUTSIDE OF THE UNITED STATES, READ THIS USEFUL GUIDE TO LEARN MORE ABOUT WHAT THE SPOUSE IMMIGRATION PROCESS ENTAILS.

Whether you are a newlywed or have been married for a while, filing a petition for your spouse is an exciting and intensive process that involves multiple steps and careful planning to ensure a smooth and successful outcome.

The first step in the process is to file Form I-130, Petition for Alien Relative , with U.S. Citizenship and Immigration Services (USCIS). You must be a U.S. citizen or lawful permanent resident to file this petition. You must include certain documents with your petition, such as proof of your U.S. citizenship or permanent resident status, a valid marriage certificate, and proof of your bona fide (or true) marriage. These can include evidence such as photos and joint bank accounts. The filing fee for this petition is currently $675 (filed by mail) or $625 (filed online). There are benefits and drawbacks to both processes. USCIS prefers the online filing process, and it is truly convenient. However, the online process can experience (and definitely has experienced) several technical issues since its inception, as most online platforms do.

There are benefits and drawbacks to both processes. USCIS prefers the online filing process, and it is truly convenient. However, the online process can experience (and definitely has experienced) several technical issues since its inception, as most online platforms do.

Once your petition is approved, USCIS will notify you by letter. USCIS will forward your case to the National Visa Center (NVC), which is like an organizational processing hub for your case.

This is the start of consular processing, and at this point you will have to pay immigrant visa application filing fees, and your spouse will need to complete the online immigrant visa application (Form DS-260).

If you are a U.S. citizen, your case will proceed immediately to this stage. There is no waiting for a visa to become available, and this is a significant advantage in the spouse immigration process. The overall processing timeline for your case is greatly reduced.

If you are a lawful permanent resident, before you can proceed to the consular processing stage, you will need to wait for your spouse’s priority date to become current, or in other words, for a visa to become available in your spouse’s immigration category. Visa availability depends on your spouse’s country of citizenship. You will have to check the U.S. Department of State Visa Bulletin for this information. Sometimes you will be permitted to submit your documents to NVC a little earlier, even if your priority date has not yet been reached, if your priority date has reached the designated ‘Dates for Filing’ date according to the visa bulletin.

Some people experience issues completing the online Form DS-260, due to technical difficulties and/or confusion about some of the questions on the form. The form is long due to the many questions, and takes a while to complete. Many people have to return at different times and days to complete the form entirely due to internet and technical issues that can occur. At this stage, having an experienced immigration attorney assist you with completing this process can be particularly beneficial and save you further headache. An attorney can assist you with understanding the questions, and a good immigration attorney can even draft the entire online form for you, and all you have to do is review and e-sign it afterwards!

After completing the DS-260 form, you will also need to submit civil and financial documents to NVC. I see a lot of people get their cases ‘stuck’ at this essential NVC document submission stage, because they struggle with providing the proper civil and financial documents to NVC.

If you submit an incorrect document, it will be rejected, which will add additional time to the overall process. If you submit insufficient documents, NVC will request more documents from you. This is especially significant if you are counting down the days to when you and your spouse can finally be together. If you are at this stage and need help, it is a good idea to seek the assistance of an immigration attorney to ensure that the correct documents and evidence are submitted to NVC. A good immigration attorney will be able to provide you with a checklist of documents for your case at this stage.

If NVC accepts your case documents, NVC will notify you and your case will be considered "documentarily qualified". If your priority date is already current, NVC will then work with the appropriate U.S. embassy or consulate in your spouse’s country of residence to schedule an interview. Sometimes it can take mere months, and sometimes it can take up to a few years to receive an interview date. It depends on the number of people ahead of you waiting for an interview. Fortunately, spouse cases are prioritized over other extended family member cases, but it can still take years to receive an interview at some heavily-backlogged consulates.

Once an interview is scheduled for your spouse’s case, your spouse will need to take the immigrant medical examination, provide fingerprints for an FBI background check, and finally attend the visa interview at the designated U.S. embassy or consulate.

At the interview, your spouse will need to present the required civil and financial documents, and be prepared to answer questions about your relationship, and your spouse’s family history and individual eligibility to immigrate.

If your spouse is approved, she or he will be issued a spouse immigrant visa which can then be used to apply for admission to the U.S. at a U.S. airport or land border. Once admitted to the U.S. by U.S. Customs and Border Protection (CBP), your spouse will now be considered a lawful permanent resident!

Our EXPERIENCED IMMIGRATION LAW OFFICE has helped many couples navigate the consular process and find their happily ever after in the United States. We would love to help you and your loved one reunite through the spouse immigration process. Contact us today for dedicated immigration help for your case: contact@law-jf.com or +1(619) 431-2407 . We offer either in-person or remote legal services. You can also learn more about our legal services here .

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*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post How Can My Spouse Immigrate to the U.S. appeared first on Law Office of Jennifer Fabian-Verzosa .

What is a Visa Navigator?

Wed, 01 Jan 2025 23:09:17 GMT

By: Jennifer Fabian-Verzosa, Esq.

If you have recently tried to contact a U.S. Embassy about your pending immigrant visa or nonimmigrant visa case, you may have encountered the Visa Navigator. You may have tried to email an embassy, and then been redirected to the Visa Navigator. Whether you love or hate it, it is important to be familiar with the Visa Navigator as it is a tool that most U.S. embassies and consulates nowadays utilize and may require you to use first when contacting them about your case.

For example, the U.S. Consulate Ciudad Juarez (Mexico) has an Immigrant Visa Navigator .

The Visa Navigator employed by the consular posts is intended to be a streamlined method of interacting with a consulate, and obtaining general information and case assistance . It was designed to address the high volume of emails and queries regularly received by consular posts. A Visa Navigator functions similar to that of a website chat box that may eventually get you to the department you are looking for, if you go through the prompts and answer the case-specific questions. Sometimes at the end of the process, you will be provided with a specific email to send specified information or additional case documents. Other times, you will just be provided with general information at the end if your query involved a frequent question or concern applicable to most visa applicants.

If your case involves a nonimmigrant visa, such as a tourist visa, you will use the Nonimmigrant Visa Navigator. If your case involves an immigrant visa (permanent immigration), such as a spouse immigrant visa, child immigrant visa, including a K-1 fiance(e) visa, you will use the embassy's Immigrant Visa Navigator.

Not all U.S. embassies and consulates currently use a Visa Navigator, or use it exclusively. There are some consulates that can still be emailed directly, or contacted through their online form. However, most embassies currently employ a Visa Navigator, and you can expect the use of such platform to continue to rise in the future. If an embassy does use a Visa Navigator, it will be controlled by the embassy, and the content provided will be unique to such embassy. It can be a good source of general information, especially when you are getting anxious about your case and want to know whether and when you can contact the U.S. embassy to inquire about your case status.

Even if your query is time-sensitive, the Visa Navigator can still be a good starting place. However, if you are not satisfied by the information provided at the end, or if after going through the prompts you are not provided with a specific email/link to send your rush query, then you should immediately reach out to the embassy via one of the other alternate methods: by phone, email, or their online form. Keep in mind that it may still take anywhere between a few business days to weeks for an embassy to respond, as they get plenty of inquiries worldwide and they respond in the order received.

The Visa Navigator can be a useful tool for you to obtain information and assistance with regards to your nonimmigrant or immigrant visa case, even if it is not live assistance. The U.S. Department of State is increasingly utilizing remote technologies to facilitate communications with applicants worldwide, and address the high volume of queries involving a variety of concerns, including those by aggrieved applicants experiencing delays in the processing of their overseas cases. It is expected that processing times overseas will worsen with the incoming presidential administration. In this climate, the Visa Navigator is a platform that you can anticipate will be increasingly used and is here to stay, at least for quite some time. If you need help with your case, it is important to utilize and familiarize yourself with all available tools and methods of communication with a consulate, even if they are remote tools. Remote technologies such as the Visa Navigator can be the first step in directing you to the help you need for your case.

If your case is experiencing a lengthy delay, or if you need further assistance communicating with a consulate overseas, contact an immigration attorney for advice and assistance.

Our FRIENDLY IMMIGRATION LAW OFFICE has years of experience communicating with embassies and consulate overseas, and would be happy to assist you. We also provide REMOTE LEGAL SERVICES , and can assist you and your loved ones wherever you are in the world . Email or Call us today for help: (619) 431-2407 .

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post What is a Visa Navigator appeared first on Law Office of Jennifer Fabian-Verzosa .

Things to Do After You Obtain Your Green Card

Fri, 05 Jul 2024 03:44:46 GMT

By: Jennifer Fabian-Verzosa, Esq.

HAVE YOU EVER WONDERED WHAT TO DO AFTER YOU GET YOUR GREEN CARD? THIS ARTICLE EXPLORES SOME STEPS YOU CAN TAKE AFTER APPROVAL.

Once you have your green card, here are some steps you can now do:

Social Security Card

If you have not already, you should apply for a Social Security card. If you were already issued one, you can update your status with the Social Security Administration (SSA) to remove the conditional language on the front of your card.

Obtain a state-issued driver's license or identification card

Apply for or update your state ID. This primary form of identification is useful for so many purposes.

Find a Job

As a lawful permanent resident of legal working age, you now have the right to work for any U.S. employer, in any field of your choosing.

File an Immigrant Petition for your Family Members

As a lawful permanent resident, you may now file an immigrant petition for your spouse and unmarried children to join you in the United States. It may take several months (or years) for a visa to become available and to complete the immigration process, but you may be able to get the long process started now. Consult with an immigration attorney to determine whether you meet the other eligibility requirements.

Register with Selective Service (if required)

All male lawful permanent residents between the ages of 18 and 25 must register with Selective Service.

Open a bank account and start building your credit history

Now that you have a social security number, it should be easier for you to open a U.S. bank account. You can also build your credit history by opening a credit card and using it responsibly. Working on your financial history early on can help you qualify for things you would like to obtain in the future, such as purchasing a vehicle or home, or opening up a business.

Explore and read about upcoming opportunities for U.S. Citizenship

After meeting eligibility requirements, you can apply for naturalization to become a U.S. citizen. This process typically takes several years, depending on your circumstances.

Learn about your rights and responsibilities

As a lawful permanent resident of the United States, you have certain rights and responsibilities. Familiarize yourself with these to ensure you are following the law.

Most importantly, enjoy the benefits and privileges of living in the U.S.

As a lawful permanent resident, you can now travel freely within the U.S., travel outside the U.S. with a passport, and enjoy many of the same benefits as citizens do.

Our FRIENDLY IMMIGRATION LAW OFFICE exclusively practices family-based immigration law, and would be happy to assist you in applying for U.S. Citizenship , or filing a petition for your family members . We also provide REMOTE LEGAL SERVICES , and can assist you and your loved ones wherever you are in the world . Email or Call us today for a quote for your case: (619) 431-2407 .

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*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Things to Do After You Obtain Your Green Card appeared first on Law Office of Jennifer Fabian-Verzosa .

Steps in Marriage-Based Adjustment of Status

Sun, 30 Jun 2024 03:55:39 GMT

By: Jennifer Fabian-Verzosa, Esq.

IF YOU ARE CONSIDERING APPLYING FOR ADJUSTMENT OF STATUS BASED ON MARRIAGE TO A U.S. CITIZEN OR LAWFUL PERMANENT RESIDENT, READ THIS ARTICLE FOR AN OVERVIEW OF THE BASIC STEPS.

The adjustment of status process allows foreign nationals in the United States to apply for lawful permanent residency (a “green card”) without leaving the country. This is typically used by individuals who entered on a temporary visa, such as a tourist visa, fiance(e) visa, or student or work visa, who wish to become permanent residents. There are different avenues to qualify for adjustment of status. When eligibility is based on the foreign national’s marriage to a U.S. citizen or lawful permanent resident spouse, it is generally called “marriage-based adjustment of status”.

Below are the general steps for Marriage-Based Adjustment of Status:

1. You must first be Eligible: There are very specific requirements in order to be eligible for adjustment of status based on marriage. Before doing anything, it is a good idea to consult with an immigration attorney to help you determine whether you meet the requirements now or in the future. Some of the general requirements include having a petition filed by your spouse, being lawfully admitted to the United States, having a visa currently available for your immigration category, not being subject to any bars to your application, and being admissible to the U.S. This is not an exhaustive list, and there are also some exceptions.

Being married to a lawful permanent resident versus a U.S. citizen also makes a difference in your application and eligibility. Applicants married to a U.S. Citizen have a visa immediately available to them, but those married to a lawful permanent resident do not, and this certainly affects the eligibility timing for adjustment of status.

Missing even one necessary requirement can result in your application being denied, along with other negative impacts on your immigration status. An immigration attorney can assist you in determining whether you are eligible for marriage-based adjustment of status.

2. Application filing & Medical Exam: Form I-485, Application to Register Permanent Residence or Adjust Status (available here ) is the official adjustment of status application. If you do not already have an underlying spouse or fiance(e) petition, this petition must be filed as well: Form I-130 Petition (available here ). Supporting documents will vary based on your eligibility category, but all marriage-based applications must include proof of your bona fide ("real") marriage.

You will also need to have a medical exam performed by an immigration doctor, and obtain any necessary vaccinations.

3. Biometrics collection: After filing, you will receive an appointment to provide fingerprints, photos, and a signature for background checks.

4. Interview: An interview with a USCIS (United States Citizenship and Immigration Services) officer may be required to verify your application and eligibility. USCIS has frequently been waiving this interview for strong marriage-based adjustment of status cases. Strong cases are those that, in addition to meeting the eligibility requirements, provide plenty of evidence supporting a bona fide (“real”) marriage.

5. Decision and green card issuance: When USCIS makes a decision on your application, it will notify you by mail and on your Online USCIS Account. If approved, you will receive your green card (Form I-551) in the mail. Congratulations! You are now a lawful permanent resident of the United States!

Missing even one necessary requirement can result in your application being denied, along with other negative impacts on your immigration status.

An immigration attorney can help determine your eligibility for marriage-based adjustment of status, so that you can avoid making costly financial mistakes, including mistakes in eligibility that can negatively affect your immigration status. Legal assistance throughout the application process can also help make applying for adjustment of status feel a lot more manageable and less stressful.

Our IMMIGRATION LAW OFFICE is experienced with helping couples navigate the adjustment of status process. Our client-centered law office will be here for you every step of the way, from filing to interview preparation. We provide both in-person and remote immigration legal services to couples all over the United States . Contact us today!

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Steps in Marriage-Based Adjustment of Status appeared first on Law Office of Jennifer Fabian-Verzosa .

Dual Citizenship Benefits and Disadvantages

Sun, 30 Jun 2024 01:28:40 GMT

By: Jennifer Fabian-Verzosa, Esq.

IS DUAL CITIZENSHIP EVER A GOOD IDEA? THIS ARTICLE EXPLORES THE PROS AND CONS TO MAINTAINING CITIZENSHIP IN MULTIPLE COUNTRIES.

Dual citizenship can offer a number of advantages, but it can also come with some potential drawbacks.

What is Dual Citizenship?

Dual citizenship (or “dual nationality”) is a legal status of being a citizen of multiple countries at the same time. Not all countries allow Dual Citizenship.

You may also be interested in:
Do I Lose My Original Citizenship When I Become a U.S. Citizen?
Should I Apply for U.S. Citizenship Now, or Wait?

Why would someone want to be a citizen of multiple countries?

There are both sentimental and practical reasons why someone would want to maintain their birth citizenship , even when they become a citizen of the United States. The United

States is a melting pot of immigrants who love the United States, but whose cultural and ethnic identities are inextricably tied to their birth countries. Immigrants carry the memories and experiences of their native countries wherever they go. This lifelong affection with their homeland is one that every immigrant understands, including those who are very proud U.S. citizens.

There are also pragmatic reasons why someone would want (or need) to be a citizen of multiple countries, including reasons related to property ownership, inheritance, employment, and taxation.

What are some of the Benefits of Dual Citizenship?

Easier Property Ownership: Dual citizenship enables you to own or retain property in another country. This can prove beneficial, since many countries restrict land ownership to citizens only. As a citizen of two countries, you may also be able to more easily purchase or maintain property in both countries.
Increased Global Mobility: Dual citizenship allows you to travel more freely and live in two or more countries without needing visas . This can be beneficial for those who want to live, work, or retire abroad.
Business Opportunities: Dual citizenship can open doors to new business opportunities in your other country of citizenship. You may be able to start a business, invest in property, or take advantage of trade agreements.
Security and Stability: Having a second citizenship can provide a safety net in times of political or economic instability in your home country.
Cultural Ties and Citizenship for Children: Dual citizenship can help you maintain strong cultural ties to your ancestral country. You may be able to pass on your citizenship to your children, which can help them connect with their heritage and enjoy the benefits of both countries.
Education and Healthcare: Some countries offer high-quality education and healthcare systems to their citizens. With dual citizenship, you may be able to access these benefits in your other country of citizenship.

Are there any Disadvantages to Dual Citizenship?

Double Taxation: You may be subject to double taxation, meaning you could be taxed on your income in both countries of citizenship. This can be a significant financial burden.
Military Service: You may be required to fulfill military service obligations in both countries of citizenship. This can be a major challenge, especially if the two countries have a strained relationship.
Travel Restrictions: Some countries may restrict travel or deny entry to citizens who also hold citizenship in a particular country. This could be due to political tensions or security concerns.
Paperwork Complexities: Complying with the laws and regulations of two countries can be complex and time-consuming. This can include filing tax returns, registering for social security, and obtaining passports.

There are potential benefits and disadvantages to dual citizenship that are important to weigh and consider. Fortunately, the United States permits dual citizenship ( Read article here ).

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*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any information mentioned does not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Dual Citizenship Benefits and Disadvantages appeared first on Law Office of Jennifer Fabian-Verzosa .

Do I Lose My Original Citizenship When I Become a U.S. Citizen?

jennifer@law-jf.com (Jennifer Fabian-Verzosa) — Sun, 30 Jun 2024 00:05:48 GMT

By: Jennifer Fabian-Verzosa, Esq.

THIS ARTICLE EXPLORES WHETHER APPLICANTS FOR U.S. CITIZENSHIP CAN BE A DUAL CITIZEN OF THE UNITED STATES AND ANOTHER COUNTRY.

You filed your N-400 Application for Naturalization, and are excited about becoming a United States Citizen soon. You now wonder, ‘Will I automatically lose my original citizenship when I become a U.S. Citizen?’

The answer is, it depends on your country.

What is Dual Citizenship?

Dual citizenship (or “dual nationality”) is a legal status of being a citizen of multiple countries at the same time.

Not all countries allow dual citizenship. For some countries, when you naturalize or become a citizen of another country (such as the United States), you immediatel y lose your former citizenship.

For other countries, losing your birth citizenship is not automatic. Some countries permit you to retain and confirm your birth citizenship by taking an oath during a certain time period after you become a citizen of another country. Re-confirming your citizenship with your former country will enable you to be a dual citizen of that country, and also the United States. However, not all countries have this type of process available.

Does the United States allow Dual Citizenship?

Fortunately, the United States permits dual citizenship. There is no specific U.S. law that prohibits dual citizenship. That means you only need to find out if your birth country allows you to retain your citizenship when you naturalize. The U.S. has no problems with dual nationality.

Where can I obtain more information?

It is a good idea to research the dual citizenship laws of your country, to see if becoming a U.S. citizen could result in you losing your original citizenship. One place to start is to contact your country’s embassy. Most countries have a few embassies all over the United States to help its citizens living in the U.S. with any questions or issues they might have. For example, if you are a Filipino citizen, you can contact the Philippine Consulate General in Los Angeles, CA.

Below is a summary of some countries’ current views on Dual Citizenship.

It is important to consult with your country’s consulate to determine whether becoming a U.S. Citizen would result in you losing your birth citizenship. Even for those countries that permit dual citizenship, it is still a good idea to consult with your country’s consulate to find out if you must take any action to re-confirm your birth citizenship after becoming a U.S. Citizen. Some countries require you to do this within a critical time period after naturalizing.

PHILIPPINES

Can I be a dual citizen of the Philippines and the U.S.?

The Philippines allows dual citizenship for natural-born Filipinos who acquired foreign citizenship through naturalization. This is covered by Republic Act No. 9225, also known as the Citizenship Retention and Reacquisition Act of 2003. Contact a Philippines Consulate to confirm the process.

MEXICO

Can I be a dual citizen of Mexico and the U.S.?

Mexico allows dual citizenship. This has been permitted since 1998 under the Mexican Nationality Law.

JAPAN

Can I be a dual citizen of Japan and the U.S.?

Japan generally does not allow dual citizenship. Japan follows a system known as jus sanguinis (right of blood), which means that Japanese nationality is primarily determined by parentage. If you acquire another country’s citizenship through naturalization, you will typically lose your Japanese citizenship automatically. There are some limited exceptions, such as for children born abroad. Contact your nearest Japanese embassy or a Japanese lawyer to discuss your specific situation and explore any options you might have.

UNITED KINGDOM

Can I be a dual citizen of the U.K. and the U.S.?

The UK permits dual citizenship. While it does not have a specific law that explicitly allows dual citizenship, there is also no law prohibiting it. This means that the UK recognizes the right of its citizens to hold citizenship in other countries.

SOUTH KOREA (REPUBLIC OF KOREA)

Can I be a dual citizen of South Korea and the U.S.?

South Korea allows dual citizenship, in certain circumstances. There is no single law in South Korea that explicitly allows dual citizenship. However, South Korea's Nationality Act lays out the framework for acquiring and retaining Korean citizenship. This act, combined with interpretations by the Ministry of Justice, may allow for dual citizenship in certain situations, such as to children born abroad. Contact your nearest Korean embassy or a Korean lawyer to discuss your specific situation and explore any options you might have.

GERMANY

Can I be a dual citizen of Germany and the U.S.?

On June 27, 2024, Germany changed its laws regarding dual citizenship. Germany now allows dual citizenship, as long as the other country also permits it. The new law is called the Act on the Modernization of the Citizenship Law (StARModG).

JAMAICA

Can I be a dual citizen of Jamaica and the U.S.?

Jamaica allows dual citizenship. There is not a specific Jamaican law that explicitly allows it, but the Jamaican government’s Passport, Immigration and Citizenship Agency (PIC Agency) states that Jamaica accepts dual nationals. Contact a Jamaican Consulate or the PIC Agency to confirm.

ITALY

Can I be a dual citizen of Italy and the U.S.?

Italy allows dual citizenship, as long as the other country also permits it. The relevant law is Italian law 91 of 1992.

Becoming a U.S. Citizen is a memorable and exciting process. Having an immigration attorney on your side every step of the way can make the application experience feel more manageable and less stressful. Our professional IMMIGRATION LAW OFFICE is experienced in guiding applicants through the naturalization process. We will help determine your eligibility for U.S. Citizenship, prepare and monitor your application, and help you practice your interview. Email or Call us today : (619) 431-2407 | 1-888-623-5444 (Toll-Free Nationwide)

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any information mentioned does not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post ' Do I Lose My Original Citizenship When I Become a U.S. Citizen ?' appeared first on Law Office of Jennifer Fabian-Verzosa .

Gender in Immigration Forms

Wed, 26 Jun 2024 02:48:52 GMT

By: Jennifer Fabian-Verzosa, Esq.

APPLICANTS MAY NOW SELF-SELECT A GENDER MARKER ON AN IMMIGRATION APPLICATION, EVEN IF IT DOES NOT MATCH THE PASSPORT OR BIRTH CERTIFICATE.

As of March 31, 2023, USCIS removed the requirement that an individual submitting an immigration application provide proof of their gender identity (Read the policy alert here ). Prior to this change, if identification documents such as a passport and/or birth certificate did not match the applicant’s current gender identity, the applicant would need to provide proof of the differing gender identity, such as a gender certification letter issued by a licensed healthcare professional. If the applicant did not supply this proof, the current gender identity would not be reflected in any newly issued immigration documents, such as a lawful permanent resident card (“green card”). This old requirement was a barrier to many applicants applying for immigration benefits, especially transgender applicants. Removing the requirement that an applicant provide documentary proof of their gender identity was intended to increase inclusivity and reduce burdens to recognizing the gender identities of applicants.

USCIS requires accurate gender identification to ensure that legal and immigration documents are consistent and reflect the individual's identity correctly. However, the prior requirement of a gender certification letter issued by a licensed medical professional proved in practice to be more of an inefficient and discriminatory burden to applicants rather than a practical solution to verify gender identity. The gender certification letter (or gender designation letter) had to be issued by a licensed healthcare professional, such as a physician, counselor, psychologist, nurse practitioner, social worker, physician assistant, or therapist. Although proof of gender change surgery or medical treatment was not required, I observed even in my own practice that it took additional time for my clients to obtain this certification. This caused some delay to filing the immigration application. It was very important to my transgender clients that their immigration documents correctly match their gender identity moving forward.

Since USCIS has done away with that requirement, Applicants can now select their gender marker when submitting an immigration application, without the need for any additional supporting documentation. The gender marker self-selected on an immigration form no longer needs to match the gender marker on supporting documents, such as a passport or birth certificate.

More recently, USCIS has taken this one step further, by adding a third gender marker on the N-400 Application for Naturalization form (Read the policy alert here ). The 04/01/2024 edition of the Form N-400 now also includes an option to select the checkbox for “Another Gender Identity”, in addition to the usual “Male” and “Female” options.

In conclusion, all of these welcome changes can help to break down unnecessary barriers in the immigration application process, to pave the road for a more inclusive experience for applicants.

Our IMMIGRATION LAW OFFICE is here to help you navigate and understand these updates to the immigration process, through a personalized and dedicated legal representation experience. Wherever you are in the world, we can help. Our law office is capable of 100% remote immigration legal services , including easy Zoom and phone meetings. Email or Call us today : (619) 431-2407 | 1-888-623-5444 (Toll-Free Nationwide)

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any information mentioned does not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Gender in Immigration Forms appeared first on Law Office of Jennifer Fabian-Verzosa .

Proxy Marriages for the Military

Tue, 25 Jun 2024 21:51:52 GMT

By: Jennifer Fabian-Verzosa, Esq.

BEING in the military CAN POSE A UNIQUE CHALLENGE FOR COUPLES WHO WOULD LIKE TO MARRY, BUT CANNOT HAVE A CEREMONY IN-PERSON DUE TO DEPLOYMENT.

Sometimes an active duty military member falls in love with a foreign national in the country where they are stationed. Then the deployment ends or the military member gets deployed somewhere else. Now the couple is ready to marry, but meeting again in-person for the ceremony is now much more expensive or difficult due to time constraints, military commitments, or other country marriage requirements. The couple must now look for other options to marry and be together.

Proxy Marriage

A proxy marriage is a potential solution for couples in this situation. A proxy marriage is when one or more persons are not physically present during the marriage ceremony. If both persons are not present, it is called a double proxy marriage . One or more persons will ‘stand in’ for the missing person(s) during the ceremony. Military couples are often interested in the convenience of a double proxy marriage, which is currently only legally performed in the state of Montana. There are other states that may allow for a proxy marriage, with certain requirements. However, only Montana allows for double proxy marriages.

However, a proxy marriage is but ONE STEP in the U.S. immigration process for a spouse. U.S. immigration law requires a legally valid marriage, but has special requirements for a proxy marriage. For a proxy marriage to be recognized for immigration purposes, United States Citizenship and Immigration Services (USCIS) requires that the couple physically meet in-person after the proxy marriage. While this requirement seems to defeat the convenience and purpose of a proxy marriage, it is meant to promote the legal validity of a marriage beyond the marital contract of a proxy marriage. To USCIS, seeing each other in-person is proof of the couple’s genuine marital commitment to each other, supporting that they have a true relationship. For any spousal immigration application, USCIS is always interested in proof that the relationship is genuine and real . Proxy marriages are no different in that regard, and couples must be prepared to provide proof to USCIS of meeting this in-person meeting requirement after the proxy marriage, in addition to supplying other traditional evidence that the they have a real relationship and marriage.

Our IMMIGRATION LAW OFFICE is experienced in advising military couples situated anywhere in the world with how to effectively meet the immigration requirements after a proxy marriage. We provide dedicated immigration assistance to military members both in the United States and stationed all over the world! Our law office is capable of 100% remote immigration legal services , including easy Zoom and phone meetings. Email or Call us today : (619) 431-2407 | 1-888-623-5444 (Toll-Free Nationwide)

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any information mentioned does not guarantee or predict outcomes in future cases. Some of this information may be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Proxy Marriages for Military appeared first on Law Office of Jennifer Fabian-Verzosa .

What to Expect at Your Immigration Medical Exam Overseas

Sun, 16 Jan 2022 22:21:27 GMT

By: Jennifer Fabian-Verzosa, Esq.

IF YOU ARE WONDERING WHAT WILL HAPPEN AT YOUR IMMIGRATION MEDICAL EXAM*, READ THIS GUIDE FOR AN OVERVIEW OF WHAT TO EXPECT.

*Please note: This guide is intended for applicants who will be having their immigration medical exam outside of the United States, although the requirements for applicants having an exam in the U.S. are similar. We will be publishing a guide for applicants with medical exams in the U.S. in the future, so bookmark our site!

Every day you get closer to your immigration interview overseas, you also get closer to your immigration medical exam! Although most applicants sail through the exam without any issues, knowing more about the process can help you prepare and feel less worried.

First, you do not have to be in perfect health to immigrate to the United States. You do not need to have an Olympian body, change your lifestyle or start a fitness plan. You just need to meet certain requirements relevant to U.S. immigration law, and you will be evaluated based on those requirements.

This means that the immigration doctor is not going to screen you for other non-immigration related medical conditions, so the exam will feel different than a usual doctor checkup. You will notice that the doctor will be purposeful in his/her questions during the exam. The immigration doctor will ask you specific questions and evaluate you for conditions that will enable him/her to complete the medical exam report that will be submitted to the U.S. Embassy or Consulate.

You will be screened for communicable diseases of public health significance , which include tuberculosis (active and infectious), syphilis, gonorrhea, and Hansen’s Disease (Leprosy). The doctor will also be looking for certain quarantinable diseases (such as cholera, diphtheria, measles, plague, smallpox, yellow fever, certain viral hemorrhagic fevers, and severe acute respiratory syndromes which include COVID-19 and SARS [FN1] , to name a few. In addition, you will be screened for physical or mental disorders with associated harmful behavior, including drug abuse and addiction . This is not a complete list, and can always change in the future, so it is a good idea to consult with an immigration attorney if you have particular concerns.

The immigration doctor at your medical exam will ask you about your medical history, including any medications you are currently taking. You will have a full body physical examination, and the doctor will examine your eyes, ears, nose and throat, extremities, heart, lungs, abdomen, lymph nodes and skin. You can also expect a blood test and chest x-ray (except for children). If there are some concerns about your current mental state, or potential or prior harmful behaviors, you may also have to undergo a psychological evaluation. If for some reason the psychological evaluation cannot be done on the day of your medical exam, you may be given a referral to a specialist.

If you wear eyeglasses, you should bring them to your exam, including a medication list and your immunization record.

Yes, you will also have to obtain any vaccinations required under U.S. immigration law! The particular vaccinations are those appropriate for your age and current health, so be sure to bring your current immunization record if you have it so that the immigration doctor can tell you the recommended vaccinations.

Below is the current list of required vaccinations [FN1] , as of the date of this article (only!):

COVID-19*, mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, Haemophilus influenzae type B, rotavirus, hepatitis A, hepatitis B, meningococcal disease, varicella, influenza, and pneumococcal pneumonia.

*Please note that, as listed above, proof of COVID vaccination is also now required to immigrate to the United States.

Sometimes the costs of immunizations are built into the medical exam fee, but not for all countries. For some countries, you have to pay separately for each vaccination, and the fees can add up. If you are a K-1 visa applicant, you have the option to complete the vaccination requirements at the of your medical exam overseas, or when you apply for adjustment of status later in the United States (except for COVID vaccination, which is currently required for all immigrants).

You should also bring your passport, proof of payment of visa application fees (along with your case number), and you may also need to bring recent passport-style photos. The number of passport-style photos, and whether you need to bring them depends on the U.S. Embassy or Consulate. An experienced immigration attorney can help you navigate the particular requirements of the U.S. Embassy or Consulate which will be reviewing your medical exam.

In addition, the immigration doctor cannot be your personal physician. Your U.S. Embassy or Consulate will tell you the specific doctor/clinic or list of doctors/clinics that can perform the medical exam. There are usually only one or two doctors/clinics on the approved list, so you will really not have much of a choice. An experienced immigration attorney can give you an idea of who the doctor/clinic will be, although you cannot book your medical exam until instructed by the U.S. Embassy or Consulate.

Finally, although the medical exam is always conducted before your consular interview, sometimes the appointment date must be merely a few days before your exam, a few weeks, or even the day before your exam. This really depends on your particular U.S. Embassy or Consulate. Your U.S. Embassy or Consulate will send your instructions.

Preparing for your overseas medical exam does not have to be a worrisome experience if you know what to expect. Having an immigration attorney on your side every step of the way can make your consular processing experience feel more manageable and less stressful. Our EXPERIENCED IMMIGRATION LAW OFFICE provides REMOTE LEGAL SERVICES to help guide applicants all over the world through the consular processing stage. Contact us today for professional and compassionate assistance for your case!

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[FN 1] “ Centers for Disease Control and Prevention (CDC) Medical Examination: Frequently Asked Questions (FAQs) (last accessed 01/14/2022) = " https://www.cdc.gov/immigrantrefugeehealth/about/medical-exam-faqs.html#me-4 "

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

J ennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

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DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post What to Expect at Your Immigration Medical Exam Overseas appeared first on Law Office of Jennifer Fabian-Verzosa .

Can I Choose the Interview Date for my Spouse or Fiance Visa?

Sun, 09 Jan 2022 00:33:40 GMT

By: Jennifer Fabian-Verzosa, Esq.

YOU MAY BE ABLE TO SELECT THE INTERVIEW DATE FOR YOUR IMMIGRATION CASE, BUT IT DEPENDS ON THE TYPE OF CASE.

Depending on your type of case, you might be able to choose your interview date:

Cases pending with USCIS

For cases pending with U.S. Citizenship and Immigration Services (USCIS), such as adjustment of status cases, naturalization (U.S. citizenship) cases, and military parole-in-place cases, to name a few, you generally CANNOT select your own interview date . You will be assigned an interview date and notified by mail of this date. Typically you will be given at least 4-5 weeks advance notice of your interview date, but sometimes it will be shorter. Be sure to check your mail regularly so that you can find out this date sooner than later.

Spouse and Family Immigrant Visa Cases pending with a U.S. Embassy or Consulate overseas

For most (but not all) family immigration cases where your interview will be at a U.S. Embassy or Consulate overseas, you CANNOT select your own interview date . This applies to immigrant visa cases for your spouse, child, brother, sister, parent, etc. This can be frustrating for many applicants who may feel ready with their documents but have to wait for a date to be assigned to them. However, this is just how it works.

The National Visa Center (NVC) will coordinate with the applicable U.S. Embassy/Consulate to set an interview date for your case, and both NVC and the Embassy/Consulate will notify you.

K-1 Fiancé(e) Visa Cases

I have saved the best news for last! For the majority of K-1 Fiance(e) cases, the K-1 visa applicant CAN select their own interview date! However, this date is always based on the particular U.S. Embassy/Consulate’s calendar. That means the embassy has to be open, and you will not likely be able to select a weekend date, since most embassies are closed on the weekends. Please also note that not all embassies/consulates allow you to choose your own interview date, as each embassy has their own scheduling considerations, but most do.

Since available dates are based on the particular embassy’s calendar and staffing availability, you will have to select from the list of available dates. Sometimes not a single date is available for three months into the future (!), and you have to keep checking for a date, any date, to pop up. Regardless, at least you have the option of choosing a date for yourself at some point.

The immigration and interview process can feel very daunting if you do not know what to expect. An experienced immigration attorney can help shed light on the multiple steps and procedures that will make the process feel a lot more manageable.

Our EXPERIENCED IMMIGRATION LAW OFFICE would be happy to assist you with your fiancé(e), spouse, or family-based immigration case, wherever you or your loved one are in the world. Email or Call us today for a free quote for your case: (619) 431-2407 .

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*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Can I Choose the Interview Date for My Spouse or Fiance Visa appeared first on Law Office of Jennifer Fabian-Verzosa .

I-751 Petition and Divorce

Sat, 08 Jan 2022 03:49:34 GMT

By: Jennifer Fabian-Verzosa, Esq.

IF YOUR MARRIAGE IS ENDING IN DIVORCE AND YOU DO NOT WANT TO LOSE YOUR LAWFUL PERMANENT RESIDENT STATUS, YOU STILL HAVE OPTIONS.

Marriages do not always work out. Newlyweds in particular face all sorts of issues adjusting to each other during the initial years of marriage, and this is true whether or not you recently immigrated or have been living in the U.S. all your life. If the marriage through which you obtained your green card is not working out, or has already ended, does this necessarily mean that you will certainly lose your green card? No.

If you are a Conditional Permanent Resident (i.e., you have a 2-year Green Card) and you and your spouse are separating or your marriage has already ended in divorce, the good news is that in the end you may still be able to remain in the United States and keep your green card. However, in these types of situations it is a good idea to discuss your options with an attorney as soon as you can since your lawful permanent residency will be automatically terminated on the expiration date of your green card. If you do not file your I-751 Petition to Remove Conditions on Evidence, and do nothing when your card expires, you will be at risk of being placed in removal proceedings. Attorney assistance is also oftentimes more costly when you are defending your case in immigration court rather than before USCIS, so you should act fast.

Whether or not your conditional resident green card has already expired, or you are already divorced, you may still be able to keep your lawful permanent residence. However, in most cases you must still file your I-751 Petition.

What if my Spouse refuses to sign my I-751 Petition?

That’s OK. You may be able to file your I-751 Petition even without your spouse’s help or approval as long as you entered into a good faith marriage with him/her AND you have the documentation to prove it . Nowadays, USCIS seems to be scrutinizing the evidence supporting such petitions a lot more. A marriage certificate and some photos of you two during happier times are just usually not good enough by themselves anymore.

This is where an experienced attorney can be really helpful to the success of your case, especially if you are filing by yourself. An attorney can help you understand the types of documents and evidence you need to prove that you had a good faith marriage, and give you useful tips on how to obtain or locate those documents . Oftentimes, people initially come to me very worried that that they do not have such documents, do not have enough evidence, or do not know where to find documents. Then, by the time of filing, we find that there were a lot of supporting documents after all!

If you suffered physical or emotional abuse by your Spouse, you may also file your I-751 Petition by yourself. You do not need your spouse to sign off on your form, or attend your interview.

Lastly, and alternatively, if the termination of your permanent residency status and your removal from the United States would result in extreme hardship to you (and you have documentation to support this), then you may also be able to file your I-751 Petition on your own.

And if for some reason you and your Spouse/Ex-Spouse are on good terms , and he or she is willing to cooperate with your case (i.e., provide supporting documents and explain why your marriage did not work out to the immigration officer), then you may also still be able to keep your green card. However, in this type of delicate situation it is a good idea to seek professional legal guidance.

Most importantly, it is really important not to just sit and blame yourself for a failing marriage. Marriages do not always work out, and maybe it was just not meant to be in the end. Rather, you should ask yourself whether you still want to keep your lawful permanent residency, and if your answer is ‘Yes!’, you should be positive and aim to be proactive about learning about your legal options so that you can continue to remain in the United States and keep your immigration status.

Aim to be proactive about learning about your legal options so that you can continue to remain in the United States and keep your immigration status.

Remember that everyone deserves a happy life and brighter future, including you.

Contact our F RIENDLY IMMIGRATION LAW OFFICE today, and we would be happy to assist you in getting started with filing your I-751 Petition. Although you may be filing it alone, we are here to help you every step of the way. We offer affordable installment plans.

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post I-751 Petition and Divorce appeared first on Law Office of Jennifer Fabian-Verzosa .

Is the US Embassy Manila Closing?

Sat, 29 Jun 2019 23:29:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

MANY PEOPLE SEEM TO BE CONFUSED, SO LET’S DO A FACT CHECK.

I have also been getting this question a lot in my law practice, and the fear is well understood: Anytime any type of immigration office closes, the processing work has to be transferred somewhere. There is certainly a conceivable risk that certain services are likely to be affected or less prioritized, and delays or backlogs go hand-in-hand with changes in employees and departments handling cases.

Ever since USCIS announced that it is closing international offices overseas later this year , intending immigrants worldwide, including their families in the United States, have been concerned about their pending and future immigrant petitions.

Fortunately, I can confirm that the U.S. Embassy Manila is not closing . Only USCIS International Field Offices worldwide are closing.

The U.S. EMBASSY MANILA IS NOT CLOSING.

Only the USCIS International Manila Field Office located on Roxas Blvd. (in the same compound as the U.S. Embassy Manila) is permanently closing on July 5, 2019 , not the embassy. The two offices sound similar, but are not the same thing . USCIS stands for “United States Citizenship and Immigration Services.” The Manila field office will redirect its case log for certain immigration services to the U.S. Embassy Manila , as it started doing so already on May 14, 2019. You can read the USCIS announcement about the closure here .

WHAT EXACTLY DOES A USCIS INTERNATIONAL FIELD OFFICE DO?

These international based offices have historically provided essential immigration services to U.S. Citizens, lawful permanent residents, and military families abroad. Not every office provides the full range of services other offices provide, but for the most part they are similar. For example, these offices have assisted military families stationed abroad on United States armed forces bases with naturalization, permanent residency paperwork, and fingerprinting services.

The international offices have also assisted with handling certain I-130 Relative Petitions in the past, including those for emergencies, petitioners who live and work abroad, and those filed by U.S. military families stationed abroad.

In addition, these offices have been there for time-sensitive services for U.S. lawful permanent residents abroad who have lost their green cards, or applicants requesting travel documents due to the need for imminent travel. Many offices provided useful walk-in services.

These offices have been there for time-sensitive services for U.S. lawful permanent residents abroad who have lost their green cards, or applicants requesting travel documents due to the need for imminent travel. Many offices provided useful walk-in services.

The U.S. Embassy Manila reportedly will be taking over all these services, the full extent we do not reliably know at this time. What we do know is that the U.S. Embassy Manila is already very busy.

The U.S. Embassy Manila is already very busy.

In 2018, the U.S. Embassy Manila was the largest issuer of immigrant visas of all U.S. embassies/consulates in Asia , and the third largest issuer of immigrant visas in all the world (third to Mexico and the Dominican Republic, respectively). [ FN1 ]

Our IMMIGRATION LAW OFFICE assists families both in the United States and all over the world! We understand Tagalog and provide remote immigration legal services and easy Zoom meetings for families abroad. Contact us for assistance by calling +1(619) 431-2407 | 1-888-623-5444 (Toll-Free Nationwide), or email: contact@law-jf.com .

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[ FN 1 ] “ Immigrant Visas Issued at Foreign Service Posts ” (Retrieved 6-29-2019), by U.S. Department of State Visa, Report of the Visa Office 2018.

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

Jennifer Fabian-Verzosa, Esq. is a Filipino-American and founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Is the US Embassy Manila Closing? appeared first on Law Office of Jennifer Fabian-Verzosa .

Military Spouse Naturalization 101

Wed, 26 Jun 2019 15:23:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

MILITARY SPOUSES ARE THE HEART AND HANDS OF A FAMILY WHEN THE SERVICE MEMBER IS AWAY.

With USCIS international offices reportedly closing later this year —-offices that historically provided essential immigration services to U.S. Citizens and military overseas–there is a growing concern among military families of a need to organize and process their immigration paperwork ASAP.

HOW CAN A MILITARY SPOUSE BECOME A U.S. CITIZEN?

There are a few different ways for military spouses who have green cards or are lawful permanent residents to naturalize. If your service member spouse is stationed abroad or will be deployed soon, you may be eligible for expedited or overseas naturalization if you meet certain criteria. Expedited naturalization requires the naturalization interview to be conducted in the United States, while with overseas naturalization the entire process is performed abroad.

IF WE ARE STATIONED ABROAD, DO I HAVE TO COME TO THE UNITED STATES FOR MY NATURALIZATION INTERVIEW AND OATH CEREMONY?

No. The benefit of overseas naturalization is that the entire process, interview and oath ceremony, is performed abroad. However, you should file your Form N-400 Naturalization Application in the United States (check the USCIS website for current filing addresses for overseas military, here ), or contact your nearest overseas USCIS International Office and ask whether you can file your Form N-400 with them. An experienced immigration attorney can also assist you with this process.

The benefit of overseas naturalization is that the entire process, interview and oath ceremony, is performed abroad .

It is important that you indicate the type of naturalization process (overseas or expedited) that you are applying for in your cover letter and application, or else you might end up having to come to the U.S. for an interview when you could have done it overseas. When selecting overseas naturalization, you should also specify which USCIS International Office is nearest to you or which office you are requesting to complete the in-person processes with.

For overseas naturalization, a military spouse’s time living abroad married to a service member when authorized to accompany the service member on official military orders can be used to satisfy the requirements of continuous residency and physical presence in the United States . For expedited naturalization, continuous residency and physical presence in the United States are not required. A military spouse must still meet all other naturalization requirements (listed on the USCIS website, here ) and pay the filing fee.

Military spouses may also be able to submit fingerprint cards that satisfy specific criteria in lieu of attending a biometrics appointment.

Hiring an immigration attorney in the United States can help make applying for naturalization a lot easier, especially when you are far away and have many questions. An attorney can receive immigration notices on your behalf, help monitor your case from abroad, and contact USCIS for any issues that arise.

Our IMMIGRATION LAW OFFICE assists military families both in the United States and those stationed abroad all over the world! We provide remote immigration legal services and easy Skype meetings . Contact us for assistance by calling +1(619) 431-2407 | 1-888-623-5444 (Toll-Free Nationwide), or email: contact@law-jf.com .

________________

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq . is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Military Spouse Naturalization 101 appeared first on Law Office of Jennifer Fabian-Verzosa .

Options for Undocumented Immigrants

Mon, 03 Jul 2017 01:11:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

FOR UNDOCUMENTED IMMIGRANTS, LIFE IN THE UNITED STATES WITHOUT THE REQUISITE IMMIGRATION PAPERS, OR EXPIRED IMMIGRATION PAPERS, IS FRUSTRATING AND FRIGHTENING. Oftentimes, these immigrants experience paranoia and fear trying to do everyday things, like trying to obtain a driver’s license or identification, obtaining medical care, working, buying property, and even traveling between states. They live in constant fear of being removed or picked up by U.S. Immigration and Customs Enforcement (ICE).

The number of undocumented immigrants in the U.S. is estimated at over 11 million . [FN1]

What that essentially means is that in any large family gathering, there is probably somebody that is or was once an undocumented immigrant, or knows someone who is.

What that also means is that undocumented immigrants are people like us, and they are us. They are parents, brothers, children, friends—people we interact with and who make up our local communities.

Many people have formed faulty stereotypes of what an undocumented immigrant looks like, where they work, and their country of origin. Many people are in disbelief when they find out that, at one time or another, their friend or relative was once an undocumented immigrant in the United States, even if it was for a short time.

Many people are surprised to learn that undocumented immigrants are not only persons who have entered the U.S. by crossing a land border “without inspection.” They are also persons who have overstayed their visas or authorized length of stay in the United States.

MANY UNDOCUMENTED PERSONS ALSO KNOW LITTLE ABOUT THEIR LEGAL RIGHTS, OR EVEN THAT THEY HAVE ANY. Many undocumented immigrants are ashamed of their immigration status and afraid. Many choose to just hide. Although, in this day and age in America, the climate seems increasingly unfavorable and hostile to immigration, it is important that undocumented immigrants (and their loved ones) know that there may be legal avenues available for them to obtain lawful permanent residency.

RATHER THAN JUST HIDE or constantly be “Tago Ng Tago” (or “TNT” – urban term commonly describing undocumented Filipino immigrants who have overstayed their visas and are residing in the U.S. “in hiding” ), IT IS ESSENTIAL THAT YOU AT LEAST FIND OUT WHETHER YOU HAVE ANY LEGAL OPTIONS.

CERTAIN UNDOCUMENTED IMMIGRANTS MAY HAVE A PATHWAY TO LAWFUL PERMANENT RESDIENCY (AND EVENTUALLY U.S. CITIZENSHIP) IF THEY:

Have continuously resided in the U.S. since a certain time (1972); or
Have married a U.S. citizen; or
Have U.S. citizen children or parents; or
Qualify for a waiver of inadmissibility; or
Qualify for asylum.

This list is not exhaustive – not all forms of relief are listed . Not every undocumented immigrant will qualify for one of these routes, and not every application for permanent residency will be approved. Filing an immigration application does not eliminate all risks for removal or deportation. In some instances, it may increase the risk.

If you or your loved one is an undocumented immigrant, you should contact an immigration attorney, your local legal aid society (or provider of free or reduced legal services), or at least obtain immigration reading material to learn more about your options.

You do not have to file any immigration forms just to learn about your immigration options.

When you know and weigh your options, you will better be able to make a more informed decision about your future and see whether you might qualify for any form of relief.

Our COMPASSIONATE IMMIGRATION LAW OFFICE would be happy to assist you in exploring those options, wherever you are in the United States. Contact us today for a quote .

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[FN 1] “ Frequently Requested Statistics on Immigrants and Immigration in the United States” (Published March 8, 2017), by Jie Zong and Jeanne Batalova, Migration Policy Institute. Retrieved 7-2-2017.; See also “5 facts about illegal immigration in the U.S.” (Published April 27, 2017), by Jens Manuel Krogstad , Jeffrey S. Passel and D’Vera Cohn , Pew Research Center. Retrieved 7-2-2017.

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Options for Undocumented Immigrants appeared first on Law Office of Jennifer Fabian-Verzosa .

New Orange County Office Location!

Thu, 08 Jun 2017 05:06:00 GMT

The Law Office of Jennifer Fabian-Verzosa is pleased to announce the opening of a second office location in Orange County !

This office serves the immigration needs of ALL Southern CA regions , including Anaheim , Los Angeles , Riverside , and San Bernardino .

The office is located at:

Law Office of Jennifer Fabian-Verzosa – OC 23547 Moulton Parkway Suite 204 Laguna Woods, CA 92653

Phone: (949) 420-0711

*Meeting By Appointment Only

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post New Orange County Office Location! appeared first on Law Office of Jennifer Fabian-Verzosa .

Naturalization Workshop – Dec. 4, 9 in Chula Vista, CA

Sun, 04 Dec 2016 07:48:00 GMT

UPCOMING SPEAKING EVENTS

Attorney Jennifer Fabian-Verzosa will be speaking in San Diego at the Chula Vista Public Library – Otay Ranch Branch on the following dates. This event is FREE , EDUCATIONAL , and OPEN TO THE PUBLIC .

“NATURALIZATION APPLICATION WORKSHOP”

Sunday, Dec. 4, 2016 : 1:30 PM, 2:15 PM, 3:00 PM

Friday, Dec. 9, 2016 : 4:45 PM, 5:30 PM

Join us for a FREE U.S. Citizenship Application Seminar as we share some helpful tips for the N-400 Naturalization Application. Each presentation lasts approximately 20 minutes.

LOCATION : “THE HUB” @ THE OTAY RANCH LIBRARY , Otay Ranch Town Center, 2015 Birch Road, #407, Chula Vista, CA. (Near the Food Court)

See you there!

________________

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Naturalization Workshop – Dec. 4, 9 in Chula Vista, CA appeared first on Law Office of Jennifer Fabian-Verzosa .

Filipino World War II Veterans & Families: What you need to know about the FWVP Program

Fri, 04 Nov 2016 01:36:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

THE FILIPINO WORLD WAR II VETERANS PAROLE PROGRAM (FWVP) HAS BEEN IN PLACE SINCE JUNE 8, 2016.

The program allows a Filipino World War II veteran or his/her surviving spouse to bring certain family member “beneficiaries” to the United States on “parole.” There must already be an approved I-130 Relative Petition for the family member, and their legally recognized relationship must have existed on or before May 9, 2016.

The PURPOSE of the program is to honor the thousands of Filipinos who bravely fought for the United States during World War II, by enabling their loved ones to come to the United States and care for them or their surviving spouses. Since family members of these veterans continue to wait many years for an immigrant visa to become available to them, the FWVP program essentially allows them to reunite with their veteran family member and “wait out” this time in the United States.

THE FWVP ESSENTIALLY ALLOWS THEM TO REUNITE WITH THEIR VETERAN FAMILY MEMBER AND “WAIT OUT” THIS TIME IN THE UNITED STATES .

If the Filipino World War II veteran and spouse are both deceased, the family member may still be eligible for a self-petition.

WHAT KIND OF LEGAL STATUS IS “PAROLE?” Being “paroled” into the U.S. means the person can enter the United States for a certain period of time. Qualifying beneficiaries can remain for 3 years, with the possibility of reapplication if an immigrant visa is still not available to the family member at the expiration of parole.

OTHER REQUIREMENTS FOR THIS PROGRAM include an interview abroad (with USCIS or the US Embassy- both in Manila), background check, medical exam, and clearance by Customs and Border Protection at the port of entry. Parole is granted on a discretionary case-by-case basis, which means it depends on each person’s individual situation. It might seem a little daunting at first, but if you think about it, these are the same things required for an immigrant visa. The beneficiary does not have to return to the Philippines once a visa number becomes available. S/he can remain in the U.S. and apply for a green card!

While waiting for the immigrant visa, the family member of the veteran can also apply for work authorization , and reapply as needed.

This program will not be around forever, and as the veterans age, less people will be eligible for it. You can help Filipino World War II veterans by telling them about this program. It is also a good idea to consult with an immigration attorney to determine eligibility and to help ensure that applications are complete and accurate.

YOU CAN HELP FILIPINO WORLD WAR II VETERANS BY TELLING THEM ABOUT THIS PROGRAM.

Our FRIENDLY IMMIGRATION OFFICE would be happy to assist you or your family members with determining eligibility for the FWVP Program. Attorney Jennifer Fabian-Verzosa is a FILIPINO-AMERICAN & UNDERSTANDS TAGALOG . Our office assists persons nationwide and worldwide. Contact us today by calling (619) 431-2407 | 1-888-623-5444 (Toll-Free Nationwide), or email: contact@law-jf.com .

If you would like the attorney to speak about this topic at your next group event, please contact us to schedule: contact@law-jf.com

________________

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

MORE ARTICLES

LEARN ABOUT OUR IMMIGRATION SERVICES:

Jennifer Fabian-Verzosa, Esq. is the founding Fil-Am attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Filipino World War II Veterans & Families: What you need to know about the FWVP Program appeared first on Law Office of Jennifer Fabian-Verzosa .

Current Processing Times for J-1 Waivers of the 2 Year Home Residency Requirement

Tue, 01 Nov 2016 18:30:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

AFTER COMPLETING THEIR U.S. PROGRAM, CERTAIN J-1 VISA EXCHANGE VISITOR S must physically return to their home country (or country of last residence) for 2 years in the aggregate before they can apply for lawful permanent residence, a fiance visa, or obtain an H or L visa. This is called the “ 2 Year Home Residency Residency Requirement ” under The Immigration and Nationality Act, Section 212(e).

An exception is if the J-1 Visitor qualifies for a “waiver” of the home residency requirement. Timing of a J-1 Waiver Application is critical, since you also do not want to be out of J-1 visa status. Therefore, it is helpful to be familiar with the processing times for the waiver you are interested in.

The following approximations have been provided by The U.S. Department of State:

CURRENT PROCESSING TIMES for J-1 waivers

No Objection Waiver: 6 to 8 weeks
Interested U.S. Federal Government Agency (IGA Waiver): 4 to 8 weeks
Persecution Waiver: 3 to 4 months
Hardship Waiver: 3 to 4 months
Conrad State 30 Program Waiver (for physicians): 4 to 6 weeks

Since each home country embassy and U.S. federal agency has its own processing time, the approximations above may still vary . Due to the complexity of each of these waivers, it is always a good idea to consult with an immigration attorney to further determine your eligibility for a waiver of the home residency requirement. It is really important to start planning ahead as soon as you know you want to apply for a waiver.

Our FRIENDLY IMMIGRATION OFFICE would be happy to assist you with your J-1 waiver application, wherever you are in the United States . Contact us today for a free quote : (619) 431-2407 | 1-888-623-5444 (Toll-Free Nationwide), or email: contact@law-jf.com .

________________

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

MORE ARTICLES

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Current Processing Times for J-1 Waivers of the 2 Year Home Residency Requirement appeared first on Law Office of Jennifer Fabian-Verzosa .

Could You Already Be a U.S. Citizen Through Your Parents?

Mon, 31 Oct 2016 02:28:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

A POPULAR MISCONCEPTION IS THAT YOU HAVE TO BE BORN IN THE UNITED STATES TO BE A “U.S. CITIZEN.” THAT SIMPLY IS NOT TRUE.

The Immigration and Nationality Act allows persons born outside of the United States to acquire or derive citizenship through one or both of their parents.

WAIT…. DOES THAT MEAN YOU COULD ALREADY BE A U.S. CITIZEN? MAYBE!!

A good place to start your research is the Child Citizenship Act of 2000 (CCA), signed into law on February 27, 2001. If the CCA does not apply to you, the law in effect at the time of your birth should be your next stop.

Citizenship Acquired From Birth

Under the CCA, if you were born outside of the United States , and one or both of your parents were married U.S. Citizens at the time of your birth, you might already be a U.S. Citizen! This would be considered U.S. Citizenship acquired from birth .

If your parents were not married to each other at the time of your birth , but one of them was in the United States prior to your birth, you also might already be a U.S. Citizen! This too would be considered U.S. Citizenship acquired from birth.

There are more requirements, so please consult with an immigration attorney to determine whether you qualify.

Citizenship Acquired After Birth

You may also derive U.S. Citizenship from your parents after birth , but that really depends on whether you were under 18 on February 27, 2001. If you were born outside of the United States and already over 18 years old on February 27, 2001, or an adopted child , you might be a U.S. Citizen. However, that requires a trickier analysis. You should consult an immigration attorney to determine your eligibility once and for all.

If you qualify for U.S. Citizenship through one or more of your parents, you should apply for the Certificate of Citizenship (N-600) rather than Naturalization (N-400). Besides not having to go through the U.S. History/Civics and English tests (hooray!) , you risk denial of your Naturalization application if you incorrectly apply for Naturalization while already a U.S. Citizen through your parents . You’ve probably heard those stories, and unfortunately it is happening everyday at Naturalization interviews throughout the United States. You do not get your naturalization filing fees returned if you in fact qualified for U.S. Citizenship through your parents. So the moral of the story is…. make sure you do not already derive citizenship from your parents BEFORE you submit that N-400 form. Of course, the best way to assess your eligibility and the nuances in derived citizenship case law is to consult with a knowledgeable immigration attorney.

Last but not least, the fee to apply for the N-600 Certificate of Citizenship dramatically increases on December 23 2016: from $600 to $1,17 0 (Read more here ). That is a 95% increase !!! While the Naturalization filing fee is increasing as well, the N-600 filing fee has the sharpest fee hike between the two. If you want to learn about some of the Benefits of U.S. Citizenship , read my article here .

HAVE YOU HEARD? THE N-600 FILING FEE INCREASES FROM $600 TO $1,170 BEFORE THE END OF 2016.

Our FRIENDLY IMMIGRATION OFFICE would be happy to assist you with determining your eligibility for U.S. Citizenship from your parents (Learn more about this service here ). We assist persons nationwide, so contact us today for a quote : (619) 431-2407 | 1-888-623-5444 (Toll-Free Nationwide), or email: contact@law-jf.com .

________________

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

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LEARN ABOUT OUR CURRENT SERVICES & ATTORNEY FEES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Could You Already Be a U.S. Citizen Through Your Parents? appeared first on Law Office of Jennifer Fabian-Verzosa .

USCIS Immigration Fee Increases are coming before the end of 2016

Sat, 29 Oct 2016 01:30:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

IT’S OFFICIAL . US CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) FILING FEES FOR SEVERAL IMMIGRATION FORMS ARE SET TO INCREASE BEFORE THE END OF THIS YEAR , including Naturalization , Adjustment of status , and Fiance(e) petitions , among others.

On October 24, 2016, The Department of Homeland Security announced that it will definitely adjust the fee schedule for several immigration forms. The last time increases were imposed was November 2010. This time, filing fees will be increased by a weighted average of 21%.

The new fees will be effective for all affected applications or petitions on or after December 23, 2016 .

DON’T DELAY! THE TIME TO APPLY FOR AN IMMIGRATION BENEFIT IS NOW , BEFORE THE FEE INCREASES IN DECEMBER! SINCE IT TAKES TIME TO GATHER ALL THE MATERIALS FOR YOUR APPLICATION, YOU SHOULD GET STARTED NOW. YOU HAVE LESS THAN 2 MONTHS .

Below is a summary of the final fees for some, but not all, of the proposed fee increases. The fees below do not take into account any biometrics fee associated with an application, if required for the particular benefit :

• Naturalization (N-400) filing fee: From $595 to $640
• Certificate of Citizenship (N-600/N-600K) filing fee: From $600 to $1,170 ( 95% increase ). This is the fee to recognize U.S. Citizenship from your parent(s) .
• Application to RENEW or REPLACE GREEN CARD/Permanent Resident Card (I-90) filing fee: From $365 to $455 (25% increase)
• Application for Replacement Naturalization/Citizenship Document (N-565): From $345 to $555 (61% increase)
• Adjustment of Status (I-485) filing fee: From $985 to $1,140 ( 16% increase )
• Adjustment of Status (I-485) filing fee for certain applicants under 14 years old: From $635 to $750
• Petition for Alien Relative (I-130) filing fee: From $420 to $535 ( 27% increase )
• Petition for Alien Fiancé(e) (I-129F) filing fee: From $340 to $535 ( 27% increase )
• USCIS Immigrant Fee : From $165 to $220 (33% increase)
• Application for Employment Authorization (EAD) (I-765) filing fee: From $380 to $410 (8% increase)
• Petition for Alien Worker (I-140) filing fee: From $580 to $700 (21% increase)
• Petition for Nonimmigrant Worker (I-129F) filing fee: From $340 to $535 (57% increase)
• Immigrant Petition by Alien Entrepreneur (I-526) filing fee: From $1,500 to $3,675 ( 145% increase )
• Application for Waiver of Grounds of Admissibility (I-690) filing fee: From $200 to $715 ( 258% increase )

And more….

Regarding Naturalization , USCIS is implementing an interesting system for those with family incomes greater than 150 percent and not more than 200 percent of the Federal Poverty Guidelines. Instead of paying $640, qualified applicants will only have to pay a reduced filing fee of $320 for naturalization .

You can check out the complete list of new fees on the USCIS website here .

Our FRIENDLY IMMIGRATION LAW OFFICE offers AFFORDABLE FEES , and WE ASSIST CLIENTS NATIONWIDE through a combination of remote and in-person services. Our areas of practice include naturalization, family immigration, and more . Contact us today for a FREE quote , or check out our Monthly Promotions and Discounts on Immigration Services !

_______

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

LEARN ABOUT OUR CURRENT SERVICES & ATTORNEY FEES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post USCIS Immigration Fee Increases are coming before the end of 2016 appeared first on Law Office of Jennifer Fabian-Verzosa .

Who is Eligible for Adjustment of Status?

Fri, 30 Sep 2016 00:32:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

IF YOU OR YOUR RELATIVE LIVING IN THE UNITED STATES IS THINKING ABOUT GETTING A GREEN CARD, THEN YOU’RE PROBABLY LOOKING INTO THE ADJUSTMENT OF STATUS PROCESS. THIS ARTICLE COVERS MOST OF THE CATEGORIES OF PERSONS GENERALLY ELIGIBLE FOR ADJUSTMENT OF STATUS.

I mmediate relatives of U.S. citizens : Spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age or olde r

Relatives of U.S. citizens or Lawful Permanent Residents (family-based preference category)

K-1 fiancé(e) of a U.S. citizen

Widow(er) of a deceased U.S. citizen

Self-petitioners under the Violence Against Women Act (VAWA)

Foreign national workers under an employment-based preference category

Foreign national entrepreneurs

Special immigrants : Religious workers, special immigrant juveniles, certain Afghans and Iraqis, certain international broadcasters, certain U.S. armed forcesmembers, & more

Human trafficking or Crime victims

Persons granted Asylum or Refugee status

Persons qualifying under Diversity Visa Lottery program

Persons qualifying under Nicaraguan Adjustment and Central American Relief Act (NACARA)

Persons qualifying under INA 245(i)

Derivative applicants (filing based on a principal applicant), such as K-2

If you or your relative fits one of the above categories, remember that you must still show that the applicant is not “barred” from adjusting status, and does not fall under one of the “grounds of inadmissibility.” Due to the complexity of those areas, it is always a good idea to consult with an immigration attorney to further determine your eligibility for a green card.

Our FRIENDLY IMMIGRATION OFFICE would be happy to assist you with adjustment of status, wherever you are in the United States . Contact us today for a free quote : (619) 431-2407 | 1-888-623-5444 (Toll-Free Nationwide), or email: contact@law-jf.com .

________________

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

MORE ARTICLES

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Who is Eligible for Adjustment of Status? appeared first on Law Office of Jennifer Fabian-Verzosa .

What You Should Know About the Employment Authorization Document (I-765)

Tue, 27 Sep 2016 20:02:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

IF YOU ARE LOOKING FOR INFORMATION ABOUT THE EMPLOYMENT AUTHORIZATION DOCUMENT (“EAD”), YOU’VE COME TO THE RIGHT PLACE. HERE ARE SOME THINGS YOU SHOULD KNOW ABOUT THE EAD, STRAIGHT FROM THE DESK OF AN IMMIGRATION ATTORNEY.

Photographs are required, even for renewal applications . You will need to submit 2 identical color photos of yourself taken within 30 days of filing your application. These must be passport-style.
Not everyone has to pay the filing fee. There is no filing fee if you are filing as an adjustment, refugee, or asylum applicant. There is also no fee if you are requesting a new card due to USCIS error. Before applying, you should check on the USCIS website to determine whether you qualify under one of the categories that does not require a fee.
Your employer cannot accept your EAD Application Receipt as evidence of employment authorization . If you plan on running to Human Resources and giving them a copy of the official receipt that says you just renewed or recently filed an EAD application, I am sorry my friend, but it is not going to help. You need the new card in hand.
Renew it as early as you can. Did you know you can renew your EAD as early as 120 days before it expires? According to current processing times, USCIS takes about 3 months (90 days) to process renewal EADs. That means if you give USCIS enough time to process your I-765 application for renewal, you should get your new card before the next one expires.
Some of the criteria required to expedite an EAD request are :

Severe financial loss to company or person
Emergency situation
USCIS error
Compelling interest of USCIS
Humanitarian reasons
National interest situation

Unfortunately, the usual applicant will not fit these categories. Loss of a job is simply not enough. If you think about it, everyone is generally at risk of losing their job once their EAD expires. A lawyer can better help you determine whether you might be eligible for an expedite request. USCIS grants these requests on a case-by-case basis, and it’s very fact-intensive.

Loss of a job is simply not enough. If you think about it, everyone is generally at risk of losing their job once their EAD expires.

6. And… if your EAD is expiring soon, consult with an immigration attorney regarding expedite requests and your legal options once your EAD expires . Protecting and maintaining your lawful immigration status is essential . You do not want to face the harsh consequences of unauthorized employment. Consider your long-term goals.

7. Once you get your green card , you no longer need an EAD to work!!

Contact our FRIENDLY IMMIGRATION OFFICE for an affordable EAD Consultation-Only Service or more information about the Complete EAD Package (which includes consultation, I-765 application filing, and case monitoring). We conveniently assist clients *nationwide* (and remote packages save you money too)! Learn how here .

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

MORE ARTICLES

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post What You Should Know About the Employment Authorization Document (I-765) appeared first on Law Office of Jennifer Fabian-Verzosa .

Reentry Permit 101 for Lawful Permanent Residents (I-131)

Tue, 27 Sep 2016 02:19:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

IF YOU ARE A LAWFUL PERMANENT RESIDENT (LPR) INTERESTED IN TRAVELING OUTSIDE THE U.S. FOR MORE THAN 1 YEAR , YOU’RE IN LUCK. TODAY’S POST CONTAINS HELPFUL TIPS FOR THE I-131 RE-ENTRY PERMIT APPLICATION. LET’S GET STARTED.

You must be physically-present in the U.S. when filing your Reentry Permit Application . That means, please do not leave for your year-long vacation to the Philippines without first filing the I-131 Application.
Your Reentry Permit cannot be “extended . ” You must apply for a new reentry permit each and every time.
A Reentry Permit for an LPR can be valid for up to 2 years.
Biometrics are required if you are between the ages of 14 and 79 years old . Soon after sending in your application, USCIS will schedule you for a fingerprinting & photo appointment at your nearest Appointment Service Center (ASC).
Not everyone has to pay the filing fee . There is no filing fee if you are filing as an adjustment applicant, or if you are filing based on humanitarian parole. There is also no fee if you are requesting a new card due to USCIS error. Before applying, you should check on the USCIS website to determine whether you qualify under one of the categories that does not require a fee.
An LPR does not need to obtain a Reentry Permit for short travel outside the U.S. A reentry permit is essential only for travel outside the U.S. that is expected to last more than 1 year. If you are not really sure how long you will remain outside the U.S. (but you know it will be close to 1 year), it is probably a good idea to get a Reentry Permit. Consult with an immigration attorney for advice for your specific situation.
With that said, even short travel outside the U.S. could still put you at risk of abandoning your LPR status if the facts show that you truly intended to take up residence in another country. Be careful, and be sure to consult with an immigration attorney if you are not sure whether your specific travel might put you at risk of losing your green card forever.

“Even short travel outside the U.S. could still put you at risk of abandoning your LPR status if the facts show that you truly intended to take up residence in another country.”

8. TMerely having a Reentry Permit does not “preserve” your ability to qualify for later Naturalization (U.S. Citizenship) . A Reentry Permit merely tells USCIS that you do not intend to abandon your LPR status, i.e., that you intend to come back from your lengthy vacation. A lengthy absence from the U.S. could still affect your ability to qualify for U.S. Citizenship in the future. It is best to consult with an immigration attorney before your trip for legal strategy and future planning in this area.

9 . Some of the criteria required to expedite a Reentry Permit request are:

Severe financial loss to company or person
Extreme emergency situation
Humanitarian reasons
National interest situation

Expedite requests should be filed with the application. Speak with an attorney to help you determine whether you might be eligible for an expedite request, and how to make such request. Requests are fact-intensive and USCIS grants them on a case-by-case basis.

10. U.S. Citizens do not need a Reentry Permit to take a year-long (or more) vacation outside the United States!

Contact our FRIENDLY IMMIGRATION OFFICE for an affordable Reentry Permit Consultation-Only Service , or for more information about the Complete Reentry Permit Package (which includes consultation, I-131 application filing, and case monitoring). We conveniently assist clients *nationwide* (and remote packages save you money too)! Learn how here .

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

MORE ARTICLES

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Reentry Permit 101 for Lawful Permanent Residents (I-131) appeared first on Law Office of Jennifer Fabian-Verzosa .

Brother or Sister Immigration – The Basic Requirements

Wed, 06 Jul 2016 02:32:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

MISSING YOUR CHILDHOOD BEST FRIEND? ONE OF THE BENEFITS U.S. CITIZENS ENJOY IS THE ABILITY TO FILE AN IMMIGRANT VISA PETITION FOR A BROTHER OR SISTER OVERSEAS.

Lawful Permanent Residents, on the other hand, are not eligible to sponsor their brothers or sisters.

The waiting list for this fourth preference category is very long, with some countries considerably longer than others (e.g., Philippines and Mexico). Consequently, many people are forced to consider different legal options to bring their siblings to the U.S. It is a good idea to consult with an immigration attorney for the best strategy for your particular case.

The good news is that once consular processing is over and completed, your brother and sister will become a lawful permanent resident immediately! No need to worry about conditional residence or filing adjustment of status when he or she comes to the U.S. Your family member can enjoy the benefits of legal permanent residence right away, and immigrate with his/her spouse and children. The process may be long, but for many families, it is worth it in the long run. Reuniting families is priceless .

A few important things to note about the sibling family petition:

You, the U.S. Citizen petitioner, must be at least 21 years old.
You must share the same parent, as defined by immigration law.
Your brother or sister may be married (or not).
The spouse and minor children of your brother and sister can immigrate with them

The first step and appropriate petition to file is I-130, Petition for Alien Relative . Other fees will apply once your sibling’s priority date becomes current (i.e., immigrant visa application fee, immigrant fee).

It is always wise to engage an attorney to help you with this multi-step process . Insufficient or incorrect supporting documentation can cause additional delays in the processing of your brother or sister’s petition. You also want to make sure you are using the best and most efficient legal strategy to get your brother/sister to the U.S. ( Read about whether you need an immigration attorney for your immigration petition here . )

You do not want to wait longer or pay more than necessary for your family member to immigrate to the U.S.

An Immigration Attorney can help you determine which legal strategy will be the best use of your time, energy, and resources.

Contact our friendly immigration law office today , and we would be happy to assist you in getting started with filing the petition or discussing alternative legal routes. We offer affordable installment plans for any of our services , and we would love to help reunite your family!

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

MORE ARTICLES

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Brother or Sister Immigration – The Basic Requirements appeared first on Law Office of Jennifer Fabian-Verzosa .

Is It Time to Renew Your Green Card?

Thu, 19 May 2016 19:48:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

IT HAS BEEN 10 YEARS (OR ALMOST 10 YEARS), AND IT IS FINALLY TIME TO LOOK INTO RENEWING THAT NOT-SO-GREEN-ANYMORE (REALLY, IT’S NOT GREEN ANYMORE) GREEN CARD, A.K.A. “PERMANENT RESIDENT CARD.”

Whether it’s your first green card renewal or your third, so many things have changed in 10 years (not just your picture), that it is more important than ever to review the process for renewal to ensure you are doing things correctly.

First of all, you can now file the application online , through the USCIS website. Paper applications are also still acceptable. As of this post, the filing fee is $365 , not including the $85 biometrics fee (fingerprinting and photos). Some individua ls may qualify for a waiver of the fees. You may want to consult an attorney to determine whether you are eligible for such waivers, since waivers often get denied for lack of sufficient supporting documentation; this delays the processing of your green card renewal application. Our office can help determine whether you qualify for a fee waiver: contact@law-jf.com

The application to renew your green card is I-90 , Application to Replace Permanent Resident Card . This same form can also be used if your card has merely been lost, stolen, or destroyed. USCIS is also increasing the filing fee for the I-90 , from $365 to $455 in December 2016 (read more HERE ) , so if your green card is expired or set to expire within 6 months, it is a good time to start looking into renewing it (or applying for naturalization ) before fees increase.

WHAT YOU’LL NEED = You will generally need to submit a copy of your previous green card with your application.

Individuals with additional issues such as an already-expired green card , super old green card without an expiration date (you know, the kind with your baby picture!) , future Naturalization application (U.S. Citizenship) , and errors or changes on their green card , may wish to consult with an immigration attorney for strategy on approaching these specific issues.

Those persons intending to travel outside of the U.S. with an expired or soon-to-expire green card will need temporary proof of their permanent residency when returning to the U.S.

Do not attempt to travel outside of the U.S. without taking care of these types of issues! You put yourself at risk of experiencing problems and delays at the airport, whether it’s boarding the plane, or dealing with Customs and Border Protection when you return to the U.S. An immigration attorney can assist with obtaining temporary proof of your permanent residency while your renewal application is pending.

Our FRIENDLY IMMIGRATION LAW OFFICE assists individuals throughout the United States with their green card applications and provides immigration consultations to help address your complex green card problems. Contact us today!

Lastly, if you think you may be ready to trade your green card for U.S. Citizenship , you can learn about the BENEFITS OF BECOMING A NATURALIZED U.S. CITIZEN HERE .

_______

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

MORE ARTICLES

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Is It Time to Renew Your Green Card? appeared first on Law Office of Jennifer Fabian-Verzosa .

Proposed Increase in USCIS Immigration Fees, including Naturalization

Mon, 09 May 2016 02:54:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

US CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) PUBLISHED ON ITS WEBSITE LAST WEEK ITS INTENT TO INCREASE FILING FEES FOR SEVERAL IMMIGRATION FORMS , including Naturalization , Adjustment of status , and Relative petitions , to name a few.

**THIS POST HAS BEEN UPDATED!!! READ ABOUT THE OFFICIAL DATE FOR THE FEE INCREASES here .**

USCIS stated that a comprehensive fee review showed that the current fees charged are not able to cover the full costs of its services. USCIS relies on filing fees paid by naturalization and immigration applicants and petitioners as the primary source of its funding. The last time USCIS increased its fees was in 2010.

At the moment, the proposed fee schedule has not yet been implemented but has been made available for public comment. You may view it here , on the USCIS website.

Below is a summary of some, but not all, of the proposed fees for immigration benefits. The fees below do not take into account any biometrics fee associated with an application, if required for the particular benefit:

• Naturalization (N-400) filing fee: From $595 to $640 ( 8% increase )
• Certificate of Citizenship (N-600/N-600K) filing fee: From $600 to $1,170 ( 95% increase )
• Application for Replacement Naturalization/Citizenship Document (N-565): From $345 to $555 (61% increase)
• Adjustment of Status (I-485) filing fee: From $985 to $1,140 ( 16% increase )
• Petition for Alien Relative (I-130) filing fee: From $420 to $535 ( 27% increase )
• Petition for Alien Fiancé(e) (I-129F) filing fee: From $340 to $535 ( 27% increase )
• USCIS Immigrant Fee : From $165 to $220 (33% increase)
• Application for Employment Authorization (EAD) (I-765) filing fee: From $380 to $410 (8% increase)
• Application to Replace Permanent Resident Card (I-90) filing fee: From $365 to $455 (25% increase)
• Petition for Alien Worker (I-140) filing fee: From $580 to $700 (21% increase)
• Petition for Nonimmigrant Worker (I-129F) filing fee: From $340 to $535 (57% increase)
• Immigrant Petition by Alien Entrepreneur (I-526) filing fee: From $1,500 to $3,675 ( 145% increase )
• Application for Waiver of Grounds of Admissibility (I-690) filing fee: From $200 to $715 ( 258% increase )

And more….

Some of the BIGGEST MOVERS include the fee for the Certificate of Citizenship , which has almost doubled from $600 to $1,170 , and the Immigrant Petition for Alien Entrepreneurs , which has more than doubled to 145% .

One of the few fees that remains unchanged is the fee for biometrics (fingerprinting and photos); that is staying at $85.

ONE THING IS CLEAR FROM ALL OF THIS : THE TIME TO APPLY FOR AN IMMIGRATION OR NATURALIZATION BENEFIT IS NOW , BEFORE THE FEE INCREASES!

Our FRIENDLY IMMIGRATION LAW OFFICE offers AFFORDABLE FEES that can be paid in installments , and WE ASSIST CLIENTS NATIONWIDE through a combination of remote and in-person services. Our areas of practice include naturalization, family immigration, employment immigration, and more . Contact us today for a FREE quote , or check out our Monthly Promotions and Discounts on Immigration Services !

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*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

LEARN ABOUT OUR CURRENT SERVICES & ATTORNEY FEES:

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Proposed Increase in USCIS Immigration Fees, including Naturalization appeared first on Law Office of Jennifer Fabian-Verzosa .

Fiancé Visa Program Requirements in a Nutshell

Tue, 29 Mar 2016 18:53:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

One of the perks of U.S. Citizenship is the ability to bring a foreign fiancé(e) to the U.S. to get married, and then have him/her remain in the U.S. after the wedding.

The newlywed spouse is not required to return to his/her native country. This program is not available to fiancé(e)s of lawful permanent residents.

U.S. Citizens may also petition their same-sex fiancé(e).

The fiancé visa program consists of two steps : the fiancé petition (Form I-129F) and the K-1 visa (fiancé visa). The entire process can take 6 months to 1 year, and petitions are processed in the order they are received. Thus, the sooner the couple applies, the sooner they can get married.

Once the process is complete, the newlyweds no longer have to be apart!

What are the program’s requirements?

Our immigration law office will give your fiancé petition and visa the care and attention it deserves . We handle your immigration paperwork so that you and your spouse-to-be can focus on wedding planning and making a life together instead. We have the ability to hold REMOTE MEETINGS with your fiancé(e) even if he/she lives abroad (via Zoom), to prepare him/her for the visa interview . Learn more about our fiancé visa services here .

Contact us , and we will provide you with an affordable and competitive flat fee for your case. We help couples nationwide and worldwide . Get started today on the road to happily ever after!

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

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Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients nationwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Fiancé Visa Program Requirements in a Nutshell appeared first on Law Office of Jennifer Fabian-Verzosa .

To Vote For President, You Must First Become a U.S. Citizen

Fri, 18 Mar 2016 23:57:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

IF YOU DO NOT WANT A CERTAIN CANDIDATE TO BECOME THE NEXT U.S. PRESIDENT, YOU MUST VOTE!!!

Only U.S. Citizens can vote in federal elections, so you must NATURALIZE OR BECOME A U.S. CITIZEN before the Presidential election in November . Since the N aturalization process takes about 5-7 months nationwide on average to complete and the D erived Citizenship process (through parents) takes about 5-6 months on average, NOW IS THE TIME TO SUBMIT YOUR APPLICATION .

If you feel strongly about the issues facing this year’s presidential nominees, you are certainly not alone.

By now, you have probably watched some of the presidential debates on TV, and heard the candidates’ views on several issues. You may have already formed an opinion about certain candidates, based on their responses to certain issues. You probably also know which candidate(s) you DO NOT want to become the next U.S. President.

Some of the Big Issues facing the presidential nominees are :

Health care, particularly the future of the Patient Protection and Affordable Care Act (PPACA) or “Obamacare”
National Security/Terrorism
Domestic Gun Control Policy
Foreign Policy
Employment
Poverty/Homelessness
Immigration

Some of the Top Immigration Issues for the upcoming election are:

Whether there should be a complete U.S.-Mexico Border Fence; Border security
Birthright Citizenship: Whether children of undocumented immigrants should acquire automatic citizenship
Undocumented Immigrants: Whether they should be given a pathway to legal status or U.S. Citizenship
E-Verify : Whether the E-verify system (which verifies employment eligibility) should be mandatory for employers
Future of Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)
Future of the H-1B and H-2B Visa programs employing foreign workers

If you are already a U.S. Citizen , then exercising your right to vote in a federal election is one of several benefits of U.S. Citizenship that you should take full advantage of ( Read more about OTHER BENEFITS OF U.S. CITIZENSHIP HERE ).

Voting is a right you should certainly exercise if you feel strongly for or against certain presidential nominees due to their stand on issues important to you.

If you want to vote, you must first register to vote . Newly naturalized U.S. Citizens will usually be given a voter registration application immediately after the oath ceremony . You must register to vote before the election day deadline, which differs by state. The registration deadline is usually a couple weeks to one month before the upcoming election. To ensure you meet that deadline (and if you are already a U.S. Citizen), you can register to vote here .

The President’s Power Over Immigration

The Legislative Branch, i.e, Congress, has plenary power (“absolute” power) over immigrants and immigration law. However, Congress is permitted to delegate some of this authority to the Executive Branch, that is, the President. This combination of congressional delegation and the power of the President to issue Executive Orders gives the incoming President plenty of power over immigration law and policy. That includes both new immigration laws and immigration reform.

That is why, if you like certain immigration laws and orders that are already in place, or if you seek new and different legislation, it is imperative that you vote for the presidential nominee that shares your view on those issues.

The future of the immigration landscape and immigration laws is going to be heavily dependent on who gets elected to the oval office this year.

If you want to cast a meaningful vote in the upcoming presidential election, contact a lawyer ASAP to help you get started on the road to U.S. Citizenship. We can help. Learn more about our affordable U.S. Citizenship Legal Services HERE .

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

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Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients nationwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post To Vote For President, You Must First Become a U.S. Citizen appeared first on Law Office of Jennifer Fabian-Verzosa .

Do I “Need” an Immigration Attorney For My Petition or Visa?

Mon, 07 Mar 2016 01:00:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

Immigration lawyers are not just for individuals in removal or deportation proceedings.

Here are some of the best reasons to hire an immigration attorney and avoid the “DIY” (do-it-yourself) pitfalls:

Whenever a child is involved, immigration paperwork gets more complicated.

Anytime a child is accompanying (or following to join) a parent who is immigrating to the U.S. or coming on a fiancé(e) visa, things get more complex. If your immigration issue involves a derivative beneficiary , stepchild , adopted child , adult son or daughter , or child “born out of wedlock” (i.e., born to unmarried parents), you should probably seek the professional assistance of an immigration attorney.

Why ? Because an Immigration Attorney can:

SAVE YOU MONEY , by making sure you do not file unnecessary additional applications , and avoid paying extra filing fees
REVIEW YOUR CHILD’S ELIGIBILITY FOR THE IMMIGRATION BENEFIT, BASED ON THEIR PARTICULAR STATUS (i.e., adopted child, stepchild, etc.). UNFORTUNATELY, U.S. IMMIGRATION LAW DOES NOT TREAT ALL TYPES OF CHILDREN EQUALLY . Take stepchildren, for example. There are some immigration applications that require the petitioner to establish a stepchild/stepparent relationship in order for the child to avail of the immigration benefit. Other applications (adjustment of status is one), do not require this.
Even for “seemingly” straightforward applications, such as for a certificate of citizenship, the evidentiary and eligibility requirements are different for a child born to unmarried parents, or deriving citizenship from a father as opposed to a mother . An immigration attorney would know this and advise you accordingly.
ADVISE YOU OF THE BEST TIME TO FILE A CHILD’S APPLICATION, and this is especially critical when an “adult” child or “soon-to-be adult” child is involved. What if that child wants to get married soon, or is nearing 21 years of age? Adult sons and daughter are treated differently depending on the benefit you’re applying for . Minor, unmarried children are usually given more preference. For example, only unmarried children under the age of 21 years old can qualify as “immediate relatives.” This is important, because immediate relatives have so many more options during the green card process , and can overcome ineligibility hurdles to permanent residency that other relatives simply cannot.
LOOK OUT FOR YOU, AND YOUR CHILDREN, IN THE LONG RUN. Even when their parent’s marriage does not work out with the petitioner, for one reason or another, that does not mean a child can no longer qualify for a green card, or U.S. citizenship . An immigration attorney can help ensure that both the primary applicant and their child’s dreams (and future) continue to be protected, especially when relationships change during the immigration process.

2. When multiple applications and steps are involved, the potential for additional costs, delays, and missteps run particularly high.

The Fiancé(e) Petition process involves multiple applications, multiple filing fees, and multiple steps. If you’ve already looked into this process, I’m sure you know what I’m talking about. TIMING IS EVERYTHING when you are only allowed a single entry into the U.S. and 90 days to get married . Then there are medical exams, work permit issues, and financial support requirements that you and your future fiancé(e) must be aware of. You’re about to get married and do not want the added stress and overlooked costs. You want your marriage immigration paperwork done properly and expediently . You should probably hire an immigration lawyer .

3. Even if you file all the required paperwork, your application might still get denied. At your interview. At the port-of-entry. In relation to another application somewhere down the road.

A good example of this point is the Tourist Visa. It has a short waiting time for an interview, and involves a less expensive application fee ($160). Yet, many people, even individuals with high self-supporting incomes, are shocked when they get denied . And all they wanted to do was visit Disneyland.

YOU SIMPLY CANNOT TELL A CONSULAR OFFICER “A,” THEN EXPECT THEM TO CONCLUDE “B” FROM IT . An immigration attorney will check whether you have “THE” complete AND best evidence to draw the line that can connect A to B, to BETTER PERSUAD E the officer that you have satisfied the requirements.
You cannot just have your host or employer write a letter with anything they choose. Some things in a letter are a waste of time and ink to say. An attorney will check to see whether the important things are included, and only the important things.
Lastly, don’t forget about U.S. Customs and Border Protection. The issuance of a visa at a consular post still does not guarantee admission to the U.S . You will be subject to another interview by another immigration official at the U.S. port of entry. You could still be sent home, with no reimbursement for travel expenses, if a second look at your documents indicates fraudulent immigrant intent.
Stepping away from the Tourist Visa for the moment, did you know that even further down the road at the green card stage, you could still be subject to removal if USCIS determines that you did not have a “bona fide” intent to marry at the time of your fiancé(e) petition?

4. An immigration attorney will know the “legal basis” of your eligibility (or ineligibility) for an immigration benefit

That includes case law nuances, exceptions, and important updates to the law relevant to your case . If you find a word or question on a USCIS form particularly confusing, you’re certainly not alone. Lawyers keep abreast of USCIS’s intended meanings of certain phrases and words, so that you do not have to. Have a question on whether a question asks for express disclosure of a traffic citation? ASK YOUR LAWYER.

4. Perhaps the best reason to hire an immigration lawyer is because they can explain all your legal options.

This gets particularly critical when a couple is trying to decide BETWEEN particular petitions. The options are different and some routes are faster, less expensive, and less risky than others .

The “best” option for you and your family is all very dependent on your particular circumstances and future goals . Do you want to get married in the U.S. or outside of the U.S.? Is the overall cost of the immigration process more important, or is being inseparable from the date of marriage a priority? Did you overstay on the Visa Waiver Program, Tourist Visa, or Fiance visa? Are you planning to actually get married, or do you just want to meet your fiance’s family ?

Ask a lawyer about your options now, BEFORE things get more complicated .

What if you take the chance and overstay on a nonimmigrant visa because you heard your friend did it and all went well, and then you by chance get picked up by ICE (Immigrant and Customs Enforcement) before you file a green card application (that is assuming you had a legal basis to file)? Well, then you’ll definitely need a lawyer now , to defend you in removal proceedings. And it will probably cost you more money, time, and stress. Depending on the length of your overstay and the nature of your intentions at entry, you may never be able to return to the U.S., or it will take several years before you can come back . You could also be fined or jailed .

DON’T TAKE THE RISK OF THINGS LIKE THAT HAPPENING TO YOU OR YOUR FAMILY MEMBERS . Hire a lawyer from the outset to ensure you are properly protecting your goals and family. LAWYERS ARE TRAINED TO EVALUATE RISKS . While no particular outcome can be guaranteed, don’t wait until you are in hot water before considering legal assistance. You will only wish you had a plan and had a prior opportunity to compare all your options before you found yourself in that situation.

Your immigration paperwork involves some of the most important legal documents of your life . Avoid the DIY pitfalls and make sure you get professional legal help when it matters.

*For Article Requests , Republications , or Speaking Engagements , please email: jennifer@law-jf.com

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Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. & HI, and exclusively practices immigration law in federal jurisdictions.

The post Do I “Need” an Immigration Attorney For My Petition or Visa? appeared first on Law Office of Jennifer Fabian-Verzosa .

Falling in Love On the Visa Waiver Program: Is a Green Card Even Possible?

Thu, 18 Feb 2016 20:58:00 GMT

By: Jennifer Fabian-Verzosa, Esq

It’s only human to fall in love, but what if you want to marry a foreign national who comes from a country on the Visa Waiver Program? Is your love eligible for Adjustment of Status? How about a fiancé petition and visa?

The Visa Waiver Program (VWP) allows citizens of 38 countries to travel to the United States for stays of 90 days or less, without a visa. Travelers only need a valid, unexpired foreign passport (good for at least 6 months beyond their stay), prior ESTA registration and authorization, and they may only come for business and tourism purposes. ESTA stands for Electronic System for Travel Authorization.

If you and your fiancé have just begun planning your life together in the United States, and your foreign national fiancé is not yet in violation of the Visa Waiver Program, it is great that you are exploring your immigration options before doing anything drastic. If you are both willing to wait a little less than a year for processing (5-8 months is the average wait), and you have some money saved up, there is a fully legal and streamlined way for you to petition your fiancé to come to the U.S. (on a K1 Visa) and obtain a green card. However, you have to be a U.S. Citizen to use this route. It is called the PETITION FOR AN ALIEN FIANCE , fully endorsed by the Department of State and United States Citizenship and Immigration Services.

Unfortunately, for some individuals who have been hit by Cupid’s arrow, life is just not that simple.

If you are a traveler on the Visa Waiver Program, generally you cannot adjust status (i.e., obtain a green card) or change to any nonimmigrant or immigrant category while in the U.S. Generally there are no ‘ifs’, ‘ands’, or ‘buts.’ You waive your right to appeal as a precondition of participating in the program. If you overstay past the authorized 90 days, you will no longer be eligible for future swift and convenient travel via the VWP. You will have to apply for a B Visa like the rest of the non-VWP countries, and approval will be more difficult now since you have an overstay on your record. Further, if you overstay long enough, you may run into problems returning to your lover’s arms in the U.S. thanks to the “3/10 Year Bar.”

But where there is a law, there is a way!

Individuals who marry in the U.S. while on the Visa Waiver Program may be eligible for ADJUSTMENT OF STATUS to eventually obtain a green card .

You and your new husband or wife can remain together in the U.S. while your application for permanent residence is pending. However, you must file the application within the 90 day window. Also, this CANNOT be your fiancé’s reason for coming to the U.S. on the Visa Waiver Program, or else that would entail IMMIGRATION FRAUD, with consequences . Therefore, this should never be something you are “planning” to do, but rather the recourse for couples who just “ended up” in this situation for one reason or another. U.S. Customs and Border Protection officers (CBP) are trained to detect preconceived immigration intent at the border, so you do not want to put your fiancé and future marriage at risk.

If you married on the Visa Waiver Program, unfortunately, your application for permanent residence is at risk for more scrutiny and suspicion than the usual application, particularly with regards to the aforementioned preconceived intent .

Thus, it is usually best to seek the assistance and expertise of a U.S. Immigration Attorney to help you meet that evidentiary burden and prepare you for the potential questions at your USCIS interview.

OUR FRIENDLY IMMIGRATION OFFICE can help you get through the adjustment of status process, with less stress . Leave the legal work to us. We assist clients WORLDWIDE and nationwide, offering remote meetings with overseas clients , and online payments and installment plans to fit any budget. Send us an inquiry for a RISK-FREE QUOTE HERE .

Alternatively, if you are interested in the PETITION FOR AN ALIEN FIANCE route, we can also fully assist you throughout that entire process. You do not have to go through it alone. Our office will be l ooking out for you and your future spouse to make sure everything is going OK, as planned . Whether you plan to hold your wedding in the U.S. or another country, we can provide guidance regarding your immigration options before marriage, or after. Please contact our office to get started right away.

*For Article Requests , Republications , or Speaking Engagement s , please email: jennifer@law-jf.com

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Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

________________________________________________________________________________

DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Falling in Love On the Visa Waiver Program: Is a Green Card Even Possible? appeared first on Law Office of Jennifer Fabian-Verzosa .

Can an Overseas Filipino Worker (OFW) Qualify for a Tourist Visa to the USA?

Thu, 18 Feb 2016 03:07:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

In 2013, there were over 4 million Filipino workers employed in other countries worldwide on a “temporary” basis. Over 3 million of those Filipinos were employed in Asia , including the United Arab Emirates (UAE), Malaysia, China, and Saudi Arabia.[FN1]

If you are a Filipino citizen working and residing in another country, i.e., if you are an OFW (Overseas Filipino Worker), also known as an OCW (Overseas Contract Worker), you MAY be able to qualify for a Tourist Visa at a U.S. embassy or consulate NOT in your home country .

It might come as a surprise to learn that it is actually fairly common for a person to apply for a B2 Visa outside of their home country. It happens every day. However, the type of applicants who get approved are those who are able to show a more long-term permanent residence in the place where they submit their application . The reason is because they have to satisfy the requirement of nonimmigrant intent (i.e., intent to return home promptly after their U.S. trip).

Additionally, applicants would have to show sufficient resources to fund their trip . That is yet another different hurdle to overcome.

While it is not “impossible” for an overseas Filipino worker (or any foreign worker in general) to get a Tourist Visa approved at a U.S. embassy other than the one in Manila or their country of citizenship, the biggest concern would be trying to meet the intent to return requirement . This is definitely an issue if someone is only working in the foreign country on a temporary basis.

So….can an overseas worker apply and qualify for a U.S. Tourist Visa at, for example, a U.S. embassy in Dubai or Kuala Lumpur (Malaysia)? Of course. To date, there is no stated policy against it.

However, a U.S. Immigration Attorney would be the best resource for determining:

Whether a worker can satisfactorily meet the requirements; and
Using precisely what evidence

Documenting intent to return to your foreign residence requires an understanding of U.S. immigration law.

Oftentimes applicants are qualified but provide the wrong evidence, or insufficient evidence. This type of reckless behavior leaves you susceptible to even more questioning.

The success of your application also requires an awareness of the procedures at the particular U.S. embassy you are applying at , including good preparation for your consular interview .

It would be a mistake to simply rely on the advice of friends with seemingly similar, but very different situations, or those only repeating stories heard through the grapevine. Your behavior and disclosures during the visa application process can affect your future filings with the US Department of State. You do not want to create a negative record, especially if you want to enter the U.S. in the future .

*For Article Requests , Republications , or Speaking Engagement s , please email: jennifer@law-jf.com

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[FN 1] “Stock Estimate of Filipinos Overseas As of December 2013” (PDF). Department of Foreign Affairs, Philippine Overseas Employment Administration, Commission on Filipinos Overseas. Retrieved 2-17-2016.

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Jennifer Fabian-Verzosa, Esq. is a FIL-AM U.S. Immigration Attorney who SPEAKS TAGALOG and assists foreign individuals (including Filipino citizens) interested in nonimmigrant visas to the U.S. She is the founding attorney of the Law Office of Jennifer Fabian-Verzosa .

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DISCLAIMER : This blog provides general information and is not intended to be legal advice. Use of the information does not establish an attorney-client relationship. Any cases mentioned do not guarantee or predict outcomes in future cases. Some of this information may now be outdated. Please consult an attorney before acting on any material. Please do not submit any time-sensitive or confidential information in the comments below. Any information you send may be publicly-visible and is not protected from disclosure. Jennifer Fabian-Verzosa is the attorney responsible for the content and material on this blog. She is licensed in D.C. and HI, and exclusively practices immigration law in federal jurisdictions.

The post Can an Overseas Filipino Worker (OFW) Qualify for a Tourist Visa to the USA? appeared first on Law Office of Jennifer Fabian-Verzosa .

Top 8 Reasons to Naturalize and Become a U.S. Citizen

Fri, 12 Feb 2016 22:24:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

IF YOU HAVE CALLED THE UNITED STATES YOUR HOME FOR SEVERAL YEARS NOW (OR FOR MANY, DECADES) , there are many reasons why you should consider trading your Green Card for a Certificate of Naturalization.

Putting aside the sentimental and patriotic reasons, U.S. Citizenship also confers several benefits not available to lawful permanent residents (LPR) , even if they have been residing in the U.S. FOREVER . Read on!

1 . U.S. Citizens Can Bring their Immediate Family Members to the U.S. Quicker, and Bring Certain Relatives that Permanent Residents Can’t!

There is no immigration quota or limit for a U.S. Citizen’s spouse, minor children, and parents, which means the waiting time to obtain a green card is significantly reduced. A U.S. Citizen can also obtain green cards for their married adult sons and daughters, including siblings, unlike permanent residents (who are limited to sponsoring only unmarried immediate relatives, except their own spouse).

2. Long Trips and Retirement Outside the U.S., Without the Fear of Losing Permanent Residence.

Thinking about retiring in Italy, the Philippines, or Mexico? Be careful. Permanent residents who take trips outside the U.S. lasting over 6 months are at risk for losing their permanent residence status. Without a prior authorized travel document or extenuating reason for the lengthy absence, a permanent resident could be refused re-entry into the U.S ., even if they have been living in the U.S. for most of their life ; Not so for a U.S. Citizen.

3. Only the Fiancé(e) of a U.S. Citizen is Permitted to Obtain a Fiancé(e) Visa (K-1 Visa) and Qualify for the Fiancé Green Card Petition Process .
It can take many years for the newly-married spouse of a permanent resident to obtain a green card to come to the United States. While the fiancé(e) or newly-wedded spouse of a U.S. Citizen can remain in the U.S. pending permanent residence approval, the fiancé(e) or newly-married spouse of a permanent resident generally has no comparable legal basis to stay in the U.S. while awaiting his or her green card.

4. The Risk of Deportation and Removal Never Goes Away for Permanent Residents.

Non-U.S. Citizens and their non-U.S. Citizen children can be removed from the U.S. if they commit certain crimes or engage in certain illegal activity at any time while they are in the U.S.

5. U.S. Citizenship Benefits Pass to Children.

Children of permanent residents cannot derive U.S. Citizenship from their parents, no matter how long the parent and child have been living in the U.S. However, once a parent naturalizes, his or her “children” can automatically become U.S. Citizens as of the date of their parent’s naturalization if they are LPRs in the U.S. and still under their parent’s custody.

6 . Special Survivor Immigration Benefits Accorded to Immediate Family Members of U.S. Citizens Killed During Active U.S. Military Service.

These benefits are simply not available to LPRs, unless they are awarded U.S. citizenship “posthumously.” I discuss survivor benefits a little more in this article .

7 . Assistance from U.S. Consulates and Embassies Worldwide.

I hate to say it, but the world is increasingly becoming a dangerous place, and when you are abroad, it’s a relief to know you have somewhere to go for help when you need it. In the event of an emergency evacuation or crisis overseas, the Department of State has said that its priority is assisting U.S. Citizens . In addition, the consulate can help you quickly replace a lost or stolen U.S. passport .

In contrast.if you are a permanent resident and you lose your foreign passport or need immediate assistance when you are outside of the U.S., you will have to contact the embassy of the foreign country listed in your passport. This applies even if you have called the U.S. your home for a number of years.

8 . It Costs Way More to Renew Your Green Card, and It Takes Longer to Receive It.

When you naturalize, you will no longer need to renew your green card every 10 years. The cost of renewing a green card is TRIPLE that of renewing a U.S. passport: $365 plus the $85 biometrics fee, as of the date of this article. Although you do need to renew a U.S. passport every 10 years, it only costs $110 plus a $25 execution fee. (*Update: Filing fees for both U.S. Citizenship and green card renewal will increase before the end of this year, so act fast! Read more HERE .)

Plus, if you want to travel abroad, you will still also have to factor in the costs of renewing your foreign passport.

Time-wise, the wait to receive a green card after renewal can take months, at times 6-10 months. In contrast, you can receive a U.S. passport within a couple of weeks if you renew in-person, or a few weeks if you renew by mail.

There are OTHER MISCELLANEOUS BE NEFITS to U.S. Citizenship, including: voting rights , eligibility for certain government positions, educational scholarships, and more . I leave those out here because I feel other blogs have already touched on those issues.

Soon I will also be posting an article on the inevitable rise of USCIS Naturalization Filing Fees . The fees have more than doubled and tripled within a 14 year timeframe. (Please bookmark this site if you are interested in that post.)

Our office offers Naturalization Legal Services for a flat fee that may be paid over time in 3 affordable installments . If you are interested in learning more about what you will receive with our complete naturalization package, please click here .

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*For Article Requests , Republications , or Speaking Engagement s , please email: jennifer@law-jf.com

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Abraham Lincoln: The 16th President’s Effect on Immigration Law

Fri, 12 Feb 2016 05:00:00 GMT

By: Jennifer Fabian-Verzosa, Esq.

ON LINCOLN DAY, Americans celebrate the life of Abraham Lincoln. “Honest Abe” was a great many things to this country, and still is. He was a dedicated lawyer, principled president, visionary leader, and unforgettable speaker.

Lincoln Memorial, Washington D.C.

On March 4, 1865, in his Second Inaugural Address , President Lincoln spoke of the nation’s obligation:

to care for him who shall have borne the battle, and for his widow, and his orphan….”

At the time, the Civil War had drained the nation of so many lives, and President Lincoln saw the toll and suffering it had bestowed on American families. The casualties of war had left countless widows and orphaned children. In his speech, the late president called on the nation to always honor the courageous men and women who serve in the nation’s battles, and make it an American duty to care for their surviving family members.

His words still resonate today, in U.S. immigration law:

Section 1703 of Public Law 108-136 [FN1], which amended the Immigration and Nationality Act (INA), bestows special survivor benefits to the family members of deceased military personnel. U.S. immigration law provides a fast track to permanent residency and U.S. citizenship for the SURVIVING SPOUSE, CHILD, AND PARENTS of deceased U.S. Citizens who honorably served in the U.S. Navy, Army, Marine Corps, Coast Guard, and Air force, including certain members of the National Guard and Selected Reserve of the Ready Reserve.

The immediate relatives of deceased non-U.S. Citizen service members (lawful permanent residents) may also qualify for survivor benefits if the deceased service member is found to be eligible for posthumous citizenship.

Widow(er)s, children, or parents may be eligible to “self-petition” themselves and avail of immigration benefits in recognition of the honorable service of their deceased loved one.

Our law office shares President Lincoln’s deep appreciation for the U.S. military and acknowledges the sacrifices borne by their families. It would be a great pleasure to assist you with obtaining your immigration benefits.

Happy Lincoln Day and our office wishes everyone a safe and wonderful Presidents Day weekend.

*For Article Requests , Republications , or Speaking Engagement s , please email: jennifer@law-jf.com

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[FN 1] National Defense Authorization Act of 2004 (NDAA 2004), Pub. L. No. 108-136, 117 Stat. 1392 (2003).

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Blog – Law Office of Jennifer Fabian-Verzosa

Studying Abroad Without Losing Your Permanent Resident Status (or Your Mind)

Studying abroad as a Green Card holder is doable, but takes a little more steps than your U.S. citizen friends. This post will discuss how to go global without losing your permanent residency.

Reentry Permit

Keep The Paper Trail Alive

A Reentry Permit is like an insurance policy. It supports that you intend to come back to the States.

The Naturalization Clock

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

** Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**

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Your Immigration Guide to Bringing Your Valentine Home

So, you’ve found "The One," and they just happen to live on the other side of a giant ocean. First off, congrats! Finding your soulmate in this great big world is not easy, and for international couples, that journey is filled with milestones, rest stops, and a whole lot of paperwork.

Let’s break down your two main options for your overseas Valentine: the K-1 Fiancé Visa and the CR-1 Spouse Visa .

The K-1 Fiancé Visa

The CR-1 Spouse Immigrant Visa

One question I get all the time is: Is it "Safe" to Immigrate Right Now?

1. The "Extreme Vetting" Era

2. The 75-Country "Pause"

3. The Interview

4. Financial Sponsorship

More than ever, you need to be able to heavily document that your Valentine will not be reliant on public benefits when he or she immigrates to the U.S.

Pro-Tips for Your Love Story Success

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

** Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**

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How to Expedite your Immigration Case with USCIS

This article explores how to expedite your I-130 FAMILY Petition or I-765 Employment Authorization Application with USCIS.

What is an Expedite Request?

First Step: Do You Qualify?

How to Submit the Request

How will I be notified of the decision?

What happens if my Expedite Request is denied?

My Expedite Request has been approved. Now what?

Additional Tips

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

** Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**

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Waiver for Misrepresentation: A Path to Forgiveness

FOR MANY PEOPLE, IMMIGRATING TO THE UNITED STATES IS THE CULMINATION OF A LIFELONG DREAM. HOWEVER, THAT DREAM CAN BE PUT AT RISK BY A PAST MISTAKE, SUCH AS MISREPRESENTATION OR FRAUD.

“Misrepresentation” in Immigration

The Key to Forgiveness is Proving "Extreme Hardship"

The Application Process

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

** Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**

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Overview of I-601A Provisional Waiver for Unlawful Presence

FOR UNDOCUMENTED INDIVIDUALS LIVING IN THE UNITED STATES, THE I-601A PROVISIONAL WAIVER MAY BE A POTENTIAL PATHWAY LEADING TO A GREEN CARD. THIS POST EXPLAINS THE GENERAL PROCESS, AND PROS AND CONS OF THIS SPECIAL WAIVER.

What is the I-601A Provisional Waiver, and who is it for?

Benefits :

Cons :

When to File the Waiver:

What happens after the Waiver is Approved?:

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

** Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**

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Navigating Changes in the Naturalization Application Process: Year 2025 in review

IN 2025, APPLYING FOR U.S. CITIZENSHIP UNDERWENT SEVERAL TRANSFORMATIONS: POLICY SHIFTS, HEIGHTENED VETTING STANDARDS, AND CHANGES IN TESTING. IF YOU WERE THINKING OF APPLYING, KEEP READING FOR AN OVERVIEW OF THE CHANGES, SO YOU CAN BE PREPARED.

Additionally, naturalization applications from nationals of the following countries will have their N-400 applications put “on hold”, for extensive vetting and re-review =

So, given all these changes, should a current lawful permanent resident apply for U.S. citizenship now, or wait until later?

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

** Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**

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From Military Parole in Place to Adjustment of Status

BEING APPROVED FOR MILITARY PAROLE IN PLACE (PIP) IS A SIGNIFICANT AND POSITIVE STEP FORWARD FOR ELIGIBILE FAMILY MEMBERS OF U.S. MILITARY PERSONNEL AND VETERANS. THIS ARTICLE EXPLORES THE NEXT STEPS TO OBTAIN A GREEN CARD AFTER APPROVAL.

1. Check whether you are eligible for Adjustment of Status:

2. Gather all the necessary documentation:

3. File for Adjustment of Status:

4. After Filing:

5. Important Considerations:

*For Article Requests, Republications, or Speaking Engagements, please email: jennifer@law-jf.com

LEARN ABOUT OUR NATIONWIDE IMMIGRATION SERVICES:

** Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.**

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USCIS Reverses Course on Gender Markers on Immigration Forms

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.

Jennifer Fabian-Verzosa, Esq. is the founding attorney of the Law Office of Jennifer Fabian-Verzosa , an immigration law practice that provides local and remote immigration assistance to clients throughout the U.S. and worldwide.