Tag Archives: immigrant visa
Humanitarian Parole Granted
I have a client for whom I was recently able to obtain humanitarian parole. My client was living outside the United States. Her parents obtained immigrant visas, which enabled them to enter the United States as permanent residents. But she would need to wait many years before she would be eligible to obtain an immigrant visa. She is a person with special needs, including a cognitive impairment, and she is not able to live by herself. If we were not able to obtain a solution for her to enter the United States, then her parents would have remained with her, and they would not have been able to immigrate and become permanent residents.
We presented the application to USCIS, which granted Humanitarian Parole to my client. She was able to enter the United States along with her parents. Eventually, after a number of years, she will be able to apply for permanent resident (green card) status.
USCIS indicates that they grant about 25 percent of the applications they receive for Humanitarian Parole, and they deny the rest. For this reason, if you believe that you or a family member might qualify for Humanitarian Parole, then it is advised that you work with an immigration attorney to have the best chance of success.
I would be happy to work with you to explore the possibilities for Humanitarian Parole.
3 Different Ways to Permanent Residence Based on Marriage
Many of my clients are persons who are either engaged to be married, or are already married. Usually, one of the persons is a U.S. citizen or lawful permanent resident of the United States, and the other person is a citizen of another country and would like to obtain lawful permanent resident status in the United States.
For many persons, there are generally 3 different ways to move forward in the process of obtaining permanent resident status.
Fiance/Fiancee Visa: For persons who are not yet married, one option is an application for a fiance/fiancee visa. Please note that only U.S. citizens may file a fiance/fiancee visa petition. The fiance will attend a visa interview at the U.S. Consulate in the home country or in a country where the fiance has permission to reside. Upon approval, the fiance travels to the United States, and then must marry the U.S. citizen petitioner within 90 days of entering the United States. If they do not marry, then the fiance must depart the United States. As soon as they marry, then the fiance may apply for permanent resident (green card) status.
Immigrant Visa: Another option is for the persons to legally marry, either in the United States or in any country in which the marriage may be legally performed. After the legal marriage, the U.S. citizen or lawful permanent resident spouse files a petition for his/her spouse. The spouse will attend a visa nterview at the U.S. Consulate in the home country or in a country where the fiance has permission to reside. Upon approval, the spouse travels to the United States and enters with the immigrant visa. The date that the spouse enters the United States is the date that the person becomes a lawful permanent resident (green card status).
Adjustment of Status: A third option, for certain persons who are present in the United States, is for a married couple to apply for adjustment of status in the United States. “Adjustment of status” is a term that means that the applicant is applying to become a lawful permanent resident of the United States while the person is in the United States. This procedure, if successful, means that the applicant does not need to attend an interview at a U.S. Consulate outside the United States.
Each of these three options has certain advantages and disadvantages. Moreover, each of these options is only available to certain persons who meet the requirements and for whom the option is beneficial to them.
I have considerable experience with each of these 3 pathways to lawful permanent resident status. I would be glad to communicate with you about these options.
The New Provisional Waiver
DHS has published the new provisional waiver rules. USCIS will begin to accept applications for provisional waivers on March 3, 2013.
The new waiver process allows certain people to apply for waivers in inadmissibility while remaining in the United States. If the waiver is approved, then the applicant goes abroad for an immigrant visa interview.
Consular Processing: Applying for permanent residence from outside the United States
For some people who wish to become permanent residents of the United States, their best option is to do “consular processing” – attending an interview at a U.S. Consulate in another country. For example, if you live outside the United States, or if you are not eligible to apply for permanent residence from inside the United States, you might be eligible for consular processing at a U.S. Consulate – most likely the consulate in your own country.
Under the “Resources” section of our website, we have some brief documents that outline various aspects of Immigration Law.