Pitfalls When Sponsoring a Parent for a Green Card, Updated
Are you looking to sponsor a parent for a green card? The process can be trickier than you think.
Editor’s Note: this post was originally published in April, 2019 and has been completely updated for accuracy and comprehensiveness.
Are you looking to sponsor a parent for a green card? The process can be trickier than you think.
In addition to all of the possible issues that can come up when sponsoring any relative for a green card (see our blog post “Why you need a lawyer for your marriage-based green card case” dated May 24th, 2018), there are a number of things to watch out for when sponsoring a parent specifically.
1. You must be a U.S. citizen to sponsor a parent for a green card.
A common misconception is that a lawful permanent resident can sponsor a parent for a green card. That is not the case. You must first obtain U.S. citizenship in order to sponsor your parent.
2. A lawful entry to the U.S. is generally required for someone residing in the U.S. to be eligible to obtain a green card.
Commonly a parent of a U.S. citizen entered the U.S. many years ago, without a visa. In this scenario, that parent is not eligible for a green card through sponsorship by a U.S. citizen child, unless they can prove substantial hardship to a qualifying U.S. citizen or permanent resident relative. Because a child is not considered a qualifying relative, this is impossible in many cases.
If this is true for your parent, then there may be another way for them to get their green card.
3. If your parent entered the U.S. lawfully as a visitor, but has only been here a short time, their intent at entry will be scrutinized.
Entering the U.S. with a visitor’s visa with the intent to remain permanently can be considered visa fraud. In this internet age, the U.S. government has access to more information than ever about a green card applicant, including social media accounts. It is important to consult an experienced immigration attorney to ensure that there is no indication of a misrepresentation at the time of entry.
4. Immigration officers now have more discretion in deciding whether to approve a green card application, and are directed to consider all possible factors including prior immigration violations, history of education and employment in the US, and current US investment or property ownership.
This may make the process more challenging for an elderly parent of a US citizen who has possibly overstayed a visa in the US and has never worked or owned property in the US.
How can Hurtubise Weber Law help? We have extensive experience representing U.S. citizens who sponsor their parents for green cards.
Contact us for a free 15 minute phone call to learn more about the process: theteam@huwelaw.com or 415-496-9040.
Can You Apply for a Green Card Next Month? Check the August Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for August 2019 to see if your priority date is current next month.
USCIS has determined that in August, the Dates for Filing Chart must be used for family-sponsored green cards, with the exception of F2A category applicants, who may use the Final Action Dates chart. The Final Action Dates Chart must be used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Can you apply for a green card this month? Check the May Visa Bulletin!
Have you been “waiting in line” for a green card to become available in your preference category? You can check the U.S. Department of State Visa Bulletin for May 2019 to see if your priority date is current this month.
USCIS has determined that in May, the Dates for Filing Chart must be used for family-sponsored green cards, and the Final Action Dates Chart used for employer-sponsored green cards.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application?
Contact us at theteam@huwelaw.com or 415-496-9040 today.
New USCIS policy regarding NTA issuance goes into effect
On October 1st, 2018, United States Citizenship and Immigration Services (USCIS) began implementing a new policy regarding the issuance of a Notice to Appear in immigration court (NTA) following the denial of an application or petition.
On October 1st, 2018, United States Citizenship and Immigration Services (USCIS) began implementing a new policy regarding the issuance of a Notice to Appear in immigration court (NTA) following the denial of an application or petition.
USCIS has explained that it will take an incremental approach to implementing the policy, which is described here in a memorandum dated June 28th, 2018:
https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf
What is the new policy?
• Starting October 1, 2018, USCIS will issue NTAs on denied status-impacting applications, including but not limited to form I-485 applications for adjustment of status (“green card” applications) and form I-539 applications to extend or change nonimmigrant status.
• In the future the memo will also likely be implemented with respect to employment-based petitions (for example H-1b visa applications) and humanitarian applications and petitions.
• Withdrawing an application will not cancel USCIS’s authority to issue an NTA. USCIS may issue an NTA even if the applicant or petitioner withdraws the application.
Why is the new policy important?
The new policy represents a major shift in deportation priorities. Previously, an applicant or petitioner was not automatically referred to immigration court if their request for a status-impacting benefit was denied.
It is now more important than ever to ensure that an application is properly filed and presents the strongest possible evidence, to avoid a denial.
For advice and assistance regarding your specific immigration situation, please contact us at 415-496-9040 or theteam@huwelaw.com.
July 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for July 2018. In addition to the final action dates and dates for filing charts, the bulletin also includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and retrogression of several employment-based final action dates.
The U.S. Department of State has released the Visa Bulletin for July 2018. In addition to the final action dates and dates for filing charts, the bulletin also includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and retrogression of several employment-based final action dates.
USCIS has advised that in July, family-based preference filings must use the dates for filing chart and employment-based preference filings must use the final action dates chart.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-july-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
June 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for June 2018. In addition to filing and filing action dates, the bulletin includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and visa availability for Mexico E4 and SR.
The U.S. Department of State has released the Visa Bulletin for June 2018. In addition to filing and filing action dates, the bulletin includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and visa availability for Mexico E4 and SR.
USCIS has advised that in June, family-based preference filings must use the Dates for Filing Chart and employment-based preference filings must use the Final Action Dates chart.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
May 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for May 2018. In addition to filing and filing action dates, the Bulletin also includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and oversubscription of the Vietnam EB-5 category.
The U.S. Department of State has released the Visa Bulletin for May 2018. In addition to filing and filing action dates, the Bulletin also includes notes on the diversity visa cut-offs, special immigrant translator visa availability, and oversubscription of the Vietnam EB-5 category.
USCIS has not yet advised whether in May, it will be accepting adjustment of status and immigrant visa applications based on filing dates or final action dates.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
April 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for April 2018. In addition to filing and filing action dates, the Bulletin also includes information on diversity visa cut-offs, the special immigrant translator visa availability, over-subscription of the China-mainland born and India EB-1 categories, and visa availability in the Vietnam EB-5 category.
The U.S. Department of State has released the Visa Bulletin for April 2018. In addition to filing and filing action dates, the Bulletin also includes information on diversity visa cut-offs, the special immigrant translator visa availability, over-subscription of the China-mainland born and India EB-1 categories, and visa availability in the Vietnam EB-5 category.
USCIS has advised that in April, it will be accepting adjustment of status applications based on filing dates for family-based cases, and final action dates for employment-based cases.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-april-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
March 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for March 2018. In addition to filing and filing action dates, the Bulletin also includes information on diversity visa cut-offs, the special immigrant translator visa availability, visa availability in the Vietnam employment fifth preference category, and the scheduled expiration of two employment visa categories.
The U.S. Department of State has released the Visa Bulletin for March 2018. In addition to filing and filing action dates, the Bulletin also includes information on diversity visa cut-offs, the special immigrant translator visa availability, visa availability in the Vietnam employment fifth preference category, and the scheduled expiration of two employment visa categories.
USCIS has not yet advised whether in March, it will be accepting adjustment of status applications based on filing or final action dates.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-march-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
February 2018 Visa Bulletin Released
The U.S. Department of State has released the Visa Bulletin for February 2018. In addition to filing and filing action dates, the Bulletin includes information on includes information on the diversity visa cut-offs, the Special Immigrant translator visa availability, the scheduled expiration of two employment visa categories, and visa availability in the coming months.
The U.S. Department of State has released the Visa Bulletin for February 2018. In addition to filing and filing action dates, the Bulletin includes information on includes information on the diversity visa cut-offs, the Special Immigrant translator visa availability, the scheduled expiration of two employment visa categories, and visa availability in the coming months.
USCIS has advised that in February, it will be accepting adjustment of status applications based on filing dates for family-based cases. However, final action dates must be used for employment-based cases.
To view the full Bulletin, please visit:
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-february-2018.html
To discuss your immigration goals, please contact us at theteam@huwelaw.com or 415-496-9040.
