As I have said before and must say yet again. I am a paralegal not a lawyer, so this is in no way to be taken as, meant to be or construed as legal advice. This is legal information only. Let’s not forget that when a Paralegal and or a Lawyer becomes involved your problem becomes an ISSUE.
Okay Folks, last time we talked it was about the Green Card Lottery, now let us talk about another way to a green card. A K-3 non-immigrant visa or Marriage Green Card.
There is a long-standing fairy tale, that with a quickie marriage an immigrant cannot be deported. For once married an immigrant automatically becomes an US Citizen. If that was ever true it no longer true. It is possible to use marriage to become a U.S. lawful permanent residence or help an immigrant get a green card.
Most marriages are recognized unless they come into conflict separately with federal law. For example same-sex marriages were not recognized until the Defense of Marriage Act was repealed in 2013.
However don’t ever believe one of these marriage is a quick fix. Once you have completed all the paperwork and gathered all the evidence needed, it could almost two years to get that application processed. That is if all the forms and documents I’s were doted and T’s were correctly crossed the first time. Let us not forget ‘clerical error’.
Okay let’s start with marriage and children and the paperwork involved…
If the intended spouse comes from a country that recognize and accept same-sex marriage and the couple chose marriage then the marriage must take place in the spouse’s country. Then the United States will recognize such a marriage as legal and valid. The same holds true if a marriage takes place in one of the States that recognized same-sex marriage granting a spouse all the same rights and privileges a marriage visa grants heterosexual marriage.
Unfortunately minor children are not automatically included in A K-3 non-immigrant visa or the Marriage Green Card. However with a little more paperwork the can be.
1. So if a foreign spouse was married once before or fooled around a little while somewhat younger and now has a couple minor aged children. A foreign spouse does not have to leave or abandon them when a spouse marries an American citizen. You just include Form I-130, U.S. citizen immediate relative with the marriage visa application. This application is supposed to be given equal processing priority the same as your K-3 Marriage Green Card application. Same-sex applications that include an I-130 are to be treated just the same.
You know there are a lot of different types of Green Cards associated with a Marriage Green Card. Like a fiancé visa, visas to bring Mom and Pop and or Cousin Fred.
Next week more on the Green Card Marriage.
Once again, I am a paralegal not an attorney. So this is in no way meant to be, taken as, or construed as legal advice. This Blog is intended to be legal information only. Also let us not forget that when a lawyer and or a paralegal becomes involved your problem becomes an ISSUE.
Okay, let’s get this show started than. I think we’ll started with the infamous Green Card. The quote Green Card was created in the 1950’s as part of the Immigration and Nationality Act. A Green Card had two major purposes. First as Photo-ID Card issued to a foreign national. Then it allows an alien to live, work and pay taxes in the United States. A Green Card holder gets to do this without giving up citizenship in their home country. Yes, Martha legal immigrants do have to pay taxes.
However over the years the term Green Card has become generic. Meaning everything from a immigration Photo-ID Card, to allowing an applicant to attend school in this country. It to even includes the type of ink used to validate a travel visa when you come back from abroad.
Believe it or not there is a Green Card lottery. Playing the Green Card Lottery is only slightly more complicated than playing power-ball. You see Instead of buying a scratch ticket like for any of the money lotteries, all an applicant fills out a set of forms including a photo submitting them online. Each year the State Department accepts Lottery applications from October 1 to November 3. Than all an applicant has to set back and wait. Hoping and praying to win.
Side-Note: Until 2009 a lottery applicant could mail in hard copies to the US State Department but now an applicant can only submit their application online.
Note: If an applicant wins they can bring their spouse and or children with them if they were listed on the entrance application.
This Green Card lottery is held each a year by the US State Department not Homeland Security. Each year, 55,000 immigrant visas (Green Cards) are awarded in this lottery. This Green Card lottery was created as an official program pursuant to Sec. 203 (c) of the Immigration and Nationality Act. The idea behind this is to diversify who immigrate to our county. Opening the door to immigrants from 3rd and 4th world countries. This Green Card lottery is also supposed to open the door for low-income emigrates from other countries.
According to the rules there is only two things that can disqualify an applicant’s Green Card lottery application. First is trying to enter the lottery from a country on the disavowed list. Such as Brazil,
Ecuador and or the Dominicans Republic who are on the State Departments naughty list. other countries like Great Britain and or India who were disavowed for other reasons. Than not having the skills or education an applicant claims to have
WARNING: The countries on the State Departments naughty list. This list of naughty countries changes and changes frequently. So keep an eye on that list.
Now here is the catch if an applicant wins the State Department will not notify them. An applicant has to go online every few weeks. Just to see if they had won. The only thing a winner has to pay are the travel costs to get them here.
With what is going on in Texas and Arizona, I have decided to explore Immigration Law. Besides, I think most of you know my real reason for becoming so concerned about what happens to ‘just a few damn illegals’; SO,
As before I am a paralegal, I am not a lawyer. My articles are in no way intended to be, to be taken as, construed for or mistaken for legal advice. This is legal information only. Intended to equip you ask the best questions. Questions, you need to get the best help from your lawyer. Let’s not forget that when a lawyer of a paralegal becomes involved your problem becomes an ISSUE.
One of the areas I want to get into, is why so many people are using the backdoor trying to get into America. Instead of using the quote front door.
First thing, I found out is the sheer cost. It will cost an immigration applicant as much as $30,000 in fees to get a Green Card. This of course is spread out over the 180 days it is supposed to take to accomplish all the requirements needed to get a Green Card. That is if you complete all the assigned tasks get all the paper work filled out correctly the 1st time.
I have talked to a number of lawyers and they tell me it is extremely difficult to make it through getting a Green Card. It seems that Green Card applicants are faced with there are a lot of seemingly deliberate and not quite accidental set of the obstacles.
All right, let’s start with notifications. An applicant is supposed to receive a letter letting them know when and where to report, to get fingerprinted or when they can see a judge etc. Now according to Amin Law; I have read notification letter is supposed to arrive in plenty of time for an applicant to prepare for and accomplish a task listed in the letter. You know Locate the office were they have to be, get the day off work, hire a babysitter, whatever. Just so you know some applicants are living a considerable distances from any of Immigration’s scattered offices.
Now for the bad news, I have been told by several lawyers that applicants are getting their notification letters with as little as 24hr notice. Sometimes the day of and even the day after an applicant was supposed to appear.
Now, if a Green Card applicant fails to appear for any court room appearances, or misses or is late for any of appointment they were ‘notified’ of with staff and or contract examiner their application is automatically dismissed. To begin the process all over, including paying all those fees all over again.
Just so you know all the application, processing and finger printing background check fees are lost. Forcing the applicant to start the entire process over from the beginning.
Next time I will try to explore some of the changes to Immigration Law since 1940