Monday, January 11, 2021

Strong Ties


 Why Immigrants With Strong Ties to the US Should Be Allowed to Stay


This article is part of the Moving Forward on Immigration series that explores the future of immigration in the aftermath of the 2020 presidential election. 

The Biden administration will soon lead a vibrant nation of immigrants—a nation that includes millions of noncitizens with deep ties to the United States who are at risk of deportation.

This important and diverse population includes immigrants who have lived in the United States for many years, have close family in this country, and make meaningful contributions to their communities, the workforce, and the economy.

Until we have a legislative solution, the administration must use all available tools to provide stability and protection for long-residing immigrants and their families.

Protect People with Temporary Protected Status

Temporary Protected Status (TPS) is a legal status available to people from certain designated countries suffering from natural disasters, armed conflict, or other extraordinary circumstances. People living in the United States at the time their country is designated for TPS may apply for protection, which includes temporary permission to stay and work authorization.

The Biden administration should issue new designations for those countries that the Trump administration sought to terminate—El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.

While court orders have delayed the termination of TPS for these countries, TPS holders will be in legal limbo unless the new administration acts.

Monday, January 4, 2021

Spouse Green Card


 

Helping Your Spouse Get a Green Card

A U.S. citizen or permanent resident can help a spouse get an immigrant visa (green card). Here's how to start the process and get the quickest processing.

A “spouse visa” in this article is a term to refer to an immigrant visa (green card) for spouses. The U.S. government may issue a spouse visa to the foreign national spouse of a U.S. citizen or permanent resident. For couples who have been married more than two years, the U.S. Department of State will issue an “IR1” visa. On the other hand, spouses who have been married less than two years get a “CR1” visa. This code indicates that the new permanent resident (green card holder) is a conditional resident. In fact, most spouse visa beneficiaries are approved as conditional residents.

Immigration officials, from the U.S. Department of State and also U.S. Citizenship and Immigration Services (USCIS), scrutinize spouse relationships more than other types of immigrant visa applications. That’s because there’s been an historically high rate of visa fraud for marriages as compared to other relationships. Therefore, immigration officials want reassurance that the marriage is legitimate and that the foreign spouse is obtaining a green card based on a genuine relationship.


Requesting the Spouse Visa


To start the process of applying for the spouse visa, you have to submit some forms. In other words, all of the forms are not filed together. Initially, the U.S. citizen or permanent resident files Form I-130 and I-130A with USCIS. Form I-130 is a request by the U.S. citizen or permanent resident to make a visa available to a foreign national spouse.

It’s extremely important to prepare a complete I-130 petition package with all of the necessary supporting documents when filing for a spouse visa. USCIS may send a Request for Evidence (RFE) if any information is missing. This additional step will delay the case and increase the time it takes to approve the petition. The typical I-130 petition package.