They also include involvement in Nazi persecutions, genocide, torture, and particularly severe violations of religious freedom. An exception is if you are a qualified spouse of a U.S. citizen, in which case your continuous residence must be at least 3 years to qualify for naturalization. Legal Ethics & Professional Responsibility, Birth Tourism, Frequent/Extended Trips, Immigration Status Change: 3 Things That Often Prevent Entry to the U.S. (even though they are not strictly prohibited), Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Unless you are an INA 245(i) applicant or a V​iolence ​A​gainst ​W​omen ​A​ct (VAWA)​ applicant​, you must meet the Inspected and Admitted or Paroled Requirement to qualify for AOS under section 245(a). Congratulations, Habib! Posted in adjustment of status, good moral character, green card, immigrant petition, immigrant visa, K-1 visa, nonimmigrant visa, The Legal Immigrant - Immigration Blog, waiver, Tagged adjustment of status, Application to Register Permanent Residence or Adjust Status, Form I-485, INA 245(a), permanent resident, permanent resident status. It must be signed, accompanied by the ​proper filing fee (unless a fee waiver is granted), submitted ​at the correct filing location​,  and filed when the priority date is current. Comments Off on 5 Questions to Ask Yourself Before You File for Naturalization (U.S. But if you wait to apply for naturalization at least 4 years and 6 months after returning to the United States and reestablishing residence, there would not be a presumption of a break in residence because the period of absence preceding the application date is now less than 6 months. If you lie on your Form N-400 application or during the naturalization interview,  and you are caught, USCIS will deny your application for lacking good moral character. March 26-28, 2020. at least 6 months from the end of the relevant statutory period. A good lawyer will help you prove your qualifying relatives would suffer extreme hardship if they are separated from you while you are abroad, or if they move overseas to be with you. illegal re-entry to the U.S. following a removal order or accrual of unlawful presence lasting one year or more, on or after April 1, 1997. [Immediate relatives of a U.S. citizens and VAWA-based applicants are exempt from this INA 245(c) bar. Luckily, my client had already completed the 10 years while she was waiting for the unlawful presence bar to run. She was super-nervous because her case had been going on for years, and the facts were quite complex. 3. Otherwise, you may re-file the application with new, material evidence. Immigration Consequences of Criminal Offenses: Myths & Facts. (Do you meet the Continuous Residence requirement?).

But as long as the section 212(a)(6)(C)(i) bar holds, you will need a 212(d)(3) nonimmigrant waiver or a Form I-601/212(i) immigrant waiver to be admitted to the United States.

Conditional Bars to Establishing Good Moral Character. A request for change of status through the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status, or Form I-129, Petition for a Nonimmigrant Worker, with U.S. While USCIS is not required to follow the Consulate’s 30/60 day policy, it sometimes uses it as guidance. 0000022319 00000 n Examples are: (1) applicant’s primary purpose for travel is to visit a dying family member, and during the visit the applicant may give birth in the United States because the pregnancy due date overlaps with the family member’s last expected months of life; (2) medically complicated pregnancy and arrangement for specialized medical care in the United States, because such specialized care is not available in or near the country where the applicant resides. Such evidence is also essential to showing the positive factors outweigh the negative factors in your case. U.S. immigration law allows nonimmigrants to change from one status to another (such as B-1/B-2 visitor to F-1 student, H-1B professional worker, or H-2B nonagricultural seasonal worker) or file for asylum within the U.S. if they meet the eligibility criteria.

With few exceptions (which apply to U.S. nationals and certain members of the U.S. armed forces), you must first be lawfully admitted as a permanent resident before you may file for naturalization when you are 18 or older. Immigration and Naturalization Service (INS) Attorney (1976-82) ​a Mexican ​n​ational admitted with ​a B-1/B-2 Visa and Border Crossing Card ​(Form DSP-150) ​at a land or sea ​port of entry​ as a visitor for business or pleasure ​for a period of 30 days to trave​l within 25 miles of the border; a ​Mexican ​n​ational in possession of a ​Mexican diplomatic or official passport. ], Foreign national who was admitted to the U.S. on a K-1 nonimmigrant ​fiancé(e) visa, but did not marry the U.S. citizen who filed​ ​the petition or foreign national who was admitted as the K-2 ​nonimmigrant​ child of a fiancé(e)​ ​whose parent did not marry the U.S. citizen who filed​ ​the petition.​, INA 245(a) Adjustment of Status (AOS) Eligibility Requirements.
USCIS will consider the totality of the circumstances and weigh favorable and unfavorable factors, when considering reformation of character, including family ties; absence or presence of other criminal history; education; employment history; other law-abiding behavior (e.g. Even if a person otherwise qualifies for section 245(i) benefits, he is not eligible for AOS when the permanent bar under section 212(a)(9)(C) applies. moral turpitude that carries a potential sentence of a year or more, if the person committed the offense within five years “after the date of admission.”2 Recently the BIA reversed past decisions and made a good rule for when an adjustment of status to permanent residency will or … Abandonment of LPR status makes you ineligible for naturalization. more than 30 days but less than 60 days after arrival.  On December 10, 2019, USCIS issued policy memo regarding what constitutes good moral character for naturalization purposes. For legal advice, consult an experienced immigration attorney.

Client Reviews Learn about the bars to a good moral character finding, and how to prove one's good moral character. Traveling to the United States on a visitor visa for the purpose of giving birth to a child is commonly known as Birth Tourism.
Adjustment of Status within a month) for another extended stay do not reflect the travel patterns of a real visitor.

5. The earliest she may apply (or re-apply) for naturalization is December 26, 2022, i.e., Comments Off on Approval of Form I-212 + Grant of Immigrant Visa= A True Success Story, Posted in expedited removal, good moral character, immigrant petition, immigrant visa, nonimmigrant visa, success story, The Legal Immigrant - Immigration Blog, waiver, Tagged Form I-212, illegal reentry, immigrant visa, INA 212(a)(9)(C)(i), unlawful presence. The U.S. consular officers and customs officers expect you to use the visitor visa or ESTA/Visa Waiver program to engage in tourism and recreational activities, visit family and friends, and conduct other temporary visit activities. The I-360 instructions specifically […] The Form I-485 must be filed with USCIS in accordance with ​the ​form ​instructions, when you are physically present in the United States. own or lease a home); and having immediate family members or strong family ties in the U.S. Immigration Government Processing Times An applicant for naturalization must show that he or she has been, and continues to be, a person of good moral character. Comments Off on Who is Eligible (and Not Eligible) for Adjustment to Permanent Resident Status? Education:  Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade or pay level; availability of special requirements, such as training programs or internships in specific fields. There are two types of absences from the U.S. that break the continuity of residence for purposes of naturalization: 1. Topic: TBD (Once 4 years and 1 day have passed from the date of your return to the United States, the period of absence from the United States that occurred within the past 5 years is now less than 1 year. Using ESTA (Electronic System for Travel Authorization) if you are an eligible applicant from a Visa Waiver Program-eligible country allows you visit the United States for 90 days or less. Here are the answers to the Immigration Quiz from our winner, Habib: “1. However, it is clear that this guidance will affect not only applicants for naturalization, but also those applying for adjustment of status and other types of immigration benefits including cancellation of removal. Eligibility for an immigrant visa depends on the immigrant category in which you are filing for adjustment.

She had just received a message from her brother stating he received the I-212 approval notice! Any B nonimmigrant visa applicant who you have reason to believe will give birth during their stay in the United States is presumed to be traveling for the primary purpose of obtaining U.S. citizenship for the child. There are certain convictions or criminal offenses that permanently bar you from establishing GMC for naturalization. You must present a credible claim and submit supporting evidence, such as​ ​third party ​affidavits ​from those with personal knowledge about your wave through admission. “How To” Videos A parent who overstays in the United States and is placed in removal proceedings may qualify for Cancellation of Removal and Adjustment of Status (to permanent residence) if she has been continuously present in the United States for at least 10 years, has not been convicted of certain offenses, has good moral character, and her removal would result in exceptional and extremely unusual … Good Moral Character Rules Restricted by USCIS On December 10, 2019, USCIS issued policy memo regarding what constitutes good moral character for naturalization purposes.

Phone: (213) 623-4592 x0. DACA The USCIS officer will have 10 civics questions to ask, and you must answer 6 correctly. Citizenship & Immigration Services is often met with several obstacles. Shusterman and his law firm have represented my family and me very successfully. But if you are ineligible for AOS and mistakenly file a Form I-485​, Application to Register Permanent Residence or Adjust Status, your request will not only be denied, but you may also be placed in removal proceedings due to failure to maintain lawful nonimmigrant status and/or other grounds. The attorney can also help you assess and maximize your likelihood of becoming a naturalized U.S. citizen. CSPA