[Immediate relatives of a U.S. citizen, VAWA-based applicants, and certain special immigrants are exempt from this INA 245(c)(2) bar.

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.

An applicant for naturalization must show that he or she has been, and continues to be, a person of good moral character. For more details on the continuous residence requirement, see our related article,  Staying Abroad Too Long May Affect Eligibility for Naturalization. If a B-1/B-2 visitor, for example, marries a U.S. citizen and applies for a green card within 30 days of arrival, the consular officer may presume the applicant misrepresented his intentions in seeking a visa or admission to the U.S. 3.

[In some cases, the INA 245(k) exemption  excuses this INA 245(c)(7) bar.

You could also be placed in secondary inspection and questioned extensively so the officer can find legitimate grounds to deny your entry.

Ultimately, however, the consular officer or customs officer has discretion to determine whether having a baby in the U.S. is consistent with the purpose of a visitor visa, regardless of whether you cover the medical expenses and do not become a public charge by receiving government assistance to pay the medical bills.

We link to the Labor Department’s page entitled “Processing dates for labor certification applications”. In some cases, a consular officer or customs officer may issue a more serious charge under INA 212(a)(6)(C)(i)(fraud or willful misrepresentation of material fact to gain a visa or entry to the United States), which is a lifetime bar. EB-5 Investors The USCIS officer will have 10 civics questions to ask, and you must answer 6 correctly. intent to immigrate in the future while maintaining temporary status in the present). Posted in adjustment of status, good moral character, green card, immigrant petition, immigrant visa, immigration consequences of criminal convictions, K-1 visa, K-3 visa, The Legal Immigrant - Immigration Blog, waiver, Tagged 212(h) waiver, controlled substance violation, crime involving moral turpitude, extreme hardship waiver, I-601 waiver, immigrant waiver, waiver for criminal grounds of inadmissibility. Marriage While USCIS is not required to follow the Consulate’s 30/60 day policy, it sometimes uses it as guidance.

Topic: Employment-Based Immigration Section 212(a)(2) of the Immigration & Nationality Act (INA) permanently bars you from adjusting to permanent residence or being lawfully admitted to the U.S. (either as an immigrant or nonimmigrant) on criminal and related grounds. H-1B Visa Guide Charlie Oppenheim at the US Department of State issues visa bulletin predictions as to how rapidly or slowly he expects the priority dates in the employment-based and family-based categories to move forward, or to retrogress. We link to the most recent immigration waiting times for each of the four USCIS Service Centers, the National Benefits Center and the Administrative Appeals Office. 3. Unsubscribe at any time. 2.

Otherwise, nonimmigrant visa applicants must show they have no intent to immigrate and simply seek a temporary stay in the U.S. jQuery(function(){if(typeof WebFont!=='undefined'){WebFont.load({google: {families: ['Open Sans:400,700',]}});}}); Schedule ConsultationZoom Consultations Available!

], Foreign national ​who was last ​admitted ​to the United States as a nonimmigrant visitor without a visa under the ​Visa Waiver Program.

The first person to correctly answer our quiz (and supply their biographical information) wins a free legal consultation with one of our attorneys before the end of January. The Form I-601 filing fee and sometimes a biometrics fee are required. Because the period of absence within the past 5 years (or 3 years) is still more than 6 months, you must also overcome the presumption of a break in continuous residence. Financial Considerations: Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (e.g.

take the naturalization oath and become a U.S. citizen).

Except for the Immediate Relative of a U.S. citizen category, the family-based and employment-based categories typically require a wait (sometimes for years or decades) before an immigrant visa becomes available. EB Green Cards

There are certain convictions or criminal offenses that permanently bar you from establishing GMC for naturalization.

(Do you meet the English or Civics requirements?

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QUESTION #2: Have you continuously resided in the U.S. for at least 3/5 years?

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.

When such an inadmissibility finding is made by the U.S. Consulate or CBP, you may appeal directly to the agency to reconsider and rescind the decision on the basis that giving birth in the U.S., by itself, does not make you inadmissible.

Applying for a change of status after entering the United States in another status. Parole in Place may also be issued to certain foreign nationals present without admission or parole, such as ​to a spouse, child, or parent of an ​a​ctive ​d​uty member of the U.S. ​a​rmed ​f​orces, a member in the Selected Reserve of the Ready Reserve, or someone who previously served in the U.S. ​armed forces​ or the Selected Reserve of the Ready Reserve. Originated from Greece.

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Physical presence concerns the total number of days you are actually or physically in the U.S. during the period required for naturalization.

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The most common documents showing lawful admission are: ​Admission stamp in passport​, which may be verified using Department of Homeland Security (DHS) systems, Employment Authorization Card (Form I-688A), for special ​agricultural worker applicants, provided it was valid during the last claimed date of entry on the adjustment application, Temporary Resident Card (Form I-688), for special agricultural workers or legalization applicants granted temporary residence, provided it was valid during the​ ​last ​claimed date of entry on the ​adjustment​ application​, Border Crossing Card (Form I-586 or Form DSP-150​), provided it was valid on the date of last claimed entry.​.

To learn more, read our related article, Adjusting to Permanent Resident Status Under INA 245(a): Bars, Exceptions and Exemptions.

Immigration problems can also occur when you apply for adjustment to permanent resident status instead of file for an immigrant visa at the U.S. Consulate. Thus, if you list a foreign residence and no concurrent U.S. physical address on the naturalization application, during the 3/5-year statutory period, you could face problems meeting this requirement. Citizenship & Immigration Services is often met with several obstacles. Travel Ban Los Angeles, CA 90017

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