Union established immigration is one of the easiest and most straightforward ways of getting legal residence in the United States. In order to qualify it should be shown:
1. The alien entered legitimately,
2. They’re in a bona fide good faith union using a US citizen,
3. They aren’t convicted of any offenses which make them
4. They will not become a public charge,
5. They satisfy the health requirements, and
Despite its relative simplicity marriage based programs can cause difficulties for the novice and non-attorney. Regrettably from the worst case scenario, this can and does result in deportation. Aliens commonly file this kind of application by themselves without the aid of an attorney whenever they don’t qualify. Little do they know they take a massive threat as a refusal is a cause whereby immigration will begin the removal process against the person.
Common mistakes are filing when the alien entered illegally or has been convicted of a crime. When the alien came illegally, they ought to take a look at if they qualify for forgiveness under Section 245i of the Immigration and Nationality Act. Likewise, if the alien has any criminal convictions, they should speak with an attorney and see if there are any possible waivers they qualify for.
Other common mistakes happen at the meeting, in which the couple did not prepare themselves, and the application is denied because the officer did not feel the marriage was in”good faith” or worse than it was fraudulent. A finding that a marriage was fraudulent can be particularly troublesome, as it could serve to bar the alien for life from ever getting a green card.
Another common reason for denial is that the alien files the program but does not address that their US citizen spouse is a sex offender. Such application will be denied under the Adam Walsh Act. If this is an issue speaks to a lawyer about an Adam Walsh Act Waiver.
Therefore, although marriage-based applications may seem easy on their face, numerous details can trip up the applicant. It’s always best to work with a lawyer and many will negotiate a fair fee with the couple since the software is not that difficult.
Applications, which require waivers or 245i investigation will need more work and will also cost more money. Unfortunately the filing fees the government charges create an additional expense, and they continue to increase them as a way to generate revenue.
Generally, the simple marriage-based applications will take between 6-9 months and require lawyer fees in the assortment of $1500-$3500 with an extra $1490 for submitting fees, which go into the government. When you record, the program is crucial to apply for employment authorisation together with it, as this will generally be approved in around three months.