Tue - March 30, 2004

Criminal Penalties for Marriage Fraud -- 8 U.S.C. § 1325(c) and 18 U.S.C. § 1546


Marriage fraud has been prosecuted, inter alia, under 8 U.S.C. § 1325 and 18 U.S.C. § 1546(a). The Immigration Marriage Fraud Amendments Act of 1986 amended § 1325 by adding § 1325(c), which provides a penalty of five years imprisonment and a $250,000 fine for any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws." Under 8 U.S.C. § 1151(b), "immediate relatives" of U.S. citizens, including spouses, who are otherwise qualified for admission as immigrants, must be admitted as such, without regard to other, ordinary numerical limitations.

Posted at 01:23 AM     Read More  

Wed - October 8, 2003

LIST OF DESIGNATED CIVIL SURGEONS, Form I-693 medical examination, Citizenship & Immigration Services (CIS) CHICAGO


Most applicants for adjustment of status are required to have a medical
examination. The medical examination must be conducted by a civil
surgeon who has been designated by Citizenship and Immigration Services.

Posted at 08:21 PM     Read More  

Tue - October 7, 2003

Eligibility of Children Born out of Wedlock for Derivative Citizenship (BCIS September 26, 2003)


Assuming an alien child meets all other requirements of Section 320 and
322, an alien child who was born out of wedlock and has not been
legitimated is eligible for derivative citizenship when the mother of
such a child becomes a naturalized citizen.

Posted at 10:47 AM     Read More  

Sun - September 28, 2003

Advance Parole, CIS form I-131 (travel document)


ADVANCE PAROLE (travel document) INSTRUCTIONS, Chicago CIS Office

Posted at 03:35 PM     Read More  

ADJUSTMENT OF STATUS INTERVIEW: DOCUMENTARY REQUIREMENTS (I-485) Chicago CIS


CIS Notice of Appointment of Interview for Adjustment of Status to that of a Permanent Resident, Chicago, Illinois

Posted at 03:32 PM     Read More  

Was the Marriage Entered into for Immigration Purposes? What is a Bona fide immigration marriage


In order to be granted permanent residency, your spouse's relationship
with you must be established and your spouse must be admissible to the
United States under the immigration law. Also, the marriage must be bona
fide, not merely a sham to get the non US citizen spouse a green card.
The BCIS takes fraudulent marriage seriously and you will be asked to
provide supporting documents to show that the marriage is valid.

Over the past two decades, Congress and the BCIS have grown increasingly
suspicious of marriages. Since 1986, a foreign-born spouse who has been
married to the petitioner for less than two years is given conditional
permanent residence for two years. While this conditional status is for
the most part the same as regular permanent residence, it is designed to
provide assurance that the parties did not marry for immigration
purposes by allowing the conditional status to be revoked if the
marriage does not last two years.

Posted at 03:29 PM     Read More  

Sat - September 27, 2003

Substitution of Alternative Sponsor If Original Sponsor Dies (US State Department 4/15/02)


The US State Department issued a cable discussing PL 107-150, which amended the Immigration and Nationality Act to provide for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the classification petition should not be revoked. The Attorney General has determined that for humanitarian reasons a petition shall not be revoked upon the death of the petitioner, the amendment permits the substitution of a close family sponsor. The law specifies that the alternative sponsor must be the spouse, parent, mother-in-law, father-in-law, sibling, son, daughter, son-in-law or daughter-in-law of the beneficiary. As in the case of other sponsors, the sponsor must maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines. http://travel.state.gov/state071485.html

Posted at 12:13 AM     Read More  

Fri - September 26, 2003

Use of Substitute Sponsor if Visa Petitioner Has Died (Family Sponsor Immigration Act of 2002)


Petitioner's Death Prior to Approval of Petition: The Family Sponsor Immigration Act of 2002 was signed into law on March 13, 2002. In a June 15, 2002 memo, INS verifies that the new law permits the foreign national's spouse, parent, mother-in-law, father-in-law, sibling, child who is at least 18 years of age, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian to become a substitute sponsor if a family-based visa petitioner dies following the approval of the I-130 petition but before the foreign national obtains permanent residence. Unfortunately, there is no provision for a substitute sponsor if the I-130 is not approved prior to the original sponsoring relative’s death. Even if the I-130 has been approved, Mr. Williams, Executive Associate Commissioner in the Office of Field Operations at INS, has instructed INS offices that reinstatement of the application to adjust status is not automatic but continues to be a matter of discretion. INS must continue to determine whether "humanitarian reinstatement" is appropriate based on the individual facts of the case. The Memo suggests that a major factor to consider is whether "failure to reinstate would lead to a harsh result contrary to the goal of family reunification."

Posted at 07:30 PM     Read More  

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