Sharon Khunkhun Sharon Khunkhun

Understanding Separate Immigrant Visa Petitions for Children of a Naturalized U.S. Citizen

When a Green Card holder becomes a naturalized U.S. citizen, they gain the privilege of sponsoring certain family members for immigration benefits. However, it may come as a surprise that even though a child of the U.S. citizen petitioner was included in an earlier petition as a Green Card holder, a separate immigrant visa petition must be filed for each child. In this article, we will explore the reasons why a child is not automatically included as a derivative in their parent's immediate relative petition (IR petition) after the petitioner naturalizes. By understanding the underlying principles and legal requirements, you will gain clarity on the process and why individual petitions are necessary.

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Sharon Khunkhun Sharon Khunkhun

My Green Card was just delivered to me. What do I need to know?

You have finally obtained your green card after months, if not years, of waiting. While you may be ecstatic with your new status as a permanent resident, you may be wondering what's next. Here are some useful hints, such as how to keep your green card status and how to prepare for your naturalization application in the future.

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Sharon Khunkhun Sharon Khunkhun

When the Relationship Doesn’t Work Out for K-1 Fiance Visa Beneficiary

Because the purpose of a fiancé visa is solely for the beneficiary to enter the United States to marry the US citizen petitioner, the fiancé visa is subject to certain restrictions. Only marriage to the US citizen petitioner who filed the fiancé petition allows the fiancé beneficiary to adjust status to permanent resident. The fiancé beneficiary cannot change status to another type of nonimmigrant visa (such as an H-1B employment based visa or an F-1 student visa etc.).

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Sharon Khunkhun Sharon Khunkhun

Marriage Based Adjustment of Status for H-1B Visa Applicants Who Are Marrying US Citizens vs. Green Card Holders

Numerous H-1B visa holders request an adjustment of status through their employers, but they must wait a long time before getting their Green Cards. This is one of the main reasons that even if you have an employment based Green Card pending, many H-1B holders with US Citizen or Permanent Resident spouses opt to have their spouses sponsor them right after they get married.

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Sharon Khunkhun Sharon Khunkhun

Is your Marriage Immigration Case Experiencing Delays?

USCIS has been experiencing unprecedented delays this year in 2018 due to new immigration policies and procedures that have changed the way we now advise our client. These changes directly impact when a marriage case should be filed, how travels have to be carefully planned, and when an arriving immigrant can begin working and also maintain their employment status after filing for Adjustment of Status.

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Sharon Khunkhun Sharon Khunkhun

Sponsoring a Second Spouse for a Green Card

I recently had a couple of consultations where a US citizen was attempting to sponsor a second spouse for a Green Card. I would attribute this to the high level of divorces that occurred during the pandemic period. But let’s take a look at what it means when the US Citizen spouse divorces spouse number one and secured a Green Card for them but the marriage eventually ended in divorce. Now, the US citizen has since remarried and has a second spouse who they are thinking about sponsoring for a Green Card. I decided to create this article to discuss this issue and to provide my opinions on what might occur or what special considerations you might need to make in this circumstance. Now, I've seen this play out in various ways numerous times.

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Sharon Khunkhun Sharon Khunkhun

Form I-751, Removal of Conditions Waiver Applications and a Deep Dive into Divorce Waivers

If you become a resident based on a recent marriage (less than two years) you become a “conditional” permanent resident (conditional Green Card holder). Normally, you would file a petition with your husband or wife on the two year anniversary of your permanent resident status (90 days before the two years to be exact) in order to obtain a permanent ten year Green Card. If the marriage ends before your petition is filed, or your spouse refuses to cooperate with your petition – you may still be eligible to become a permanent resident and remove conditions on your Green Card successfully.

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Sharon Khunkhun Sharon Khunkhun

While my Green Card application is pending, am I allowed to work?

While your family-based green card application (Form I-485) is being processed, and if you presently reside in the United States and want to work for a U.S. company, you must get a work permit first. If you reside overseas, you cannot apply for a work permit.

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Sharon Khunkhun Sharon Khunkhun

Is my Birth Certificate Valid for USCIS Immigration Purposes?

When applying for a stay or residence abroad, such as in the United States, you are required to submit a copy of your Birth Certificate or an equivalent document. Every member of your family that is looking to apply for residence via a Green Card (on the basis of marriage or having family ties, for example) must present their own Birth Certificate.

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Sharon Khunkhun Sharon Khunkhun

What Are USCIS’s and National Visa Center’s Translation Requirements for Birth Certificates, Marriage Certificates, Divorce Judgments and other Civil Documents?

All foreign documents must meet the USCIS translation requirements whether you have an adjustment of status Green Card case or a consular processing case. Failure to comply with the stipulated guidelines can be counterproductive to the outcome of your citizenship/immigration application process, either by having documents needlessly rejected or delayed.

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