In this next article in her Instruction
Series, Immigration Attorney Magdalena Cuprys, Esq. provides an overview of one
of the most common forms of Family-Based Immigration
LAWFUL PERMANENT RESIDENCE THROUGH MARRIAGE
Getting married to a United
States Citizen or Lawful Permanent Resident (Green Card Holder) is one of the
most common forms of Family-Based Immigration into the USA, and it is also one
of the fastest ways to obtain Lawful Permanent Residence (i.e., a Green Card).
In order to obtain full Lawful Permanent Residence
Status, the
couple must have been married
for at least 2 years prior to the filing of the Application for Lawful
Permanent Residence in order for the foreign spouse to obtain their green
card. Otherwise, the foreign spouse will
only be granted temporary Conditional Residence. After this 2-year period, the couple must
file an additional application to apply to have the Conditional Residence status
removed, and once this application is approved by US CIS, only then does the
foreign spouse becomes eligible to receive their full, permanent, green card
status.
However, in reality, many
individuals apply for Lawful Permanent Residence when they have been married
for
less than 2 years.
In this instance one has a much higher burden
of proof involved in the application process, as you
must
demonstrate through
documentary evidence that the marriage is real, was entered into in good faith,
and is bona fide in nature (i.e. that it was not entered into fraudulently for
the purpose of evading US Immigration Laws).
Evidence is critical at this
juncture, and it is highly recommended that one utilize a qualified Immigration
Attorney to assist in the collection, presentation and submission of such
evidence to US CIS. Common examples of
such evidence are correspondence between the spouses, be they letters, emails,
social media conversations, photographs of the couple together, affidavits from
family, friends, co-workers, etc. should be submitted. Evidence of financial
ties together should also be gathered, such as copies of joint bank accounts,
credit cards, insurance policies, health insurance, automobile titles, auto insurance
policies, joint bills, tax returns, and mail which shows that both spouses live
at the same address together. Anything
which demonstrates a legitimate relationship that has been continuous and
on-going is beneficial.
After one applies for the green
card, it is thereafter required that both spouses will have to appear in person
at their local USCIS
Office for an Official US CIS Interview. The immigration
officer will interview the couple and ask them many
personal
questions in order to determine that the marriage is
real and
bona fide, i.e. questions of each spouse to ascertain
and verify if
they know things about the other, etc. These are such things
that a married person should know
about their relationship.
There also is a financial component to the Immigration
process.
The US Citizen (sponsoring spouse) has to attest and agree
to
provide financial support to the foreign spouse. This
is done via
the execution of a formal Affidavit of Support, which
is a legal
requirement in the process and must be included with
the
original Application for Lawful Permanent Residence at
time of
filing. Also, the sponsoring spouse must prove that
they are
financially capable and responsible, in which they
must
document and submit evidence that he or she is
employed and
has a salary that must meet at least 125% above the
Federal
Poverty Line (US Income Requirements). It is also required that
they provide Federal Income Tax Returns for the past 3
years
as evidence of the above.
*** Magdalena Cuprys is the principal of Serving Immigrants,
a full-service immigration law firm offering a complete range of immigration
services to both businesses and individuals. The law firm is uniquely qualified
to manage the most contentious and unusual immigration needs. Swift resolution
of immigration-related issues is integral to a client’s ability to conduct
business or reach their personal goals in the United States. Located in Miami
and Clewiston, the firm’s offices provide corporate and individual clients of
foreign nationality with temporary work permits for the U.S., green card
petitions, criminal waivers and representation in removal proceedings cases.
With over a decade of experience, the law firm provides clients with the
confidence that their cases will be handled by an expert who understands their
needs and how to obtain their goals. Although the majority of the law firm’s
clients live in Florida, it represents people from all over the United States
and several foreign countries. References Law Firm Website: https://magdalenacupryslaw.com Other Website:
http://ww.servingimmigrants.com
Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169
Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html
LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/
Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433
Findlaw: https://pview.findlaw.com/view/4161404_1
Media News article “Broward Transitional Center: Immigrants With No Criminal
History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html
See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4
See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/
and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility
Ms. Cuprys recently prevailed in a hotly contested asylum cases against the
U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv
and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html
Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq
Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs. Swift resolution of immigration-related issues is integral to a client’s ability to conduct business or reach their personal goals in the United States. Located in Miami and Clewiston, the firm’s offices provide corporate and individual clients of foreign nationality with temporary work permits for the U.S., green card petitions, criminal waivers and representation in removal proceedings cases. With over a decade of experience, the law firm provides clients with the confidence that their cases will be handled by an expert who understands their needs and how to obtain their goals. Although the majority of the law firm’s clients live in Florida, it represents people from all over the United States and several foreign countries. References Law Firm Website: www.servingimmigrants.com Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169 Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/ Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433 Findlaw: https://pview.findlaw.com/view/4161404_1 Media News article “Broward Transitional Center: Immigrants With No Criminal History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4 See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/ and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility Ms. Cuprys recently prevailed in a hotly contested asylum cases against the U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
