by Richard Bracken | Jan 5, 2010
In the unfortunate event that a U.S. citizen spouse dies before being able to file documentation to legalize their alien spouse, there may be options. For many years, aliens in this regrettable situation were in a sad form of legal limbo. In 2009, the U.S....
by Richard Bracken | Nov 18, 2009
There is an exception to the two-year meeting requirement in instances where both parties cannot meet because of either extreme hardship or due to a long established custom. 8 C.F.R. §214.2(k)(2). USCIS is granted wide latitude in determining whether to waive the...
by Richard Bracken | Nov 11, 2009
Individuals who have been granted lawful permanent residency through his or her spouse, and within two years of entering the marriage, are usually deemed to be “conditional” permanent residents. Under the law, conditional permanent residents must follow a...
by Richard Bracken | Oct 12, 2009
Nearly every case for a visa is ultimately decided within a U.S. Consulate abroad, sometimes referred to as a U.S. embassy. Each Consulate processes cases differently; nevertheless, the Consulate will eventually communicate with the parties at some point. The way it...
by Richard Bracken | Oct 9, 2009
Problems can arise at the Consular interview that can be fatal to attempts to obtain a visa. In filing for a k-1 fiance for instance, determinations by a Consular official that the beneficiary is seeking the visa to enter the U.S. rather than for the sole purpose of...
by Richard Bracken | Oct 8, 2009
Whether or not it seems to make sense, all alien fiancé(e)’s entering the U.S. are required to submit to a medical examination at a clinic or hospital of the Consulate’s choosing before a visa will be granted. The purpose of this requirement is to screen the alien...
