What Constitutes Misrepresentation on a Visa Application?

The new policies introduced by the US government every year make visa applications seem deceptively straightforward yet surprisingly complex. They demand a deeper understanding of the dos and don’ts and the repercussions tied to the latter.

Misrepresentation is one of the biggest don’ts of immigration application. It involves a calculated act of providing false or misleading information that may deceive immigration authorities.

The practice is considered deceptive in any of the following iterations, extending across various stages of the application process, from the initial form submission to interviews and the presentation of supporting documentation.

Material Facts Concealment

Concealing material facts is a common form of misrepresentation. It may involve the suppression of significant information that could sway the visa approval process.

Material facts that may work against the applicant include:

  • Criminal convictions;
  • Previous visa rejections;
  • Details regarding an applicant’s background.

Material facts are requested on a visa application in the form of questions. Answering in the affirmative to these inquiries could have a negative connotation, but it doesn’t necessarily mean you’ll be denied the visa.

Never lie on your application, even if an honest answer appears to work against you.

Accuracy of information should be your priority, as any attempt to withhold crucial data could lead to severe consequences, impacting not only the present application but future endeavors as well.

Document Fraud

A secondary aspect of misrepresentation is the fabrication of documents.

Aspiring immigrants may resort to forging academic certificates, employment records, or financial statements to pass off as eligible for a visa. However, these attempts seldom have the intended effect.

Innovations in document verification technology help immigration authorities detect fraudulent documents with increasing accuracy. What may seem like a shortcut to visa eligibility becomes an ever-risky venture for visa applicants.

False Employment and Educational Details

False Employment and Educational Details

Apart from falsifying documents, misrepresentation can extend to falsifying details related to employment and education.

Applicants may:

  • Inflate their job titles;
  • Exaggerate their professional roles and responsibilities;
  • Claim qualifications they do not possess.

This type of misrepresentation is more common when job hunting and is entirely unnecessary when it comes to applying for a visa.

If anything, they undermine the integrity of the application process and pose significant risks when discrepancies are eventually revealed to the immigration authorities.

Incorrect Financial Details

Some applicants also provide false or exaggerated details regarding their finances.

They may resort to the following:

  • Lie about income;
  • Misrepresent assets;
  • Create the impression of financial stability.

They may attempt one or more of the above to meet the financial requirements for a particular visa category.

Authorities scrutinize financial details to assess an applicant’s ability to support themselves during their stay, and any discrepancies can lead to severe consequences. (more on them later)

Incorrect Address and Residential History

Applicants may misrepresent their residential history or current address in an attempt to fulfill specific visa requirements or to conceal unfavorable details.

Authorities often verify addresses to ensure that applicants meet residency criteria or to track potential security concerns. Providing inaccurate information about one’s address or residency history is counterproductive, even if it may not lead to serious legal consequences down the line.

False Claims of Relationships

False Claims of Relationships

The exploitation of familial or spousal relationships is a well-trodden path. It has given us the term “paper marriage,” among other not-so-legal ways of gaining entry into the US.

Particularly observable in family-sponsored or fiancé visa applications, individuals may exaggerate relationships to gain entry.

Immigration authorities weed out such instances by verifying the authenticity of these relationships, aiming to curb systemic abuse.

Any unfounded claims can result in an applicant’s deportation if the misrepresentation is revealed after issuing the visa and seriously hurts their chances of getting accepted for a similar or different visa category in the future.

Special Considerations

In these times of heightened security measures and digital transparency, visa applicants must proceed with caution.

The risk of getting caught while misrepresenting one’s facts has risen significantly, urging individuals to be mindful of the following.

Social Media Scrutiny

Recent years have witnessed the integration of social media scrutiny in the due diligence carried out by immigration authorities.

They go beyond the conventional vetting processes, cross-referencing information provided in visa applications with details available on social media profiles.

The additional checks aim to pinpoint inconsistencies and red flags. Consequently, visa applicants are urged to exercise caution in their digital footprints, recognizing the potential impact on their immigration prospects.

Heightened Security Measures

Global security concerns have prompted a shift toward more rigorous background checks for visa applicants.

By leveraging advanced technology and international information-sharing networks, authorities can authenticate the details provided in applications comprehensively. The attempt to conceal misrepresentations has become increasingly challenging, intensifying the risk of exposure and emphasizing the imperative for complete transparency throughout the visa application process.

Legal Implications

Legal Implications

Apart from the immediate repercussions and obvious of visa denial, misrepresentation can carry severe legal implications.

Individuals who provide wrong information may find themselves facing a denial of their application or bars to admission.

The introduction of legal ramifications is meant to deter misrepresentation. However, it adds a layer of complexity to an already difficult act, underscoring the importance of approaching the visa application process with utmost honesty and transparency.

Consequences of Misrepresentation

As we just mentioned, the consequences of misrepresentation on visa applications extend far beyond a simple denial.

Individuals who choose to manipulate the system expose themselves to a cascade of severe repercussions that can affect their present and future endeavors.

Visa Denial

The immediate and tangible consequence of misrepresentation is the denial of the visa application.

Once immigration authorities uncover inconsistencies or falsehoods, the applicant’s dreams of entering the United States are abruptly shattered, not only disrupting their immediate travel plans but also casting doubt over future visa applications.

When you misrepresent your case, you raise questions about your credibility and trustworthiness not only in that instance but in any others to come.

Bans and Ineligibility

The aftermath of misrepresentation can extend to bans from reapplying for a specific duration. In more severe cases, individuals may find themselves permanently ineligible for certain visas.

The duration of the ban is indefinite, and the consequences can be long-lasting, impacting the individual’s ability to travel or pursue opportunities in the US.

Deportation and Removal Proceedings

Discovery of misrepresentation after entry into the US sets in motion the specter of deportation and removal proceedings.

This results not only in personal distress but also tarnishes one’s international travel record. Deportation carries profound consequences, impacting an individual’s reputation and prospects both in the US and globally.

Impact on Future Immigration

Misrepresentation has lasting effects on an individual’s immigration record, affecting future applications.

Even if a ban is not imposed, the discovery of previous misrepresentation may lead to increased scrutiny, making it more challenging to obtain visas in subsequent attempts.

Misrepresentation lingers, and it diminishes the trust immigration authorities place in the individual’s subsequent representations, thus impacting their future immigration prospects.

How to Avoid Misrepresentation on Visa Applications

How to Avoid Misrepresentation on Visa Applications

Understanding the severe consequences of misrepresentation is all the more reason to approach theapplication process with honesty and integrity.

Here is how you can avoid resorting to misrepresentation on what could be a life-changing document.

Seek Professional Guidance

The potential pitfalls of the application process underscore the value of seeking professional guidance. Immigration professionals or attorneys can provide invaluable insights, helping applicants navigate the system and ensuring that all information provided is accurate and complies with the law.

Thoroughly Understand Application Requirements

Applicants should spare a few minutes to study the eligibility criteria, requirements, and other specifics for the visa category they are applying for.

Knowing what information is needed and being aware of potential red flags can help applicants prepare a comprehensive and truthful application. This includes understanding the documentation required and having a firm grasp of the eligibility criteria.

Maintain Accurate Documentation

Keeping accurate and up-to-date documentation is part and parcel of a successful and honest visa application.

Changes in personal or professional circumstances should be promptly reflected in your application.

This includes updates to the following:

  • Addresses;
  • Employment status;
  • Marital status;
  • Other relevant details.

Accurate documentation serves as a foundation for a transparent and trustworthy application.

Be Transparent During Interviews

Be Transparent During Interviews

If selected for an interview, applicants should approach it with honesty. Providing honest and concise answers to the interviewer’s questions is essential.

Attempts to deceive interviewers are likely to result in additional scrutiny, potentially leading to the discovery of misrepresentation. An open and forthcoming attitude during interviews helpsyour credibility, a most under-appreciated aspect of the system.

Exercise Diligence in Language Use

When completing visa application forms, applicants should exercise diligence in language use. The lack thereof could result in unintentional misrepresentation.

Ambiguous or unclear statements can lead to misunderstandings and inconsistencies. It is crucial to express information clearly, avoiding the use of vague terms that could be misinterpreted.

Keep Communication Lines Open

Maintaining open communication with immigration authorities is important. If there are changes in circumstances or if any concerns arise during the application process, promptly informing the relevant authorities demonstrates transparency.

It also allows for addressing potential issues before they escalate, contributing to a smoother and quicker application process.

Familiarize Yourself with Cultural Differences

Understanding cultural differences is essential, especially when providing information about relationships or personal details. Misinterpretations can arise due to cultural differences and language barriers, leading to unintentional misrepresentation.

Taking the time to familiarize oneself with the cultural context or consulting an immigration lawyer for guidance throughout the process can help avoid misunderstandings.

How to Address Inadmissibility?

The only way you may contest a denial based on misrepresentation is through an I-601 Waiver. Also known as the Application for Waiver of Grounds of Inadmissibility, this is a legal tool within the US immigration system designed to address specific grounds of inadmissibility that would otherwise bar an individual from entering or obtaining lawful permanent residence in the United States.

Various situations may lead to the need for an I-601 Waiver, and each waiver type targets specific grounds of inadmissibility.

Here are some common types of I-601 Waivers:

Fraud or Misrepresentation

  • Scenario: If an individual has engaged in fraud or willful misrepresentation to obtain a US visa or other immigration benefits;
  • Purpose: To request forgiveness for past fraudulent activities and allow the applicant to overcome inadmissibility.

Unlawful Presence

  • Scenario: Individuals who have accrued unlawful presence in the US, typically for more than 180 days, face bars on reentry;
  • Purpose: To seek forgiveness for unlawful presence and demonstrate extreme hardship to qualifying family members.

Criminal Grounds of Inadmissibility

  • Scenario: Certain criminal convictions may render an individual inadmissible to the US;
  • Purpose: To request a waiver for criminal convictions, demonstrating that the individual merits an exception due to rehabilitation, familial ties, or other compelling factors.

Health-Related Grounds

  • Scenario: Certain health conditions or contagious diseases may lead to inadmissibility;
  • Purpose: To demonstrate that the individual’s entry will not threaten the lives of the American public and to request a waiver for health-related inadmissibility.

Note: The eligibility criteria and supporting documentation vary for each type of I-601 Waiver.

Put Your Best Foot Forward with Attorney Ingrid Perez

Ensure a foundation built on trust and compliance with immigration laws with none other than Attorney Ingrid Perez, an immigration lawyer who has helped many get approved for visas and immigration petitions and assisted others in the naturalization process.

Straightforward or complex, your visa application could use our attorney’s attention to detail and representation to prevent intentional and unintentional instances of misrepresentation. Get her help with a family or work visa for the US.

Book your slot to bring the immigration attorney on board.

The EB-2 National Interest Waiver: A Brief Overview

The EB-2 National Interest Waiver is designated for individuals with advanced degrees or exceptional abilities whose work is deemed to be of national interest to the United States.

This waiver exempts applicants from the usual labor certification process, streamlining the path to a green card for those who can demonstrate their significant contributions to their respective fields.

Eligibility Criteria for STEM Professionals

  • Advanced Degrees or Exceptional Abilities

To qualify for the EB-2 NIW, STEM professionals must hold an advanced degree or showcase exceptional abilities in their field.

Examples of advanced degrees include master’s, Ph.D., or other postgraduate qualifications. At the same time, exceptional abilities entail a level of expertise and recognition that places the, in this case, STEM professional in the upper echelons of their industry.

  • Proof of National Interest

Central to the EB-2 NIW is the requirement to establish that the professional’s work serves the country’s national interest.

For STEM professionals, this could involve demonstrating how their contributions significantly benefit the country through one or more of the following:

  • Groundbreaking research;
  • Technological innovation;
  • Addressing critical societal challenges.

Assembling a Persuasive Petition Package

A compelling EB-2 NIW petition relies on thorough documentation. At the very least, STEM professionals should provide evidence of the following:

  • Educational background;
  • Professional achievements;
  • Relevant accolades.

This might include publications, patents, conference presentations, or letters of recommendation attesting to their impact in the relevant field.

Secondly, crafting a persuasive National Interest Statement is crucial. STEM professionals must articulate how their work directly benefits the nation, addressing specific criteria such as economic, technological, educational, or healthcare contributions. A well-articulated narrative enhances the likelihood of a successful EB-2 NIW application.

The Petition Process

Form I-140, Immigrant Petition for Alien Worker is the first step in applying for EB-2 NIW. This form encapsulates details about the STEM professional’s qualifications, achievements, and the national interest value of their work.

The premium processing option is available for those seeking an expedited process. While this involves an additional fee, it ensures a faster turnaround time, a valuable consideration for professionals eager to get an answer sooner rather than later.

Showcasing Impact in the STEM Community

Highlighting collaborative projects and partnerships can significantly strengthen your EB-2 National Interest Waiver petition.

As a STEM professional, you could emphasize instances where your work has led to meaningful collaborations, demonstrating the broader impact of your contributions within the STEM community.

In addition to academic achievements, showcasing recognition within the industry is an essential that isn’t spoken about enough in these circles. You should provide evidence of awards, honors, or invitations (accepted or rejected) to speak at conferences, indicating a high level of esteem and acknowledgment within your professional circles.

The National Interest Criteria

For STEM professionals, demonstrating economic contributions is vital. This could involve illustrating how your work can or has led to job creation, technological advancements, or innovations that directly contribute to the economic growth and competitiveness of the United States.

You can go beyond personal achievements and emphasize your role in educating the next generation of professionals. If you have led mentoring programs, educational initiatives, or research work that enhances the knowledge base in your field, you should include that in your supporting documentation to increase your approval chances.

The Immigration Lawyer Advantage

Collaborating with an immigration lawyer specializing in EB-2 NIW cases can be a strategic advantage.

Attorney Ingrid Borges Perez possesses in-depth knowledge of the specific requirements and can help you put your best foot forward. She has the experience and expertise required to align your application seamlessly with the national interest criteria.

A lawyer like her can also provide invaluable support in preparing the tricky documentation required for the EB-2 National Interest Waiver petition. Her expertise ensures that all relevant evidence is presented cohesively, enhancing the overall strength of your application.

Navigating RFEs (Requests for Evidence)

In the event of a Request for Evidence (RFE), STEM professionals, with the assistance of an immigration lawyer, should respond proactively. This involves addressing the specific concerns raised by immigration authorities and providing additional documentation to strengthen the case.

An immigration lawyer can help you satisfy RFEs, offering guidance on how to frame responses effectively. Their experience in handling similar situations can significantly increase the chances of a successful outcome.

Visa Approval and Post-Approval Considerations

Once your EB-2 NIW petition is approved, you must choose between adjusting your status if you are already in the US or undergoing consular processing if you’re still in your home country.

Each option has specific requirements and implications that we have discussed extensively throughout our blogs. Be that as it may, consulting with an immigration lawyer can help in choosing the right pathway.

  • Long-Term Career Planning

Post-approval, you should engage in long-term career planning. Do you wish to pursue further education, explore new research avenues, or contribute to industry advancements?

Our immigration lawyer can guide you in maintaining compliance with visa conditions while strategically advancing your career. Consider Attorney Perez not merely as a legal advisor but as a partner invested in your success. Her expertise can be the linchpin that transforms your aspirations into achievements. Avail her green card application assistance with EB-2 National Interest Waiver and other employment-based categories.

Reach out for inquiries and concerns.

Understanding the Two Categories of O-1 Visa

There are two types of O Visas; one for those with extraordinary ability in the the sciences, arts, education, business, or athletics, and another for those with a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

The following categories of O-1 Visa separate the arts from the non-arts, putting you squarely in the latter category.

  • O-1A Visa: Extraordinary Ability in Sciences, Education, Business, or Athletics

The O-1A Visa encompasses individuals who have showcased extraordinary ability or achieved remarkable milestones in diverse fields such as sciences, education, business, or athletics.

While artists may not find their specific category here, understanding the broader scope of O-1 Visas sets the foundation for comprehending the unique qualifications required for exceptional professionals across various domains. (See below)

  • O-1B Visa: Extraordinary Ability in the Arts

The O-1B Visa is specifically designed for artists, the crux of your creative aspirations, and the point of today’s blog.

This category caters to individuals exhibiting extraordinary ability in the arts and those who have achieved outstanding milestones in the motion picture or television industry. For artists who wish to make a name for themselves in the US, the O-1B Visa is the designated pathway.

It is a chance for them to showcase their exceptional artistic prowess on an international platform and become a household name within and outside the US.

Key Requirements for Artists Pursuing the O-1 Visa

An O-1 Visa is for artists who are the cream of the crop, a cut above the rest. The US Citizenship and Immigration Services (USCIS) has outlined several criteria to identify such individuals.

  • Extraordinary Ability or Achievement

Artists starting their O-1 Visa process must display an extraordinary level of skill and accomplishment in their chosen field.

It’s not enough to be proficient in your artistic field, not when you’re applying for an O-1 Visa for artists. You can be naturally talented, but to monetize that talent, you could have undergone rigorous training, participated in various contests, and have a sizeable portfolio to your credit.

In other words, you must have a substantial body of work that acts as a testament to your exceptional talent and potential for making a significant impact in your artistic domain.

  • Recognition Criteria

Recognition serves as the brushstroke that colors an artist’s journey to the O-1 Visa. Awards, critical reviews, and testimonials from industry experts collectively contribute to establishing the artist’s prominence.

The broader the recognition, the more compelling the case for your extraordinary ability, which improves your chances of getting approved for an O-1 Visa.

  • Job Offer or Engagement

A fundamental requirement for the O-1 Visa is a formal job offer or engagement in the US. Artists must present a specific project, event, or employment opportunity that not only aligns with their extraordinary skills but also highlights the demand for their unique artistic contributions on American soil. This ensures that the artist’s presence is not just desired but essential in this country’s artistic landscape.

  • Consultation

Obtaining an advisory opinion, also known as a consultation or peer letter, from a peer group, labor organization, or relevant expert in your field is a crucial step in the O-1 Visa application process.

This external validation serves as an additional layer of authentication, providing a professional perspective on your extraordinary ability. It strengthens your case and adds credibility to your standing within the relevant artistic community.

  • Supporting Documentation

Building a compelling case for the O-1 Visa necessitates meticulous documentation. A detailed itinerary of events or projects, contracts, and any additional evidence supporting your extraordinary ability serves as the foundation for your visa application.

These documents give credence to your achievements and discusses the contributions you can make during your stay in the US.

Navigating the Application process

Below are the key steps, from the initial form submission to approval.

  • Submitting Form I-129

The O-1 Visa journey commences with the submission of Form I-129, Petition for a Nonimmigrant Worker. A collaborative effort between the artist and their US employer or agent, this step lays the groundwork for the comprehensive documentation that will follow.

  • Turning in Comprehensive Supporting Documents

Compiling a robust portfolio of supporting documents is paramount for a successful O-1 Visa application.

Awards, publications, exhibition records, peer letters, and other forms of recognition, most of which we have gone over in the previous sections, fortify your extraordinary ability and are a testament to your impact in your relevant field.

  • Awaiting Approval and Visa Issuance

With the approved petition in hand, you may initiate the application process at the US embassy or consulate in your home country. This involves submitting the required documentation, completing the necessary forms, and attending a visa interview. It is essential to adhere to the specific procedures and guidelines outlined by your embassy or consulate.

  • Visa Interview

A visa interview is one of the final steps in the application process. During the interview, a consular officer will assess the following:

  • Your eligibility for the O-1 Visa;
  • The purpose of your visit to the US;
  • The authenticity of the provided documentation.

You must be well-prepared to answer any questions related to the above, providing clear and concise answers to the officer’s inquiries.

Visa Issuance

Upon successful completion of the visa application and interview, if the consular officer approves the O-1 Visa, it will be stamped into your passport. The visa typically specifies the period for which you are authorized to stay in the US, the type of activities you are permitted to engage in, and any other relevant conditions.

Pursuing Artistic Activities

With the O-1 Visa secured, you can engage in the specific artistic activities outlined in the petition. From participating in performances to exhibitions and approved projects, you have the opportunity to contribute your extraordinary talents in the US.

Visa Renewal or Extension (if applicable)

If you intend to stay in the US beyond the initially approved period, you may explore options for visa renewal or extension. This involves filing a new petition or extension request to continue pursuing artistic endeavors in the country.

Navigate Success with an Immigration Lawyer by Your Side

As we conclude this exploration of the O-1B Visa, we must emphasize the importance of expert guidance in your journey.

The complexities of immigration law can overwhelm the best of us, and securing an O Visa is no exception. Our immigration lawyer, with her breadth of experience and expertise, can ensure you stay on the right course and help you steer through the legal nuances with ease.

Book a consultation with our lawyer to get the right head start on your visa application process.

Divorce and Your Green Card

If you have been married for less than two years when your green card is granted, you’ll receive a conditional or temporary green card, which is only valid for two years.

Before it expires, you must jointly file a petition to remove conditions on a marriage-based green card and receive a permanent (unconditional) green card.

But what if your marriage doesn’t survive the two-year mark?

  • The I-751 Petition

Should you find yourself in a divorce situation before your conditional green card becomes unconditional, you can still apply for a waiver of the joint filing requirement and file the I-175 petition regardless. This requires proving that the marriage was genuine and not a means to obtain immigration benefits.

It’s crucial to provide strong evidence to support your case, such as joint financial records, shared assets, and statements from loved ones who can vouch for your marriage.

Effect on Your Permanent Residency

While a divorce doesn’t automatically mean you will lose your permanent residency, it can complicate the process. If your temporary green card has already become permanent, your legal permanent residency remains intact. However, if you’re in the process of removing the conditions, the divorce might necessitate a waiver.

The Process of Submitting an I-751 Waiver

To file Form I-751 with a waiver of the joint filing requirement, it’s crucial to prepare a comprehensive package that includes the following elements.

  • USCIS Filing Fee: Be sure to include the required filing fee, as outlined by the United States Citizenship and Immigration Services (USCIS);
  • Copy of Your Permanent Resident Card: Provide clear copies of the front and back of your permanent resident card to establish your current status;
  • Divorce Decree or Annulment Document: Include a copy of the divorce agreement, marriage dissolution contract, or annulment form. In situations where this document is not yet available, you can submit evidence demonstrating that divorce proceedings are underway.
  • Evidence of a “Good Faith” Marriage: Compile a compelling body of evidence that substantiates the authenticity of your marriage. This evidence can encompass a diverse range of documents and proofs, so it’s essential to present a comprehensive case.
  • Circumstances Surrounding the End of Your Marriage: Offer evidence that provides insight into the reasons behind the dissolution of your marriage. The nature of this evidence will depend on whether your divorce was a “no-fault” one or if actions taken by your former spouse precipitated it.
  • Personal Statement and Supporting Evidence: Draft a personal statement outlining the circumstances surrounding your divorce or ongoing divorce proceedings. This statement, coupled with corroborating evidence, can significantly strengthen your I-751 waiver application.

What Qualifies as a No-Fault Divorce?

In cases where a divorce after a green card was granted to the foreign-born spouse was prompted by irreconcilable differences or a mutual decision to end the marriage, emphasize that it was a “no-fault” divorce.

Detail the specific differences that led to the divorce, such as disagreements on matters like having children or choosing a place to live. If you attempted to salvage the marriage through counseling, provide records or evidence of counseling, such as invoices or appointment schedules.

A Closer Look at Divorce by Fault of Ex-Spouse

In instances where the divorce is a result of your spouse’s actions, such as adultery, abandonment, impotence, or imprisonment, you can submit a copy of the divorce or annulment petition that outlines these fault grounds or any other supporting evidence.

It’s essential to avoid making statements that imply you were at fault in the divorce, especially if your actions played a role in the dissolution. If you suspect that your conduct may have adversely affected the divorce proceedings, it’s crucial to seek guidance from an experienced immigration lawyer.

When filing Form I-751 jointly with your spouse, it must be submitted within the 90-day window preceding the expiration of the conditional resident’s green card. However, if you’re applying with a waiver after a divorce, you enjoy greater flexibility. The petition can be filed at any point following the grant of conditional resident status and before the temporary green card holder is subjected to removal proceedings.

Waiver When the Divorce is Not Final

In certain scenarios, the conditional resident’s status may expire before the divorce is officially concluded due to prolonged divorce proceedings. In such situations, various options are available.

They could do one of the following:

  • File the I-751 Petition with evidence that demonstrates the initiation of divorce proceedings;
  • Delay filing the I-751 Petition until conditional resident status has lapsed and removal proceedings are initiated.

Individuals facing this complex decision should consult an experienced immigration attorney who can provide tailored guidance regarding an impending divorce after getting a temporary green card. Failure to file the I-751 can result in temriantion of your permant recidecy and commencement of removal proceedings against you.

Should you choose to file Form I-751 with a waiver predicated on divorce, USCIS will require proof of the marriage’s termination, such as a divorce decree or annulment, before granting your request.

To fortify your case, providing evidence that the divorce process has been set in motion, such as court documents, can significantly enhance your application’s strength. Typically, USCIS will respond with a receipt notice (Form I-797C) extending your green card’s validity for an additional period (usually one year) and will subsequently request the final divorce decree when available.

The Impact on Naturalization Proceedings

Divorce can also affect your eligibility for US citizenship through naturalization. To become a US citizen, you typically need to be a permanent resident for at least five years—three years for spouses of US citizens.

If you’re divorced during this period, it might affect the timeline for your naturalization eligibility.

Get Legal Help Removing Conditions on Marriage-based Green Card Post-Divorce

The immigration process can be intricate, and its intersection with divorce adds more complexity.

Consulting with an immigration lawyer is highly recommended in these situations—even better if they speak your native language. Schedule a consultation with Attorney Perez, who has the experience to help you get to LPR status and can communicate in Spanish, English, and Portuguese with her clients.

Let Attorney Perez examine your specific circumstances, guide you through the process, and help you navigate the requirements for removing conditions on your marriage-based green card.

Book your consultation online.

Before Naturalization: Marriage-Based Petitions

Having a green card is one of the major prerequisites for submitting your citizenship application. A foreign-born spouse must first establish their eligibility through a marriage-based green card in this instance.

This process typically involves the following steps.

  • Marriage Certificate: The foundational document for the entire process is the marriage certificate. A valid and legally recognized marriage certificate is a prerequisite for this journey. Only legally married couples are eligible to pursue permanent residency through marriage;
  • Filing Form I-130: The US citizen spouse is responsible for filing Form I-130, the Petition for Alien Relative. This petition is submitted to US Citizenship and Immigration Services (USCIS), and it serves as the formal request to establish the qualifying relationship between the US citizen and the foreign-born spouse.
  • Proof of Relationship: Along with Form I-130 petition, you must provide substantial evidence of their genuine and ongoing marital relationship. This can include joint bank accounts, shared bills, memories immortalized via photographs, and affidavits from friends and family verifying the status and nature of your marriage;
  • Filing Fees: As with most immigration processes, there are associated filing fees for the petition. These fees are not the same across the board and may vary, given the specific circumstances of the case. They are a necessary part of initiating the journey.

Recommended Read: A Comprehensive Guide to the Green Card Process for Spouses of US Citizens

Adjustment of Status or Consular Processing

Once the marriage-based petition is approved, you have two paths to choose from for adjusting your immigration status.

  • Adjustment of Status: If you are already in the United States and you are eligible, you can opt for adjustment of status by filing Form I-485 without flying back to your home country. This option typically takes several months to complete;
  • Consular Processing: If you are residing abroad, preferably in your home country, you can visit a US embassy or consulate for consular processing. This process permits you to receive an immigrant visa for lawful entry into the US, after which you will become a permanent resident upon arrival.

Recommended Read: Pathways to Permanent Residency in the United States

Conditional Green Card

In many marriage-based immigration cases, the foreign-born spouse initially receives a conditional green card. This conditional status is granted for two years and serves as a probationary period designed to ensure that the marriage is genuine. To remove these conditions and eventually kick off the naturalization process, you must file Form I-751 with your legal spouse 90 days before the conditional green card is set to expire.

Recommended Read: What You Need to Know About a 10-Year Marriage-Based Green Card

Naturalization Eligibility

To become eligible for naturalization, you must meet specific requirements, which typically include the following.

  • Meeting the Residency Requirement: The US citizen spouse (you) must have held a green card for at least three years if they are married to a US citizen. If you are married to a legal permanent resident, this duration is increased to five years as you go further down the priority list. This criterion demonstrates your commitment to and integration into American society;
  • Continuous Residence: You must have resided in the United States continuously for the specified period leading up to your citizenship application. Prolonged absences from the country can affect eligibility;
  • Good Moral Character: Demonstrating good moral character is crucial. This entails maintaining a clean criminal record and abiding by US laws. Criminal convictions, certain traffic violations, or legal issues like failure to pay child support can potentially impact your eligibility;
  • Language and Civics Test: Passing a US history and government test and an English language proficiency test is a fundamental part of the naturalization process. You are required to demonstrate your ability to communicate in English and your knowledge of US history and government;
  • Taking the Oath: The Oath of Allegiance is where you solemnly swear loyalty to the United States. The Oath symbolizes your commitment to the values and principles that define the nation.

The Naturalization Process for Foreign-Born Spouses

Once the eligibility criteria are met, submit Form N-400, the Application for Naturalization. The application process involves various steps.

  • Biometrics Appointment: After applying, the applicant will be scheduled for a biometrics appointment. During this appointment, their fingerprints and a photograph will be taken for background checks;
  • Interview: The USCIS interviews the applicant, typically at a local USCIS office. This interview is designed to evaluate the applicant’s knowledge of US history, government, and English language proficiency. It is also an opportunity for the USCIS officer to review the applicant’s application and supporting documents;
  • Background Check: Throughout the naturalization process, a thorough background check is conducted to ensure the applicant’s good moral character. This includes reviewing criminal records and any other relevant information;
  • Oath Ceremony: If the applicant successfully completes all the necessary steps and is approved for naturalization, they are invited to attend a naturalization oath ceremony. During this event, they officially become a US citizen and take the Oath of Allegiance.

Frequently Asked Questions About the Naturalization Process

Now, let’s address some of the most frequently asked questions about the naturalization process for lawful permanent resident spouses of US citizens.

1. Can my spouse petition for me if they are a green card holder?
A green card holder may petition for their foreign-born spouse, but the process may take longer compared to a petitioner who is a US national.

2. How long does it take to complete the naturalization process?
The naturalization process depends on various factors, such as your location, USCIS processing times, and individual circumstances. It usually takes 8–14 months from filing the N-400 form to the oath ceremony.

3. Can I apply for naturalization even if I have a criminal background?
Having a criminal record does not mean you don’t qualify for naturalization. However, certain criminal convictions may impact your eligibility. It is crucial to consult with our immigration attorney to assess your specific situation.

4. Do I need to hire an immigration attorney for the naturalization process?
An immigration attorney can be beneficial if you have a complex case or are unsure about your eligibility. An attorney can provide guidance and help navigate the process more effectively. They can also ensure you truly qualify for citizenship.

5. Can I travel outside the US while my citizenship application is pending?
It’s best to avoid international travel while your naturalization application is pending. If you must travel, get in touch with our attorney to ensure you follow the proper procedures to avoid jeopardizing your application.

The Role of an Immigration Lawyer

An immigration attorney plays a crucial role in ensuring a smoother journey and addressing any specific concerns you may have.

Here are some ways in which we can assist.

  • Legal Expertise: Our immigration lawyers are well-versed in the ever-changing immigration laws and regulations. They have an in-depth understanding of the complexities of the US immigration system, including the specific requirements and procedures for spouses seeking naturalization. They can provide accurate guidance and advice tailored to your individual case, ensuring that you are well informed about the process and its potential pitfalls.
  • Documentation and Application: The naturalization process involves a significant amount of documentation, forms, and supporting evidence. Our attorneys can help you compile the necessary documentation, complete forms correctly, and submit your application accurately. This reduces the risk of delays or denials due to mistakes or omissions in your application. They can also guide what evidence is most compelling to demonstrate your eligibility based on your unique circumstances.
  • Case Evaluation: Our lawyers can assess the unique circumstances of your case. If you have a criminal record or other complicating factors, they can evaluate the potential challenges and advise you on how to proceed effectively. Their expertise enables them to anticipate issues that might arise during the process and develop strategies to address them.
  • Communication with Authorities: Your attorney can act as an intermediary between you and immigration authorities. They can handle communication on your behalf, addressing any inquiries or requests for additional information in a professional and timely manner. This can help streamline the process and reduce the chances of misunderstandings or delays in your case.
  • Appeals and Challenges: In the unfortunate event that your application is denied, our immigration attorneys can assist with appeals or other legal challenges. They have experience in navigating the appeals process and can help you understand your options and how to present a stronger case. This can be crucial in ensuring that you maximize your chances of success in obtaining US citizenship.
  • Peace of Mind: Having an attorney by your side can provide peace of mind throughout the naturalization process. The process can be stressful and frustrating, especially if you have some kinks in your application. Knowing that a legal professional is guiding you through the intricate immigration process can relieve some of the anxiety associated with the journey.

Maintaining Your Permanent Resident Status

While the ultimate goal is naturalization and US citizenship, foreign-born spouses need to understand the importance of maintaining their permanent resident status while the naturalization process is underway.

Here are some key points to consider.

  • Continuous Residence: Continuous residence is a critical requirement for naturalization. Avoid prolonged trips abroad that might disrupt your continuous residence. Extended absences can potentially affect your eligibility for naturalization. If you need to travel extensively or for an extended period, consult with our immigration lawyers to explore options to preserve your continuous residence;
  • Be a Law-Abiding Resident: To maintain your good moral character and eligibility for naturalization, ensure that you abide by US laws and regulations. Avoid any criminal activities or actions that could jeopardize your standing. If you have concerns about past legal issues or potential complications, consult with our immigration attorney to address them proactively;
  • Maintain Legal Marriage: Continue to maintain a genuine and ongoing marital relationship with your US citizen spouse. USCIS may conduct interviews or investigations to verify the legitimacy of your marriage. Keep joint financial accounts, shared bills, and a record of your shared life to provide evidence of your bona fide marriage. Explore your options in our recent blog should you need to get a divorce from your American natural spouse;
  • Renew Your Green Card: If you hold a conditional green card, make sure to file the I-751 petition to remove conditions on residence in a timely manner. Failure to remove these conditions can lead to the termination of your permanent resident status, potentially affecting your ability to pursue naturalization;
  • Update USCIS on Changes: USCIS must have accurate and up-to-date information about your residence, employment, and other significant details. Notify USCIS promptly if you change your address or other relevant information. Failing to do so could lead to missed notifications and potential complications in your case.

While the prospect of obtaining US citizenship through marriage is a dream shared by many, it’s essential to recognize the challenges that may crop up along the way. This is where the guidance and expertise of our immigration lawyer can make a significant difference in your journey.

Attorney Ingrid Borges Perez is not just a great lawyer who has overseen several marriage-based immigration processes; she’s a great attorney who has provided application assistance to English and non-English speakers. The multilingual attorney speaks your language if your preferred language happens to be Spanish, Portuguese, and English.

Get in touch for inquiries and concerns.

Why have we called your position precarious?

A conditional green card is a two-year temporary status designed to ensure that the marriage is genuine and not solely for immigration purposes. It’s important to note that conditional green cards are also granted to the children of foreign fiancés or fiancées when they enter the US and marry within 90 days.

Click here for more information about Fiancé(e) Visa.

In either case, you will be granted a temporary permanent residency, which is why we are writing today to guide you through removing conditions on your family-based visas.

The Conditions Attached to Conditional Green Cards

The conditions associated with a conditional green card require the holder to live with their US citizen or permanent resident spouse in a legitimate marriage.

To maintain this status, individuals are required to request the removal of conditions within 90 days preceding the second anniversary of receiving the conditional green card.

Removing conditions on family-based visas is important because if the conditional green card expires, you might be removed from the United States at any point after the completion of those final 90 days. Once the conditions are removed, the temporary resident is granted a permanent 10-year green card.

Let us walk you through the steps of removing these conditions.

Timing is Crucial

Removing conditions on family-based visas begins with understanding the significance of timing. You must file the petition to remove conditions during the 90-day window preceding the two-year anniversary of receiving your conditional green card. Missing this deadline could potentially lead to the expiration of your conditional green card and the risk of deportation. Therefore, it’s crucial to set up reminders and remain vigilant about adhering to this timeline.

The 90-day period before the second anniversary is a critical window, and it’s advisable to start your preparations well in advance. By having all the required documentation ready and ensuring that you file the petition on time, you can avoid unnecessary complications and ensure the continuity of your legal status.

Gather Comprehensive Supporting Documentation

The strength of your petition to remove conditions hinges on the quality and comprehensiveness of your supporting documentation. These documents serve as the pillars of your case, and they should leave no room for doubt regarding the authenticity of your marriage. The US Citizenship and Immigration Services (USCIS) closely scrutinizes these documents to ascertain the legitimacy of your marriage.

Here’s a detailed breakdown of the types of documentation to include.

  • Joint Financial Records

These records provide a clear picture of your financial interdependence. Include documents such as joint bank accounts, credit card statements in both spouses’ names, and tax returns filed jointly. These financial records demonstrate your commitment to sharing economic responsibilities in the marriage.

  • Evidence of Shared Living

To prove that you reside together as a married couple, include documents such as lease agreements or mortgage statements showing both your names, utility bills showing joint responsibility, and receipts for rental or mortgage payments. These documents illustrate your shared living arrangements and financial commitments.

  • Joint Assets and Liabilities

Show that you and your spouse share assets and liabilities as a married couple. Include evidence of joint ownership of property, assets, and debts, such as jointly held titles on vehicles, real estate, and documents related to shared loans or credit card debts. This demonstrates your commingled financial interests and responsibilities as a couple.

  • Family Photos

Collect a variety of photographs that depict the different aspects of your married life. These photos can serve as compelling visual evidence of your shared experiences and prove that you are not attempting to capitalize on the marriage-based immigration laws of the United States.

Include pictures from significant milestones, family gatherings, vacations, and everyday life. Make sure to provide context for each photo, explaining the date, location, and the people depicted.

  • Correspondence

Your written communication with your spouse plays a vital role in demonstrating an ongoing and genuine relationship. If it’s too intimate, you don’t have to, but you could include letters, cards, and emails exchanged between you and your spouse to strengthen your case.

These documents reveal the emotional and communicative aspects of your marriage and could help to remove conditions on your family-based visa.

  • Affidavits from Family and Friends

Statements from at least two friends and/or family members who can vouch for the authenticity of your marriage are valuable supporting evidence. These affidavits serve to further validate your relationship from the perspective of individuals who know you well.

When collecting and organizing these documents, attention to detail is essential. Ensure that your records are well-organized, easily accessible, and clearly labeled. The people providing these affidavits are also required to mention the following details:

  • Their full name;
  • Current address;
  • Date of birth;
  • Place of birth;
  • Relation to the conditional resident.

They should then go on to provide a statement telling the USCIS how they know the couple has entered the marriage in “good faith.”

By thoroughly preparing and presenting a comprehensive set of such supporting documentation, you can significantly strengthen your case and enhance the likelihood of a successful outcome when you file the petition to remove conditions.

Filing Form I-751

The next critical step in removing conditions on family-based visas is to complete and submit Form I-751, the Petition to Remove the Conditions on Residence. This form serves as the formal request to remove the conditions from your green card, transitioning you from a temporary resident to a permanent one.

Here are key considerations when filling out Form I-751:

  • Joint Filing

For most conditional green card holders, joint filing is the standard procedure. This means that both you and your spouse will sign and submit Form I-751 together. This joint filing signifies your commitment to the authenticity of your marriage and provides compelling evidence of its legitimacy.

  • Exceptions for Abuse or Extreme Hardship

In cases where joint filing is not possible due to divorce, abuse, or extreme hardship, you may file a waiver of the requirement. To seek a waiver, you must provide valid reasons and supporting evidence to substantiate the need for such an exception.

When applying for a waiver, it’s crucial to present a clear and persuasive argument, along with supporting documentation that substantiates your claim. In cases of abuse, you might provide documents such as restraining orders or police reports.

In contrast, cases of extreme hardship may require extensive documentation to establish the difficulties you have encountered. Seek legal counsel via immigration law consultations if you are unsure about your eligibility for a waiver, as this is a complex area that may benefit from professional guidance.

Filling out Form I-751 accurately and comprehensively is of utmost importance. Minor errors or omissions can lead to delays or complications in the processing of your petition. Be sure to follow the instructions provided with the form and ensure that all required information is completed accurately.

Attend an Interview

As part of the process to remove conditions, USCIS may request an interview to further assess the authenticity of your marriage. This interview is a pivotal step in the evaluation process, and you should be prepared to respond to questions about your relationship and provide additional evidence.

Here are key aspects to consider.

  • Review Your Documentation

Familiarize yourself with the supporting documentation you submitted with your petition. The immigration officer may ask questions related to the information in the documentation. Being well-prepared ensures that you can provide coherent and consistent answers that are consistent with what is presented in the documentation.

  • Practice Interview Questions

Take time to practice answering common interview questions related to your marriage. By rehearsing your responses, you can build confidence and composure, helping you perform well during the actual interview.

Common questions may cover topics like how you met, your daily routines, and your future plans as a married couple.

  • Attend the Interview Together

If you filed Form I-751 jointly with your spouse, both of you must attend the interview. During the interview, USCIS officers may ask questions of each spouse separately and compare the answers to ensure consistency. By being present together, you can demonstrate unity and strengthen the verification of your marriage.

The interview serves as a final check to verify the authenticity of your marriage and the truthfulness of your petition. Honesty and clear communication are key to a successful interview. Be candid in your responses, and be prepared to provide additional evidence or clarification if requested by the immigration officer.

Sidebar: When Can You Avoid the I-751 Interview?

USCIS officers may opt to waive the interview if they are confident in several key factors:

  • They have adequate evidence within the record to verify the legitimacy of your marriage, and there is no indication that the marriage was solely entered into to circumvent US immigration laws;
  • USCIS has previously interviewed the principal petitioner during the consular or adjustment interview process;
  • The officers are satisfied that there is no evidence or indication of fraud or misrepresentation present in either the Form I-751 petition or the supporting documentation provided.
    The case does not involve intricate or complex facts or any other red flags that necessitate an interview to resolve;
  • In other words, you can avoid an interview if the steps preceding the interview and the process to get a conditional green card in the first place were flawless and uneventful.

Receive Your Permanent Green Card

If USCIS is satisfied with your documentation and the interview, your conditions will be removed, and you will get a permanent green card. This permanent resident card is a significant milestone in your immigration journey, offering security, stability, and access to more social services during your time in the United States.

As mentioned previously, this permanent green card is typically valid for ten years. As a permanent resident, you have the freedom to live and work in the United States without the fear of losing your status. You also have the option to travel abroad and return to the US as a permanent resident.

After living here as a permanent resident for five years, you may become eligible for US citizenship. The duration is lessened to three years if your spouse is a US citizen. Naturalization is an important step for those seeking full integration into American society and enjoying the rights and benefits of being a US citizen.

The process of removing conditions on family-based visas is a meticulous and well-defined path that demands attention to detail, thorough preparation, and a commitment to maintaining the authenticity of your marriage. It is intricate but organized and requires your single-minded focus because there is simply no room for error. Go over your petition and supporting documentation over and over again until you are satisfied that a USCIS officer won’t find a reason to reject your petition and would, at the very least, call you in for an interview.

The Wrap Up

Do you have a conventional marriage or require a waiver due to divorce, abuse, or extreme hardship? Following these steps will help you successfully transition to a permanent green card, ensuring a brighter and more secure future for you and your family in the US.

By adhering to the procedures and preparing diligently, you can ensure a smooth transition to permanent resident status, granting you the security and freedom to build a fulfilling life in the West.

If you need any legal help going over the steps or crossing your hurdles, don’t hesitate to reach out to our immigration lawyer for assistance. Attorney Ingrid Borges Perez’s immigrant experience has motivated her to help scores of people get green cards through family and remove conditions on marriage-based green cards.

Get in touch for her help and assistance.

What Our Clients Say

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I m very grateful to give all credibility to IBP Immigration for the responsibility and sincerely on my citizenship case!

Benedito Zuanetti
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I highly recommend Ingrid / Terra immigration partners. Ingrid is one of the most responsive attorneys I have ever communicated with. In the beginning I was under the assumption I would be communicating mostly with the paralegal just like most law firms I was very wrong. Ingrid personally reached out every time she needed information, from emails, Face time calls to text messages it was her every time.

Ingrid and her team were extremely organized, informative and punctual which made me and my wife feel extremely confident going through this unfamiliar process. During our immigration interview the person conducting the interview even commented on how organized and well done our submission paper worked looked.

Terra immigration really made this whole process a breeze and stress free, I would only recommend Ingrid and Terra immigration partners to handle your case.

Alec Desils
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I’m very satisfied with the service provided by Ingrid. She was so professional and did everything efficiently. We feel so blessed in have her guiding us in this process. I highly recommend IBP Immigration.

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I can’t say enough good things about IBP Immigration Law. Ingrid Perez is so knowledgeable, attentive, responsive, caring and an absolute pleasure to work with. She clearly outlines what is to be expected so there are no surprises. And explains everything in layman’s terms. I highly recommend IBP Immigration Law. Thank you Ingrid for making me feel so comfortable and easing the stress of the legal process.

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I am very glad to have Ingrid Perez worked on my EB2 case, and eventually receiving GC in very quick time. She was very professional, expert, sincere and calm to deal with from start to finish, also very affordable amongst others. I highly recommend her. Thanks Ingrid 🙂

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Ingrid was extremely knowledgable, organized, and on top of our rather complicated immigration case. She helped strategize and streamline the process and we highly recommend her!

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