Marriage based immigration cases

Each month we help Irish immigrants file for legal status after marriage to US citizens.  We want to remind any applicants for immigration benefits not to miss your fingerprint appointment at the US Citizenship and Immigration Service Application Support Center.  You will not be approved for legal residency in the USA without being fingerprinted.  Following filing the 130/485 family petition adjustment of status paperwork, you should begin gathering evidence of your valid marriage.  US CIS examines all marriage based petitions to investigate fraud. 

End of Year tax data

Tax evasion is a ground for removal from the US even for legal permanent resident.  Tax evasion is a crime against the government, and may be considered a crime involving moral turpitude.  Immigrants are reminded to save records for tax filings and to consult an accountant on tax matters.  Even immigrants without lawful status file tax returns, and to do so may obtain a tax identification number from the IRS.  An accountant can assist on all these matters. 

Success at USCIS

On Christmas Eve, one of my long term clients, along with his wife, was granted legal permanent resident status.  USCIS decided at the last minute to waive their interview.  Their son who just became a US citizen earlier this year was able to file for their status.  They had resided here undocumented for over ten years.  They had filed taxes each year in the hope that one day it would help their application for permanent residency and it did.  Attorney Chris Lavery also provided counsel many times along the way on this family sponsorship case.

Family sponsorship

There are two classifications of relatives for family sponsorship.  First, immediate relatives of US citizens who are classified as children and spouses of US citizens, and parents of a US citizen age 21 or older.  There is no limit on the number of immediate relatives who may adjust status to permanent residence in the US.  Second are family based relatives which are limited in number by the Department of State.

There are four different categories in family sponsored preferences.  Relatives who can sponsor immigrants are listed below.  The categories are as follows:

·        First Preference:  Unmarried sons and daughters of US citizens-23,400 visas plus any unused visas from the other family sponsored preference classes.

·        Second Preference:  Spouses, children, and unmarried sons and daughters of lawful permanent resident aliens. 

·        Third Preference: Married sons and daughters of US citizens.

·        Fourth Preference: Brothers and sisters of US citizens if the citizen is at least 21 years old.  

We answer questions each month at our legal clinics on family sponsorship cases.

January 2010 legal clinic

Throughout 2010, we will continue to provide assistance to Irish immigrants on immigration issues at our monthly legal clinics.  Thanks to the ownership and management of Bad Abbots in Quincy for allowing us to use their premises for this clinic. 

 Disclaimer:  These articles are published to inform and not as advice.  Areas of law are always changing.  The USCIS and US Department of State frequently amend regulations and alter processing and filing procedures.  For legal advice seek the assistance of one of our pro bono immigration attorney at our monthly clinics.