Law Offices of Lawrence Gruner, Inc.

Is Your Facebook Account Hurting Your Application for a Green Card?

admin — Tue, 14 Feb 2012 02:35:48 +0000

The New York Times recently ran an article titled “Facebook is Using You” by Lori Andrews. In the article it said that “material mined online has been used against people battling for child custody or defending themselves in criminal cases. LexisNexis has a product called Accurint for Law Enforcement, which gives government agents information about what people do on social networks. The Internal Revenue Service searches Facebook and MySpace for evidence of tax evaders’ income and whereabouts, and United States Citizenship and Immigration Services has been known to scrutinize photos and posts to confirm family relationships or weed out sham marriages….”

If you are applying for a green card or if you are filing any immigration case you may wish to review your social media accounts to make sure that everything is in order. The last thing you want is for your facebook account to give the appearance that your petition or your application is false in any way.

Lawrence Gruner is a Stockton Immigration Attorney with almost 20 years of experience. His office handles cases throughout California, the United States and the World. You may reach our office at 209-390-4455 or toll free at 888-801-6558 . Attorney Gruner would be happy to review your situation and your options. He can help you come up with a plan for your Immigration case. This post is under Stockton Immigration Lawyer

The information provided on this site is not legal advice but general information only. Laws do change and additional laws may apply in your case. Every Immigration case is different. Please contact our office or the office of another immigration attorney to review your matter prior to filing any documentation with USCIS

May I Obtain a K-1 Visa for My Fiancee if I am Not a US Citizen?

admin — Wed, 08 Feb 2012 16:57:52 +0000

I would like to file a K-1 Fiancee visa petition for my fiancée. However, I only have a green card. Can I apply for the Fiance Visa anyway?

One of the requirements for obtaining a K-1 Fiancee visa is that the petitioner must be a United States Citizen. If you only have a green card then you cannot have a K-1 fiance visa approved. If you qualify for citizenship (you should talk to an Immigration Attorney to make sure that you do qualify) then you should seriously consider filing for your US Citizenship. Do not file your K-1 fiancee visa petition until you actually have become a United States Citizen. If, for some reason you do not qualify to become a US Citizen then in order to bring your fiance into the United States you would have to marry your fiance and then do a marriage based visa. The waiting period, if you follow this route, will be substantially longer.

This post is under Fiance Visa Attorney and Fiance Visa Lawyer . This article is just a basic introduction to this topic. You should seek a competent Immigration Attorney to review your specific facts and circumstances before proceeding with your case.

Lawrence Gruner is an Immigration Attorney with almost 20 years of experience. He handles Immigration cases throughout the United States and the World. He may be reached toll free at 888-801-6558. He would be happy to talk to you about all of your immigration options and help you put together an immigration plan.

The information provided on this site is not legal advice but general information only. Laws do change and additional laws may apply in your case. Every case is different. Please contact our office or the office of another immigration attorney to review your matter prior to filing any documentation with USCIS.

If My Permanent Green Card Expires Am I Out of Status?

admin — Wed, 08 Feb 2012 16:57:44 +0000

No. If you are a permanent green card holder and your green card has expired then you are not out of status. The green card itself is only evidence that you are a permanent resident. If the permanent green card expires you are still a permanent green card holder. This is not true, by the way, of a conditional green card holder. If you have a conditional green card you must take the steps necessary to make sure you timely remove the conditions on your green card. You need to ensure that you make your conditional green card a permanent green card. Failure to do so can lead to loss of your status and also to removal (deportation) proceedings.

Lawrence Gruner is an Immigration Attorney with almost 20 years of experience. This post is under green card attorney stockton. He handles Immigration cases throughout California, the United States and the World. He may be reached toll free at 888-801-6558 or at 209-390-4455

This article is just a basic introduction to this topic. Immigration laws can and do change. You should seek a competent Immigration Attorney to review your specific facts and circumstances before proceeding with your case.

Hope for Undocumented Aliens Wanting To Obtain Their Green Cards

admin — Wed, 08 Feb 2012 16:57:19 +0000

In her excellent January 6, 2012 New York Times article “Tweak In Rule To Ease a Path to Green Card”, Julia Preston writes about an Obama administration proposal which could “encourage Americans to come forward to apply to bring illegal immigrant relatives into the system….”

Under the current law, certain undocumented aliens (those who entered the United States illegally not someone who entered legally and overstayed his visa) who has an American Citizen as a parent or spouse cannot obtain a green card unless the undocumented alien returns to his home country.

However, once the undocumented alien leaves the United States he will be automatically barred from returning to the United States for 3 to 10 years unless he obtains a waiver. (Check with an Immigration Attorney to see if you are subject to a 3 or 10 year bar. Attorney consultations are confidential and some Immigration Attorneys will not charge you for a consultation).

These waivers have, in many cases, been time consuming and very difficult to obtain. Many undocumented aliens have been unwilling to take this risk. (If you entered the United States illegally and have married a US citizen or have a US citizen parent do not file any paperwork with USCIS until you speak to an Immigration Attorney.)

However, under this proposal these undocumented aliens would be able to “obtain a provisional waiver in the United States, before they leave for their countries to pick up their visas. Having the waiver in hand will allow them to depart knowing that they will almost certainly be able to return, officials said. The agency is also seeking to sharply streamline the process to cut down the wait times for visas to a few weeks at most Obama administration officials announced on Friday that they will propose a fix to a notorious snag in immigration law that will spare hundreds of thousands of American citizens from prolonged separations from immigrant spouses and children.”

It is important to note that this is a proposal at this stage. “Agency officials, speaking on condition of anonymity on Thursday before the proposal was formally announced, stressed that this was only the beginning of a long regulatory process that they hoped to complete by issuing a new rule before the end of this year. “

Hopefully, by the end of the year this rule will be in effect. In the meantime, if you are here illegally speak to an Immigration Attorney about your Immigration options.

Lawrence Gruner is a Sacramento Immigration Attorney with almost 20 years of experience. His office handles cases throughout California, the United States and the World. You may reach our office at 916-760-7270 or toll free at 888-801-6558 . Attorney Gruner would be happy to review your situation and your options. This post is under Sacramento Immigration Lawyer

Can I Make a Copy of My Green Card?

admin — Tue, 07 Feb 2012 18:22:14 +0000

Not only can you make a copy you should make a copy of the front and back of your green card. You are required to have your green card in your possession. In the event your green card is lost or stolen it will be easier to obtain a replacement green card if you have a copy of your green card.

This article is just a basic introduction to this topic. You should seek a competent Immigration Attorney to review your specific facts and circumstances before proceeding with your case.

Lawrence Gruner is a green card attorney with almost 20 years of experience. He handles Immigration cases throughout California, the United States and the World. He may be reached toll free at 888-801-6558.

My Green Card Has Not Arrived. What Do I Do?

admin — Tue, 07 Feb 2012 18:10:47 +0000

I had my green card interview 2 months ago. The Immigration Officer told me that I was approved and that I should receive my green card in about 30 days. However, it has not arrived. What should I do?

This happens. You should go online at http://www.USCIS.gov and make an INFO pass appointment to make sure that your card was not sent to the wrong address. The officer at the INFO pass appointment can check if your green card was mailed and to what address it was mailed. This should resolve your problem. However, if it does not then you should contact an immigration attorney for help in your matter.

Lawrence Gruner is an Immigration attorney with almost 20 years of experience. This post is under green card attorney reno.
My office would be happy to talk to you for free about your Immigration case and all of your immigration options. You may call us toll free at 888-801-6558

The information provided on this site is not legal advice but general information only. Immigration laws and requirements do change and different laws can apply to your case. Immigration cases can be very complicated. Every case is different. You should talk to a competent Immigration Attorney prior to proceeding with any Immigration case.

When To Renew Your Green Card

admin — Fri, 03 Feb 2012 15:01:20 +0000

Although permanent residency itself does not expire the actual permanent residency cards “green cards”, which have been issued since 1989, do expire. If you have a green card which has been issued since 1989 you will notice an expiration date on your green card. Under Current Law you must renew your green card every 10 years.

You are required by law to carry evidence of your immigration status at all times (a valid unexpired green card). If your green card is not current then you are violating the law. By having an expired green card you can also run into the problems: e.g. you will have problems proving that you are eligible to work in the United States; and you will have a hard time re-entering the United States from trips abroad. If your green card is expired and you wish to travel please consult with an experienced immigration lawyer before you leave the United States.

If you are in the United States and your green card has expired or is about to expire then file form I-90. You cannot do this unless you are within the 6 month window of when your green card is going to expire. This may be done via email. Visit the USCIS website for the form.

If you are outside of the United States then you will handle the matter differently. According to USCIS, these are the ways you should handle a green card renewal if you are outside the United States:

If you are outside the United States and your green card will expire within 6 months (but you will return within one year of your departure from the United States and before the card expires) you should file for your renewal card as soon as you return to the United States.

If you are outside the United States when the card expires and you have not applied for the renewal card prior to your departure, you should contact the nearest US consulate, USCIS office, or US port of entry before attempting to file Form I-90 for a renewal green card.

At present, it is taking between 3-12 months to obtain your green card renewal. This timeline can change. While you are waiting for your green card renewal you will receive a temporary proof of status from USCIS.

This blog post does not pertain to conditional permanent residents. If you are a conditional permanent resident then instead of applying for green card renewal you need to file your I-751. This needs to be filed in the 90 day period prior to your green card expiring in order to stay in status and not risk removal (deportation) proceedings being started against you. There can be problems in this area so you should at least consult with an immigration attorney before you file the I-751.

You should also consider becoming a naturalized US Citizen. However, if you apply for naturalization you put your green card on the line. If your naturalization case is denied you can also lose your green card. Therefore, it is always highly recommended that you review your immigration history with a competent immigration lawyer prior to applying to become a naturalized United States Citizen.

Lawrence Gruner is a San Diego Immigration Lawyer with almost 20 years of experience. His office handles cases throughout California, the United States and the World. You may reach our office at 619-717-8516 or toll free at 888-801-6558 . Attorney Gruner would be happy to review your situation and your options. This post is under Green Card Attorney San Diego and Green Card Lawyer San Diego.

K1 Fiance Visa In Person Meeting Requirement

admin — Thu, 02 Feb 2012 15:05:26 +0000

I would like to marry my high school girlfriend from Turkey. We have not seen each other in 20 years. However, we talk on the phone , email each other, and skype each other regularly. Can I do a K1 Fiance Visa for her?

No. Under this fact pattern you are not currently eligible to do the K1 fiance visa for her. One of the requirements for a K1 fiance visa is that you have seen your fiancé face-to-face and in person within the last two years. USCIS strictly enforces this requirement. In your situation, even if your fiancé is your high school girlfriend, if you have not seen her, face to face and in person, within the last two years, then you will not have met this requirement. Therefore your K1 visa petition will not be granted. In your case I would suggest that you meet with her before filing for the K1 fiance visa. (Seeing each other over the internet via Skype does not meet this requirement. It is not enough).

If you cannot meet your fiancé face to face and in person because of cultural, religious or extreme hardship reasons you may be able to obtain a waiver of this requirement. If you fall into one of these categories then you should consult with an experienced Immigration Attorney.

Lawrence Gruner is an Immigration attorney with almost 20 years of experience. This post is under Fiance Visa Attorney and Fiance Visa Lawyer .

My office would be happy to talk to you about your Immigration case and all of your immigration options. You may call us toll free at 888-801-6558

10 Things To Know About K1 Visas

admin — Wed, 01 Feb 2012 17:56:00 +0000

1. You and your fiancée must both be free to get married at the time you file your petition. This means that you are both not married at the time the petition is filed with USCIS. Wait until your divorce is final before you file your K1 petition. You should have any annulments or divorce decrees reviewed by a Family Law Attorney prior to the filing of your case. The family law attorney can verify that your annulment or divorce is in fact valid and final.

2. You must be a United States Citizen. Lawful permanent residents (green card holders) cannot submit fiancée petitions. You should talk to an Immigration Attorney to see if you qualify to become a United States Citizen. If you cannot become a United States citizen then you should consider marrying your fiance and then doing a marriage based visa. It will take much longer than doing a fiance visa.

3. You need to have met your fiancée in person in the last two years. You will need to prove to USCIS that you have met your fiancée face to face sometime in the past two years. Even if you call or skype your fiance every day you will still not meet this requirement. You may be able to get a waiver to this face to face requirement based on medical or religious reasons.

4. Your fiancée must not have violated U.S. immigration laws. He or she cannot have used fraud or other illegal means to enter the United States.

5. You must not have filed more than two fiancée visas in the past nor had an approved fiancée petition in the last two years. Once again, a waiver is available from USCIS but there is no guarantee that it will be granted.

6.. You cannot have been convicted of certain crimes. USCIS will be looking at the criminal background of the US citizen. The US Citizen must not have been convicted of a variety of crimes such as domestic violence and homicide. If you have had a crime in your past then an immigration attorney should review the matter prior to you filing your fiance visa case.

7.. You must get married to your fiancée within ninety days of your fiancée entering the United States. In addition, your fiancée will only be able to marry you (the good news is that she cannot substitute someone else) once she comes over on her fiancée visa. If she enters the United States on a fiancée visa and does not marry you within 90 days then she will need to return to her home country. If you do not get married within the 90 day period all is not lost. However, if this is your situation then you should consult with an immigration attorney.

8.. Your fiancée must not have: a dangerous physical or mental disorder; a communicable disease; or committed serious criminal acts (including drug trafficking and prostitution). Also, you fiancée must not be: a drug addict; likely to become a public charge (welfare recipient); or ineligible for citizenship.

9. You will have to show that you have sufficient income to support your fiance when she arrives in the United States. If you do not meet the income requirement you may always ask a green card holder or United States Citizen to be your co-sponsor.

10. You must show USCIS that you intend to marry your fiancée. USCIS will be requiring both you and your fiance to sign documents under oath that you intend to marry each other during the K1 fiance visa process.

If you do not meet these requirements then the K1 will not work for you. However, you may be able to go to your fiancee’s home country, marry her, and bring her into the United States on a marriage based visa. Marriage based visas are currently taking about 9-12 months. The good news is that with a marriage visa your spouse will enter the United States with a green card. Unlike the fiance visa process (where a fiance will still need to apply for a green card in the United States) with a marriage visa your spouse will arrive with a green card. The requirements for a marriage visa are outside the scope of this article. You should consult with an experienced immigration attorney to review your situation.

Lawrence Gruner is a San Diego Fiance Visa Attorney with almost 20 years of experience. His office handles cases throughout California, the United States and the World. You may reach our office at 619-717-8516 or toll free at 888-801-6558 . Attorney Gruner would be happy to review your situation and your options. This post is under Fiance Visa Attorney San Diego and Fiance Visa Lawyer San Diego.

Can I File For a Fiancé Visa if My Fiancée Has Not Received Her Final Divorce Decree?

admin — Wed, 01 Feb 2012 17:05:38 +0000

I want to file a K-1 Fiance Visa for my Fiancee in France. She has filed for divorce from her husband. The divorce is not final. Can I file for a K1 fiance visa while we wait for the divorce to be final?

No. Unfortunately, you will need to wait until the divorce is completely final before you may file for your fiancé visa.

One of the requirements for a K-1 Fiancé Visa is that both you and your fiancé are both free to marry.

In order to be legally free to marry any prior marriage either of you have had needs to have ended in divorce, death or annulment.

If your fiancé is still married at the time you want to file your k1 fiance visa case then you cannot file it. If it is filed in this situation the case will be denied. This is true even if a divorce decree or annulment is procured while your k1 fiance visa case is still pending. Prematurely filing this type of case will have the unintended consequence of delaying your case rather than expediting your case.

To ensure that you or your fiancé have legally obtained divorce or annulment decrees you should consult with a Family law attorney prior to filing your K1 case.

This post is under Fiance Visa Attorney Sacramento and Fiance Visa Lawyer Sacramento.

Lawrence Gruner, Esq. has almost 20 years of experience handling Immigration cases. His office would be happy to talk to you about your Immigration case. We handle cases throughout the United States and the World. You may reach us toll free at 888-801-6558

The information provided on this site is not legal advice but general information only. This article is only a very basic introduction to the topic of fiancé visas. Laws and timelines can and do change. Different laws may apply in your case. Please speak to an Immigration Attorney prior to filing your case.