July 2010

Being a Parent in a Visa Petition - Part II

My son (or daughter) has gotten married while my petition for him (or her) is pending. Will that delay my petition?

While the CSPA protects a child from aging-out, it does not protect him or her from marrying out. Thus, if the child of a permanent resident marries, then the petition is automatically (by law) revoked. If the child of a U.S. citizen marries, then he is knocked down to a lower category, which results in much stricter quota, resulting in more years of delay. In either case, waiting until the immigration interview to inform the officer of your child's marriage will not help. The effect of marriage is automatic and a delay in informing the Immigration Service only delays the inevitable and wastes the filing fees.


General Advisory and Update: Returning to the U.S. as a Lawful Permanent Resident upon expiration of your Green Card, I-551 stamp or Travel Permit

A common dilemma occurs when a lawful permanent resident travels abroad and his or her green card, temporary stamp or travel authorization expires. Without an unexpired document evidencing lawful permanent residence, the person may be placed in removal proceedings at the airport. If the resident's document does expire while abroad, then he or she may apply for a Returning Resident visa at the U.S. Consulate abroad. As a part of this application, the resident must establish that he or she did not intend to abandon the residence.

There are some new filing procedures for this application. For example, the consulate or embassy will require you to attend a personal interview. If you are a permanent resident whose resident alien card or other evidence of lawful permanent residence has expired during your travel abroad, consult with an experienced immigration attorney immediately.


In This Issue


Newsletter Issues

 

Updates to the E-Verify System

The U.S. Citizenship and Immigration Services (USCIS) has redesigned its website for employers using the E-Verify Program.

"E-Verify is a free, easy-to-use Web-based system—operated by USCIS in partnership with the Social Security Administration — that allows participating employers to electronically verify the employment eligibility of their newly hired employees. More than 208,000 participating employers at more than 762,000 worksites nationwide currently use E-Verify to electronically verify their newly hired workers' employment authorization. Since Oct. 1, 2009, E-Verify has processed more than 11 million queries." ----USCIS.

The new web technology includes enhanced user-friendly navigation and minimizes the possibility of errors.

 

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