Expert Tips for Successful Green Card Adjustments in 2023

January 2017

Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235

175 Eileen Way, Syosset NY 11791

Subscribe to our monthly free legal updates, SHAUTSOVA’S UPDATE.

Follow our Blog Posts commenting on the latest developments in the immigration and civil rights world

http://www.workharassmentattorneys.com/ 

http://www.russianspeakinglawyerny.com

HAPPY NEW 2017 YEAR!

Illustration celebrating the Year of the Rooster, featuring a red rooster with floral designs, a flowering tree, and festive lanterns, accompanied by the text 'Happy New Year 2017'.

While the Chinese New Year has not come yet, I would like to share this wonderful image of the Rooster. May the New Year bring the best to your families and friends. I wish it to be the luckiest, healthiest and most peaceful (despite the Rooster’s fighting nature) year for everyone!

NEWS FLASHES:

Green Card For Parents: Benefits Available

Asylum Pending Status Explained

3. Asylum: How An Address May Impact The Result Of Your Case

VAWA And Work Authorization

Watch our recent videos:

Alena Shautsova uploaded a video 1 week ago

 10:27

Legally Speaking: Adjustment of Status based on Marriage

Alena Shautsova

 12:09

Legally Speaking: US Asylum Process Overview

1. I-751 Removal of Conditions after Divorce: Supporting Evidence

Author: Green Card Lawyer Alena Shautsova

The removal of one’s conditions on one’s permanent resident status is difficult to accomplish for married couples who have a true bona fide marriage. Without professional help or guidance of an attorney it can be cumbersome for couples who are camera shy, haven’t consolidated their bank accounts into joint bank accounts, or are simply have a relationship that is “under the radar” for what USCIS considers bona fide.

The removal of one’s conditions is made available after 2 years of their approval for the initial permanent residence status (a joint I 751 petition shall be filed within 90 days of the second anniversary of the conditional resident’s green card). That being said, individuals who get divorced during this 2-year period may find it difficult to obtain supporting evidence to prove a bona fide marriage beyond what was initially submitted during their first permanent residence application. This is where a good lawyer who can think outside of the box and be creative becomes the greatest gift you can afford yourself. Not only will an experienced attorney help you to identify potential evidence of a bona fide marriage, but also help you to collect additional evidence. The following supplemental evidence will be helpful in case where the brevity of the marriage to a US Citizen spouse creates a lack of evidence:

Evidence that you may have but do not realize it can be evidence just yet

Pictures – A picture can say a thousand words, If you have pictures of you and your ex together and happy find them and present them.

Text, Facebook, Skype, Viber, or any other form of communication that shows messages between you and your ex.

Receipts to events you and your ex attended, this can be a bill from a restaurant or a credit card statement showing the purchase of movie theatre tickets. This is a secondary evidence as you cannot prove that you and your ex attended the event together, but it will help in a good faith attempt to disclose as much as possible regarding the proof of your bona fide marriage.

Documents listing you as a beneficiary or emergency contact for your ex. This can be life or health insurance whether private or from work that lists you as a beneficiary or emergency contact. Maybe you have a copy of a gym membership listing you as a beneficiary of your ex or vice versa. The best thing to do is to sit down and think about all the things you and your ex did together during your marriage and figure out what you can get a copy of. A gym membership may not give you a copy of your ex’s registration but they can give you a copy of yours. The DMV will give you a copy of the cars you are registered under which may be a common car between you and your ex.

Evidence that can be collected for the sole purpose of I-751 Removal of conditions

Psychological Evaluation from a Licensed professional – When all else fails a licensed

psychologist can be pivotal in the event that you lack a majority of the above-mentioned evidence. Psychologists with a background in lie detection are also a plus, when they mention that they believe your story about the relationship between you and your ex it will hold more weight than that of a Psychologist without such experience.

Affidavits from friends and family members that can attest to the validity of your relationship.

An affidavit from a landlord if a formal lease never existed stating that you and your ex lived together and for which periods of time.

Police reports, medical reports, bills, etc.etc.etc.

Of course, do not forget traditional evidence of copies of joint tax returns, utility bills, birth certificates of children born from the ex-spouse. Depending on the grounds of the petition (a joint one or one based on a waiver), a person may be required to prove certain “legal” points in order to remove the condition. If you have questions regarding I 751, please call us at 917-885-2261.

SUCCSEFUL ADJUSTMENT OF STATUS FOR A CANADIAN CITIZEN (A SUCCESS STORY)

It is very easy for a citizen of Canada to enter the US. Most of the visitors from Canada do not apply for a US tourist visa and freely use an entrance under the special agreement between the US and Canada that allows them to enter and stay in the US for up to 6 months without a visa. Of course, it is possible for a Canadian citizen to use a regular process and obtain a visa from a consulate, but most of the visitors do not think about the “difference” in legal treatment of two kinds of entry and simply buy a train ticket or come to the US using their cars.

The “surprise” comes later, and only if a Canadian overstays his authorized stay and would like to either change the tourist status to a work visa, let’s say, or become a US permanent resident.

That it exactly what happened to one of my clients. Ms. Y had no plans of staying in the US when she bought her train ticket, and in fact did not even keep a copy of it, as she never planned to stay in the US for long, and did not think that she would need evidence of “legal” entry. Ms. Y married a US citizen some time after her entry to the US, her 6 months authorized stay expired, and she realized that she wanted to become a lawful permanent resident well after her entry. Unfortunately, the USCIS does not have any “special” treatment for citizens of Canada when it comes to proving the legal entry. In fact, just like citizens of Germany, Russia, or Mexico, Canadians have to prove that they were inspected and admitted when they entered the US in order to be eligible for the adjustment of status. Ms. Y was pretty stressed out about this fact when she and her spouse came to my office. A denial of the adjustment of status application was not an option for her.

Unlike some jurisdictions, New York has a rigid policy when it comes to “waved in” adjustment of status applications. However, New York USCIS does consider secondary evidence of inspection and admission such as a detailed affidavits or testimony of the parties with the first -hand knowledge of the applicant’s entry, copies of tickets, stamps of entry in the passports of the accompanying travelers, etc. It is USCIS’ discretion whether or not to consider the secondaryevidence, as well as to grant or not the adjustment application. In the case of Ms. Y, USCIS initially challenged the validity of her entry, arguing that because she did not possess a stamp in her passport or copy of her ticket her entry could have been done through a nonauthorized point. However, later USCIS agreed to grant Ms. Y’s adjustment of status application once they listened to her credible testimony, and considered other secondary evidence of her legal entry: an admission stamp in the passport of the person who traveled with her, as well a copy of the credit card statement showing the purchase of the Amtrak ticket. Ms. Y’s adjustment application was granted, and now she is a green card holder!