Posts Tagged ‘immigration interview’

The immigration interview

The interview process can be quite stressing. This video guide covers the basics of an immigration interview.

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Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Adjustment of Status for Immediate Relatives on B1/B2 Visitor Visas

Shah & Hasan

By: Hasan Abdullah, Esq.

I entered the country on a B1/B2 visitor visa, can I safely adjust status? This is a very common question, and a source of a lot of confusion, even amongst immigration practitioners, USCIS officers, and Consular Officers (AKA ConOffs). The answer, like most things in immigration, is “maybe.”

As many people know, a B1/B2 visitor visa is not a dual intent visa. In other words, you should only have the intent to stay as a visitor and not to immigrate when you get the visa. If a ConOff interviewing you for the visa asks you whether you have intent to immigrate or if you have a US Citizen fiancé in the US, etc, and you say that you do have a fiancé and intend to get married and immigrate, you will not get the visa.

With the above considerations in mind, it is important to also understand the issues of preconceived intent (PCI) and fraud. The basic guideline is that PCI is not an inadmissibility bar, but fraudulent misrepresentation (INA 212(a)(6)(C)(i)) is. So even if you had, in your heart, preconceived intent, if you were never questioned about it, and you never stated anything untrue to a ConOff or Port of Entry Officer, nor made any misstatements in your DS (department of state) forms when they were filled, then you are legally good to adjust status.

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Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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Basic items to have to file for an Immigration Marriage Petition

Shah & Hasan

It is not necessary to have an attorney to file for your marriage petition. However, having a good immigration attorney helping you in the process can make the difference between an approval and a denial. This legal guide will give you some tips and checklist of few of the necessary documents that you would want to put in your case to make sure the process goes smoothly. Note that this list is for general use only.

PETITIONER (U.S.Citizen) – Documents usually required from the Petitioner
■Petitioner’s most recent tax returns
■Petitioner’s W2 or 1099
■Letter from employer stating annual salary, job title and date you started working
■3 most recent check stub
■Original petitioner’s naturalization certificate, U.S passport or certified copy of birth certificate of petitioner if born in the USA.
■Applicant entry documents (passport, I-94, I-20s, IAP-66, etc)
■Airline ticket for marriage trip
■Miscellaneous: anything regarding a bona fide marriage
■Phone bills of calls made between the two of you
■6 passport size photographs. (2X2 inch and white background)

BENEFICIARY (Foreign National) – Documents required
■Certified copy of birth certificate with translation, if applicable
■Medical Examination*
■applicant only (form and list of doctors attached)
■Miscellaneous: anything regarding a bona fide marriage
■6 passport size photographs. (2X2 inch and white background)

* You will be asked about your vaccination history. If available, bring immunization records to your appointment. Note that if you are a beneficiary of INA 245(i) candidate, you will need to bring more proofs such as presence, copy of petition filed, etc.

Documents required by BOTH Petitioner and Beneficiary
■Certified copy of marriage certificate with translation, if applicable
■Engagement pictures, wedding pictures, photos of couple with family/friends, family photos (please label as to date, location and names of individuals in the photographs)
■Bank accounts, property registered in both names
■Insurance policies (medical, life, auto, etc.) with both names
■Any documents with both your names on them, e.g. Letters, bills, statements, etc.
■Lease or mortgage showing joint signatures/tenants

Disclaimer
This article is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and the website publisher. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Feel free to check our website to read more about marriage petitions.

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Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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How is a typical interview at the Immigration Office is conducted?

This is a short guide about a USCIS regular interviews. It does not include any sort of “special” situations. Many of our clients are fearful on this day especially because it is at the discretion of one person. I have compiled few things that happens at this interview to help.
1. The interview process (using the sample of a marriage family petition)

In most marriage cases done under adjustment of status, the USCIS will conduct an interview of the couple at the local office. You will be notified of this interview with an I-797 notice. The interview notice will usually tell you about the documents you should bring at this interview. The interview is conducted in a regular office (not a court) with an immigration officer. If you are represented by an attorney (counsel), the attorney will be allowed inside the office by your side.
What will happen during the interview
I am using the example of CA (Bay Area) local offices. Each office might have a different procedures:

1. You will be sworn in;

2. Officer will go over the documents and see if there are any corrections. Usually corrections will be marked in red and you will have an opportunity to review the corrections or notes before you sign that you have reviewed. Note that your attorney if present will also be premitted to view the corrections.

3. Then often you will be asked question how you met your spouse and regular questions about your marriage.

4. The officer usually also asks for proofs of marital relationship e.g. bank accounts, lease agreements, insurance, utility bills, pictures, etc. 5. If the officer is satisfied, and all the checks are done, they might give you an approval at this point. However, in most cases, they will put under review by a supervisor and give you an answer within few days after the interview.
What happens if the officer is not satisfied?
If the officer is not satisfied, the officer might ask to separate both of you and start questioning you independently to know the validity of the marriage. This happens usually when they suspect marriage fraud. Note that you can ask to stop the interview at any time. The officer can also call your spouse and you for another interview. Since this legal was limited to a “typical” case, we will not cover marriage fraud interview in this legal guide.

Additional Resources
You can read more about marriage petitions on our websites http://peerallylaw.com

Disclaimer The information contained in this guide is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this article, clients or otherwise, should act or refrain from acting on the basis of any content included in the article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state

Information provided above is for educational purposes only.  One should not act or refrain to act solely based on the information provided.  You should consult an attorney to assess your case before proceeding.

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV.  Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee.  He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under  the Department of Homeland Security (DHS).  This department was formerly known as the Immigration and Nationality Services (INS).

For updates follow us on Radio, Facebook, Twitter ,LinkedIn and Youtube

Listen to the Shah Peerally Law Live Show  every Monday from 12pm to 1pm and Friday 12pm to 1am - KLOK 1170AM

We have serve the community with dedication and compassion

Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com

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