Posts Tagged ‘Legal Guides’

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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Tips for an immigration interviews

The immigration interview process can be a rather daunting experience for many clients. Therefore it’s very understandable if you’re anxious about your interview because the decision made by a sole officer can potentially have a huge impact on your future.

That said, we’ve compiled a few tips and pieces of advice to get you through the interview process. Remember, it’s the job of the officer in charge of the interview to detect fraud; thus even a small lie can potentially have an extremely negative impact on your case. Take a deep breath, relax, and prepare yourself by reading our step-by-step guide on what to expect at a meeting with the immigration officer.

Here are some of the most commonly useful tips for interviews. Note that interviews do not generally follow a pre-set pattern. They are done on a case-by-case basis so it’s difficult to predict an exact scenario. Based on my personal experience in the practice of immigration and nationality laws, I will cover many issues in this article.

Preparation, Preparation and Preparation

Despite the fact that you are not going to war and the immigration officer is not your enemy, the interview process can be seen as a highly stressful “battle.” The best thing you can do to ensure a successful interview is to adequately prepare yourself for the interview. In order for you to be prepared, you will need to know what the immigration officer is looking for in your file. Thus the first rule is to know your file and your facts.

Here are a few things to remember:

  • Although you may have hired an attorney to prepare your case, the attorney is just presenting what you have provided to him/her as information. It is important you review every single page of all of your applications including supporting documents such as affidavits, declarations, photos, etc.
  • Have your documents ready to be submitted at any interview. We recommend that you have a folder with your original documents and a copy of those originals. You do not want to be confused at the interview. Note that even if you have submitted some documents, you still want to have a copy in case any documents were lost. Remember, making it easier on the officer, will in turn make it easier on you.
  • Read a little about the law that governs your case. For example in an asylum case, the officer may be looking for “fear of persecution.” By reading about the law, you will be able to have a better understanding of where the interviewer’s questions are heading.
  • If you do not speak English very well, you may want to have a certified translator present during your interview. Note that a translator has to be neutral. The translator cannot interpret what you are saying. He/she can only translate.
  • Be on time for your interview. It is recommended that you arrive at your interview at least 30 minutes before the scheduled time. Most locations are heavily secured and may require you to go through a security check which can potentially delay your prompt arrival.
  • Do not bring any weapons, sharp objects, or any harmful objects with you.
  • Bring every document which the interview letter requests of you (if the letter specifies such docs). If you are missing some of the document(s), it is highly recommended that you let your attorney know in advance.
  • Bring the original interview letter, your IDs, passport(s), and all other relevant documents.
  • If you feel you have issues or feel apprehensive, have an attorney handle your case. A good attorney will be present at the interview and can intervene in your favor. In addition, the attorney can prevent possible abuses or be a witness to any potential abuses.

 

Be Honest and Tell the Truth!

While being in an apprehensive situation or under stress, some people will lie hoping that it will make them win the case. The truth is that lies often get you in more trouble that you might think.

It is important that you are candid both with your attorney and your immigration officer. Note lying to the immigration services is a crime and it often backfires on the clients. If you do not remember something do not make up an answer. You are allowed to say that you do not remember.

Answer the question asked

Remember, anything you say can be used against you! Unfortunately in many situations, people tend to speak too much or fail to answer the question. For example if you were asked “What time did you wake up?” Someone might say: “Well, I had breakfast at 9, showered at 8, therefore I woke up at 7 am.” This is a simple example in which the client has volunteered unsolicited information. The simple answer should have been “I woke up at 7 am.” Note that the officers are trained to “feed on your answers” and detect fraud. Too much information can easily distract the officer from their main goal of evaluating whether or not you deserve to obtain immigration benefits.

Dress Code

Each culture has different rules and customs in regards to proper dress attire. As per my own personal experience, conservative clothing is always welcome. However, always make sure that you are wearing a comfortable outfit. Some interviews can last for hours and you do not want to be uncomfortable.

Never Disrespect the Immigration Officer

Immigration officers are usually respectful and sensitive to people’s cultures and way of thinking. However, in rare cases you may be faced with a very “strict” immigration officer. Under such circumstances the only advice I have for you is to be patient and to not under any circumstances lose your temper. If you have an attorney present, any abuse can be documented and reported. Therefore, do not disrespect the immigration officer, no matter what!

Do not be scared

While the interview process can result in an arrest or in a denial, you are not going to be “tortured” or subjected to unnecessary harm. Keep your composure and do not let your fear take over the interview. Remember you can stop the interview at any time. If you have any type of criminal issues, you will want an immigration lawyer to review the case before you undertake an interview. I highly recommend having a good and reliable immigration lawyer by your side.

Have an attorney to help!

An attorney is not a magician. Therefore, do not ask your attorney what they can do for you, instead ask what you can do for your attorney so that the attorney can better help you. Remember an attorney is not only your counsel but also an officer of the court. He needs to be candid and truthful and in return you must be truthful to him or her. It is imperative that you tell your attorney the truth and not omit any information that can potentially have an impact on your case. The attorney is not allowed to disclose any privileged information, however, an attorney cannot continue representation if at any point, the client is trying to mislead or lie to the authorities. Attorneys can help with the following issues:

  • Prepare your documents with due diligence
  • Making sure that any anticipated issues are handled appropriately
  • Prepare you for your interview
  • Be by your side at the interview to avoid and/or document abuses
  • Be a witness in case of abuses
  • Prevent potential mishaps at an interview.

It is important to remember that each immigration interview is different. Being adequately prepared and having a good attorney on your side can make a huge difference. Note that this is not a complete comprehensive guide to the interview process. It is highly recommended that you have a thorough meeting with your attorney before attending any interview with an immigration officer.

The interview process is part and parcel of obtaining your non immigrant visa, your permanent residence, or your citizenship. It would be foolhardy to assume that there may not be an interview in one’s case. Therefore preparing oneself for the interview process can go a long way towards determining a person’s success. Remember, the interview is one of the few instances in the immigration process in which you will have a chance to show the immigration authorities who you are as a person rather than as a collection of documents, forms, and other paper work. So, prepare yourself well, don’t lie to the officer, stay calm, answer the questions exactly as they are asked, keep your files organized, and seek the counsel of an experienced attorney. Follow these simple steps and you’ll do well.

The information contained in this article 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 site 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. Shah Peerally is the managing attorney for Shah Peerally Peerally Law Group located in Newark CA.

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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General Tips on Assembling Applications for Mailing

Mark both the envelope and the cover letter as to the nature of the submission. Example: ORIGINAL SUBMISSION – BRIEF FOR AN APPEAL – RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION – etc.
Use the appropriate mailing address and mark both the envelope and the cover letter as to the form type. Example: I-129; I-130; I-690; I-698, etc.
Provide both the receipt notice number and the A-Number as an identifier, if they are available.
If the packet is being resubmitted in response to a REQUEST FOR ADDITIONAL EVIDENCE (RFE), please place the notice requesting the additional evidence/information on the top of the packet. Also, please use the special mailing envelope provided.
If evidence is being submitted in support of a previously filed appeal or motion, a cover letter stating “BRIEF FOR APPEAL”, etc., should be placed on top of the packet.
In preparing your packet, please take note of the following:
Do not use binders or folders that cannot be easily disassembled.
Use ACCO fasteners to hold together thick or bulky applications or petitions. Two-hole punching the top of the material for easy placement in the file is appreciated.
The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing.
Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips.
Avoid submitting originals unless specifically required. Avoid submitting oversized documentation when possible.
If you are sending more than one case in an envelope, clearly separate the cases by rubber band or clip fasteners.
A form G-28 is not acceptable unless signed by the authorized representative and the petitioner (re: petitions) or the applicant (re: applications). Facsimile signature stamps are acceptable for the signature of the representatives. However, applicants/petitioners must live sign the initial Form G-28 submitted with the application/petition. Any subsequent Form G-28 relating to the same case may be a photocopy of the original, which should be already attached to the relating case.
Send copies of any prior approval notices with any new requests for extensions of stay, change of status or amended petitions.
Keep copies of all submissions. Don’t assume the officer will have access to a prior file or record. Submit as complete a packet as possible so the case can be adjudicated from what you submit. Submit a complete packet of information for each petition or application. If officers have to review prior files or records, the adjudication of the case can be delayed substantially.
Be sure to complete all pertinent items on the petition or application. Ensure all entries on the forms are legible. Note the appropriate consulate, embassy, or a request to adjust status on the petition. Do note enter “N/A” when “None” is appropriate.
If you believe your situation to be unique, explain it fully in an attachment to the packet, not as a cover letter.
Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier’s name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________
Date Typed Name
Address
USCIS no longer routinely requires submission of original documents or “certified copies.” Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.

At the discretion of the officer, original documents may still be required in individual cases. Please be advised that USCIS no longer returns original documents submitted with the exception of Certificates of Naturalization, Forms I-551, Permanent Resident Card, Forms I-94, Arrival/Departure Document, valid passports, or those specifically requested by the officer. Such documents will be returned when they are no longer needed.
Reminder: The best way to locate records is through the receipt number and/or the A-Number. Always provide this information whenever possible. If you don’t know the A-Number, provide a COMPLETE name and date of birth. ALSO: Provide ANY AND ALL names used by the individual, including aliases, maiden names, names used when originally admitted to the United States, etc. Providing this information is extremely helpful and speeds up processing time.
DUPLICATE FILINGS (without fee): Cases will be accepted as a duplicate filing only when USCIS has specifically requested that a duplicate be filed. In such a case be sure to submit the receipt number of original filing or any copies of notices received from USCIS on the first filing when submitting a duplicate petition or application.
The address block on the forms is the data field captured for all of our mailings. Consistent with the limitations on the number of characters per line (a maximum of 32) and the total numbers of lines (4) in that field, whatever is in the block will become the mailing address used by the system. The data in these fields is entered exactly as indicated on the forms. Please include internal routing symbols in the address block, especially for large organizations. It is better to abbreviate the name of the organization and have space for the routing codes than to fully spell out the name and have notices sit in the organization’s mailroom.
Recognized authorities: Many I-129 petitions filed with evidence of the beneficiary’s education or accomplishments include documentation submitted by various authorities. For example, petitions for artists and entertainers may incude evidence the beneficiary has received an award or other recognition of achievement. Petitions for individuals employed in a specialty occupation may include evidence the beneficiary belongs to a professional organization. When an individual’s awards or membership is used to support a petition, evidence establishing the reputation of that organization must also be submitted. Examples of the type of evidence needed includes the following: the size and standing of the organization or the organization’s requirements for membership and any other documentation which would establish the reputation of that organization.

When an opinion from a recognized authority is submitted, the opinion should state: the writer’s qualifications as an expert; the writer’s experience giving such opinions, citing specific instances where past opinions have been accepted as authoritiative and by whom; how the conclusions were reached; and the basis for the conclusions, including copies or citations of any research material used.
Any application or petition for an individual currently in F-1 status needs to include evidence the student has been maintaining status and has been authorized employment if applicable. Such evidence usually can be satisfied by submitting the latest Form I-20AB/I-20ID and a copy of the employment authorization card.

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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Issues with Citizenship and Naturalization!

Becoming a United States citizen is the dream of most immigrants. It is the culmination of sometimes a long road through the immigration process. However, for some it is still a mystery. We have tried to compile some of the basic of citizenship in this legal guide.

What is a Naturalization and Who Qualifies?

Naturalization is the process of going from immigrant status to US Citizen status. You must i) continuously hold a green card for 57 months (33 months if the green card was obtained through marriage to a US Citizen, and 45 months if the green card was obtained through Asylum), ii) have knowledge of the English language, iii) have familiarity of US Civics and History, and iv) be of good moral character. You may apply for a reentry permit if you wish to spend 1-2 years outside the US, but spending 1 year outside the US will break continuity of residence. Trips of 6 months to 364 days may also break continuity, but you may have an opportunity to prove that continuity was not broken.

Re-Entry Pemit and Breaking the Continuity

There are exemptions from the English language test. If you are 50, and have been a green card holder for 20 years, you may be exempt. If you are 55, and have been a green card holder for 15 years, you may also be exempt. There are also disability exemptions. For those who are at least 65, and have been a green card holder for 20 years, a simplified civics and history test may be administered. There are also disability exemptions to the civics and history test. Good moral character is somewhat subjective, and the reviewing officer will take into consideration things such as declarations others, community service, arrests, convictions, habitual drunkenness, etc. The standard for good moral character is that of the average citizen in the community where you live.

When can I Obtain Citizenship Through Naturalization?

You may apply for naturalization after 4 years and 9 months (57 months) from the date you received your green card, or 2 years and 9 months (33 months) if you received your green card through marriage to a US Citizen, or 3 years and 9 months (45 months) if you received your green card through Asylum. You must have been physically present in the US for 30 months or 18 months if you received your green card through marriage, just as long as you did not break continuity of your residence in the US.

What are the Benefits and Limitations of Applying for Naturalization?

Naturalization is ideally the goal of nearly all immigrants in the US. You may apply to obtain a US passport as soon as you become a US Citizen through naturalization. As a US Citizen, you can not be deported or lose citizenship, even if you commit a crime or choose to live anywhere else in the world, for any amount of time. US Citizens can also have more options to petition for green cards for close relatives. You also become eligible to vote in elections and apply for government jobs restricted only to US Citizens. Naturalization is not irreversible, however. If it is discovered that you were not eligible for naturalization, or that you were not eligible for a green card at the time you acquired it (for example, marriage fraud or asylum fraud), then your citizenship may be revoked and you may be subject to removal. Also, if your home country does not recognize dual citizenship, you could lose citizenship in your home country. Loss of citizenship in your home country may have an

What is the Attorney’s Role in a Naturalization Case?

In a straightforward naturalization case where there are no complications, often people find that they may apply for naturalization without the help of an attorney. Some people still feel somewhat uncomfortable facing a USCIS officer alone, and would like someone to attend the interview with them. A naturalization applicant may only bring in an interpreter if necessary and an attorney. For some people, applying for naturalization might actually create problems, so in cases where there are complications (arrests/convictions, breaks in continuity), it is highly recommended that the case is at least reviewed by an immigration lawyer.

Disclaimer

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.

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

Share

Basic Checklist for Marriage Petitions

Marriage is a very important concept and establishment in the United States and as such Congress has determined that a foreign national who marries a United States Citizen spouse has the immediate ability to file for a permanent residence under a first category preference.

Make sure you have the proper documents to assit you in the process

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. Each case is particular, and it will be advisable to act or refrain to act basely solely on this list.

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

The List above is for informational use only.

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.

It is recommended to file such petitions with the assistance of a lawyer. Call our law firm today on 510 742 5887.

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).

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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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