An Inside Look at the Marriage-Based Green Card Process

Earlier this year my boyfriend, Jose, and I decided to get married. Since Jose is Honduran and I am both a US citizen and an immigration attorney, naturally I brought Jose to work with me to discuss the next steps in securing our future together in the US: applying for his Green Card based on our impending marriage. We met with Protima and Liz, who have many years of experience in marriage-based Green Card cases.

Before beginning the Green Card process we needed to legally marry! Since Jose was already in the US on a student visa with Optional Practical Training (OPT), we were able to start planning our ceremony. (For those foreign nationals not in the US, the blog of the US Embassy in London addressed how best to apply for a Green Card). Ultimately we decided to go to the New York City Clerk’s Office for an intimate ceremony with our immediate families. It was a very special day.

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CBP: "Implied Departure"

As members of the American Immigration Lawyers Association (AILA), the attorneys of D&B receive updates on trends and problems that sometimes arise within the various government agencies handling immigration matters. The most recent involves the denial of some adjustment of status (AOS) and change-of-status applications by US Citizenship & Immigration Services (USCIS) when the applicant has purchased, but not used, an airline ticket to depart the US. The denial reason: the applicant's alleged intention to depart from the US and consequent abandonment of the application (applicants for AOS and COS applications must remain in the US until travel parole is granted or the application is approved, respectively, and so leaving the US before either of these is considered abandonment of the application).
 
How is this happening? US Customs and Border Protection reports that when a foreign national buys a ticket departing the US, this information is uploaded into their system and shared with USCIS. This "implied departure" is displayed on a preliminary screen, and unless officers clicks to a "deeper level" of the record, they will be unaware whether the foreign national departed the US or not. Denials for this reason, when the foreign national did not in fact depart the US, are due to officer error, and should be corrected with additional training.

USCIS: Ebola Outbreak-Related Immigration Relief Measures

As the worst Ebola crisis in history continues for West Africa--with over 3,000 suspected and confirmed cases--US Citizenship & Immigration Services (USCIS) has introduced relief measures for nationals of the affected countries who are currently in the US. USCIS--which has offered relief measures in response to such previous natural catastrophes and extreme situations as Typhoon Haiyan in the Philippines, Hurricane Sandy, and the Icelandic volcano eruption--says the following may be available (when specifically requested) to affected nationals of Guinea, Liberia, and Sierra Leone:

  • Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;
  • Extension of certain grants of parole made by USCIS;
  • Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
  • Expedited processing of immigrant petitions for immediate relatives (currently in the United States) of U.S. citizens;
  • Expedited adjudication of employment authorization applications, where appropriate; and
  • Consideration for waiver of fees associated with USCIS benefit applications.

USCIS has more information here about measures for these "special situations," and notes, for example, that applicants requesting an extension or change-of-status due to the crisis must "show how it is directly connected to the disaster." Meanwhile, DJs in Africa are releasing rap and dance tracks ("Ebola Is Real") to educate about Ebola and prevent the spread of the disease.

#1 of 11 million

"Like pilgrims who arrived centuries before, some of us came here by choice, others by necessity, be it social, economic, or personal. Out of desperation and borne out of sacrifice, many of us were sent here by our families. Then and now, we came across oceans, valleys, deserts, and rivers. Then and now, those of us who did not die on that journey want a better life."

- Official cover letter to Jeh Johnson, Secretary of the Department of   Homeland Security, for the #1of11million applicants for Deferred Action

My Best Summer Family Vacation

August is traditionally the time for summer vacations (I’m personally of the opinion that all American businesses should take a cue from Europe and shut down for the month—that’s cool with you, Protima, right?). And who doesn’t love a good family summer vacation--full of bonding, fun, love, and siblings fighting each other in the backseat during those excruciatingly long car rides. We therefore asked D&B staff to share their best summer family vacation stories. – Joseph McKeown

Matt Bray, Attorney    
I went with the extended family on my mom’s side to Cape May, NJ--I was probably about ten or eleven. We all--five full families--stayed together in a big house (which itself was a step up from previous years’ vacations spent at campgrounds on the Jersey Shore). All the kids--the cousins--performed for the adults. We wrote original plays and lip-synced and did routines to some family favorites (including The Beatles’ “Yellow Submarine”). I also remember the dunes and grass and walking to the beach in beautiful weather. And getting a hermit crab (which I later killed by leaving in the house during an extermination).

Elizabeth Brettschneider, Attorney
My best family vacations growing up were when my parents, my brother, and I went to Maine. I remember lots of messy lobster eating with the plastic bib around my neck and my fingers covered in butter. On one particular summer trip to Maine when I was about eleven years old, the family drove up Cadillac Mountain in Acadia National Park and then went for a walk around the paths on top. There are many scenic overlooks and we posed for photos. My dad was getting nervous that my brother and I were too close to the edge so of course I took advantage and started posing on what looked like a dangerous precipice (but really wasn’t) while balancing on one leg. A photo of this shenanigan was snapped and now this practice has become a family tradition. Even into adulthood I continue to send my father photos of myself balancing on the edge of what looks like a cliff.  

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You Probably Shouldn't Say That....

When I hear some of the things foreign nationals say to immigration officers at the border when trying to gain admission to the US, I break out in a cold sweat. If the officer becomes overly “concerned,” or doesn't believe what he/she is hearing, a foreign national may be refused entry. I thought I would share a few examples and explain what might cause concern to an immigration officer.

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BuzzFeed: "An American Guy Tries British 'Crisps' For First Time"

In an experiment that's sure to promote cross-cultural understanding and good relations, BuzzFeed Contributing Member Jay Maloney tried for the first time and reviewed a Walkers variety pack of British "crisps." He liked the Distinctively Salt & Vinegar ("THIS is what Salt and Vinegar should be. It puts domestic Lays Brand to shame quite honestly, with their use of what I assume to be white vinegar.") as well as Unmistakeably Cheese and Onion ("Holy moly guys") but not Famously Worcester Sauce ("an oddly chemical amalgamation of synthetic spice").

Others have reviewed crisps before (not a fan here and a big fan here though he stopped posting in 2013--hope he's okay). The Guardian took a trip to the biggest crisp factory in the world (belonging to Walkers) which "processes 800 tonnes of potatoes a day" and "has six, 200m-long production lines, each of which turns out three tonnes of crisps an hour." The quantity is necessary because, well, the British do eat a ton of crisps. For good reason, the Savoury Snacks Information Bureau says, as crisps are "'indisputably an integral part of the British culture.'" What about American chips? This might satisfy your curiosity.