We were asked to provide a second opinion on a complicated case where the US consulate had denied a green card based upon a finding that the beneficiary/applicant had committed visa fraud where they had earlier misused a visa. The consulate directed the applicant to file for a waiver (which is quite difficult to obtain). Note that a finding of fraud is a permanent bar from entering the USA.
I am contemplating marriage to a GC holder and I have a question regarding I-130 and AOS. My prospective spouse got GC in Jan 2015. I currently hold a valid visitors visa to USA and I have visited USA many times on this visa.Is it possible to get married, enter USA on the existing visitors visa and then immediately apply for I-130 and Adjustment of Status. What are the risks/implications with this approach. What is the best procedure in these circumstances?
See clip from Attorney Rajiv S.
FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions;
Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.
I am a US permanent residence (Green card holder) working in the US. I have received my Re-entry permit which will expire in Feb 2019. I have plans to get married to a bride from India and I will be visiting India shortly. I know that to process Family based second category GC (F2A) for my wife in India can take a minimum of 2 years and I will be separated from my wife during this time. Here is my plan to live together (with my wife from Day 1 in the USA) after getting married in India. After my marriage, ask my wife to apply for a tourist visa and I will send the sponsorship letter required by US consulate. Do you see any challenges in my wife's tourist visa application getting approved if my wife states that she is visiting the USA to see her husband if the Visa officer asks any question?
Video Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I am a US GC holder and planning to get married to a bride in India. If I get married to a bride in India, can she get a tourist visa.? (Bride is a Software engineer working in India.)My idea is that after marriage, my wife enters the US under Tourist and stay for 6 months and then go to Canada and renter the US and stay in the US with me for next 6 months for a total of a 1 year.
Watch Video on this FAQ: The best methods for spouse of a green card holder to enter the USA
Video Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Hi: I would like to thank Mr. Rajiv Khanna for giving me and my employer some guidance on my case. The conference call with him was well worth the time and the money - his staff was very professional in setting it up and during the call he was very helpful and was not at all rushed. What I liked was even though we ran onto the next appointment's time he asked us to jump back in the call after sometime to make sure all our queries were answered. Thank You Again.
Got GC problems?? Talk to Rajiv Khanna. That's exactly what I can say to all of those who are facing trouble in thier GC filing In 2006 I got my labor approved. I filed for I-140 in Nov-2006. And then 485 in Aug 2007. On 2009 Jan 6th I had received an Email from USCIS that my I-140 had been denied. There was no MTR given in my case and USCIS made a point that my consulting company got my labor in fraudulent manner and my I-40 can't be approved. My consulting company lawyer said there is nothing anyone can do in my case. So I contacted Rajiv Khanna. He took my case as if he is fighting for own. And he assured me that USCIS is wrong is denying my case. He himself prepared all the paperwork and involved me in all conference calls. I could listen very carefully on how he dicatated the case to his team and his team polished the necessary items further before filing the case. Rajiv Khanna and his team takes every case personally. They are the best. On 2010 Jan 2nd I received another mail from USCIS. Said my I-140 case has been approved. I never would have thought that I can start New Year like that. My kudos to Rajiv Khanna and his team (Mathew, Sheena) who always responded to my email regarding all case related queries and provided help in best possible way. Please do not hesitate to send me an email if you like to any other questions. But I would suggest and say it again. Rajiv Khanna is the Man you want to talk to for all your GC issues. Thank you Rajeev. I truly appreciate the way you worked on my case.
I might be getting married to a green card holder who has it since 5 years and is eligible to apply for a citizenship next june. If I get married to him now when will I be eligible to get a visa to join him in America? What sort of visa will help me be with him and when?
Once he is a Citizen, he can apply for a K-3 and/or green card for you. Each one of them takes different times, usually less than a year.
I have engaged Rajiv's office for over 10 years now for many different reasons. I've also been recommending Rajiv's law offices to my aquaintences & friends for over 10 years now. I have very close examples of people who lost 3-5 years going to some other lawyer & later, at my advise, going through Rajiv's office, who somehow 'fixed everythin' ???? Rajiv once told me ... ' why do you want to engage my office? this is so simple, you can do it yourself and save some money..." if you expect more from a lawyer... you are crazy!!!!! For Rajiv, its not about the money... he REALLY wants to 'do the right thing'. Rajiv provided me guidance for a new case - at no cost just because I was a old client - & literally advised me I could save money by doing the work myself - it was very simple. I was infact, ready to pay him or some other lawyer 100s of $s because this was a inquiry near & dear to me. There is no better example of honesty & forthrighness ( i've dealt with many lawyers in my lifetime & if you have a better example, I'd certainly like to hear it) . I'd ( & have already ) recommend Rajiv for his unparalleled knowledge & honesty in a instant & have also, personally, gone back to him time and again - H1B , family visas, family GC, company visas etc etc etc - again & again......its a no-brainer for me... & yeah.. I'd put my money where my mouth is.... --DJ
Rajivji god bless you!! Many thanks for your guidance during our 485 crisis. Absolutely phenomenal service and prompt. Whole team is great and supportive, so nice and humble and make us very comfortable gave us courage not to worry things will be taken care off. He is the best lawyer and very prompt and with high tough definately. I strongly recommend take service from Rajiv khannas office. Surya
In response to my rather urgent queries submitted online, Mr. Khanna offered me a free phone consultation. He articulated his advice in a manner that provided a clear understanding of the general (ideal) approach to immigration through marriage and then shared his professional opinion on my case in particular. I appreciated his straightforward approach and willingness to share his opinion on cases that warrant the need for legal counsel. I would highly recommend Mr. Khanna to friends and colleagues in need of immigration-related counsel.
Mr. Rajiv Khanna is the best immigration lawyer that I have ever worked with. He has dealt with in a kind, compassionate, and professional way the numerous queries I asked him. His advise to me was invaluable and I strongly recommend him to any one who has an immigration issue. K.R.Shankaran Brandon
I was very pleased with answers I received from Mr. Rajiv S. Khanna to my questions on my immigration case. He pointed out one detail about my case that I forgot about, and that helped me to make a more educated decision as to how to proceed with my case. Thanks a lot, Rajiv!
What is Returning Resident Visas (SB-1)?
About Returning Resident Visas (SB-1)
Here is my journey thus far:
GC holder since March 21, 2008 (married to U.S. citizen since 1997)
6/11/12: N-400 sent via UPS to Lewisville, TX
6/12/12: N-400 delivered
6/13/12: NOA received (Priority Date: 06/12/12)
7/18/12: FP notice recd
8/09/12: FP scheduled - Done
9/04/12: In line for Interview scheduling
10/12/12: NOA received, Interview scheduled
14/01/13: Interview Done, N-14 "Request for evidence" given to me
We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions. The grounds of appeal in the cases involved:
Failure to prove qualifications of employee because the documentation of experience was insufficient;
Successorship-in-interest of companies, where one company was acquired by another;
I am a US Permanent Resident from Nepal. My girlfriend (soon to be wife) is a student doing her MBA and is in F-1 visa (student). She is graduating in May 2015 and will start her OPT soon after that.
We are planning to get court married real soon (within a month) and file for her green card soon after that. Once she gets her green card, we'll go home and get married with all the religious ceremonies. <p>
I had few questions about the green card process for my wife. I looked through various threads of various forums and I am more confused than before on how exactly this process works. I got conflicting answers for these questions. So, I am posting these questions so that I could get the correct answers from the expect himself.
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I understand that for my wife's GC, first I need to petition I-130 and she needs to wait until her priority date becomes current (which the people say can take several years to be current), then she needs to apply for Adjustment of Status. <p>
1. Could you go briefly on the whole process from start to finish? <br>
2. Some of the threads on the other forums said that the Congress changed the law so that there is no wait time for Spouse of Permanent Resident to apply for her green card. How much truth is in this statement? <br>
3. Some people who applied about a year or two ago said that they got their GC on hand within 6 months. How is that even possible when the wait time to just apply for GC under this category is several years? <br>
4. What happens if she applies before her priority date becomes current? Will her application be denied or will it just sit in a queue (first come first serve) until the priority date becomes current and then it will get processed? <br>
5. If she starts her OPT in May 2015 and the OPT lasts for 1 year (till May 2016), would that be enough time for her to apply for GC through my petition?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=QvnIAm0nQJ8#t=99
FAQ Transcript
The information Mr. Khanna provided was very helpful. I am really very very thankful for his help.
Statement from Secretary of Homeland Security Janet Napolitano:
UNCLASSIFIED
STATE
00112850
AUG 13
SUBJECT: NEXT STEPS ON DOMA
GUIDANCE FOR POSTS
I have been working with Mr. Khanna for the past few years or so and it is such a pleasure working with him and his team members. I have worked with quite a few attorneys in the area and can easily rate him as the best of the lot. Dealing with immigration issues can be nerve wracking and frustrating especially when you have a 2% chance for success. But his in-depth knowledge of the law, his professional and pragmatic approach is very reassuring. You never feel rushed when discussing things with him and he is happy to answer all questions with patience. Would definitely recommend him.