55 Marriage Interview Questions to Prepare for Your Green Card Interview

If you’re applying for a marriage green card, you should know that you may be required to attend a marriage interview. The purpose of this interview is so that the immigration official can better determine whether your marriage is legitimate or not. The marriage interview is a highly-important step to getting your green card.

To help you prepare for the marriage interview, I’ve put together a list of 55 sample marriage interview questions. This list is based on questions asked in previous marriage interviews. Remember, this is not a complete list. You may be asked questions that are not on this list. Additionally, the questions on this list may or may not come up in your interview.

To best prepare yourself for the marriage interview, you should use these questions as a general guide. Once you have an understanding of the types of questions that may be asked, you can better prepare for a successful interview.

Now let’s get started.

The questions that an immigration official will ask you during the marriage interview fall into 4 main categories:

i. Spouse’s Background and Basic Information About Spouse

ii. Information Regarding Your Relationship with Your Spouse

iii. Information Regarding Your Marital Household

iv. Spouse’s Personal Information

i. Spouse’s Background and Basic Information About Spouse

What is your spouse’s full name?
Where was your spouse born?
How did your spouse come to the United States?
Where did your spouse enter the US?
Does your spouse have children from before your marriage?
Has your spouse ever been married before?
How many siblings does your spouse have? What are their names?
What are your mother-in-law and father-in-law’s names?
When is the last time you saw your spouse’s parents?

ii. Information Regarding Your Relationship with Your Spouse

When did you and your spouse get married?
Where did you and your spouse get married?
Are you and your spouse planning on having children?
How many people were at your wedding?
How did you get to the wedding?
How did you and your spouse meet?
Where did you and your spouse meet?
When did you and your spouse meet?
Did you and your spouse live together before you got married?
Do you are your spouse currently live together?
What is the address that you and your spouse live at? How long have you lived at this address?
Did you have a honeymoon? Where was it?
Where did your spouse propose to you?
How did your spouse propose to you?
Which one of you pays for the bills?
Do you and your spouse have a shared bank account?
Do you and your spouse attend religious services? How often? Where?
Do either you or your spouse cook? How often?
How did you and your spouse celebrate your last birthday?
What did you get your spouse for his/her last birthday?
What television shows do you and your spouse watch?
Did you and your spouse have dinner together last night? What did you have?

iii. Information Regarding Your Marital Household

Do you live in a house or an apartment?
What is the color of your apartment building/house?
Does your apartment building have an elevator?
How much is your rent/mortgage payment every month?
What type of flooring is in your bedroom? (carpet, wood, etc.)
What is the color of your refrigerator? (Tip: You should know the colors of the appliances and the furniture in your home)
How many bathrooms are in your apartment/house? How many showers?
How many televisions are in your home?
What are the colors of the walls in your home?
Do you have a television in your bedroom?

iv. Spouse’s Personal Information

Does your spouse have any tattoos?
Does your spouse have any scars?
Does your spouse smoke?
What color are your spouse’s eyes?
What is your spouse’s cell-phone number?
Where does your spouse work?
What time does your spouse usually come home from work?
What time did your spouse come home last night?
What time does your spouse usually wake up in the morning? Who wakes up first?
What does your spouse usually eat for breakfast?
Does your spouse drink coffee in the morning?
Do you have any nicknames for your spouse? What are they?
What cologne or perfume does your spouse wear?
How much does your spouse earn each year?

Conclusion

The marriage interview is one of the most important steps in the marriage green card process. To give yourself the best chances of approval, you should be prepared for the marriage interview. Preparation will lead to confidence and certainty in the marriage interview, which can highly improve your chances of approval.

At this point, you’ve seen 55 sample marriage interview questions. You are now in a much better position to understand the types of questions that have been asked in the past and what may be asked during your interview. Remember, this is not a complete list. You may be asked questions that are not on this list. Additionally, you may not be asked some of the questions on this list.

If you have any questions about this guide, or if you would like to hire me as your immigration lawyer, feel free to email me at Michael@AshooriLaw.com I’m very responsive via email and I would be happy to help yo@ashoorilaw2

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E2 Visa Renewal: How to Renew or Extend Your E2 Visa

One of the benefits of an E2 visa is that it can be renewed or extended. As long as the E2 company and the E2 investor continue to satisfy the E2 visa requirements, there is no limit to the number of times that an E2 visa can be renewed or extended.

Overview

General Explanation of E2 Visa and Status

Requirements to Renew or Extend E2

How to Apply for an E2 Visa Renewal

How to Apply for an E2 Extension of Status

Conclusion

1. General Explanation of E2 Visa and Status

An E2 visa is a non-immigrant visa that allows you to invest in a US business and work for that business. To apply for an E2 visa, you must be from a country that has an E2 treaty with the United States. There are almost 80 countries that have E2 treaties with the United States.

Difference Between Visa and Status

One of the most common questions asked about E2 visas is “how long is my E2 visa valid for?”

As an immigration lawyer, when I get this question, the first thing I do is explain the difference between a visa and status.

Visa: A visa is an entry document that allows you to seek entry to the United States. A visa is a physical document that is affixed to your passport.

Status: Your status determines how long you are allowed to stay in the United States and what activities you are permitted to do while you are in the United States.

Explanation of How This Works Using an Example

Many countries issue multiple entry E2 visas that is valid for 5 years.

This means that for a 5-year period, the E2 visa holder can enter the United States using their E2 visa.

Multiple entry means that the E2 visa holder can enter the United States multiple times using their E2 visa.

If the visa were “single entry” this means that the E2 visa holder can only enter the US 1 time using their E2 visa.

Even with a 5-year E2 visa, this does not mean that the E2 visa holder can stay in the United States for 5 years straight.

When someone enters the US with an E2 visa, they are given 2 years of E2 status.

This means that they are allowed to stay in the US for up to 2 years.

Before the 2-year period comes to an end, the E2 visa holder can either: 1) leave the US and then re-enter with a valid visa; or 2) they can request an “extension of status.”

This is a complex area of immigration law. If you have any questions about this, send me an email at Michael@AshooriLaw.com.

How Long is an E2 Visa Valid For?

The length of time that your E2 visa is valid for depends on your country of citizenship.

Each country has its own visa terms

Example

Jordan: The E2 visa for the country Jordan is a single-entry visa with a 3-month validity period. This means that someone with an E2 visa from Jordan can only enter the United States 1 time using their E2 visa and they must enter within 3 months of getting the E2 visa (within the validity period). Once they enter the US using their E2 visa, they are typically given 2 years of E2 status.

Italy: On the other hand, the E2 visa from Italy is a multiple-entry visa with a 60-month validity period. This means that someone with an E2 visa from Italy can enter the United States multiple times using their E2 visa. They can also continue to use their E2 visa for up to 5-years. Every time they enter the US using their E2 visa, they are typically given up to 2 years of E2 status.

What are the E2 Visa Terms for My Country?

You can check the E2 visa terms for your country by going to the U.S. Department of State website and checking the U.S. Visa Reciprocity link.

Here is a link to check the terms of each country’s E2 visa

2. Requirements to Renew or Extend E2

Generally speaking, to renew your E2 visa, you must demonstrate that you continue to satisfy all of the E2 visa requirements.

Here is a list of the requirements to initially qualify for an E2 visa:

Must be from a country that has an E2 treaty with the United States.

You must make a substantial investment in a US company (we typically recommend at least $100,000).

Your business must be an active for-profit business.

You must intend to depart the US once your E2 status ends.

Your investment funds must be at-risk.

Your E2 business cannot be a marginal enterprise.

You must direct and develop the E2 business.

Your investment funds must have been lawfully obtained.

Special Considerations for E2 Visa Renewal

To initially obtain an E2 visa, one of the main focuses is the investment. The immigration official that is reviewing your case wants to see that you have made a “substantial investment” in the E2 business, that your investment is “at risk,” and that your investment funds were lawfully obtained.

At the time you file for your E2 visa renewal, the focus shifts away from the investment and shifts toward the performance of the business. To qualify for an E2 visa renewal, you are not required to reinvest additional capital into the E2 business. However you are required to demonstrate that your E2 business continues to satisfy the E2 requirements. I’ll discuss how this comes in to play below.

Marginality Requirement

When you first apply for an E2 visa, you are required to show that the E2 company will not be a marginal enterprise.

A marginal enterprise is basically a business that only generates enough income to provide a minimal living for the E2 investor and their family.

When you first apply for an E2 visa, you are required to show that the business will not be a marginal enterprise.

If the business is a start-up company, you generally show that the business will not be a marginal enterprise by providing a business plan with pro-forma future projections for how the business will perform.

When applying for an E2 visa renewal, you generally can no longer rely on future projections. At the point of E2 visa renewal, the business has likely been operational for multiple years. Therefore, at this stage, the actual performance of the business is the primary indication of whether or not the business is a marginal enterprise or now.

The immigration official reviewing your case will review the past performance of the business to determine whether the business is not a marginal enterprise. To satisfy this requirement, you should provide the business’s past financial statements. The financial statements should indicate that the business is generating more than enough revenue to support the E2 investor and their family. Alternatively, you should provide evidence that the E2 business employs workers as this can also be helpful to show that the business is not marginal. A combination of evidence showing revenue and job creation can also work to show that the business is not marginal.

If the E2 company’s revenues are minimal and/or the E2 company does not have employees, this poses a challenge when applying for E2 visa renewal. This is because the business is at risk of being considered a marginal enterprise. To overcome this hurdle, the applicant for an E2 visa renewal should provide credible evidence demonstrating how the business will improve to a point where it will no longer be marginal.

One way to show that the business will improve is to provide evidence that you have committed additional capital to the business with a plan in place for deploying that capital productively. An updated business plan should also be included to demonstrate how the capital will be used to improve the performance of the business.

3. How to Apply for an E2 Visa Renewal

To apply for an E2 visa renewal, you are required to electronically submit a Form DS-160 with the Department of State.

Here is a link to additional information on the DS-160

For E2 visa renewals, the filing fee for the DS-160 is currently $205 per applicant.

You will be required to submit a number of documents along with your request for the E2 visa renewal. The type of documents required and the order in which these documents are to be presented will depend on the consular office you

You are also required to attend an E2 visa interview at the US consular office abroad.

4. How to Apply for an E2 Extension of Status

To apply for an extension of E2 status, you are required to file a Form I-129 with USCIS.

Here is a link to additional information on the I-129

The filing fee for the I-129 is currently $460.

Along with the Form I-129, you must submit a number of documents demonstrating that you meet the requirement for an E2 extension of status. These documents should show: 1) you satisfy the E2 requirements; 2) you have maintained your E2 non-immigrant status; and 3) you are physically present in the US at the time of filing the E2 extension of status request.

To file an extension for your E2 dependents, you must file a Form I-539.

Here is a link to additional information on the I-539

The filing fee for the I-539 is currently $370.

Click here to learn more about “How to Renew or Extend Your Visa”

Naturalization Requirements: The 9 Requirements to Become a U.S. Citizen

The process of naturalization allows permanent residents (green card holders) to receive U.S. citizenship.

In this guide, I will discuss the 9 main naturalization requirements.

Overview:

1. Introduction to the Naturalization Process

2. Breakdown of the 9 Naturalization Requirements

Be at least 18 years old

Be a permanent resident for at least 5 (or 3 years in some cases)

Have resided for 3 months in current resident state or USCIS district

Have residence for five continuous years in the United States

Have been physically present in the US for 30 months of the previous 5 years

Be able to read, write, and speak basic English

Have a basic understanding of US government and history

Have good moral character

Demonstrate respect for the principles and ideals of the US Constitution

3. Conclusion

1. Introduction to the Naturalization Process

The process of naturalization allows foreign nationals to receive US citizenship. If you have met all requirements discussed in this guide, you can submit Form N-400, Application for Naturalization. Upon submitting, you must attend a biometrics appointment where your fingerprint and photo will be taken.

You will also have an interview with USCIS. Here, USCIS will determine if you have met all the requirements to become a US citizen. Finally, if you are approved, you will take an Oath of Allegiance at a naturalization ceremony where you will officially become a US citizen. US citizens have many rights and responsibilities, which means there are several requirements to be approved for naturalization. These requirements will be discussed in further detail below.

2. Breakdown of the 9 Main Naturalization Requirements

In order to be naturalized as a US citizen, there are nine main requirements:

You must be at least 18 years of age when you submit your Form N-400

You must have been a permanent resident for at least 5 years (or 3 years in some cases)

You must have resided for at least 3 months in the applicable state or USCIS district

You must have had resided for at least 5 continuous years in the United States

You must have been physically present in the US for at least 30 months in the previous five years

You must be able to read, write, and speak basic English

You must have a basic understanding of US government and history

You must have good moral character

You must demonstrate respect for the principles and ideals of the US Constitution

These requirements were established by Congress in the Immigration and Nationality Act. Each will be discussed in more detail below.

Requirement 1. Be at least 18 years old

This first requirement to qualify for naturalization is that you must be at least 18 years old when you file your N-400. However, permanent resident minor children will automatically receive US citizenship when his/her parent completes the naturalization process.

Requirement 2. Be a permanent resident for at least 5 years

The second requirement to qualify for naturalization is that you must have been a permanent resident (green card holder) for at least 5 years. You may submit your Form N-400 to USCIS 90 days before your 5-year green card anniversary.

There are some exceptions to this rule:

First, if you began your time in the US as a conditional resident, the two years spent in this status will count toward this 5-year requirement as long as you successfully became a permanent resident following your conditional resident period. Therefore, in this situation, spending two years as a conditional resident and 3 years as a permanent would be sufficient to satisfy this requirement.

Second, if you obtained your residency through marriage to a US Citizen or VAWA, you will only need to wait 3 years to apply for naturalization. You will need to remain married to your US citizen spouse until you are formally sworn in as a US citizen.

Additionally, if you received your green card through marriage and were in an abusive relationship, you can apply to receive US citizenship after 3 years. This law was made to ensure that people do not remain in abusive marriages in order to qualify for faster naturalization.

Requirement 3. Have resided for 3 months in the applicable state or USCIS district

The third requirement for naturalization is that you must have residence in the state (jurisdiction of the USCIS Center) to which you are applying for at least 3 months prior to filing. Please be aware that some USCIS centers have jurisdiction over multiple states and some states have multiple USCIS centers. If you spent at least 3 months in one location and then left the United States for a period of no longer than 1 year before returning to that same residence, you will be considered to have satisfied this requirement. However, if you move to a new residence following this time abroad, you will be required to spend at least 3 months in this new residence to meet this requirement.

There are some situations that should be noted as exceptions:

First, if you are a US soldier who served for more than one year, you can file at the location where you spent the previous 3 months prior to filing, in the location where your spouse and/or minor children live, or at the location noted in your military personnel file.

Second, students attending an institution in a different jurisdiction than their home residence may apply for naturalization at the USCIS center with jurisdiction over the institution or, provided their parents continue to provide financial support to them, at their home residence.

If you have residence in more than one state, the residence where you pay taxes will be considered your residence for your naturalization application.

Requirement 4. Have residence for five continuous years in the United States

The fourth requirement for naturalization is that you must have resided for five continuous years in the United States. This means that you must have maintained a residence, or a “permanent dwelling place” in the United States for the last five years. If you have not maintained a residence for a period of time longer than six months in the United States, during the previous 5 years, you will be considered to not have met this requirement.

Thus, you should not have any break in your residence longer than six months in the previous 5 years if you wish to apply for naturalization. Note that having a permanent resident card is not sufficient to meet this requirement. You must be able to prove that you actually took up permanent residence in the United States and did not only commute from a foreign country.

Some exceptions to this rule may apply. If you are able to show that during the break in maintaining a US residence, your immediate family continued to live in the United States, you continued to work in the United States and did not accept foreign employment and/or you continued to be able to access the residence despite not personally maintaining it, you may still be able to apply for naturalization.

Additionally, in some cases where you (or your spouse/parent) worked abroad employed by the US government, a US academic institution, a US company working to promote US foreign trade, or an international organization to which the US belongs, you may also be able to apply for naturalization, even if you did not maintain your US residence continuously.

Requirement 5. Have been physically present in the US for 30 months of the previous 5 years

The fifth requirement for naturalization is that you must have been physically present in the United States for half of the time continuous residence is required. Thus, for naturalization, you must have spent 30 months (913 days) in the United States. Both the day you exit the United States and the day you arrive back in the United States, if you leave the country, will be counted toward this 913 day requirement. Again, please note that simply having a permanent resident card is not enough evidence to satisfy this requirement. You must be able to prove physical presence in the US through documentation.

Requirement 6. Be able to read, write, and speak basic English

The sixth requirement for naturalization is that you must read, write, and speak basic English. This will be tested by an examination conducted by USCIS. You will be given two attempts to pass the test.

Some applicants of a certain age who have spent considerable time in the United States as a permanent resident will be exempt from this. If you are: (1) 50 or older and have spent at least 20 years as a permanent resident or (b) 55 years older, and have spent 15 years as a permanent resident, you will be exempt from the language test.

Additionally, if you qualify for a medical exemption (cognitive disability), you may be exempt from this language test.

Requirement 7. Have a basic understanding of US government and history

The seventh requirement for naturalization is that you must have a basic understanding of US government and history. This will be determined through a civics test. You will be given two tries to pass this test.

People who qualified for the exemption from the English test, as discussed in the previous section, will still be required to take the civics test. Yet, these individuals will be able to take it through an interpreter in their native language. Those over 65 who have had permanent residence in the United States for at least 20 years will take a modified civics test. Additionally, those with a medical (cognitive) disability may not be required to take the civics test.

Requirement 8. Have good moral character

The eighth requirement for naturalization is that you must have good moral character. This will be done by examining your record, your naturalization application, and your interview. Some factors that could cause your application to be rejected, due to a lack of good moral character, include an admission or finding of guilt in or out of formal trial proceeding of an inadmissible crime. Crimes committed in abroad are considered in determining good moral character.

Cases in which one attended a training or rehabilitation program instead of facing criminal trial, where one was tried as a minor, where no punishment was imposed, where some defect was found in the decision, and where the applicant was found guilty for political reasons will not count towards the good moral character consideration.

However, in cases where someone under 18 was tried and found guilty as an adult or where a court martial found you to be guilty will count against your good moral character consideration. Additionally, if your case was expunged, the conviction will still be considered.

You cannot be found to have good moral character while on probation. Yet, upon completion, if you can demonstrate rehabilitative change, you may be found to have good moral character. Some factors that may be considered in determining if one has good moral character could include family ties, criminal history, education, past employment, tax records, community involvement, and the length of time spent in the United States.

Requirement 9. Demonstrate respect for the principles and ideals of the US Constitution

The ninth requirement for naturalization is that you must demonstrate respect for the principles and ideals of the US Constitution. You must be willing to take and follow the Oath of Allegiance, be faithful to the US, the US Constitution, and all US laws, and be willing to carry out all responsibilities of a US citizen.

Some of the things that may be considered when determining if this requirement is satisfied include: willingness to register for Selective Service when required to do so; membership in the Communist Party, a totalitarian party, or another terrorist organization; any connection to the Nazi Party; and any participation in persecution or genocide.

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VAWA Guide: Everything You Need to Know About VAWA

The Violence Against Women Act, or VAWA, is a special law which allows the spouse and/or child of an abusive U.S. citizen or lawful permanent resident to apply for a green card by self-petition. Through VAWA, someone can apply for their green card without the help of their abusive spouse.

In this guide, I will explain what you need to know about VAWA.

Overview:

1. What is VAWA?

2. Benefits of VAWA

3. Who is Eligible to Apply for VAWA?

4. VAWA Requirements

5. VAWA Process

6. Required Documents for VAWA

7. VAWA Fees

8. VAWA Processing Time

9. Conclusion

1. What is VAWA?

VAWA stands for the Violence Against Women Act. Even though it is called the Violence Against Women Act, you do not need to be a women to qualify. Both men and women may be eligible under VAWA.

The Violence Against Women Act is a law which gives certain people the right to self-petition for a green card if certain conditions are met. As a general overview, to qualify, you must be the abused spouse or child of a U.S. citizen or lawful permanent resident. We will discuss this in more detail below.

If you satisfy the VAWA requirements, you may be eligible to apply for permanent residence (a green card) without the help of your abusive spouse. You do not need to rely on your abusive spouse to file an immigrant petition on your behalf. Instead, you may be eligible to self-petition for your green card. This means that you can apply on your own.

2. Benefits of VAWA

Ability to Self-Petition

Normally, if you are applying for a green card based on marriage to a U.S. citizen or lawful permanent resident, your spouse (the U.S. citizen or lawful permanent resident) must act as the petitioner for your immigrant petition. This means that the U.S. citizen or lawful permanent resident must agree to file your immigration paperwork. They must sign the immigrant petition and act as the “petitioner” for your case.

The problem with this system is that if the U.S. citizen or lawful permanent resident spouse is abusive, they could use U.S. immigration as a way to control the abused spouse. For example, they could threaten to withdraw an immigrant petition if the victim reported the abuse to authorities. Congress understood this risk and enacted VAWA to help prevent this scenario.

The main benefit of VAWA is that it allows the abused spouse or child to self-petition for their green card. This means that they can file the petition on their own behalf. They do not have to rely on their abusive spouse to file their immigrant petition.

Immigration Benefits for Children

Another benefit of VAWA is that it allows you to include your children as derivative beneficiaries of your VAWA petition. What this means is that, if you are eligible to apply for your green card through VAWA, you may also be eligible to apply for green cards for your children. Your children to not need to be related to the abuser to qualify. In addition, your children do not need to be related to the abuser to qualify.

In order for your child to qualify as your derivative beneficiary, they must be unmarried and under 21 years old at the time the VAWA petition is filed.

3. Who is Eligible to Apply for VAWA?

There are 5 categories of people who may apply for VAWA:

Abused spouse of a U.S. citizen or lawful permanent resident
Spouse of U.S. citizen of lawful permanent resident whose child has been abused by the U.S. citizen or lawful permanent resident spouse
Abused child of a U.S. citizen or lawful permanent resident
Abused parent of a U.S. citizen who qualifies as an “immediate relative”

4. VAWA Requirements

There are several requirements to qualify for VAWA. In this section, we will explore the VAWA requirements in some detail.

Marriage to a U.S. Citizen or Lawful Permanent Resident

To qualify for VAWA as the abused spouse of a U.S. citizen or lawful permanent resident, you must show that you entered into a good-faith marriage with the U.S. citizen or permanent resident. What this means is that, at the time of the marriage, you must have intended to establish a life together. If the marriage was entered into just for immigration benefits, then it is not a good-faith marriage.

Important Points

Intended Marriages: Intended marriages can still satisfy the marriage requirement. An intended marriage for purposes of VAWA is when the abused spouse and the U.S. citizen or lawful permanent resident get married in good faith, but the marriage is not legitimate because the U.S. citizen or lawful permanent resident is still marriage to someone else.

Termination of Marriage: In certain cases, you can apply for VAWA even if you are no longer married to the abusive spouse. In order to qualify, you must have been in a bona-fide marriage with the abusive spouse. In addition, the marriage must have terminated within the last 2 years. Also, the termination of the marriage must be connected to the battery or extreme cruelty of the abusive spouse.

Parent-Child Relationship

To qualify for VAWA as the abused child of a U.S. citizen or lawful permanent resident, you must show that you have a parent-child relationship with the abusive U.S. citizen or lawful permanent resident.

Parent of Abusive U.S. Citizen

To qualify for VAWA as the abused parent of a U.S. citizen, you must show that you are the parent of the abusive U.S. citizen. You must also show that you are eligible to be classified as the immediate relative of the abusive U.S. citizen. This means that the abusive U.S. citizen must be at least 21 years old.

Residence Requirement

There are 2 prongs to the residence requirement:

To qualify for VAWA, you must reside in the United States at the time the VAWA petition is filed. If you do not reside in the U.S. at the time the VAWA petition is filed, you must be able to show that the abusive U.S. citizen or lawful permanent resident is an employee of the U.S. government or a member of the uniformed services or that the abusive U.S. citizen or lawful permanent resident subjected you or your child to extreme cruelty or battery in the United States.

To qualify for VAWA, you must have resided with the abusive U.S. citizen or lawful permanent resident at some point. You do not need to currently reside with the abusive U.S. citizen or lawful permanent resident. Also, your residence with the abusive U.S. citizen or lawful permanent resident does not need to have been in the United States.

Citizenship Status of the Abuser

To qualify for VAWA, the abusive U.S. citizen or lawful permanent resident must either be a U.S. citizen or lawful permanent resident. If the abusive U.S. citizen or lawful permanent resident is no longer a U.S. citizen or lawful permanent resident, you may potentially still qualify for VAWA if you file the VAWA petition within 2 years of the abusive U.S. citizen or lawful permanent resident loss of status if their loss of status was related to an instance of domestic violence.

Must Have Suffered Abuse

In order to qualify for VAWA you must have suffered abuse at the hands of the U.S. citizen or lawful permanent resident spouse or parent. In cases where the VAWA petitioner is a parent of an abusive U.S. citizen child, you must show that you suffered abuse at the hands of the U.S. citizen child.

To demonstrate that you have been abused, you must show that you have been battered or that you were the subject of extreme cruelty.

Abuse is also defined by the regulations to be any act or threatened act of violence and also includes psychological abuse, rape, incest, and forced prostitution.

Good Moral Character

To qualify for VAWA, you must be able to demonstrate that you are and were a person of good moral character for a 3-year period preceding the filing of the VAWA petition.

We typically provide police clearances, tax returns, and/or declarations from people who know you, to demonstrate that you satisfy the good moral character requirement.

5. VAWA Process

Here is a step-by-step overview of the VAWA process:

Consult with Immigration Lawyer

The first step in the process is to consult with an experienced immigration lawyer. Your immigration lawyer will help you understand whether you may have a case under VAWA. Your immigration lawyer will also be able to help you determine whether VAWA is the best option for you. After discussing with an immigration lawyer, you may determine that there is a better option for you based on your particular circumstances. Also, many immigration lawyers offer a free initial consultation!

Form I-360

After you’ve consulted with an immigration lawyer, the next step in the VAWA process is that you must file a Form I-360 with USCIS. The Form I-360 is the Petition for Amerasian, Widow(er), or Special Immigrant.

The Form I-360 is the application that is filed with USCIS to apply for VAWA.

Along with the Form I-360, you must submit all the documents that support your case. We will discuss more about these documents below.

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Naturalization Process and Requirements to file the Form N-400

Naturalization is the process through which someone is granted U.S. citizenship after they satisfy certain requirements.

The first step in the naturalization process is to file the Form N-400 with USCIS. The N-400 is also known as the Application for Naturalization. This is the form used to apply for naturalization.

The N-400 can be filed online or you can print out a physically copy of the form and mail it to USCIS.

Naturalization Requirements

Before you file you N-400, you should make sure that you satisfy all of the naturalization requirements:

Must be at least 18 years old

Must be a U.S. lawful permanent resident

Must have continuously resided in the United States as a permanent resident for the last 5 years (or 3 years in certain cases where you are married to a U.S. citizen)

Must have resided in the same state for at least 3 months

Must have been physically present in the U.S. as a permanent resident for at least half of the time over the last 5-year period (or 3-year period in certain cases where you are married to a U.S. citizen)

Must demonstrate that you have been a person of good moral character over the last 5-year period (or 3-year period in certain cases where you are married to a U.S. citizen)

Must demonstrate that you have an understanding of the English language

Must take an exam to demonstrate that you have a basic knowledge of the form of government in the U.S. as well as U.S. history.

Must take an oath that you will support and defend the U.S. constitution

Documentation to Provide with N-400

Assuming you satisfy the naturalization requirements, another important task is to make sure that you include the correct documents along with your naturalization application.

Each case is different and the correct documents to include with your application will depend on your particular situation. If you need any help determining which documents to include with your application, feel free to email me directly at Michael@AshooriLaw.com.

With that said, here are some of the documents that you may need to include with your application:

2 passport photos
Copy of your green card
Copy of your marriage certificate or divorce decree (if applicable)

Naturalization Fee

Another very important aspect of the N-400 is the filing fee. It is very important to make sure that you submit the correct filing fee with your application, otherwise USCIS will likely reject your application.

At the time that this guide is being published, the naturalization filing fee is $640. Applicants under the age of 75 are also required to pay a biometric services fee of $75. So, the total naturalization fee is $75.

Naturalization Processing Time

The processing time for the Form N-400 is typically between 8-14 months. The average processing time for a naturalization application depends on your city and state of residence (where your naturalization application is filed)

Click here to learn more about Naturalization Process: What to Expect from Start to Finish

Step by Step of Replacing Your Lost Green Card

As a U.S. permanent resident, you are issued a green card. The green card is your proof of lawful status as a U.S. permanent resident. This document proves your ability to live and work in the United States and so it is highly important.

So, what happens if you lose your green card?

In this guide, I’ll explain exactly how to replace a lost green card. I’ll explain what to do depending on whether your green card is lost while you are in the United States or if it is lost while you are abroad.

If you have any questions, please feel free to email me directly at Michael@AshooriLaw.com. I’m a U.S. immigration lawyer I’d be happy to help you.

Overview:

Lost Green Card in the United States

Lost Green Card Outside of the United States

Lost Green Card in the Mail

Conclusion

1. Lost Green Card in the United States

Fill-Out the Form I-90

If you lose your green card while you are in the United States, the first step is to file a Form I-90 with USCIS. The Form I-90 is the Application to Replace Permanent Resident Card. This is the main form used to replace a green card if it is lost, stolen, or expired. The I-90 can be filed online or it can be physically mailed.

Include the Correct Filing Fee

Make sure to include the correct filing fee with your Form I-90. If the correct filing fee is not paid, USCIS will not accept your application. Make sure to check the current I-90 instructions, before filing your I-90, to confirm that you are paying the correct filing fee. If you have any questions, email me at Michael@AshooriLaw.com.

There are 2 fees associated with replacing a lost green card:

I-90 Filing Fee: $455

Biometrics Services Fee: $85

Include the Correct Documents with Your Application

The documents that you must submit with your I-90 will depend on your particular case. In the case of a lost green card, you should include a photocopy of the front and back of your green card that was lost. If you do not have a photocopy of your lost green card, you may be eligible to submit a photocopy of another government-issued form of identification, such as a driver’s license or the identification page of your passport.

Attend Biometrics Appointment

After you file your I-90, you will receive a notice to attend a biometrics appointment. At this appointment, you will have your digital fingerprint taken. Make sure to attend the biometrics appointment, as this is a required step to get your new green card.

How Long Until I Get My New Green Card?

Once you file the Form I-90, it takes USCIS about 6 to 10 months to process your application and issue you a new green card.

What if I Must Travel Outside of the U.S. Before Getting My New Green Card?

A common problem is that many permanent residents file their I-90 and then must leave the U.S. They do not have time to wait 6 to 10 months to receive their new green card. If you are in this position, you should make an InfoPass appointment with a local USCIS office. At the appointment, you should bring your receipt notice for the I-90 (which is proof that you have filed the I-90).

While at the appointment, you should request an I-551 stamp in your passport. The I-551 stamp is typically valid for 1-year. This stamp is temporary proof of permanent resident status for purposes of re-entering the country without a valid green card.

2. Lost Green Card Outside of the United States

If you lost your green card while outside of the United States, the procedures on what to do are slightly different. Please see below.

File Form I-131A Application for Travel Document (Carrier Documentation)

Your green card is your proof of permanent resident status which allows you to enter the United States. Without a valid green card, a transportation carrier (such as an airline) will likely not permit you to board the plane. If they did permit you to enter the plane without a valid green card, they could incur fines.

So, if you lose you green card abroad, you will need to first apply for a travel document (carrier documentation). To do this you must file a Form I-131A in person at a U.S. consular office abroad. Before you appear at the U.S. consulate or embassy, you must submit the filing fee for the I-131A through the USCIS online payment system. The filing fee is currently $575.

Keep in mind that you can only apply for the carrier documentation in the following circumstances:

You are a lawful permanent resident and you are returning from temporary travel abroad of less than one year, and your green card has been lost, stolen, or destroyed; or

You are a lawful permanent resident and are returning from temporary travel abroad of less than two years, and your reentry permit has been lost, stolen, or destroyed.

If you have been outside of the United States for a year or longer without a valid reentry permit, make sure to contact a U.S. immigration lawyer as the steps listed above may not apply to you.

Once you receive the carrier documentation, you may use this to board a plane to reenter the United States.

File Form I-90 with USCIS

Upon returning to the United States, you should file a Form I-90 (Application to Replace Permanent Resident Card) as specified earlier in this guide.

3. Lost Green Card in the Mail

If USCIS sent you your green card in the mail and you never received it, it may have been returned to USCIS as undeliverable. In cases like this, when certain conditions are met, USCIS allows you to file another I-90 without paying a filing fee, to receive your green card. Please email me directly at Michael@AshooriLaw.com to determine if your case fits the necessary criteria.

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H4 EAD Dependent visas

The H4 visa is the dependent visas that attaches to the H1B visa. H1B visas are the most common nonimmigrant work visa available to professionals. Some H4 visa holders are eligible for EAD, an Employment Authorization Document.

In my practice, H1B families have posed similar questions about the nuances of the H4 EAD. I have collected these most “commonly asked questions” and compiled the answers for you.

In this guide, I will explain almost everything you need to know about the H4 EAD. If you have any questions, feel free to email me directly at Michael@AshooriLaw.com. I’m very responsive via email and I would be happy to help you.

For more info Click Here.

Everything to Know on How to Get Your Reentry Permit

If you are a United States lawful permanent resident (green card holder), you have the right to live in the U.S. and travel freely outside of the U.S. However, certain types of travel can put your green card at risk. That is why if you are planning to travel outside of the U.S. for longer than 6 months, you should strongly consider applying for a reentry permit. A reentry permit is a travel document (similar to a passport) which helps protect your status as a lawful permanent resident.

In this guide, I will discuss what you need to know to get your reentry permit.

If you have any questions, feel free to email me directly at Michael@AshooriLaw.com. I would be happy to answer your questions and to help you apply for your reentry permit.

Overview:

General Overview of the Reentry Permit

Benefits of a Reentry Permit

Situations Where You May Need a Reentry Permit

Requirements to Get a Reentry Permit

How to Apply for a Reentry Permit

Documents Needed to Apply for a Reentry Permit

How Long is a Reentry Permit Valid for?

Conclusion

1. General Overview of the Reentry Permit

A reentry permit is a travel document (similar to a passport) which allows U.S. lawful permanent residents to reenter the United States after extended periods of time spent outside of the United States. The reentry permit creates a legal presumption that a lawful permanent resident did not intend to abandon their status, despite being outside of the United States for an extended period.

As a U.S. lawful permanent resident, you can typically travel in and out of the United States without any issues. When returning to the U.S., in most cases, you would use your Form I-551 (Green Card) to re-enter the United States. However, if you’re traveling outside of the U.S. for a year or longer, your Green Card can no longer be used to re-enter the United States. You will either need a valid reentry permit to reenter the United States, or alternatively, you will need to apply for a returning resident visa (SB-1).

To understand these concept, lets first discuss some of the rights and obligations of U.S. lawful permanent residents.

Rights and Obligations of United States Lawful Permanent Residents

As a lawful permanent resident, you have several rights, including the right to permanently live and work in the USA.

Your status as a lawful permanent resident must be maintained.

Failure to maintain your lawful permanent resident status may result in your status being abandoned.

One way to potentially abandon your lawful permanent resident status is through extended periods of travel abroad.

Issues for Lawful Permanent Residents When Traveling Outside of the United States

As a lawful permanent resident, you are permitted to travel in and out of the United States.

However, depending on how long you are outside of the United States, you may face certain consequences with respect to your status.

Travel abroad for 6 months or less:
- If your travel abroad is for 6 months or less (180 days or less), you should typically have no issues when returning to the U.S.
- Upon your return to the U.S., you are not treated as someone who is seeking admission into the United States.
- You are not required to prove that you have been maintaining your status as a lawful permanent resident.
- You can use your Form I-551 (Green Card) to re-enter the United States.

Travel abroad for 6 months to a year:
- If your travel abroad is for more than 180 days but less than a year, you may be subject to inspection upon return to the United States.
- You may be asked to prove that you’ve been maintaining your status as a lawful permanent resident.
- You can use your Form I-551 (Green Card) to re-enter the United States.

Travel abroad for a year or longer:
- If your travel abroad is for a year or longer, upon return to the United States, you must prove that you’ve maintained your status as a lawful permanent resident.
- Your Form I-551 (Green Card) cannot be used to re-enter the United States.
- You will either need a valid reentry permit to enter the U.S., or you will need to apply for a returning resident visa (SB-1).

What Does a Reentry Permit Do?

With a valid reentry permit, you can reenter the United States after staying outside of the U.S. for up to 2 years without having to get a returning resident visa.

With a valid reentry permit, there is a legal presumption that you intended to maintain your status as a lawful permanent resident despite lengthy trips outside of the country.

What is a Returning Resident Visa?

If you are a lawful permanent resident, and you travel outside of the United States for a year or longer without having a valid reentry permit, you will need to apply for a returning resident visa, to reenter the United States. Your green card cannot be used to reenter the country.

To get a returning resident visa you need to prove that:

You were a lawful permanent resident when you left the United States.

When you left the United States, you intended to return to the United States.

During your trip outside of the U.S., you maintained your intention to return to the USA.

Your extended stay outside of the country was for reasons outside of your control.

Important Note Regarding Reentry Permits:

A reentry permit creates a legal presumption that you did not intend to abandon your status as a lawful permanent resident. The government may overcome this presumption by providing “clear, unequivocal, and convincing evidence” to the contrary. So just because you have a reentry permit does not mean that you are guaranteed to maintain your status as a lawful permanent resident.

Now that we’ve discussed some basic concepts, lets discuss the benefits of a reentry permit.

2. Benefits of a Reentry Permit

Travel: With a reentry permit, you can leave the United States for extended periods and reenter the country without getting a returning resident visa.

Maintain Status: With a reentry permit, there is a presumption that you did not intend to abandon your status, despite extended periods spent outside of the United States.

Travel Document: If you are unable to get a passport from your home country, a reentry permit may function similar to a passport.

If you plan to visit a country that will not honor the passport of your home country, you can use the reentry permit as a travel document similar to a passport.

3. Situations Where You May Need a Reentry Permit

Here are some common scenarios where a lawful permanent resident can benefit from having a reentry permit:

If you plan to stay outside of the United States for a year or longer. A reentry permit can be used to enter the US without a returning resident visa.

If you spend a lot of time outside of the United States. Even if you do not stay abroad for a year or longer, spending extensive time outside of the USA may be questioned at the border. Your reentry permit will create a presumption that you did not intend to abandon your status.

If you cannot get a passport from your home country. A reentry permit can work as a travel document (similar to a passport) allowing you to travel.

4. Requirements to Get a Reentry Permit

Here are the main requirements to get a reentry permit:

You must be either a lawful permanent resident or a conditional lawful permanent resident.

You must intend to depart the United States temporarily.

You must file a Form I-131 and provide all necessary supporting documentation.

Your application for the reentry permit must be filed while you are in the United States.

You must complete the required biometrics (digital fingerprint and digital photo) in the United States.

5. How to Apply for a Reentry Permit

Here is a step-by-step breakdown of how to apply for a reentry permit:

i. Hire an Immigration Lawyer

ii. File Form I-131

iii. Complete Biometrics

i. Hire an Immigration Lawyer

The first step you should take to get your reentry permit is to hire an immigration lawyer. While you are not required to have an immigration lawyer file your application for a reentry permit, working with an immigration lawyer has many benefits.

Your immigration lawyer will review and analyze your situation to determine whether a reentry permit is the right option for you. Through this process, you may find out that a reentry permit is not appropriate for your situation or that an alternative course of action is more appropriate.

Your immigration lawyer will also plan and develop a strategy regarding the timeline for when everything should take place. With reentry permits, timing is critical. You are required to be present in the United States during certain key phases of your reentry permit application. Your immigration lawyer will work with you to create a course of action that works for you based on your travel needs.

If you have any questions about your specific situation, feel free to email me at Michael@AshooriLaw.com. I’d be happy to answer your questions.

ii. File Form I-131

Once it is determined that a reentry permit is the correct option for you based on your situation, the next step is to prepare and file the Form I-131. The Form I-131 is also called the “Application for Travel Document.” This is the form used to apply for a reentry permit. This form must be filed while you are in the United States.

You should be careful to submit all necessary supporting documents along with the Form I-131.

iii. Complete Biometrics

After you file your Form I-131, USCIS will require you to complete biometrics. At the biometrics appointment, your fingerprints are taken digitally.

Your biometrics must be taken inside of the United States. In very limited circumstances, there are exceptions where someone can attend their biometrics appointment outside of the United States.

6. Documents Needed to Apply for a Reentry Permit

To qualify for a reentry permit, you must submit multiple documents along with your Form I-131. The documents you need to submit will depend on the facts of your particular case. Please contact me directly at Michael@AshooriLaw.com to discuss your case with you.

7. How Long is a Reentry Permit Valid for?

A reentry permit is typically valid for 2 years from the date it is issued. However, in certain situations, a reentry permit is valid for less than 2 years.

Conditional lawful permanent residents: If you are a conditional lawful permanent resident, your reentry permit cannot extend past the date your conditional lawful permanent residency will expire. So in this case, your reentry permit may be valid for less than 2 years.

Lawful permanent residents who have spent considerable time outside of the US: if since becoming a lawful permanent resident, or during the last 5 years (whichever is shorter), you have been outside of the USA for more than 4 years total, your reentry permit is limited to 1 year. There are limited exceptions to this rule.

8. Conclusion

If you are a lawful permanent resident and are planning to travel outside of the United States for a year or longer, you will likely need to get a reentry permit. With a valid reentry permit, you can stay outside of the United States for up to 2 years without abandoning your status as a lawful permanent resident. A reentry permit can also be used to reenter the US after absences of a year or longer, without the need for a reentry permit.

If you have any questions about the reentry permit, or if you need help getting your reentry permit, email me directly at Michael@AshooriLaw.com. I’d be happy to answer your question@ashoorilaw2

Ashoori Law is a Los Angeles based immigration law firm.