Immigration & Criminal Blog

1. Remember the Burden is on You It is vitally important to understand that the burden is on you to prove that you are in a bona fide relationship. You probably have friends or family members who got married and never merged their finances, got joint credit cards, took out a life insurance policy, or […]

What is the “90 Day Rule”? On September 1, 2017, the Trump administration amended the Department of State Foreign Affairs Manual to establish a “90 day rule.” The Foreign Affairs Manual is used for guidance by consular officers stationed at US consular posts abroad when making determinations about whether to issue a visa. Under the […]

What is an I-751 Removal of Conditions on Permanent Residence Petition? When an immigrant obtains permanent resident status as a result of a spousal petition, and the couple has been married for less than two years, the beneficiary will receive a conditional green card. Similarly, all successful K1 fiancé adjustments will result in the foreign […]

Adjustment of Status or Consular Processing for a Spousal Green Card There are two ways to obtain a green card in the United States – adjustment of status and consular processing. Adjustment of status the process of obtaining permanent resident status from within the United States. Consular processing is the process of obtaining permanent resident […]

When do you apply for a spoual green card through consular processing? When the beneficiary is abroad, you will be filing either a spousal or fiancé visa petition and go through consular processing. You will start the case by submitting a filing with USCIS, and finish off the processing at the US consulate or embassy […]

Una de las preguntas más comunes que recibimos aquí en Pachuta & Kammerman, PLLC es como se saca un pariente de la detención inmigratoria con una fianza inmigratoria. Cuando un inmigrante es en el proceso judicial de la deportación, la Inmigración y Control de las Aduanas (“ICE”) frecuentemente detiene un inmigrante al principio del caso […]

One of the most common questions we receive at Pachuta & Kammerman, PLLC is how to get a family member released from immigration detention on an immigration bond. When an immigrant is placed in deportation proceedings, Immigration and Customs Enforcement (“ICE”) will often detain the immigrant at the outset of the deportation case. While it […]

What is a K1 Visa? A K1 visa allows the fiancé of a United States citizen to come to the United States for the purpose marrying their citizen fiancé and adjusting status to become a permanent resident. A K1 visa is initiated by the US citizen fiancé by filing form I-129F with United States Citizenship […]

What is the Two Year Home Residency Requirement? Some immigrants who come to the US on a J-1 visa are required to return to their country of nationality for two cumulative years before they can petition for permanent residence from abroad or adjust status from within the US. This requirement is variably referred to as […]

Since the Trump Administration took office in January 2017, there have been three important changes to the administration of US immigration law that taken together will drastically effect asylum seekers. First, by executive order dated January 25, 2017 the Administration put an end to the policy of catch and release, limiting parole to those arriving […]