inside immigration information about marriage green cards and work visas in America
Welcome to IMMIGRATE TO AMERICA!
This blog is where we share American Immigration information that only insiders know. After working so long in the immigration field, we have learned many tips and pieces of information that we are willing to share with others.
Here is a listing of some of the immigration information we have to offer:
If you have been researching a particular topic or question for a long time, or if you are just starting out learning about how to IMMIGRATE TO AMERICA, we hope our blog articles are helpful. We wish the best of luck to everyone!
Questions? Email Senior Immigration Attorney Danielle Nelisse: danielle@immigrationworkvisa.com
DANIELLE NELISSE is an experienced immigration attorney in America who practices exclusively immigration law, providing United States immigration & naturalization legal services to clients throughout the world. She is a longstanding member of the American Immigration Lawyers Association (AILA).
Attorney Nelisse was admitted in the District of Columbia in 1999 and practices exclusively USA Immigration and Nationality Law (not admitted in California). As an attorney licensed by a state in the United States, federal law 8 CFR §292.1(a)(1) allows Attorney Nelisse to practice immigration law before the USCIS, ICE, CBP, and the Executive Office for Immigration Review (EOIR).
Headquartered in San Diego, California USA, the Law Offices of Danielle Nelisse strive to provide effective, efficient and quality immigration legal services to international clients with a personal touch.
The Law Offices of Danielle Nelisse has 12 years of experience preparing U.S. immigration applications for foreign national clients and American companies throughout the United States of America and abroad related to:
Questions? Email danielle@immigrationworkvisa.com
My name is Tom and I am a US citizen, and my wife and stepson (6 yr) are CR and will receive LPR in May 2013 (likely interview is February/March 2013). We also have a dual citizen baby (8 mons) born in the Philippines and living with us in the USA. We would like to live abroad in the Philippines for 4 years starting in June 2013 and returning April 2017 while my wife goes to nursing school to become an RN. We want to keep the family together during her studies. I am a photographer who can work from home anywhere in the world. We will maintain a residence in the USA, file taxes, pay utilities, keep state DLs, bank accounts, etc. to prove our intention to permanently reside and live in the USA. We will return to the USA at least once to twice each year, as her study program allows (Philippine schools are very rigorous with few breaks), for anywhere from one week to 2-3 months.
At the end of 4 years of study, we will return to the USA so that my wife can begin her career as an RN. Of course, we are at the whims of the USCIS and airport immigration officer everytime we travel back and forth during her study abroad and want this 4-year period to be trouble free.
Is there anyway to discuss this matter ahead of time with the USCIS and discuss our intentions to simultaneously have my wife study abroad while keeping our family together with an immigration officer? What about the officer who conducted our CR interview in February 2011?
Should we still apply for a re-entry permit even if we intend to travel back to the USA 1-2x each year? Applying for the re-entry permit seems to be a potential way to inform USCIS that my wife and stepson will be spending the majority of their time in the Philippines over the course of 4 years with multiple return visits during this period.
Are there any concerns for our 6 year-old stepson to live with us in the Philippines? Would USCIS expect the family to be separated and for him to reside in the USA during her study abroad?
Due to critical labor shortages, I know there are special rules for RNs to immigrate and work in the USA? How about special rules for GC-LPRs to study abroad and then return as an RN?
Thanks,
Tom
Dear Danielle,
Thank you for your amazingly helpful blog and informative commentary. I am a US citizen living in Canada and my girlfriend of four years has been a US GC holder for the last 6 years. She has spent over 1500 days in the US in total.
After graduating, she got an 16-month internship that requires her to basically travel abroad as a translator/researcher for a newspaper. Although the position is technically based in New York, in reality she spends no time there. Since then (late June 2011) she has been back to the US one time for a three-week stay (in early December 2011, never having exceeded 6 months outside the country). She was not questioned at all by immigration officials. She is now planning a week-long trip home (her family lives in Texas and her mother and step father are US citizens) next month, specifically so that she does not exceed the 6-months of continuous stay abroad rule. Her current position will end in early October, after which she will return to the US and not leave again.
According to the travel schedule she has created, she will not spend more that 6 months abroad on any one trip, but she would have only spent a little over one month in the US out of the most recent 16.
She does not have a re-entry permit (as we just learned of this a few weeks ago), but she does have plenty of ties to the US (family, tax returns, insurance, doctor appointment records, dental, etc). I have read through your blog post on this issue carefully and I would just like to ask if there is anything particularly useful she should carry or say if she is questioned? Will this internship period affect her application for naturalization? Any advice would be much appreciated!
Thank you!!!
Hello Danielle,
Thanks for creating this forum .I am Adil from Morocco. I am a green card holder .I want to know if i can study abroad for 3 years abroad and each years i Will spend a 1 month in USA.
After i will stay definitively here.
Thank you so much.
Hello Danielle,
I just received my Green Card today. I was very disappointed when I saw they made a stupid mistake on it. The Country of Birth is supposed to be “Vietnam”, but on the card is “North Vietnam” !!!
My husband and I planned to go to Vietnam in May, 21 and we already bought the tickets. I already made an infopass appointment to ask them to replace a new one but they aren’t available until next week. Moreover, i don’t know if I have to pay any fee because this is definitely their mistake. And that i don’t know how long it will take to receive the replace one because I’m worried that if I don’t receive the replace one before May, 21, how can I go to vietnam without the Green Card??
Thank you so much and have a good day.
Hello,
I am a grown daughter of a US citizen. My father just petitioned for me and my two siblings through I-135. We have arrived the US now, and awaiting our green card but i intend returning back to my country of residence immediately after i recieve my green card where i intend spending about 6 months before i return back to the US. Can you advice if i can proceed on this trip immediately i get my green card (Within two weeks ), will this trip jeopardise my green card in any way.
Regards
Hello Danielle,
I am a green card holder since 2003. I have been studying abroad for my BA and MBA, but since 2003 always coming before 6 months and spending time with my parents that live here. In 2010 I decided to move to New York where I reside, I would like to do my citizenship. I know I need 5 years, at least 931 days in the country. if I go back 5 years ago, 2007-2012 I have cumulated 838 days so far, but in 2008 I broke my continuous residence, I stayed 8 months abroad but didnt have to do a re entry permit.I couln’t come because I was passing my exams, and got my degree in that date. So I am still eligible? or should I wait until 2014 and go back 5 years (2009-2014) respecting continous residence + physical presence?
Let me Know,
Danielle,
My parents have GC. They left the state at the end of 2008 for a short trip to China. During their trip in China, my dad was diagnosed with liver cirrhosis. Subsequently it developed to liver cancer. Because my dad does not have health insurance in the state, he decided to receive medical treatment in China. Dad passed away last month.
My mom wants to return to US now. Since she is out of the state for more than 2 years, will she have trouble of entering the state? What can I do to help her re-enter the state and retain her GC?
Thanks
Lillian
Dear Danielle,
My wife and I have green card , recently my wife delivered a child in india.
my question is what is the process to get my child to USA? can I get my child here on visit visa? can i apply for his GC and how long the process takes.
Thanks in advance.
Dear Danielle,
My wife’s grandfather (mother’s side only) was born in the US in 1910 and left when he was 10 or so.
My wife-s great grandfather emigrated to the US and died there.
My wife’s mother was born in Poland in 1935 whose sister born in 1940 gained citizenship in the 90′s due to her father being an American.
Is my wife american – derived from her grandfather?
Hello Danielle, Let me start by saying that I’m a huge fan of your blog! So I am a US citizen that has married a Chinese citizen that was in the US on a J1 visa. We’ve been dating for 2 years and have been married for 5 months. We have plans to have a big wedding in China with both of our families in Oct of 2012. However, 5 months ago, we had a very small ceremony and got a self-uniting (common in PA) marriage license and only had a few friends included in that ceremony and did not take pictures of the ceremony since we are planning another large ceremony in China. We have been very successful in doing all of the paperwork needed and will be having our interview in 2 weeks. We can prove that we are truly in love with each other and have been living together for about 1.5 years, have joint accounts, joint lease, ect. However, I’m now worried that our choice to have a small legal ceremony and not have any pictures of it will possibly cause us to get denied a green card. What is your experience with this? Am I just being overly worried or is there a good risk of getting denied because of this? I’ve read on a few other sites of other people getting married in front of a judge and not even having a ceremony and they got their green card. Any input is much appreciated. Keep up the great work!
my name is hassan hussein abdullahi
i am in africa right now but i am requesting for those whom are concern for this good work to help me becase i like very much to come to USA i am always recalling to get for this golden aportunity with golden country so please i need your help
Hi my name is Jasmine. I am helping someone who is a green card holder to ask a question. He got his green card in 2002 and the expired date is 2014. I thought green card can only hold for 10 years and have to renew it. However, it is confused that this card holder will expired after 12 years. Is it possible or is a mistake?
Thank you.
Most likely, he was married and had a “temporary” green card for 2 years. Thereafter, he likely obtained his 10 year greencard; so I don’t believe it is a mistake. INS (or rather shall we say Dept. of Homeland Security) rarely would make such mistakes. Depending on his country of origin, there may be negative consequences (eg. losing his current passport due to the fact such country does not permit dual citizenship, US tax filing requirements – once he is a citizen) – so obtaining US citizenship, should be carefully considered.
Hi Danielle.
My wife arrived here on a K-1 Visa. I had always thought that she could bring the rest of her family here on an I-130 as soon as she received her 2 year residence. Now she tells me that since her daughters recently married she cannot request them coming here even on a I-130 until she has her citizenship which we know will take 5 years. And she tells me that she cannot even request that her mom come live with us until her citizenship (a blessing?).
Is all this true?
Dennis
Danielle God Bless you have this. I have a friend of the family who her and her family are my host everytime I go to the Philippines.I’ve known the mother of the family for a long time and her daughter since birth who is now married,4 kids,full time job,has a business,has a husband working at Carnival,etc. To extend my gratitude to them I invited her and her daughter to visit me and I would take care of the plane tickets and they can stay for free. In March she was denied. I’m assuming Embassy thinks she’s going to go with her husband but her husband rarely on land and truly works in sea. So now December her husband comes back after his contract ends she reapplys again with her daughter to come.Consul asked her few questions she answered appropriately but then asked about her husband.She stated he was in Phil & contracted ended.Consular said “But he’s renewing right?”She said “yes but it’s not a guarantee” then Consular assumed husband was sponsoring the trip & basically insulted her stating “I wanna believe you but your husband only make $7000″ your trip should cost $10,000 (which is way over priced his estimate).”She replied “HE’s not the one sponsoring my family friend will be the one (although she has enough to pay her own ticket but I offered so she can use her money for trip plus I stayed free board with them).Then without even checking 1 piece of paperwork he stated that her story was “UNBELIEVABLE.”I am more than capable of taking care of their trip and she’s capable of her expenses yet the US CONSUL did not bother to CHECK her docs for anything bank statements,title,birth certs for the kids,job paychecks stubs,etc. She offered to prove finances but he kept telling her “I don’t look at documents and your story is unbelievable.”I thought going there you should tell the truth on how you’re planning your trip but this Consul did not even bother to let her show her documents at all.First I wanted to ask is it because I am not related to her that he finds my invitation unbelievable? We even brought pictures of me with her entire family to prove they are more like family to me then my own.Do they think she’s going to stay because her husband will go back on the boat and she will stay with him when he’s in Miami and I all the way in NEW YORK? But he’s not even here the time she applied to go. Seems like the CONSUL collects the $140 time and time again but won’t allow her to give any chance to prove otherwise. I understand that the consul looks at everyone as if their intention is to immigrate to the US and each applicant must prove otherwise but is calling her story UNBELIEVABLE when it’s the truth and without letting her put any docs up for him to see justifiable? I guess it is and US EMBASSY really doesn’t care do they. More like a business. Any advice I’d appreciate sincerely.
Hazel
Hi Danielle,
I was a green card holder. The card expired in 2000. (That’s over 10 years ago). I left the US in 1997. I was a minor then. After reading a few pages of this blog and comments…
Well, here’s the question. If I attempt re-entry using the green card, then of course they will take it away and say I’ve long since abandoned my permanent resident status, and then send me back.
However, until I formally surrender my green card to a US Embassy or until I attempt to re-enter the US using the green card, then my status is still not abandoned. Is that correct? The physical plastic card is expired, but my status is not.
Which means if I enter the US legally not using my green card, then … well I am legally there and I’ll just spend the next 5 years there (and apply for renewal of my green card from within the US) and then apply for Citizenship.
Does that make sense? (I will not be entering as a tourist.)
Because applying for a brand new green card is going to take me 7 to 10 years. Applying for an SB-1 Returning Resident Visa will most likely result in a negative assessment and revoking of my status.
I will not be entering the US illegally.
First of all, thanks for creating this forum to help all of us US-immigration-lost-souls.
I got married in January 2007 and ultimately could reach to my husband’s in May 2009; I got my GC which has a 10-year validity printed over it, in June 2009 while staying together at my husband’s place, who happens to be a US citizen. My sis-in-law had sponsored me at that time bcause he had lost his job during the great depression and could not get anything till the time I was there with him; he was surviving with his ‘unemployment bonus’ and maintaining his 3 kids who used to stay with his ex. Like many other people, driven by situation, we had a tough time and had frequent fights and as a result I left the country. Till that time, I am in my home-country. Now, after almost 2 years, I am thinking of going back again. Will it be possible at all? If yes, how should I proceed? Please guide.
Thanks for your time.
Hi Danielle,
First off, thanks for creating this forum to help all of us US-immigration-lost-souls.
I have a green card since 2004, it expires in 2014. My husband is a US citizen and my daughter has dual citizenship. Starting from this year, we have been spending more time in my home country as my kid started attending school there. She and I have been returning to the US twice a year during her school holidays, for about 3-4 weeks each time in the last 4 years.
We have a property in the US, along with utility, credit card, insurance bills and drivers’ license. We co-own an S-Corp based in CA and have also been filing US income taxes as citizens/residents for over a decade. We have the full intention of returning to the US but at this point, we have chosen to educate our kid in my home country because of the bilingual education. Jobs prospect for my husband here has been bad too and he’s able to find more work outside of the US. Hence the decision to spend more time away now.
My questions are:
1. If I continue this pattern of travel activities, will there be a problem with my permanent residency (each time leaving no more than 6 months)?
2. If I can keep my green card till 2014, will there be a problem renewing it at 2014?
Thanks!
Hello Danielle,
Thanks for creating this forum. I am a US citizen and my parents have green cards, well, until recently. My father left the US for over a year and was denied re-entry last October. We am fully aware of the rules and our concern now is how this may affect the immigrant visa petition that he filed for my sister. She recently received a notice from the NVC to submit a copy of the biographic data page of her passport, birth certificate, photos, and a police certificate. Our guess is that these are required before she is invited for an interview at the embassy in Africa. We are trying to be proactive and do all we can to help her case. Since my dad was the petitioner on her DS230 application, he filed the Affidavit of support for her. I am listed as her Agent and provided my tax docs as proof that she will be under my care upon arrival. Is there anything else that I can do to ensure that she gets a favorable decision?
Sincerely,
Ob.
Hi
Good day to you..My name is Regine, married to US citizen, I am a green card holder. I was able to go to America on K-1 Visa, i got there and got married last August 18, 2010, I got my green card after 1 year staying there and decided to come back here in Philippines to visit my family. I got here last Sept 2, 2011 and need to be back in US this February. My question is i don’t have a re-entry permit, do i need to get that in able to get back to the US? What are the process that i need to take to get back into the US? What else i need to do so that i will not have any problems getting back in? Please help, Thank you and Stay Safe.
Hello My name is Amir
My mom has a green card holder since 2002, she left USA on april of 2009 to viist her illed mother, 3 months after her trip she was diagnosed with breast canser and had no choice than staying in Iran for treatment up to July of 2011 . she couldn’t ask for extention since there is no embassy in Iran. she arraived in USA on August with all medical docs translated .her Green card and passport was taken away from her. and she was given the court date for Oct 25th,which she attended and was given a choice to give up her green card or another court date will be set for July 2012.Do you have any idea what is she going to face, and if the medical docs is enough for her to be able to retain her green card . any advice is appreciated. Thanks
Hi Danielle:
Thanks for giving us a place to address our questions and confusions. I am a Malaysian citizens married to a US citizen in 12/2002, and gave birth to 3 beautiful kids in 9 years, residing in Colorado. I have my 10 years greencard that won’t expired until sometimes in 2015 or 2016. My husband and I own properties in Colorado and California. I am planning to take my youngest kid with me to visit my elderly parents in Malaysia this January and to help around to sort things out for them, as my mom has alot of health issues, until my US citizen husband and 2 kids join us in July/August and then go back to the state together. So, I am looking into staying 6-7months out of the state with my youngest American-born son.
Am I going to have issues returning to the state with my husband and 3 kids? I do not wish to apply for the reentry permit thing if it is not necessary. I hope the fact that my US citizen husband and 3 kids will be with me, will help them to see that US is my home now, but sometimes, we still have matters at our origin country, that we have to help to take care.
Thanks.
Wendy
Hi my name is Gul,
My husband and I have a final hearing at the immigration court in Chicago for this coming march and We are almost sure that the judge will grant us our green cards. A couple months ago something urgent came up and I had to come to my home country with my three US Citizen children without letting the authorities know about it. My husband is still back there running our business. Since I don’t have a valid visa, I can’t go back. I really don’t want to miss our court date. Is there any way to get any kind of visa or permission to go back?
Thanks
Hi danielle, mi husband is a DV 2012 winner and we have our interview soon. The thing is that we have our B visa since 2006 (expires on 2016), and last year we wanted our son to be a U.S. citizen and so he was born in the U.S. We paid all of the doctors and hospital expenses (we were not an economic burden to us government and we did not overstay in the us according to our visa approved period). Can this cause the denial of the inmigrant visa? Can they void our actual B visa? Please give us your recommendations on how to act and what to say to the officer in order to increase our probabilities to get the inmigrant visa. Thank you!
Hi,
I have been charged for petty theft and court date is after 2 week. I am here on L1 B visa.
How it will affect on my visa Can i come back this is my first offence Whether my company will have access to my case using visa details.
In which case there will not be any immigartion consequences please suggest.
dear
good day to you,
(lawyer fees for changing outh cermony date)
thanks
Hi Danielle.My name is Sam and I would like to ask you the question.My parents have a GC since november 2008.They left to Monetengro on December of last year and my Dad had a stroke in May of this year so they couldn’t come back in USA.My Dad wasn’t able to travel since he was paralized,and worst from it He was hospitalized agai week ago and we don’t know what is going to happen.Please let me know what do I have to do so they won’t loose their papers.Thank you so much Sam
hello! my name is Hanna Bordan Little. I am green card holder.and it wont expire until september 2015. my question is, how am i going to be able to go back to the US since i have been here in Philippines for two years now? do i still have a chance to go back? my husband is there as well as my two children. i came back here because i was very depressed there and cant find any help without getting harmed.i felt i was emotionally threatened there. and when i came back here in october 2008, my sister sent me to school and i took a two year course as a computer programming.in march next year i will be graduating and i wish to go back to my family there in florida since they moved there this summer from ohio.please tell me what to do.i do need your help. i am looking forward for your response. thank you! God bless you!
hanna little
Hi Danielle,
I’ve heard rumors that once my spouse visa is approved, i’m not allowed to leave the US for two years. Is this true?
Dear J. Davies:
Once your spouse visa (marriage green card) is approved you are supposed to live permanently in the USA the majority of the time, just like every other green card holder. However, you are allowed to leave for a brief vacations. After you get your USA citizenship, you are allowed to leave as much as you like.
Regards, Danielle Nelisse
hi danielle, I want to keep my last name after i get married as its the only thing i have left from my father….do i have to change my last name to my husbands’ after we get married? will that affect my chances of getting approved for a green card?
Dear Dahlia:
You are allowed to keep your last name after you get married, and it should not affect your chances of getting approved for a marriage green card. Many American women do not change their last names when they get married.
Kind regards, Danielle Nelisse
hi, danielle
i have a question that i changed my last name to my husband’s family name from Nguyen To Dong in my marriage certificate,so when i apply to INS i have to change my last name by his last name or just keep my original last name.please answer ASAP you can since i really confuse.
thanks for your help
Dear Mrs. Dong:
When you fill out your paperwork for the USCIS you are allowed to use your new married name. Your marriage certificate is your official name change document.
Kind regards, Danielle Nelisse