For each problem, assume you are an attorney approached for advice. What do you recommend? What further information do you need, if any? There may be many ways to accomplish the cl
For each problem, assume you are an attorney approached for advice. What do you recommend? What further information do you need, if any?
There may be many ways to accomplish the client’s aims. Try to find the most expeditious one, paying attention to any backlogs in the preference categories for which your clients may qualify. As to some, you should remember that a lawful permanent resident qualifies for naturalization, in most cases, after five years’ residence in this country.
To analyze each problem, you will need to glean relevant information from the rest of subsection 2. For example, the latest monthly visa bulletin (a sample appears as Figure 2.6 below) is indispensable.
First, what is your advice to the client in the scenario raised previously: your client has been a lawful permanent resident of the United States for 10 years. Last month in Nairobi he married a national of Kenya who has a six-year-old child from a previous marriage (which was properly terminated by a valid divorce action), and naturally, he and his wife want to live together with her child in this country as soon as possible.
Your client was admitted to the United States as a lawful permanent resident 15 years ago. He wants to bring his brother here from Greece.
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Noncitizens Ana and Benito both live in Venezuela after marrying a year ago. Ana is granted a visa under the employment-based third preference and plans to move with Benito to the United States. Benito receives a visa in the same preference, as a derivative beneficiary under 203(d). Will Benito’s permanent resident status be granted on a conditional basis?
Noncitizen Gina is admitted as a nonimmigrant and does not leave the United States at the end of her authorized stay, remaining without lawful status. One month after her admission period expires, DHS locates her and starts removal proceedings. Gina then marries US citizen Hasim.
Hasim files a visa petition on her behalf so that she may adjust her status under INA 245. What are Gina’s options to remain in the Unites States as a lawful permanent resident?
Suppose instead that after the marriage she obtains agreement from DHS to depart voluntarily, the removal proceedings are dropped, and she leaves the country in the fifth month after her admission period expires. How soon can Gina return to the Unites States with an immigration visa based on her marriage to Hasim?
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