Alexus Paul Sham - Immigration Law Made Simple
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Form I-864 The Affidavit of Support: Fill it out accurately

Many people have questions about this form when filing for an immediate relative. It is very important that this form is filled out accurately and completely. 

The amount of people in the US citizen's household needs to be answered honestly. If you are claiming people as dependents on your tax returns, these people must be added to the number of people in your home. Be sure that all the required documentation accompanies this form, including federal tax returns and W2s. 

If the US citizen is near the poverty guidelines, it is usually best to have a co-sponsor fill out an I-864.

Continuous Presence versus Physical Presence for Naturalization

Many clients have questions about the physical presence and continuous presence requirements before applying for citizenship. It is always best to consult an immigration attorney before sending  in your application.

Physical presence means you actual time in the United States. If you are a green card holder you should be living in the United States at least 6 months a year and filing taxes in the US. If you are outside of the United States for more than 6 months you may be presumed to have abandoned your green card status.

Naturalization/Citizenship: To Apply or To Not Apply That is the Question

The general requirements for applying for citizenship are when a green card holder has been a permanent resident for five years or in cases where the application is based on marriage to a US citizen, the application can be filed three years from the issuance of the green card as long as the couple is still living together.

There is a growing trend, however, for people who apply for naturalization/citizenship to not only have the application denied, but the green card holder is also in jeopardy of having permanent status revoked and being placed in removal/deportation proceedings.

Divorce Waiver and Removal of Conditional Green Card

A common fact pattern is that two people marry for love and then one of them wants a divorce before the application of the removal of condition of the green card. The removal of condition takes place within 90 days of the conditional green card expiration date. It is important for conditional green card holders to know that they may only apply by themselves without the spouse if the divorce decree is final. The foreign national needs to show that the marriage was entered into in good faith. 

An I-485 green card interview

Welcome to this site. For my first topic, I would like to discuss preparation for a green card interview based on marriage.  Preparation is the key for the interview and our attorneys will make sure you are ready for the interview. In addition to providing a checklist of the necessary documentation, we will also identify potential issues and address how to deal with these issues. It is normal to be nervous and stressed out but our attorneys have attended many of these interviews and will give you the sense of confidence that is necessary.
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