Thursday, November 5, 2009

I need immigration attorney to be present for a green card my interview?

Some couples believe that with the immigration lawyer to present their green card interview will be an advantage, but in reality a lawyer, unfortunately can not answer any questions you or your wife. You will be on the green card interview.

If you think that trying to explain something that can be included in your application is in conflict with one of his answers to the questions in the interview, you should expect your lawyer to jump and throw your life line. Interviews officer wants to talk, not a lawyer, because this interview is to ensure that you and your wife the truth about his marriage. What your attorney should say in his defense would be useless to help the USCIS officer to decide how honest you and your wife are the answers to his questions.

Immigration lawyer can be a great help in the months prior to interviews with all the procedural steps that must take just to get to the interview, but the green card interview is conducted in the courtroom, the judge and jury. The lawyer could not stand up and speak for you, or involve interviewing officer with questions or arguments. Perry Mason will not be able to protect you if the person starts to USCIS issues, intense and gives you the defensive.

So it is also necessary to have an immigration lawyer with you for an interview? Normally, if you are already registered Immigration Service lawyer to help you navigate through the initial steps in the application process, it is likely that your lawyer will be there with you as part of the service you have paid. And just to have a lawyer there with you and your partner can be a great comfort, even if he or she can not speak for you during the interview. At least you can feel a certain degree of moral support in the event that the hearing will be something bigger than you expected.

And if your green card interview goes horribly wrong and you are denied green cards because the interview officer suspects that your marriage can not be entirely legitimate, then you have immigration attorney to appeal the decision. In this case, it is nice to know that your representative be present at the initial interview and knows exactly what happened, so it will already be up to speed when they complain about the decision and to start extricating the legal chaos you can find yourself in an interview after a poor performance.

On the other hand, so if you and your husband have already implemented all at this point, without a lawyer, there is no obligation or necessity, the need to go out and get one before the interview. Although it may be comforting that the lawyer who sees the interview, so that at least a sense of moral support, you will on your own anyway. And besides, if you have so far without help from an immigration lawyer, why go out and get it now. Already been through most of the process on their own at this time and is still just talk. This is part of a process where only you and your man will be questioned, not a lawyer.

To get a green card through a family

If someone just starting the process of trying to figure out what steps to take to get a green card that way forward may seem simple, but nothing. Trying to make sense of all papers and documents needed to apply for a green card, you can try your patience.

One of the first thoughts that come to mind will have a green card applicants to consider using the link to a family to use. In the event that a family member or a citizen legally residing in the U.S. who may be able to provide a way to get a green card.

Relative need to bring an immigrant visa petition, otherwise known as I-130 Petition for Alien Relative. Relative should include, of course, proves that he or she actually is your relative.

Once the application is filed, the U.S. State Department will decide whether a visa number available to you or not. If there is, so you can apply for one assigned to you. After this you can see on the state Board of visas that the U.S. Department Visa Bulletin said on its website.

So what happens when your number is available? Well, it depends on where you are at the moment. If you already have in the U.S., you are eligible to apply for such number of filing Form I-485 application to register permanent residence or adjust status. If you are outside the U.S., you have to go to the U.S. consulate in your country, your application is processed.

Relative who has decided to sponsor, you must also prove he or she is financially able to support you. This does not mean that the relative must be independently wealthy and rich, far from it. Sponsor a relative would only need to show that he or she is at least 125% of the recognized poverty line, which has been requested. Such information would have been all on the form I-485 affidavit of support.

So you can ask for his third cousin of the man to propose to you? Unfortunately not, because there are some very strict limitations on which it is possible to get relatives to sponsor you, so you can become a lawful permanent residence. It also depends on the immigration status of the sponsoring relative.

If you sponsor a relative in the United States citizen, he or she may petition if you are that the applicant is:

A) A husband or wife

B) for children

C), brother or sister if you are at least 21 years

D) Parent, again, if you are at least 21 years old

But, is that if you sponsor a relative of U.S. citizens but legal permanent residency in the U.S. can petition for relatives:

A) A husband or wife

B) Free son or daughter (any age)

And like most other government programs that preference in order to facilitate the process of deciding who gets a green card and who is not.

Immediate relatives of U.S. citizens (parents, spouses and unmarried children under 21 years), go to the front line. They are also exempted from the need to wait for visa number, which should be after a visa petition filed and approved. As an immediate relative, it will automatically assign visa number while the visa petition is approved.

All other relatives outside the preferred category will wait for the appropriate visa number is available. And in the non-preferred category, there is another set of preferences that determine the priorities for their petition. Four preferences are as follows:

Preference # 1

Adult children (over 21) American citizens who are free

Preference # 2

Applicants unmarried non-adults (under 21) children and unmarried children of lawful permanent residents.

Preference # 3

Married children of U. S. Citizens

Preference # 4

Brothers and sisters of adults (over 21) people in the U.S.

Even a quick examination of the list of preferences is clear that the fastest way to the American green card is through marriage to a U.S. citizen. For this reason that a seemingly simple way to get a green card, it is quite clear to all potential immigrants, he must have a fair share of those who seek to exploit this process to their advantage.
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