Sunday, June 19, 2011

Born in the USA (Sort of) IV

OK - we discussed last time the issues of getting married.  As discussed, when a person marries an American citizen, they are entitled to a Green Card.  However, getting a Green Card does not occur automatically.   The applicant (petitioner) still needs to go through the Immigration process and apply for a Green Card.  This is where the interview, mentioned last time, will occur.

    If the petitioner receives a Green Card, however, it does not stop there.  Marriages to a U.S. citizen will allow the Petitioner to receive a Conditional Green Card.  This Conditional Green Card (CGC) is good for two years.  Shortly before this two year period expires, the petitioner must apply to have the condition removed and receive an actual Green Card, which is good for 10 years.

    Once again, please note that this is not intended to be attorney advice nor should it be taken as such.  A person seeking such information should consult with a reputable Immigration attorney.

     Once the person files for removal of the condition and the receipt of an "actual" Green Card, the petitioner will have to supply documentation to the United States Citizenship and Immigration Service (USCIS) to demonstrate that the person is still married.  If they are married, the USCIS might demand an interview.

   However, if the Petitioner is divorced, then the USCIS has the right to demand information from the Petitioner outlining the marriage, the dissolution of the marriage and other factors that the USCIS may deem important in its decision as to whether to allow the Petitioner to remove the Condition on the Green Card and receive an actual Green Card.

   These measures were enacted by the USCIS in its efforts to combat marriage fraud and sham marriages for Green Cards.  Remember from an earlier post - sham marriages are actually a criminal offense and not just an Immigration violation.

   Prosecutions do occur for this crime: http://www.examiner.com/crime-in-chicago/feds-announce-charges-sham-marriage-immigration-scheme

   Next post, we will move on to other issues in Immigration Fraud,

www.tauskvega.com

As always, have a great and fraud-free day.


----------------->>>>>>>>>>>>>>>>>>gene tausk

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