I’m a U.S. citizen, which of my relatives can obtain a green card?

I’m a U.S. citizen, which of my relatives can obtain a green card?

As a U.S. citizen, your “Immediate Relatives” and certain other relatives may obtain a green card. For immigration purposes, the term “Immediate Relative” means only the following people: your spouse, your unmarried son or daughter under 21 years of age, and your parents if you are 21 years of age or older.

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I have not seen my fiancée in 2 years. Can I apply for a K-1 fiancée visa?

I have not seen my fiancée in 2 years. Can I apply for a K-1 fiancée visa?

One of the benefits of being a U.S. citizen is that you can submit a K-1 visa to allow your foreign fiancé(e) to travel to the U.S. However, to qualify for a K-1 fiancé(e) visa, you and your fiancé(e) must have met in person in the two years prior to filing the K-1 visa application. If Covid-19 has prevented you from meeting your fiancé(e) in the past two years, you may be ineligible to apply for a K-1 visa.

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Can I apply for a VAWA green card if I do not live with my abuser?

Can I apply for a VAWA green card if I do not live with my abuser?

To apply for a green card on the basis of suffering battery or extreme cruelty, you must submit evidence to show that you lived with your abusive spouse. However you do not have to be living with your abusive spouse at the time you file your VAWA green card application. You can wait until you are living separately to file your VAWA application.

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What can I do if I lose my certificate of naturalization?

What can I do if I lose my certificate of naturalization?

If you do not have a U.S. passport or certificate of naturalization, you will have to submit Form N-565 to apply to replace your certificate of naturalization. In the meantime, if you have a copy of your original certificate, you can provide that to your new employer along with proof of filing Form N-565 or receipt notice so they know that the request for a replacement is in process. 

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Can I apply for a B1/B2 visitor visa while my I-130 application is pending?

Can I apply for a B1/B2 visitor visa while my I-130 application is pending?

There is a risk that the U.S. Consulate will deny your application for a visitor visa. A B2 tourist visa is a nonimmigrant visa. By submitting Form I-130, you are applying for an immigrant visa. If the U.S. consulate believes that you are applying for a B2 visitor visa for the purpose of immigrating to the U.S., the consulate will deny your application for a tourist visa. Applying for a tourist visa will not affect your application for an immigrant visa.

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I am applying for VAWA in the U.S. as the spouse of a U.S. citizen. Do I have to go to an interview?

I am applying for VAWA in the U.S. as the spouse of a U.S. citizen. Do I have to go to an interview?

There is no interview required for Form I-360, but there is an interview required for your Form I-485 Application to Adjust Status. At the interview, the USCIS officer will ask you questions to confirm whether you are eligible to receive a green card, but the officer usually will not ask questions about the abuse you suffered. Therefore, it is important to submit as much evidence as possible to prove you suffered abuse, including a thorough written statement. 

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Can I apply for VAWA if I get a divorce?

Can I apply for VAWA if I get a divorce?

Yes. You can file a Form I-360 VAWA petition if the marriage was terminated within two years prior to the date you filed Form I-360. You must also demonstrate a connection between the termination of the marriage and the battery or extreme cruelty you suffered.

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What should I write in my VAWA personal statement?

What should I write in my VAWA personal statement?

First, you should provide sufficient information for USCIS to determine that you entered into your marriage with your spouse in good faith. Next, you must describe the battery or extreme cruelty you suffered. Finally, you should describe how you are a person of good moral character.

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How do I respond to a Request for Evidence?

How do I respond to a Request for Evidence?

If your immigration application is missing important information or documents, USCIS will not immediately deny your application. Instead, USCIS will first mail you a Request for Evidence (RFE). The purpose of the RFE is to notify you of the defect in your application and give you an opportunity to correct the problem. If you timely respond to the RFE and provide all the information or documents that USCIS requests, USCIS will continue to process your application. If you do not, then USCIS can deny your application.

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I have a disability; do I still have to take the English and Civics tests for naturalization?

I have a disability; do I still have to take the English and Civics tests for naturalization?

If you can satisfy the English and civics requirements for naturalization with reasonable accommodations, then yes, you still have to take both tests. USCIS will make every effort to make reasonable accommodations for applicants with disabilities. 

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