US Marriage & Fiancee Visa Immigration Attorneys

A "green card" is an outdated term which refers to a plastic ID card held by a foreigner that is about the size of a credit card. Green cards are no longer green; they are now more tan in color. A green card proves the foreigner is a lawful permanent resident of the U.S. A foreigner carries a green card in his or her wallet as form of immigration ID.
Click here to see what a green card looks like.    
 

A green card is not the same as U.S. citizenship. You cannot use a green card to obtain a U.S. Passport, for example. You must be a U.S. citizen in order to obtain a U.S. passport for travel abroad. Foreigners who have green cards must keep their foreign passports since a green card holder is not yet a U.S. citizen.

When a green card holder travels outside the U.S., she will use her foreign passport for travel. She will also show the green card to get back into the United States. The green card allows permission to enter the U.S. It is a travel document.

The green card also allows the foreigner to work in the United States at any job for any employer.
 

Yes, green cards can be taken away even after they are issued. Here are the main reasons why a green card can be taken away:

The green card was created to allow foreigners to become accustomed to life in the United States before the foreigner is allowed to obtain U.S. citizenship. This means the foreigner must spend most of his or her time in the U.S. in order to keep the green card. If too much time is spent outside the U.S. then the green card can be taken away by a border patrol agent when trying to enter the U.S. after travel abroad. Immigration services tracks the movements of all of us in and out of the U.S. If in the course of a year the foreigner has spent more than six months in total outside the U.S. it is possible a border agent will stop and question the foreigner to verify primary residence. Often, foreigners who tend to spend a great deal of time overseas for quite a long time will suddenly be stopped and questioned by a U.S. border agent. When this happens the green card can be taken away. In other cases, the border agent will issue a warning to the foreigner to stay in the U.S. or the green card will be taken away.

If the foreigner leaves the United States and does not come back for more than one year then border agents are required by law to confiscate the green card and block entry back to the U.S. If that happens, the foreigner must make an appointment with a U.S. Consulate to try and argue for reinstatement of the green card. Typically, the U.S. Consulate will not revalidate the green card and the foreigner is stuck. If a foreigner wants to spend more than one year abroad, then it is necessary and important to notify immigration services in advance and apply for permission to reenter the U.S.
 

If you have a foreign fiancee who resides outside the U.S. then the foreigner will likely need to obtain a K1 fiancee visa to enter the U.S. and then apply for a green card based on marriage to a U.S. citizen.

If you first marry abroad, then you must apply for either a K3 spousal visa or a traditional immigrant spousal visa to enter the U.S. and obtain a green card.

If you want to know whether it makes sense from an immigration standpoint to marry abroad or not, then Contact Us and let us know your situation and your desires. Each case is different, so give us some brief information about you.

If your fiancee or spouse is already in the United States then what can be done depends on the type of visa the foreigner had when entering the U.S. Each entry visa to the U.S. is for a particular purpose. In most circumstances, entry on one type of visa, such as a visitor's visa, does not give the foreigner the right to stay in the U.S. and become a lawful permanent resident green card holder. We would need to know the most recent date of arrival, the type of visa, and the required date of departure. It would also help to know your desired plans.

Please visit the remainder of our website to learn more about requirements, child issues, and so forth. Otherwise, you can simply Contact Us.
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Illegal Entry:

If your fiance or spouse entered the United States illegally, there is nothing under current law that can be done to make the foreigner legal, except under very limited circumstances. In most cases, we would need to return the foreigner out of the U.S. and reimmigrate back into the U.S. through a U.S. Consulate abroad, but only if it is safe to do so.

If the foreigner has been in the U.S. unlawfully for more than 6 months after his or her 18th birthday then when departing the U.S. the foreigner will be barred from returning for a period of time. An exception would be where the foreigner entered the U.S. prior to April 2001. It can be possible to set aside the bar on form I-601 based on unlawful presence.

Deportations:

If the foreigner has been deported from the U.S. or is under deportation proceedings, there will likely be some sort of bar from returning to the U.S. in most cases. A court ordered bar based on deportation is one possibility. However, often times a court will allow for voluntary departure knowing there are other bars which will prevent the foreigner from returning to the U.S. Deportation bars can sometimes be set aside and the foreigner returned to the U.S.

Multiple Entries:

Crimes:

In most cases where the foreigner has committed a crime and is convicted he is barred from the U.S. In limited circumstances it is possible to set aside a bar based on crimes.

Often, a foreigner will have multiple bars from the U.S. Quite often for good reason foreigners do not want to depart the U.S. and pursue a bar waiver for fear of not coming back. The concern is real and should not be taken lightly. Our firm handles a wide variety of bar waivers and should be in a position to give confidential advice. You would need to Contact Us so we can first understand your situation and then advise properly. When contacting us, please explain your situation as clearly as possible. All our communications through this office are treated confidentially.

Note: On average, about 65% of all I-601 bar waiver petitions are denied. When faced with a bar you should not proceed on your own. It is in your best interest to seek advice from an experienced, licensed attorney. It is a mistake to contact us after a denial since your chances at that point are minimal. Check first before taking steps!