A foreigner who enters into a fake marriage commits a crime. If convicted, the crime is a basis for removal from the U.S. In Ashraf v. Lynch (PDF), (8th Circuit 4/22/16), Ashraf was charged with removability under 8 U.S.C. § 1227(a)(2)(A)(i) as an alien who has been convicted of a crime involving moral turpitude committed […]
Unable to Satisfy the In-Person Meeting Requirement for Fiance or Spouse Visa Processing
I often receive phone calls from US citizens, unable to travel outside the US in order to fulfill the in-person meeting requirement for Fiance or Spouse Visa processing. Meeting in person is generally required for either a fiance or spouse visa unless there is good cause to waive the requirement. Skyping or other forms of […]
Same Sex Marriage Issues in U.S. Immigration: When is a Marriage Valid?
With the passage of DOMA, I’ve had the chance to speak with quite a number of same sex couples who are disoriented when it comes to figuring out immigration processing. There is the excitement of finally having validation and official sanction of the relationship, but then the realization in many cases that the immigration process […]
Marrying in the U.S. and Living Abroad
If my fiance and I want to marry in the U.S. and plan to live in Great Britain for the next couple of years, do we still apply for the K1 fiancé visa? What happens after we are married? Question If my fiance and I want to marry in the U.S. and plan to live […]
Same Sex Couples, Immigration Update
There have been quite a few changes recently that have a positive impact on the immigration consequences for same-sex couples. A couple of years ago, the Defense of Marriage Act (“DOMA”) was passed by Congress, but more recently the Obama Administration and the Courts have undermined many of its principles. Unlike some States, the Federal […]
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