The Law Offices of Elsa Ayoub, P.L.L.C.

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Fraudulent marriage findings and subsequent visa petitions

If a person in New York submits a green card application and visa petition for a spouse on the basis of marriage and that person has been denied a marriage petition in the past because of a fraudulent marriage, the new petition can be denied as well. However, there could be extenuating circumstances that might allow the new petition to be granted.

Family detention policy blocked in court

A federal judge has blocked a rule promulgated by the Trump administration, one of a series of restrictive immigration initiatives that have encountered legal challenges. The rule would have allowed families coming to New York or to other parts of the United States to be detained indefinitely while their cases were processed. The ruling said that the policy did not comply with a settlement that has been on the books for decades, regulating the way that foreign national children are treated while in the custody of immigration officials.

How to bring a future spouse into the country

New York residents who are planning on marrying a foreign national may be able to legally bring them to the United States. This is done by filing Form I-129F and obtaining the K-1 nonimmigrant visa. To qualify for this visa, an individual must plan on marrying the partner within 90 days, and the marriage must be seen as a legitimate attempt by two people to start a life together.

Immigration requirements for family members

It is not uncommon for people in New York to have questions about immigration eligibility categories. Many who are already citizens or permanent residents have family members who need sponsors, and people who are seeking permanent residency may have family members who are able to sponsor them. In order to sponsor a relative's immigration into the country, a person must first be a permanent resident or a citizen and be able to support the relative at 125 percent of the poverty line.

Delays may hinder spousal immigration applications

Family immigration is one of the most popular means for foreign citizens to legally live in New York or another part of the United States. When an American marries a foreign national, both spouses often hope to live together as quickly as possible. However, spouses may face serious delays when dealing with the immigration system. A congressional hearing on immigration delays and processing times identified spousal sponsorships as a particular area of concern needing action. The U.S. Citizenship and Immigration Service, or USCIS, publishes average processing times, but these may obscure the lengthy delays that can accompany the process.

Trump administration proposes points-based immigration system

Foreign nationals in New York who have been waiting years for a family- or employment-based green card could be sent to the back of the line or made ineligible altogether under a proposed Trump administration policy. The new policy, which must be rewritten into legislative language and approved by Congress, would eliminate the current backlog for green cards and force everyone to reapply under a new points-based systems.

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