Immigration Law blog

Becoming a U.S. citizen is the goal for many lawful permanent residents (LPRs), but understanding how your lawful permanent residence citizenship status affects your journey is essential for a successful naturalization process. Lawful permanent residence citizenship provides the foundational status that allows you to live and work in the U.S. indefinitely and is a key requirement for naturalization. This blog explores how LPR status impacts your eligibility and timeline for citizenship application and what steps to take to prepare for naturalization. What is Lawful Permanent Residence? Lawful Permanent Residence, also known as having a "green card," allows noncitizens to reside…Read More

Becoming a U.S. citizen is complex, and immigration court proceedings can present a significant obstacle for applicants seeking citizenship. Understanding the relationship between these proceedings and citizenship eligibility is essential for anyone navigating immigration. This blog explains how immigration court and deportation proceedings affect citizenship eligibility and outlines options for those facing challenges. Removal Proceedings and Naturalization Eligibility Removal proceedings are initiated when an immigrant may be subject to deportation from the United States. Applicants in removal proceedings face severe limitations when it comes to applying for naturalization: No Naturalization During Removal Proceedings: USCIS does not have the authority to…Read More

For many immigrants, becoming a Lawful Permanent Resident (LPR) is crucial to achieving U.S. citizenship. However, being found inadmissible when adjusting status or admission as an LPR can jeopardize your ability to naturalize. In this blog, we explore the impact of inadmissibility on naturalization eligibility and why it's critical to address these issues early in the immigration process. Unlawful Admission or Adjustment of Status During naturalization, USCIS officers examine the applicant's initial admission as a lawful permanent resident (LPR) or their adjustment of status. If officers find that the applicant was inadmissible at the time of admission or adjustment, they…Read More

The journey to becoming a Lawful Permanent Resident (LPR) requires navigating complex visa requirements. Becoming a U.S. citizen also involves meeting specific eligibility conditions. One such pathway is through the K-1 fiancé(e) visa, which allows a U.S. citizen's fiancé(e) to enter the United States with the intent to marry. However, not meeting the requirements of the K-1 visa or having an issue with the underlying basis of admission can impact eligibility for naturalization. This blog will explore how these requirements can affect your path to U.S. citizenship. Understanding the Underlying Basis of Admission (Immigrant Visa Eligibility or LPR Status Requirements)…Read More

Becoming a Lawful Permanent Resident (LPR) is a key step toward U.S. citizenship for many immigrants. However, if you obtained LPR status through fraud or misrepresentation, USCIS may deny your naturalization application, with serious consequences. This blog explains the types of fraud and misrepresentation that affect naturalization eligibility and what you need to know to safeguard your status. Fraud and Willful Misrepresentation in Obtaining Green Card Status A person cannot lawfully gain permanent residence if they obtained LPR status through fraud or misrepresentation of material facts. If a person uses deception to obtain their green card, they are not eligible…Read More

Many immigrants seek to become Lawful Permanent Residents (LPR) through adjustment of status and eventually apply for U.S. citizenship. However, adjustment of status ineligibility and naturalization eligibility issues can arise, preventing a successful outcome. This blog explains the situations that can lead to ineligibility and how they can impact applicants. Ineligibility for Adjustment of Status To adjust status and become an LPR, individuals must meet specific requirements to avoid issues with adjustment ineligibility and naturalization. USCIS considers an applicant not lawfully admitted for permanent residence if they were ineligible when granted. This also makes them ineligible for naturalization. Examples include:…Read More

Regarding U.S. immigration, two concepts that can lead to the loss of Lawful Permanent Resident (LPR) status are Green Card Rescission vs. Revocation. Though they may seem similar, they have distinct differences in terms of process, scope, and impact. Understanding these differences is crucial for anyone on the path to U.S. citizenship or those holding a green card. Let's take a closer look. Rescission of Green Card Status Officials may rescind an individual's LPR status if they find the adjustment of status was granted in error. This process typically affects individuals who adjusted their status within the U.S., moving from…Read More

Adjusting status to Lawful Permanent Resident (LPR) is a major milestone for U.S. immigrants and often begins their journey toward citizenship. If someone was ineligible at the time of adjustment, their LPR status can be rescinded, affecting future applications like naturalization. What Is Rescission of Green Card Status? The U.S. government rescinds LPR status by revoking a green card if it determines that the adjustment was granted in error This can happen if the applicant was ineligible at the time due to misrepresentation, unmet conditions, or other ineligibility under immigration law. Naturalization Denial due to Green Card Rescission) If an…Read More

If you're a spouse or child of someone classified as a conditional resident, extended absences from the U.S. can raise concerns about whether you can join them through the derivative beneficiaries visa process. The good news is that many dependents, referred to as derivative beneficiaries, are still eligible to apply for visas to follow or join their family members in the United States. Even if the principal visa holder was never actually issued a visa for the status they have obtained, their dependents may still qualify. Understanding how this process works is key to ensuring families can remain together during…Read More

If you are a US green card holder living abroad, understanding tax treaties can reduce your tax burden. Tax treaties help simplify the process of avoiding double taxation. The United States taxes residents on worldwide income. This means green card holders must report their income to the IRS, no matter where they live. However, tax treaties between the United States and other countries prevent double taxation. They allow green card holders to reduce their tax obligations while living outside the US. What Are Tax Treaties?  Tax treaties are agreements between two countries that determine how residents of one country are…Read More