By Reuben Seguritan Is it still possible for the beneficiary to get a green card even if the petitioner dies? Before Section 204(l) of the Immigration and Nationality Act was enacted by Congress, the death of the petitioner automatically revoked the petition save for two instances. One was when the beneficiary was the widow or widower of a US citizen who might benefit as the surviving spouse only if they were married for at least two years or the so-called “Widow Penalty” and two, through reinstatement of an approved I-130 petition on humanitarian grounds. With Section 204(l), those eligible f ..read more

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By Reuben Seguritan Many foreign nationals become lawful permanent residents by applying for an immigrant visa at the provisional unlawful presence waiver is available to the spouse, parents, and children of U.S. citizens who are ineligible to adjust status in the U.S. These include individuals who entered the U.S. as crewmen or without inspection, and those who entered the U.S. on a K-1 fiancé(e) visa but did not marry the U.S. citizen who petitioned them. To be eligible, inadmissibility must be solely based on having accrued unlawful presence in the U.S. Prior rules required the applicant to ..read more

By Reuben Seguritan Many foreign nationals become lawful permanent residents by applying for an immigrant visa at a U.S. consulate abroad. This pathway to a green card is called “consular processing” and it requires a personal interview with a consular officer before the applicant can obtain an immigrant visa. Consular processing is available in both family-based and employment-based immigration cases. Generally, petitioners filing I-130 and I-140 petitions will choose whether visa processing will take place in the United States through what is called adjustment of status, or at a U.S. consula ..read more

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