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Getting a Waiver of the Requirements to File a Joint Petition

If you are unable to file a joint petition with your U.S. spouse to remove the condition of your residency after getting your green card through adjustment; either because of divorce or because he or she died or refuses to cooperate, you must then file for a waiver of the requirement to file the joint petition. This waiver will be granted in only three circumstances:  You entered into a good faith marriage but the marriage is legally terminated (death or divorce)  Your deportation will cause you extreme hardship and the marriage was originally entered into in good faith, or  You...

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The N-336 and the dreaded marriage fraud allegation

This blog is written for those who obtained their permanent green card after the conditional period and then filed for divorce. Every month our law firm gets the following fact pattern from our potential clients: I was going in for my Naturalization interview and after passing my test the interviewing officer started asking me about my prior marriage. I did not know why they started asking detailed questions about my ex-spouse and the day I separated from them. The officer asked detailed questions about my divorce and whether we had any children or assets together. After the interview I was told...

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I-601A Provisional Waiver

The absolute number one question I receive as an immigration attorney from my Mexican clientele is: “I am a U.S. Citizen but my spouse came here illegally several years ago. How do I get them legal?” The answer always was: you can apply for the family member now but they would have to go back to Ciudad Juarez, file a hardship waiver, and then wait for approximately six to eight months for approval. However, if that hardship waiver is denied in Mexico, then the family member is stuck there and cannot sneak back or they will face a permanent bar. Usually this quick...

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Preference Relatives defined

For immigrants that live outside of the United States, if you have a close family member in the United States, they may, if they are willing, be able to help you immigrate. The most important aspect to consider is what relation they are to you. The closer the relation, the more rights you have under immigration laws. You may qualify for a green card through relatives if you fall into one of the following categories: Immediate relative of a U.S. citizen Preference relative of a U.S. citizen or green card holder   You may qualify for a green card through relatives if you...

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Top Ten Myths Stated In Timeshare Presentations:

In the last eight years, we have assisted a wide variety of clientele get out of their timeshare contracts. Although our clients’ timeshare presentation stories differ, the myths and over-reaching assurances are always the same. Here are the top ten statements made at timeshare presentations (and my responses) we hear at our law firm during our initial consultations: 10.   “The maintence fees generally stay the same and rarely go up.” -In my legal practice I have never seen maintence fees go down. They without fail always go up even if you’ve owned the timeshare for several years. 9.   “Booking your room...

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Don’t Be Afraid Of Timeshare Companies Collection Threats

Lots of times I get calls from potential clients after they receive an intimidating collection letter from their timeshare company. Usually our clients stop making payments after they get fed up with the increasing maintence fee and extreme difficulty in booking a date. (You would think after paying thousands of dollars for the timeshare, booking a date would be a bit easier.) Unfortunately, when the payments stop, the collection letters start pouring in. Legally speaking, most of the collection letters are correct in that you may be on the hook for damages for breaching your timeshare contract. (Remember, the 30 page...

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