Fiancee Visa Case with a Large Age Difference

July 23, 2013 in Attorney Blog

Over my more than 11 years of practicing fiance visa law I have often been asked by clients and potential clients whether an age difference between the petitioner and beneficiary will prevent the issuance of the fiance visa. I can confidently state that while a substantial age difference can be a negative factor, it is possible to overcome that factor and obtain the visa even when the age difference is in excess of 40 years. To overcome an age difference issue, it is important to emphasize other factors that the petitioner and beneficiary have in common such as language, religion, values, life outlook, future family plans, hobbies, etc. For example, it is possible that a 55 year old man wants to marry a 25 year old woman because they both want children together. Sometimes a couple can share a very strong religious faith. A large age difference can be overcome and the fiancee visa can be obtained.

Fiance Visa Petition by an Incarcerated Petitioner

July 23, 2013 in Attorney Blog

I recently obtained a fiance visa for a couple in which the American citizen petitioner was incarcerated in a state prison. The fact that the American petitioner was in jail added a significant layer of complexity to the case. For example, the petitioner required permission from the prison to have his passport sized photos taken. Additionally, the prison social worker was very concerned that the American petitioner was somehow taking advantage of the foreign fiancee – it was like IMBRA on steroids. The social worker tried to question me, but of course I invoked attorney – client privilege and declined to answer her questions. I was very persistent in advancing this case over the objections of the prison and ultimately the fiance visa was issued. I was delighted because I believed that this couple was very much in love. People call me up all the time and tell me that they have a tough case. I can assure them that most fiance visa cases are easy compared to the actually tough cases I have handled. We specialize in tough cases but we are delighted to work on easy cases too.

I-601 Waiver Available to Fiancees of U.S. Citizens

July 15, 2013 in Attorney Blog

If you are a U.S. citizen engaged to a foreign citizen who has been deemed ineligible for admission to the U.S. under INA 212(a) you need not give up hope of obtaining a visa for your fiancee. The State Department foreign affairs manual now prescribes that fiancees are eligible to file for an I-601 waiver. Specifically 9 FAM 41.81 N9.3(a) states: “If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a), but that the ineligibility could be waived after (or as a result of the) marriage to the petitioner, the consular officer should instruct the applicant to file Form I-601, Application for Waiver of Grounds of Inadmissibility, with USCIS per USCIS instructions.” To obtain an I-601 waiver the applicant would still have to show that their inadmissability to the U.S. would cause “extreme hardship” to their U.S. citizen fiancé. The major factors the USCIS considers are: 1. HEALTH – A physical or mental condition that you need continued treatment for. 2. FINANCIAL – Future employability and financial losses if the waiver of inadmissibility is not approved. 3. PERSONAL – Hardships that your close relatives will suffer if the waiver of inadmissibility is not approved. 4. EDUCATION – If you cannot continue with your education goals and the impact it would have on your earnings. 5. SPECIAL FACTORS – Cultural, language, religious, and ethnic issues. The above list are only some of the hardships that can be aggregated to show “extreme hardship”. Proving
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Three Times Is The Charm

July 15, 2013 in Attorney Blog

I recently obtained approval for a fiancee visa client who did 2 prior cases with me. We obtained the IMBRA waiver by filing a detailed explanation of why my client deserved to have this most recent case approved. Specifically we outlined that my client is an honest man who filed the two previous cases in good faith. I enjoyed working on this case because I really like my clients and I enjoy working with them. This particular client first contacted me about 5 years ago and it has been a pleasure to keep in contact with him over the years. I am overjoyed that my client has found true love after a couple of failed romances. IMBRA waiver cases can be difficult. Have considerable experience with these waivers. Please call me at 952-544-6804 for an evaluation of whether you are eligible for an IMBRA waiver.

The Virtue of Speed

July 15, 2013 in Attorney Blog

I recently had my website redesigned by an excellent web designer. The site looks good, but the thing I liked best about my designer is that he was really fast. Whenever I asked him to do something extra or make a change he did it by the next day. I have worked with other web companies and been the victim of their slowness. It is very frustrating to wait for a professional to get your work done. As a fiancee visa attorney I try very hard to be fast at getting my clients’ cases prepared and submitted. I understand that every day of delay means an extra day until the fiancee visa is issued. I try to make sure there is not even one day of delay. The USCIS processes cases slowly and therefore it is important to get the case submitted as quickly as possible to get the approval process started. It was interesting for me to see for myself how much I appreciated speed. Going forward, I will try to prepare my clients’ cases even faster.

Attorney Deborah Weber’s Review of the Board of Immigration Appeals Decision in Matter of Eugene Reagan OTIENDE, Beneficiary of a visa petition filed by Todd Corley Dunn, Petitioner

July 5, 2013 in Attorney Blog

This case involves an American citizen petitioner who filed an immediate relative petition on behalf of his alien step-child. The issue in this case is whether the USCIS can apply INA Section 204(c) to deny a step-parent petition on behalf of a step-child beneficiary. In this case the petitioner filed visa petitions on behalf of the beneficiary’s mother as his wife and the beneficiary as his step-son. The USCIS determined that the beneficiary’s mother was ineligible to obtain the visa under INA 204(c) due to a previous immigration violation. The USCIS then determined that if the mother was ineligible for a visa that the stepson beneficiary was also ineligible. This USCIS determination was a leap of logic too far. The BIA overruled the USCIS and found that the mother’s ineligibility did not render the step-child ineligible for an immigrant visa. The BIA ordered that the case be remanded to determine whether a valid step-child relationship exists between the petitioner and beneficiary. This decision has a biblical lesson to it in that the BIA essentially held that the sins of the parent shall not be visited upon the child. The mother’s immigration violation does not prevent the child from obtaining a visa.

Fiance Visa Myths – Reflections of a Fiancee Visa Attorney

May 31, 2013 in Attorney Blog

As I enter my eleventh year of practicing fiancee visa law I share some observations with prospective and current clients about bringing a fiance to the USA. #1 MOST FIANCEE VISA RELATIONSHIPS ARE LEGITIMATE There is a common misconception that marrying a foreign woman is somehow unseemly or less real than marrying an American woman. We have all heard the term “mail order bride” which would describe a situation in which the American man has not met his foreign fiancee but rather has picked her picture out of a catalogue and ordered her to be delivered. Immigration law does not in fact allow for “mail order brides.” A chief requirement of the fiancee visa is that the American petitioner and foreign beneficiary have met in person within the two years prior to the filing of the fiancee visa petition. Opponents of the fiancee visa who speak of mail order brides are only revealing their ignorance of the law and procedure of the fiancee visa. In my experience the relationships between foreign woman and American men are every bit as real as any relationships involving American men and American women. Furthermore, the divorce rate among my clients is negligible as compared to the typical American divorce rate. I am in contact with many of my early clients and I know that they are happy with their marriages. My clients, both the men and the women, tend to be loving and sincere. Contrary to myths about the fiancee visa the men are
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