By The newspaper
06 Oct 2023, 09:19 AM EDT
The process of processing a Green Card for marriage before the Citizenship and Immigration Services (USCIS) office could become a problem, if the officers in charge of the process consider it necessary to schedule a surprise visit to the couple and check their cell phone.
Although this is an unusual process, when an application for Adjustment of Status through marriage is incomplete or, in the opinion of the USCIS officer in charge, represents “red flags”, a surprise visit by an investigator to the home can be scheduled. that the couple registered.
Attorney Ifeoma Odunlami, who operates in New Jersey, said that although this policy does not apply to all couples, it is possible that it occurs, so that USCIS officers confirm that that couple lives in the same residence, they may even ask to review the photos of the cell phone.
“The investigator asks to review the photograph archive to confirm that the couple really lives as husband and wife,” said lawyer Odunlami in a video posted on Instagram. “So if you are married and submitting a Green Card application based on marriage, you better be ready for that review.”
USCIS determines to send an investigator considering the comprehensive Green Card application, for example, if it includes proof of work, assets, bank accounts or financial support.
This is part of USCIS protocol to detect possible cases of fraud.
Lawyers have insisted that the review of immigration petitions should be considered on a “case by case” basis, but there are basic requirements that must be met and are specified in Form I-485 or Application to Register Permanent Residence or Adjust Status.
Among the requirements, for example, it is suggested to include printed photographs of the couple, since this helps demonstrate how long they have been together.
The USCIS decision on a Green Card can be conditioned for two years, after which the beneficiary immigrant must complete an additional procedure to remove the conditions.
Experts suggest immigrants seek legal advice for immigration procedures, in order to avoid surprises in questions or failure to send information.
If an immigrant is denied a Green Card due to marriage, they will receive a Notice to Appear (NTA) before a court, because they would enter deportation proceedings.
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