Resources on Spousal Petitions

You may search for resources either by title or by month and year.

Last updated on

Section 204(c) of the Immigration and Nationality Act bars a petition from being approved where the petition beneficiary previously participated in a fraudulent marriage. This significant penalty applies even if the individual never actually received an immigration benefit through the fraudulent marriage. But what if an I-130 filed by your client’s previous spouse was denied due to insufficient evidence? When your client now seeks to immigrate through an I-130 filed by a new U.S. citizen spouse, can USCIS re-examine the first marriage and now determine it was fraudulent?

Last updated on

U.S. Citizenship and Immigration Services (USCIS) recently amended its Policy Manual to confirm that conditional resident status “terminates” when the agency issues a formal notice to that effect. This resource offers needed clarifications on the change.

Last updated on

CLINIC has submitted comments in response to the U.S. Citizenship and Immigration Services’ proposed changes to Form I-751, Petition to Remove Conditions on Residence.

Last updated on

The USCIS issued a memo recently that gives nationwide application to a court decision regarding widow(er) benefits.  Under current law, when a U.S. citizen spouse dies, the surviving spouse can self-petition for permanent resident status.  See INA § INA 201(b)(2)(A)(i). The limitations are that the widow(er) must file the Form I-360 petition within two years of the U.S. citizen spouse’s death and the widow(er) must not have re-married.