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I Am a US Citizen with a Criminal Conviction, Can I Apply for a Marriage Visa for My alien Spouse?

Yes, you may apply for your alien spouse even though you have a criminal conviction

How can I prepare for the tests required for naturalization?

Knowledge of U.S. History and Government Examination

English Language Examination

Sample Sentences for Written English Testing

I am not a U.S. citizen. What exemptions can I claim?

Publication 519 (2007) Resident aliens can claim personal exemptions and exemptions for dependents in the same way as U.S. citizens. However, nonresident aliens generally can claim only a personal exemption for themselves on their U.S. tax return. There are special rules for residents of Mexico, Canada, and the Republic of Korea (South Korea); for U.S. nationals; and for students and business apprentices from India.

I Am An Alien with a Criminal Conviction Married to a US Citizen, Can I Apply For a Green Card?

Most minor traffic offenses and parking tickets do not affect an alien’s ability to complete the green card process. Aliens convicted of certain crimes may or may not be able to obtain adjustment of status, depending on the nature of the conviction. More severe crimes and felonies may affect an alien’s ability to obtain or even retain his or her green card. Violent crimes and crimes involving fraud and moral turpitude may hurt an alien’s chances of obtaining permanent residence. Since the determination depends very much on the specific nature of the charge and conviction, Aliens with a conviction should obtain the entire criminal case file from the courthouse and set an appointment with an experienced immigration attorney who will review the facts and circumstances surrounding the conviction and render an opinion.

May I take a sample test online to determine if I am ready for the Naturalization tests?

Yes, click here to perform an online self-test of U.S. History.

What exemptions can I claim as a dual-status taxpayer?

As a dual-status taxpayer, you usually will be able to claim your own personal exemption. Subject to the general rules for qualification, you can claim exemptions for your spouse and dependents when you figure taxable income for the part of the year you are a resident alien. The amount you can claim for these exemptions is limited to your taxable income (figured before subtracting exemptions) for the part of the year you are a resident alien. You cannot use exemptions (other than your own) to reduce taxable income to less than zero for that period.

I Am On J-1 Visa Married To a US Citizen, Must I get a J-1 Waiver Before Applying for a Green Card?

J-1 visa holders who are not subject to the 2 year foreign residence requirement do not need a waiver prior to seeking a change or adjustment of status. Those subject to the requirement must return to their home country to complete the 2 year foreign residency requirement or obtain a waiver of that requirement through various methods. Review our J-1 visa waiver options page.

Citizenship and Naturalization for Adopted Children

Under the Child Citizenship Act (CCA) of 2000, effective on February 27, 2001, orphans adopted by U.S. Citizens acquire citizenship automatically when the following requirements are met:

At least one parent is a U.S. citizen.
The child is under 18 years of age.
There is a full and final adoption of the child, and the child is admitted to the U.S. as a Lawful Permanent Resident.
The child is residing in the legal and physical custody of the citizen parent in the United States.

Orphans entering the U.S. under the IR-3 visa become U.S. citizens upon admission as long as they meet the above-mentioned requirements. Those meeting the requirements usually receive a certificate of citizenship within 45 days of entering.

On the other hand, orphans entering the U.S. under the IR-4 visa do not become U.S. citizens when the adoption is finalized in the United States. They will however, be Lawful Permanent Residents until then.

For more information, please see Frequently Asked Question on Child Citizenship Act

I am single with a dependent child. I was a dual-status alien in 2007. Can I claim the earned income credit on my 2007 tax return?

If you are a nonresident alien for any part of the year, you cannot claim the earned income credit.

I Attended a Marriage Green Card Interview and My Application Was Denied, What Can I Do?

Depending on the reason for the denial, there are a couple of options. Generally, most denials can be appealed to the BIA, AAO or Federal court, depending on the reasons and how the denial came about. In some instances, an alien may be able to file a motion to reopen the case and for additional evidence or documentation to be submitted in support. If the case is reopened, it may be reviewed and approved based on the existing evidence and additional evidence submitted. In many instances, the alien is able to resubmit the entire application and pay the filing fees again. Where a petition is resubmitted, the alien would ensure that the missing information that resulted in the prior denial is addressed in the new petition so that another denial does not result.

l am a nonresident alien student. Can I claim an education credit on my Form 1040NR?

If you are a nonresident alien for any part of the year, you generally cannot claim the education credits. However, if you are married and choose to file a joint return with a U.S. citizen or resident spouse, you may be eligible for these credits.

An individual who obtained a green card through marriage to a US citizen is barred from applying for a new spouse for five (5) years unless he/she can show that the previous marriage was bonafide. As such, those evaluating this option must carefully weigh the risks and additional documentation that may be required before proceeding with a petition for a new spouse during the 5-year period.

Generally, services you perform as a nonresident alien temporarily in the United States as a nonimmigrant under subparagraph (F), (J), (M), or (Q) of section 101 (a)(15) of the Immigration and Nationality Act are not covered under the social security program if you perform the services to carry out the purpose for which you were admitted to the United States.

I Am a Legal Permanent Resident (LPR), Can I File For a Marriage Visa for My Alien Spouse?

Yes. However, your alien spouse will have to wait until a visa becomes available in the Family-based 2A classification before applying for a visa abroad or seeking adjustment of status if in the US. During the waiting period, the alien spouse is not permitted to remain or work in the US unless on another valid visa

If social security or Medicare taxes were withheld in error from pay that is not subject to these taxes, contact the employer who withheld the taxes for a refund. If you are unable to get a full refund of the amount from your employer, file a claim for refund with the Internal Revenue Service on Form 843.

I Am a Legal Permanent Resident (LPR), Can I File a Fiancé K-1 Visa or The K-3 Visa for My Spouse?

No. The K-3 and K-1 visas are only available to those engaged to marry a US citizen and those already married to US citizens. LPRs cannot sponsor the K-1 or K-3 visa.

I am an alien who will be leaving the United States. What forms do I have to file before I leave?

Before leaving the United States, aliens generally must obtain a certificate of compliance. This document, also popularly known as the sailing permit or departure permit, is part of the income tax form you must file before leaving. You will receive a sailing or departure permit after filing a Form 1040-C or Form 2063.

I am A US Citizen or Permanent Resident (LPR) Married To An Undocumented Spouse, Who Entered Without Inspection, Or Has No Papers. Can Anything Be Done?

Those who entered [without inspection] are generally not eligible for adjustment of status. They are subject to the [3/10 year bar] and are thus required to return to their native country for 3 or 10 years (depending on the length of the unlawful presence) before becoming eligible to enter or stay in the US legally. There are 3 ways that affected aliens may attempt to gain permanent residency.

First, the alien may attempt to adjust his or her status through [section 245(i)] where he/she filed a green card petition or labor certification petition prior to April 30, 2001.
Second, the alien’s US citizen spouse may make an I-130 green card petition on behalf of the alien. The I-130 petition itself is not a visa and does not permit the alien to remain in the US. Upon approval however, the alien may apply for a green card at the appropriate US consulate in the alien’s native country. As part of the application, the alien may submit a request for a waiver of the [3/10 year bar]. The waiver application requires that the alien prove that absence from the US will result in extreme hardship for the alien’s US citizen spouse and/or family.

Such hardship may be based on physical and psychological illnesses in the family, financial and economic stresses, and other similar circumstances. The waiver application will typically require extensive documentation and support that show extreme hardship to the US citizen relative. Medical and psychological evaluations as well as documentation of the effect of such on the family will assist. The alien may also have to demonstrate good moral character. If the waiver application is approved, the alien will be granted permanent residency and may enter the US without the application of the 3/10 year bar. More...

The third alternative for undocumented aliens is for the alien to depart the US and wait either 3 or 10 years and apply for a green card thereafter. This requires that the alien remain outside the US with or without his or her family.

I filed a Form 1040-C when I left the United States. Do I still have to file an annual U.S. tax return?

Form 1040-C is not an annual U.S. income tax return. If an income tax return is required by law, you must file that return even though you already filed a Form 1040-C.

I Am A US Citizen Or Permanent Resident (LPR) and Filed a Marriage Green Card Visa Petition for My Spouse, How Do I Show The USCIS That Our Marriage Is Valid?

At the USCIS interview for marriage-based petitions, the USCIS officer questions both the husband and wife to make a determination whether the marriage is real. The officer also looks at the documentation submitted by the parties to determine whether the marriage seems to be real. In many instances, the USCIS officer will attempt to obtain documentation starting from the first months of marriage until the date of the interview. The USCIS officer will likely be impressed where the parties show apartment leases, bank accounts, pictures, assets and other documents dating back to the early months of marriage through the date of the interview. The more documentation that is provided, the more likely that the petition will be granted. Here is a list of documents that may be helpful in showing a joint life:

Evidence of children born to marriage (birth certificate)
Evidence of joint property (mortgage or lease contract)
Joint income tax returns (filed together)
Utility bills with both names reflecting your current address together (electric bills, water bills, phone bills)
Evidence of joint finances (joint checking account, joint loans, bank statements, letter from bank)
Evidence of joint purchases (automobiles, furniture, washer/dryer, refrigerator, etc.)
Evidence of joint insurance policies (life, health, automobile, house)
Wedding pictures / vacation pictures / holiday pictures of the husband and wife (and other family members if they were with you)
Letters and other correspondences to one another (birthday cards, holiday cards, e-mails)
Letters from family, friends, landlord, neighbors, etc, that could attest to marriage
Documents if the wife took her husband’s last name (driver’s license, ID cards, ATM card, membership cards, i.e. health club or video stores)

One should start collecting such evidence throughout the months and years of marriage.

Frequently Asked Questions