Tag: family
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PROXY MARRIAGE
9 FAM 102.8-1(D) PROXY MARRIAGES (CT:VISA-1774; 05-24-2023) A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated. (1) Consummated: For the purpose of issuing a visa to a “spouse,” a proxy marriage that has been subsequently consummated is valid as of the date of the proxy ceremony. …
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VALIDITY OF MARRIAGE
Definition of Marriage in the INA INA §1101 (35) The term “spouse”, “wife”, or “husband” do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated. Validity of Marriage a. Law…
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Who is a “child” for Immigration Purposes?
Definition of a Child According to INA 101(b) (1) and 8 U.S.C. 1101(b)(1), a child is defined as: an “unmarried person under 21 years of age who is a: WHAT ABOUT STEP-CHILDREN? Step Child [See INA 101(b)(1)(B), 8 U.S.C. 1101(b)(1)(B)]: A step-child is a child as long as the step-child was under 18 when step-relationship was created, meaning that the…
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Asylee Petition for Spouse and/or Child, Form I-730
A principal refugee admitted to the United States within the past 2 years or a principal asylee who was granted asylum within the past 2 years, may use the Form I-730 to petition for a spouse or child. Petitioning in this context meaning to request that a spouse or an unmarried child under 21 years…
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Automatic Conversion of Visa Petitions
Things can happen to families while the beneficiary of a visa petition is waiting for their priority date to become current. For example, spouses can divorce or die, children may turn 21, children may marry or divorce, or an LPR petitioner may become a citizen. When someone’s family status change results in the principal beneficiary…
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Family Reunification Parole Processes (FRPP)
How will USCIS decide who is invited to request to enter the United States under the family reunification parole processes? This decision will be based on multiple discretionary factors, including the number of requests that can be efficiently processed and the amount of time a beneficiary may need to wait before an immigrant visa becomes…
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Derivative beneficiaries on family preference category visas
NOTE: Only family preference category visas have derivative beneficiaries. Immediate relative petitions do not have derivatives. Eligibility Criteria for Adjustment as Derivative Applicant In order to be eligible for a Green Card as a derivative applicant in a family-based preference category, you must meet the following requirements:
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