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Video instructions and help with filling out and completing Where Form 2220 Adjustments

Instructions and Help about Where Form 2220 Adjustments

Hi my name is pre and Arian I'm an immigration attorney in the principal attorney here at Darian immigration law located in White Plains New York big portion of my immigration law practice focuses on helping people apply for adjustment of status which is more commonly referred to as a green card the situation often occurs where a u.s. citizen marries in immigrant spouse who entered the u.s. on a visa and now the immigrant spouse wants to adjust his or her status to permanent residence in my experience I've seen several major issues that people encounter when they try to do this process by themselves or as I'll talk about later through a non attorney or an attorney who doesn't focus on immigration practice the first mistake that I commonly see and this is more specific to the New York region where adjudication of the green card application can take 11 or 12 months at this time and this is being filmed in June 2021 the processing times may vary from case to case but the majority of mine are taking around a year from the date we file it to the interview if you file submit your form g63 9 your medical examination form there's a good chance that it will expire before your green card application is adjudicated which means you will be asked to resubmit a new one and they can easily cause three to five hundred dollars for each medical examination so my recommendation is do not submit the g63 nine along with all the other forms you know that I 480 five seven six five one thirty one affidavit of support from the 864 file everything except the g6 thirty-nine and a few weeks after you file it after you get your notices that says all the forms have been received you'll get a courtesy letter to the applicant that says hey you forgot to file your medical examination but don't file it at this time wait until we send you a specific request for evidence or if you don't get a request for evidence bring the sealed medical examination results with you to the interview and that's what happens 99% of the time I tell my clients don't get it don't get your medical examination in the beginning will file submit all the other forms but not the medical and then later down the road when we get our interview appointment that's when I tell people to go get their medical examination and so far it's been a really good strategy and I've been able to save people some money doing that so I know the instructions on the forms say you must submit your medical in the beginning I'm telling you do not follow those instructions if you're in the New York Region and you're applying for this in 2021 unless you know shortly after I film this video they drastically reduced the backlogs which is highly unlikely the second mistake that I see so first off the green card application a year and a half or so ago was I believe four or five pages long and now it's like 18 pages long and there's many more grounds of inadmissibility that are tested for and just discretionary issues that the officers can pick up on so the new version of the form is very tricky particularly on page 10 of the form where the checklist of the laundry list of questions begins where they ask you a series of questions yes or no one of the questions asks have you ever violated the terms of your visa and many people say no I'm a good person I never violated in terms of any visa but actually oftentimes when someone enters on a visa and they marry a US citizen they violated the terms of their visa by overstaying it so oftentimes if you've overstayed your visa I would advise that you check yes to that question and then at the end of that at the end of the application there's some empty space you would just explain it I violated the terms of my visa by overstaying another question that's right there is have you ever worked in the US without authorization so if you are an immediate relative let's say a spouse of a US citizen and you entered on a visa overstaying your visa unlawful presence in the US and unauthorized employment by themselves are not enough to trigger inadmissibility so the officers cannot really use that to deny your application and they and misrepresentation lying can certainly be used to deny your application so my advice if you've worked in the u.s. without authorization you were here on a tourist visa and you were working or something like that or you were working additionally not pursuant to your employment based visa speak with an attorney if you don't really understand what you were doing but long story short just disclose it for unauthorized employment and unlawful presence those grounds of inadmissibility will not be used against immediate relatives they can't really be considered aside from discretionary considerations but by themselves they're not enough to deny your application so that was issues 2 & 3 that I see come up the unauthorized employment and unlawful presence the other big issue I see is where the questions asks have you ever been arrested or detained or convicted of any crime lots of people answer no because they got arrested for getting into a fight 20 years ago or those records have been sealed or expunged that's a huge mistake if you've ever had contact with police where you've been detained arrested received any citation the question I ask my clients is have you ever had contact with the police if yes explain it to me and I'll see if that rises to the level of an arrest was your freedom or Liberty were you at liberty to leave if.

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