Yeager & EtkindRockville Maryland Immigration Lawyer | Washington D.C. Green Card & Visa Attorney2026-04-20T10:59:47Zhttps://www.law4immigration.com/feed/atom/WordPress/wp-content/uploads/sites/1301707/2020/12/cropped-site-icon-32x32.jpgOn Behalf of Yeager & Etkind<![CDATA[Can your child still be a US citizen if they are born abroad?]]>https://www.law4immigration.com/?p=494722026-04-20T10:59:47Z2026-04-20T10:59:47ZGoing into labor while traveling abroad is not something most parents plan for. If it does happen, your first question may be whether your baby will still be a U.S. citizen. The answer depends on a few key factors. The Immigration and Nationality Act (INA) governs how citizenship works at birth abroad.
Your citizenship status is what matters most
Under the INA, your citizenship determines your child's citizenship at birth abroad. The location where your child is born does not matter, a principle attorneys refer to as jus sanguinis or citizenship by bloodline.If both parents are U.S. citizens, your child is generally a U.S. citizen at birth with at least one parent having had prior U.S. residence. If one parent is a U.S. citizen, that parent must meet a physical presence requirement, which means at least five years in the United States, with at least two of those years after age 14.These rules have changed over time, so which rules apply depends on when your child is born.
Your child may also gain citizenship in their birth country
The birth country may also grant your child citizenship. Many countries, including most in Latin America and parts of Europe, give automatic citizenship to any child born on their soil, while others grant citizenship only through parentage.Your child could hold dual citizenship, and the United States permits this in most cases but does not actively encourage it.
What documentation your child will need
Although your child's U.S. citizenship does not have to go through immigration, it still requires formal documentation. You will file Form FS-240, the Consular Report of Birth Abroad (CRBA), at the nearest U.S. embassy or consulate.A CRBA application generally requires the following documents:
Proof of your U.S. citizenship, such as a passport or birth certificate
Proof of your physical presence in the United States, such as school or employment records
Proof of your relationship with your co-parent, such as a marriage certificate
Your child's foreign birth certificate
Completed Form FS-240 and applicable fees
Under federal law, a CRBA holds the same legal weight as a U.S. birth certificate; you may also apply for your child's U.S. passport at the same time.
Your child's future is worth getting right
The rules around citizenship at birth abroad are clear, but every family situation is unique. Knowing what to expect before you travel can give you real peace of mind. An experienced immigration attorney may review your specific circumstances and help you take the right steps.]]>On Behalf of Yeager & Etkind<![CDATA[When a waiver of inadmissibility may come into play]]>https://www.law4immigration.com/?p=494702026-01-14T04:05:49Z2026-01-14T04:05:49ZCommon situations that can trigger inadmissibility concerns
Federal immigration law lists many grounds that can affect your eligibility for a visa or green card. Not all cases require a waiver, but some histories may lead officers to look more closely. Examples include:
Unlawful presence in the United States after a stay without legal status
Certain criminal convictions or charges that may fall under federal rules
Misrepresentation or fraud on past immigration forms
Entry without inspection or parole followed by a long stay
These factors may make you inadmissible under U.S. law. If a consular officer or federal reviewer finds you inadmissible, you might need a waiver application to move forward with an immigrant visa or adjustment process.
A provisional waiver may apply if unlawful presence appears to be the only issue and you are still in the United States. A standard waiver may apply after the Department of State or U.S. Citizenship and Immigration Services (USCIS) identifies inadmissibility.
Stages of the immigration process where waiver issues may arise
Waiver questions can appear when officers review your full record. You may see them at these points:
Petition review with USCIS or the Department of State
Consular immigrant visa interview abroad
Adjustment of status review in the United States
Consular officers may review travel history and past filings when you interview abroad. If you face a bar for unlawful presence, you may seek a provisional waiver before leaving the country. Officers may require a standard waiver after they identify inadmissibility during the interview or adjustment review.
Points to weigh after inadmissibility issues appear
Waiver consideration often begins after a federal reviewer identifies a possible ground of inadmissibility. Your specific history may shape that review. By knowing common triggers and review points, you can prepare for possible questions as your case moves through the process.]]>On Behalf of Yeager & Etkind<![CDATA[Spouse vs. child immigration: Key differences in the process]]>https://www.law4immigration.com/?p=494692025-10-08T13:38:09Z2025-10-08T13:38:09ZWhen you bring your family to the U.S., the process depends on whether you petition for a spouse, a fiancé, or a child. Each path has its own rules and steps. Understanding the differences helps you avoid delays.
Bringing a spouse
If you are a U.S. citizen, you file Form I-130 for your husband or wife. Your spouse counts as an immediate relative, which means no yearly visa cap applies. Once USCIS approves the petition, your spouse applies for a green card. If your spouse lives in the U.S., the next step is adjustment of status. If your spouse lives outside the U.S., the process goes through a U.S. consulate.If you are a lawful permanent resident (LPR), you also file for your spouse. However, your spouse falls under the family preference category, which has yearly limits. This rule creates longer wait times compared to citizen petitions.
Bringing a fiancé
U.S. citizens bring a fiancé with the K-1 visa. You must both be free to marry and plan to wed within 90 days of arrival. After marriage, your new spouse applies for a green card. Lawful permanent residents cannot petition for a fiancé. They must marry first, then file for their spouse.
Bringing children
Children of U.S. citizens under age 21 and unmarried also count as immediate relatives. Like spouses, they are not subject to yearly visa caps. Married couples or those with older children typically fall into family preference categories, which often involve long wait times.Children of lawful permanent residents also fall into preference categories. This creates slower processing compared to citizen petitions. Stepchildren qualify if the marriage that created the step-relationship happened before the child turned 18.
Key takeaways
Spouses and unmarried children under 21 of U.S. citizens receive faster paths, as they are considered immediate relatives. Fiancé visas apply only to U.S. citizens, not green card holders. Family preference cases, such as LPR petitions or petitions for married children, often take years because of visa backlogs.Immigration law is complex, and even small errors can cause delays. Many families find that working with an immigration lawyer makes the process less stressful. A lawyer may explain the steps clearly, help prepare documents, and guide you through interviews. Having support can give you peace of mind and increase your chances of success.]]>On Behalf of Yeager & Etkind<![CDATA[Conditional residence and removal of conditions]]>https://www.law4immigration.com/?p=494682025-07-30T15:00:34Z2025-07-30T14:55:22ZWhat is conditional residence?
If you marry a U.S. citizen and get a green card, you might receive a conditional one that lasts only two years. This happens when your marriage is less than two years old at the time of approval. The government issues a shorter green card to ensure the marriage is genuine, not just for the purpose of entering the U.S.
To maintain your status, you must take action before the card expires. You must file a form called I-751 to remove those conditions.
What is Form I-751?
Form I-751 requests that the government remove the conditions on your green card. You must file it within 90 days before your card's expiration date. If you miss that deadline, you could lose your legal status and face deportation.
Most couples file the form together. Both spouses sign it and send proof that the marriage is still real. This proof can include tax forms, joint bank statements, rental papers or photos that show your life together.
What if the marriage ends or there's abuse?
Sometimes things do not work out. If you get divorced or your spouse hurts you, you can still file Form I-751 on your own. You call this a waiver. You need to explain your situation and show that the marriage started out as real.
You can also file for a waiver if your spouse died or if you or your child would suffer extreme hardship if forced to leave the U.S.
Act early to avoid problems
The government looks closely at these cases. If you wait too long or send weak proof, they might deny your request. Many people talk to an immigration lawyer before filing to avoid mistakes.
If you or a family member has a two-year green card, learn what to do next. Filing Form I-751 is a key step toward permanent residency. With the right help, you can make the process smoother and protect your future.
Consider consulting an experienced immigration attorney. They may be able to guide you through each step, help you prepare compelling evidence and make sure you meet every deadline. Consulting with a lawyer early can provide you with peace of mind and increase your chances of achieving a successful outcome.]]>On Behalf of Yeager & Etkind<![CDATA[Who can help their siblings apply for green cards?]]>https://www.law4immigration.com/?p=494672025-04-24T16:21:08Z2025-04-24T16:21:08ZCitizens can support their siblings
There are many ways to extend immigration opportunities to loved ones. People with student or employment visas can apply to travel with their spouses and unmarried, minor children. Individuals who have green cards can also extend opportunities to their spouses and children.
However, those hoping to assist loved ones outside of their immediate family have fewer options. Natural-born citizens can easily extend immigration opportunities to their loved ones living in other countries. Some people may decide to pursue naturalization specifically to help their loved ones immigrate as well.
The family preference visa program allows United States citizens to request green cards for their brothers and sisters. While sibling applications are the lowest priority category under this program, many families eventually reunite through the family preference visa program. Those already residing in the United States may also be able to help their siblings learn about the law, establish domestic relationships, pursue employment opportunities and explore other possible immigration opportunities.
Immigrants with siblings who live in another country may need to become citizens if they want to reconnect with their brothers and sisters. Reviewing the rules that govern family-based immigration with a skilled legal team can help people evaluate their options for supporting their loved ones.]]>On Behalf of Yeager & Etkind<![CDATA[What is foreign labor certification for employers?]]>https://www.law4immigration.com/?p=494662025-01-27T00:50:17Z2025-01-27T00:50:17ZEmployers must evaluate the domestic market
Immigration policies aim to offer opportunities to skilled foreign nationals and to take hiring pressure off of domestic companies without limiting the career opportunities for domestic workers. Organizations that want to hire from abroad frequently need to complete a labor certification.
Program Electronic Review Management (PERM) is the system that the Department of Labor uses to ensure that foreign hiring is appropriate given the company's needs and current economic circumstances. Essentially, the employer must perform an analysis of the domestic market to validate the claim that foreign talent is necessary. Companies generally only begin this process once they have identified a qualified foreign candidate for a vacant position.
The employer must demonstrate that the company could not recruit domestic talent. Typically, this process includes making an internal job posting that remains unfilled for at least 10 consecutive business days. The company must show that the position is full-time and permanent. The PERM process helps establish that international hiring won't affect domestic wages or work opportunities.
Documentation of recruitment efforts and an analysis of the domestic labor market are both key elements of the PERM process. Employers complete the PERM process and can then support a foreign candidate as they seek an employment visa.
Completing the necessary research and pursuing a visa for a foreign national job candidate can be a complex process. Employers who secure the right support may improve their chances of success. Proper guidance during the foreign labor certification process and while onboarding foreign talent can help limit the possibility of major complications arising.]]>On Behalf of Yeager & Etkind<![CDATA[I fell in love abroad. How can I bring my fiancé to the U.S.?]]>https://www.law4immigration.com/?p=494652024-10-22T13:54:16Z2024-10-22T13:54:16ZBy securing a K-1 visa
The United States Citizenship and Immigration Services (USCIS) oversees numerous visa programs that help people in a variety of different unique circumstances. Those who have a romantic partner living in another country might be eligible for a special visa intended for fiancés.
The applicant generally needs to be a United States citizen, as opposed to a permanent resident or visa holder. The fiancé living abroad must meet the background check and medical standards established for all immigrants.
The citizen applies for a K-1 visa from the USCIS. They may have to provide information validating their relationship. Travel records, copies of electronic communications and even photographs of the fiancé together can help support the claim that there is a bona fide relationship between the fiancés.
If the USCIS affirms the legitimacy of the relationship and the foreign national fiancé meets the necessary standards, the USCIS may provide a K-1 visa. This visa only allows for short-term entry into the United States.
It lasts for 90 days. The couple must take prompt action to solemnize their relationship by legally getting married or risk the removal of the foreign national fiancé from the country. After their marriage, the spouse who is a citizen of another country can apply for a conditional green card. Provided that the marriage lasts at least two years, they can eventually apply to remove the conditions from their green card. Eventually, they may also qualify for citizenship.
Utilizing the existing K-1 visa program to take an international romance to the next level requires patience and specialized knowledge. Those who have assistance when seeking visas, adjusting status and pursuing naturalization may improve their chances of legally bringing a fiancé to live permanently in the United States.]]>On Behalf of Yeager & Etkind<![CDATA[How a work visa can potentially lead to a green card]]>https://www.law4immigration.com/?p=494642024-07-24T17:13:10Z2024-07-24T17:13:10ZEmployment visas can help people qualify for green cards
People can qualify for a green card based on several different types of immigration. As previously noted, many family-based immigration opportunities lead to green cards. Refugees and asylees may eventually qualify for green cards as well.
Those with work visas may become eligible for a green card after adequate time in the United States. Typically, they need to remain in the United States for years to qualify. The United States Citizenship and Immigration Services (USCIS) does apply different preference levels to those in different types of careers.
Those with the most education and experience in competitive industries may have the best chance of qualifying for an employment green card. There are also special programs for physicians who agree to work in underserved areas and those investing in domestic businesses.
Provided that the immigrant can pass the background check in limits their international travel prior to seeking a green card, they may be able to turn a visa into an opportunity for a green card. Permanent residents have less risk of removal from the United States. They can also eventually pursue naturalization in many cases.
Seeking an employment visa is potentially the first step toward a successful relocation to the United States. Professionals from many different industries are in a position to find domestic jobs and turn an employment opportunity into an immigration opportunity.]]>On Behalf of Yeager & Etkind<![CDATA[How fiancé and spousal green cards differ from other green cards]]>https://www.law4immigration.com/?p=494622024-04-30T15:58:13Z2024-04-30T15:58:13ZMarriage-based green cards are conditional
Green cards are the official USCIS documents that show people are lawful permanent residents. A standard green card allows someone to legally live in the United States for 10 years before they have to renew their paperwork with the USCIS.
A marriage-based green card granted to someone's international spouse or their fiancé who entered the country to marry them does not last for 10 years. Unless the marriage had already lasted for two years when someone applied for a green card, their status as a permanent resident is conditional upon the continuation of their marriage.
The immigrant spouse can apply to remove the conditions from their green card after approximately two years of marriage. Doing so allows them to upgrade to a standard green card that is not contingent on them remaining married. If someone who enters the country for marriage or through marriage divorces before they reach that two-year mark, their status as a permanent resident could be at risk.
Learning more about the rules that apply to fiancé visas and green cards for newly married adults can benefit those with a loved one in another country. New spouses married to United States citizens can potentially become permanent residents if they follow the right process.]]>On Behalf of Yeager & Etkind<![CDATA[What happens if you lose your job on a work visa?]]>https://www.law4immigration.com/?p=494602024-02-05T23:34:34Z2024-02-05T23:34:34Zactions following job loss vary by visa type, but some general principles apply across the board.
Grace period
Upon termination of employment, visa holders typically have a grace period to adjust their status, find new employment or prepare to leave the country. For many work visas a 60-day grace period is allowed. The steps taken during this time are pivotal in avoiding the consequences of overstaying a visa, which can lead to difficulties re-entering the U.S.
Finding new employment
For those looking to remain in the U.S., finding new employment within the grace period is critical. The new job must also qualify under the conditions of the existing work visa. For example, for an H-1B visa holder, this means finding an employer willing to sponsor a visa transfer. The process involves the new employer filing a petition on behalf of the visa holder.
Changing visa status
Another option is to change one's visa status to another type that better reflects their new situation. This could involve applying for a student visa if planning to attend an educational institution or a tourist visa if needing more time to arrange departure or next steps. Each visa type has specific requirements and timelines for application.
Departing the U.S.
If a visa holder is unable to secure new employment or change visa status within the grace period, the individual must prepare to leave the United States to avoid overstaying their visa. Overstaying can lead to being barred from returning to the U.S. for a period of time and affect future visa applications.
Seeking legal assistance during this process is beneficial for visa holders. This is generally the only way that people facing this situation can determine the best options for their circumstances.]]>