Hướng dẫn nhập cư cho vợ/chồng hoặc hôn phu của công dân Hoa Kỳ (Vietnamese)

Although DACA is currently wrapped up in litigation in 2025, there always remains the possibility the the filing category may return in 2025. Here is a summary of the eligibility requirements and required documents. DACA Eligibility: To be eligible for DACA, an applicant must: Be born on or after June 16, 1981 ( be under 31 years old as of June 15, 2012 if what the law says) have continuously reside in the United States since June 15, 2007 , no leaving the US after that date have entered the United States before the age of 16 have graduated from high school in the United States or have a GED Diploma, or be in school for either have NOT been: charged, pled guilty to, been punished for, entered into deferred prosecution, been fined, or been convicted of: a felony (not an exhaustive list): murder/manslaughter robbery (with or without a dangerous weapon) assault with a Deadly Weapon rape and other sex offenses kidnapping arson felony child abuse attempted (any of the above) burglary breaking and Entering larceny embezzlement forgery perjury obstruction of justice identity theft fraud obtaining property by false pretense credit card fraud possession of a firearm certain misdemeanors, such as (examples): domestic violence female strangulation interfering with emergency communication assault (possible) battery (possible) sexual abuse or exploitation indecent liberties with a minor burglary theft (possible) worthless check (possible) unlawful possession or use of a firearm drug possession drug paraphernalia drug distribution or trafficking reckless driving no operators license (possible) driving under the influence; or three or more of ANY misdemeanors. Necessary Documentation: passport-style photo Proof of initial arrival before age 16 and documentation of continuous presence from June 15, 2007 to the present: foreign passport with entry stamps I-94 US Visas or border crossing card birth certificate of applicant medical records vaccination records school records religious records, like baptism certificate school ID tax filings (every year) DMV records social security records birth certificates of US children Proof of education: high school diploma GED proof of enrollment Evidence of identity: Consular ID Cedula or Matricula Card Foreign Driver's License U.S. government document marriage certificate(s) Divorce certificate(s) Annulments of any past marriages Death certificate(s) of past spouses Certified criminal records: any court records, even if dismissed or expunged any police records any traffic records any prison records FBI background check Local court record check Copy of any previous USCIS or Immigration filing. FOIA may be necessary. If you require assistance with the DACA process, please consider contacting our office to set up a consultation with our Immigration Attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

The ROM/Registry of Marriage in the Philippines for a Utah Virtual Marriage is processed by the Philippine Consulate in San Francisco California. This article will summarize the process, to hopefully make it more easily located on the internet, as many are confused, they see incorrect information online, or believe the virtual marriage is not valid in the Philippines. First, the Consulate's Website should be the FIRST STOP in this registration process. The website link can be found here: https://pcgsanfrancisco.org/civil-registry/ Second, Review the Registration form closely. IT MUST BE TYPED. DO NOT HANDWRITE. Link here:

How to prove a relationship is real for purposes of the I-130 or I-129F Petition? This blog post will provide a few ideas on what USCIS is looking for in a petition filing. 

The J1 Visitor Exchange visa program has a high number of Philippine Citizens, with the Philippines ranking in the Top 20 countries in the fields of J1 Teachers, J1 Intern of Hotel and Hospitality Management, and J1 Trainees. The Philippines is also one of a few countries that no longer aims to provide a J1 Waiver through the No Objection Statement Waiver process (a waiver option that was very accessible until the 2020 Moratorium and 2021 Philippine EVP Policy Change). As a result, many Philippine J1 Exchange Visitors (that were/are subject to the 212e Special Skills List) have to pursue either: a visa option back in the Philippines (after waiting 2 years) or an I-612 Exceptional Hardship (based on the hardship of a US Citizen or Lawful Permanent Resident Spouse or Child). This article will cover an "uncommon" intersection where a J1 may pursue Military Deferred Action (while the J1 waits for the 2+ year Hardship Waiver to be approved). Obvious Requirement: The J1 must either be married to or be the parent of a US Citizen that is in the US Military as an: Active Duty Reservist Veteran If this relationship requirement is met, then the J1 must meet a few other criteria: Overstay a J Visa (to qualify for Military DA, the J1 either intentionally or unintentionally must become "Out of Status.") Not be in another status in the US, such as a tourist or Green Card applicant Service Member must have served honorably or continue to serve honorably J Visa Holder MUST have a game plan on what comes next (after the Military DA) Our office is discussing this topic as it is commonly overlooked by BaseLegal or other immigration law firms. Military DA can work simultaneously with a J1 Waiver process. Military DA can help keep a J Visa Holder safe from deportation and may even permit Employment Authorization, a Driver's License, and Health Insurance (common necessities for J Visa Holders when a J Visa expires). Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Congratulations on the birth of a US Citizen abroad! The Philippines is a very special place, from the good food to the welcoming culture. A baby or child of a US Citizen will also be a US Citizen (recognized) once the US Recognition Paperwork is completed. This applies applies to situations where: Both parents are US Citizens and the child was just born abroad during foreign travel Where one parent is a Philippine Citizen or Foreign National and the child was born abroad Where the child was born to a Philippine Citizen through Assisted Reproductive Technology to a Surrogate. The legal process is called: Consular Report of Birth Abroad (CRBA); or Electronic Consular Report of Birth Abroad (eCRBA) In the Philippines, parents have two location options in which to "report" the birth of the US Citizen: (1) US Embassy in Manila and (2) US Consulate in Cebu. Both locations in the Philippines utilize the new eCRBA system, which uses an online encrypted portal (MyTravelGov) to complete the reporting application, upload supporting documentation, and pay the Interview Scheduling Fee. How much does it cost? The CRBA costs $100; however, it is important to also consider the US Passport fee is currently (in 2025) $135. What documentation is required? Child's PSA Birth Certificate (NSO and LCR versions are NOT accepted) Two passport-styled photos of the child US Citizen's proof of US Citizenship, such as: US Birth Certificate, US Naturalization Certificate, US CRBA Certificate, and/or US Passport. Two forms of ID for the US Citizen parent(s) Legitimation documentation, such as a marriage or divorce certificate Proof of the US Citizen's physical presence in the United States BEFORE the child's birth (the specific amount of proof can differ depending on the situation). Child born in wedlock to U.S. citizen father and one non-U.S. citizen parent on or after November 14, 1986: U.S. citizen parent, prior to the birth of the applicant/child, had been physically present in the United States for five (5) years, at least two (2) of which were after the age of fourteen. Child born out of wedlock to one U.S. citizen parent and one non-U.S. citizen parent on or after November 14, 1986: U.S. citizen parent, prior to the birth of the applicant/child, had been physically present in the United States for five (5) years, at least two (2) of which were after the age of fourteen. Child born to two U.S. citizen parents who are married at the time of birth: one of the parents had been a resident in the United States prior to the applicant/child’s birth. Child born out of wedlock to U.S. citizen mother on or before June 11, 2017: the U.S. citizen mother must have been physically present in the United States for a continuous period of at least one year (365 days) prior to the birth of the child. Child born out of wedlock to U.S. citizen mother on or after June 12, 2017: the U.S. citizen mother must have been physically present in the United States for five (5) years prior to the birth, at least two (2) of which were after the age of fourteen. Evidence of mother's pregnancy (such as ultrasound reports with sonograms, pregnancy photos, and prenatal/medical records). For an child born via Assisted Reproductive Technology (ART), submit complete medical records documenting the procedure. Evidence of both parents' physical presence in the same location at the time of conception (proof can take the form of passports with country entry and exit stamps, Bureau of Immigration arrival and departure records, travel orders, and plane tickets/boarding passes). Evidence of parents' relationship before pregnancy, which can take the form of photos, social media, emails, and chat messages). Sequential or "growing up" photos of the child preferably with parents. Photos should span from the child’s birth to the present. How to schedule the eCRBA Appointment? Manila: Send an email request to ManilaCRBAappt@state.gov, or complete the online form: https://evisaforms.state.gov/acs/default.asp?postcode=MNL&appcode=1 Cebu: https://evisaforms.state.gov/acs/default.asp?postcode=MN2&appcode=1 Here are some of our other Philippine Related Content: https://www.fickeymartinezlaw.com/immigration/consular-processing/us-citizens-guide-to-marrying-in-the-philippines-and-immigrating-a-philippine-filipina-spouse-to-the-united-states https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/us-citizens-guide-to-the-fiance-visa-process-in-manila-philippines https://www.fickeymartinezlaw.com/immigration-topic-philippine-fiance-or-spouse-living-outside-of-the-philippines-and-how-to-immigrate-to-the-us If you require assistance with the Philippine Fiance, Spousal Visa process, or Philippine CRBA process, please consider contacting our office to set up a consultation with our Immigration Attorney.

Philippine Citizens frequently work abroad. The common term or title is OFW or Overseas Filipino Worker. Filipinos frequently find employment in the following countries: Saudi Arabia (23% of all OFWs) United Arab Emirates (13% of all OFWs) Kuwait (7% of all OFWs) Hong Kong (6% of all OFWs) Qatar (5% of all OFWs) Singapore (5% of all OFWs) Japan (3% of all OFWs) South Korea (1% of all OFWs) Nearly 1.83 million OFWs are working around the world, according to the PSA, Philippine Statistics Authority. The tendency to work in the Middle East or Asia is common, and since the Philippine Citizen usually knows English, there is a common trend to meet and date English Speaking individuals while abroad, such as US Citizen traveling or working abroad in those foreign countries. This article could be titled: How to Immigrate my Filipina Wife in Saudi Arabia to the US How to Immigrate my Filipina Wife in United Arab Emirates to the US How to Immigrate my Filipina Wife in Kuwait to the US At least, based on percentages. However, this article will cover common questions, required documents, and timelines for both a Fiance and Spouse of a US Citizen.

This is a very common question in the current administration expressed by service members and veteran's alike that need immigration assistance in starting the legal process of making a Spouse, Parent, or Child legal in the US. The question our office hears on a weekly basis: Is Military Parole in Place still available in 2025? Are MPIP I-131 filings being approved in 2025? Does USCIS still accept Parole-in-Place filings in 2025? The question can be asked a few different ways. The answer is the same: Yes. Military PIP is still available for spouses, parents, children, and step-children of service members (both active and reserve) and veterans who served honorably. There is heightened scrutiny with most immigration filings in 2025, meaning background checks may take longer, discrepancies in past immigration filings and public records are being discovered by USCIS, and USCIS is more critical on past criminal records. However, it is still available! Our law Firm's experience and costs for Military PIP can be found here: https://www.fickeymartinezlaw.com/practice-areas/military-parole-in-place More Parole In Place (PIP) Blog Posts: Our Law Firm has written numerous blog posts to aid in the Immigration Process. Our Blogs relating to the Military Parole in Place Process have received substantial attention across the nation as many Service Members and their Families consider pursuing this Immigration Process. Some of our popular blog posts are listed below: Parole in Place: Immigration Option For An Illegal Spouse, Child, Or Parent Of A Military Member Military Parole in Place: Eligibility Affidavit Preparing for the Parole In Place PIP Interview Can you be approved for PIP, but denied a Green Card? Permanent Bar for Two or More Illegal Entries – INA 212(a)(9)(C)(i) Military Deferred Action: A Parole in Place (PIP) Alternative Can a Military PIP Recipient receive a Social Security Card? DEERS Office and the need for Apostille / Legalized Foreign Documents

This article will cover the common question our office receives: Can I file Military PIP along with an I-130 Petition? In short: Generally, yes! Military PIP can be filed simultaneously with an I-130 Petition, if the following are true: If filing Military PIP for a parent, the child/service member/veteran is 21 years of age or OLDER, AND a US Citizen. If the service member is currently in the process of naturalizing, then MUST wait to become a US Citizen before starting the I-130 Petition. If filing Military PIP for a child, the parent/service member/veteran needs to show proof of being a legal or biological parent. For fathers, a DA test is extremely helpful, if related by blood. If a step-parent/step-child relationship is present, 100% of the focus is on the marriage, dates of the marriage, and status of the other parent/spouse. If filing Military PIP for a spouse, any and all PAST MARRIAGES must be legally ended, and proof readily available BEFORE you marry and before you start an I-130 Petition. Similar Topic: can you file the I-485 AOS along with the I-130 Petition and Military PIP? 100% No. We have seen countless denials of individuals being advised to do such a filing arrangement, but the end result is almost always: denial of the I-485. A denied I-485 normally leads to deportation court. Why can you file the I-130 with the Military PIP, but not with the I-485? The I-130 does NOT require a legal entry or parole PRIOR to starting the filing. The I-485 requires a legal entry or parole PRIOR to filing as a matter of eligibility. Anyone who entered the US Illegally, is normally required to pursue Consular Processing/the DS-260 Immigration process, versus the I-485 Adjustment of Status process within the US. The Name of the I-485: Adjustment of Status , means you MUST have a status to "adjust from." If you have no status, you are not eligible. Military PIP creates a temporary status and lawful entry, from which an immigrant can adjust from. What if I have further questions? You can contact our Immigration Law Firm to speak with our staff or to set up a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

For starters, VA Permanent Disability is a form of tax-free income that is accepted by the USCIS Form I-864. This article will cover common issues, RFEs, and tips on how to show USCIS VA Disability Income COUNTS!!! Now, if you are stumbling upon this article, a one of a few possibilities has occurred: USCIS issued an RFE with the I-485 stating that they could not determine I-864 eligibility, based on the petitioner's adjusted gross income USCIS issued an RFE because there haven't been Taxes, W-2 or 1099, or paychecks within the past 3 years USCIS may be requiring a co-sponsor to the I-864 NVC may have stated that a co-sponsor is required, but that the decision will occur at the Consulate or Embassy In a nutshell, the I-864 "evaluates" financial stability to overcome poverty by reviewing a petitioner's (1) current estimated income, against (2) AGI/adjusted gross income of the most recent tax year. For VA Disabled Veterans, the VA Disability may be all or part of their income. Some veterans have part-time or full time jobs after military service, but they can generally overcome the I-864 with the W-2 Employment/paychecks. This article will cover the veterans whose TAXABLE income usually falls under $27k a year for a household of 2, $34k a year for a household of 3, and $41k for a household of 4. How to prove VA Disability? VA Benefit and Disability Information Letter, located on the VA Ebenefits Website ( Link found here ) DD-214 Past 12 months of Bank Statements from the Account that receives the Direct Deposits Print out from the VA Account Payment History VA ID Card What to do if USCIS issues an RFE? If the Petitioner/Sponsor's income is mainly from VA Permanent Disability, then the above 5 items can be provided to USCIS in a response. However, two more item is required. First, a clear letter must be drafted to state: Your income is TAX FREE, which is why it doesn't appear in the Federal AGI The Monthly and Annual VA Disability Amount (do the math so USCIS doesn't have to) Confirm/Compare your household size and VA Disability income EXCEEDS the minimum requirement as stated on the I-864P (https://www.uscis.gov/i-864p) Second, re-provide and possibly update the I-864 Form previously submitted. How to respond to USCIS RFEs? If you have online USCIS access to the RFE, then 100% upload the RFE Response to the USCIS System, as that automatically records the response in the USCIS System, making its processing and the overall immigration process more efficient. If you DO NOT have online USCIS access, then follow the instructions stated on the RFE Notice. The final page usually have the location where to mail the response to. What if I have further questions? You can contact our Immigration Law Firm to speak with our staff or to set up a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.