Permanent Bar for Two or More Illegal Entries – INA 212(a)(9)(C)(i)

fickeymartinez • November 20, 2016

The problem with multiple EWI or Entry Without Inspection is the automatic permanent bar to (1) U.S. citizenship, (2) Any U.S. Visa, and (3) Receiving Lawful Permanent Residence or a Green Card. There is no immediate waiver. This post will pose common questions and helpful examples.

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How is the Permanent Bar applied?

If someone (1) entered illegally or overstayed a visa for more than one year , meaning they accrued “unlawful presence.” Now, the one year period of time can be accumulated at one time or in the aggregate. If the person who was here illegally for more than one year, left the U.S., and (2) re-entered or attempted to re-enter the United States , then the person is permanently ineligible to file an I-485, DS-260, or any other current Green Card Application due to the Permanent Bar.

Example. Juan sneaks (EWI) into the U.S. on January 1, 2012. Juan leaves the U.S. and visits Mexico on January 1, 2013. On January 7, 2013, Juan comes back into the U.S. illegally. Juan is subject to the Permanent Bar.


Are Minors subject to the Permanent Bar?

Yes, Minors are not exempt. Generally, “unlawful presence” is not accumulated by minors upon one entry or overstay of a visa. However, the unlawful presence is counted towards the permanent bar. To repeat, this “Minor Exemption” is a viable option for the 3-year Bar and the 10-year Bar, but not available for the Permanent Bar.

Example. Maria’s parents sneak Maria into the U.S. on January 1, 2000. Maria was 10 years old. On January 1, 2005, Maria visits her Grandparents in Mexico and sneaks back into the U.S. on February 1, 2005. Maria is subject to the Permanent Bar.


Does Advance Parole Cure the Permanent Bar?

No, Advanced Parole (AP) does not cure the Permanent Bar. An EWI or Entry without Inspection can be overcome by AP because AP provides an I-94 (aka legal entry record), which is an eligibility requirement for Adjustment of Status (AOS). However, the Permanent Bar requires a waiver, which is discussed below.


What if my Unlawful Presence occurred before April 1, 1997?

Immigration laws constantly change. On April 1, 1997, The “Illegal Immigration Reform and Immigrant Responsibility Act of 1996” or IRRIRA took effect. IRRIRA made unlawful presence an inadmissibility ground to (1) U.S. citizenship, (2) Any U.S. Visa, and (3) Receiving Lawful Permanent Residence or a Green Card.

Example. Chris entered the U.S. in 1990 on a B-2 Tourist Visa. Chris was visiting his father. Chris was 5 years old. Chris overstayed his visa and left the U.S. in 1996. Chris received another B-2 Tourist Visa on January 1, 2010 and entered the U.S. Chris is not subject to the Permanent Bar because the unlawful presence occurred before April 1, 1997. Chris can Adjust Status or Consular Process his Green Card.


When do the 3-year and 10-year bars apply?

Illegal presence may also cause the  3-year or 10-year bar. The 3-year bar applies to someone who has 6 months of illegal presence in the U.S. The 10-year bar applies to someone who has 1 year or more of illegal presence in the U.S. However, these bars are different from the Permanent Bar. The Permanent Bar requires a second entry or attempt of second re-entry.

Example.  Samantha EWI-ed into the U.S. and stayed for 2 years. Samantha met a U.S. Citizen and married. Samantha received an approved I-130, then returned to Mexico for her DS-260 Consular Interview. Once Samantha leaves the U.S., she is subject to the 10-year bar. 

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Is there a waiver to the Permanent Bar?

Even though the permanent bar states “permanent,” a waiver is available. A waiver is like asking for forgiveness or a pardon. In the case of the permanent bar, you must wait 10 years  outside of the U.S. before you are eligible to apply for a waiver. However, as with any immigration form, there is no guarantee the waiver or a green card would be approved. You should consult an immigration attorney before exiting the country or applying for waivers.


What if I was Removed and Re-Entered the U.S. ? 

The removal would be on record in the U.S. and your second illegal entry into the U.S. would subject the person to the Permanent Bar. Moreover, the availability for a waiver of the permanent bar may be 20 years versus the 10 years stated above.


Could I Qualify for Military Parole in Place to Waive my Illegal Entry?

Military Parole in Place (PIP) is a special military filing for the Spouse, Child, or Parent of a Service Member, whether Active Duty, Reserve, or Veteran. Parole in Place can waive an illegal entry, but it cannot waive a Permanent Bar under 212(a)(9)(C). In such situations, Military Deferred Action may be required.

Example. Spouse of Service Member entered the US two times. The first entry was by foot through the desert in 1990 when the spouse was 5 years old. The spouse stayed in the US for 1 year and returned back to Mexico to spend the summer with the grandparents. In 1991, the Spouse re-entered the US illegally through the desert at the age of 6. The Spouse would qualify for Military Parole in Place since all entries occurred before April 1, 1997.

Here is a Convenient Link to our Military Parole in Place Page: https://www.fickeymartinezlaw.com/practice-areas/military-parole-in-place/

Have a Question? Contact Us!


The Section 212(a)(9)(C)(i)  reads:

(C) Aliens unlawfully present after previous immigration violations.-

(i) In general.-Any alien who-

(I) has been unlawfully present in the United States for an aggregate period of more than 1 year, or

(II) has been ordered removed under section 235(b)(1) , section 240 , or any other provision of law, and who enters or attempts to reenter the United States without being admitted is inadmissible.

(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien’s reapplying for admission.


About our immigration law firm:

 Fickey Martinez Law Firm, P.L.L.C. is an immigration and naturalization law firm serving Eastern North Carolina. We strive to make sure you understand the immigration laws that pertain to your specific circumstances. We frequently file with USCIS, NVC and DOS, and we can use this experience to better serve you.


Our Immigration Attorney uses online resources to better perform our service. We can meet you via Video Call, by Phone, or at one of our offices located in:


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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.

By Franchesco Fickey Martinez July 3, 2025
The J1 Waiver Process can be somewhat confusing. This article will summarize the process, and mention a few items that may cause issues. First, the J1 Waiver Process can be broken into 3 main parts: DS-3035, a waiver request filing with the Department of State Waiver Review Division No Objection Statement (NOS) Request from the foreign government I-612 Processing from USCIS Second, the MOST important part of the waiver is the "Foreign Government's involvement" Why? If the foreign government OBJECTS, the waiver will 100% fail. What does the Government of Lebanon Require? Mailing 1 packet/request to the Lebanon Embassy in the DC, address is as follows: Embassy of Lebanon, Attention: NOL Department, 2560 28th St. NW, Washington, DC 20008. The Packet MUST contain: $125 money order payable to the: Embassy of Lebanon. 2 addressed stamped envelopes: One envelope is a return envelope to the requestor or their attorney One envelope is for a physical copy of the No Objection Statement to be mailed to the DOS: Waiver Review Division, US Department of State, CA/VO/DO/W, SA-17, 11th Floor ,Washington, DC 20522-1711 [Note: in 2024, the DOS mainly recieves the NOS by email from the foreign embassy. The email is an instant transfer, whereas the mailed notice used to take weeks or months to process at the DOS] A Cover Letter for the Embassy to include: Reason for the request Contact information Exact date of arrival on the J-1 Visa and the port of entry Residential Address History in the United States Statement from you explaining whether your education or J Program in the United States is governmentally or privately financed Confirmation that relevant documentation and payment are enclosed DS-3035 Third-party Barcode Page (The Embassy of Lebanon would be the 3rd party in the DS-3035 Process) Either: A copy of the J1 degree from Lebanese institution (Most Common), OR A letter from the institution from which J1 graduated in Lebanon stating that the J1 are under no financial obligation to that institution A notarized statement (Signed before a US Notary) from the J1 Visa Holder stating that the J1 are under no financial obligation to any private or public institution in Lebanon. Copy of the Lebanese passport biographic page Copy of any US Visa, especially any and all J1 Visas Copy of the I-94 and travel history from the CBP Website Third, the DS-3035 must be correctly completed The DS-3035 must be completed correctly, as it directly affects the determination of eligibility and whether the overall request can even be approved. The biggest pitfall is either writing an inconsistent statement of reason or writing too much of a statement that the underlying purpose for the waiver is lost. A deeper dive into the reason statement can be seen here: https://www.fickeymartinezlaw.com/j1-waiver-ds-3035-statement-of-reason-template-and-explanation The next biggest pitfall is NOT including EVERY DS-2019. More info found here: https://www.fickeymartinezlaw.com/j1-ds-3035-topic-of-missing-a-ds-2019-for-the-waiver-filing Fourth, the I-612 process with USCIS Once all of the DOS processing and Lebanon processing is completed, the file is packaged up and submitted to USCIS for final process. This process is called the I-612 waiver process. It is free, happens automatically, and normally processes in 1-4 months. USCIS will provide a Receipt Notice, and more importantly, an Approval Notice (assuming Lebanon and DOS did not object and provided a "favorable recommendation," respectively). Conclusion: If you have questions or need assistance with the J1 Waiver Process, please schedule a consultation with our immigration attorney. Visit our J1 Waiver Page for more relevant blogs regarding the J1 Waiver Process: https://www.fickeymartinezlaw.com/practice-areas/j1-visa-waiver Here are 2 Lebanon Items that are frequently overlooked: Lebanese Birth Certificate: https://www.fickeymartinezlaw.com/lebanese-birth-certificate-wathikat-welada-and-us-immigration Credentialing Foreign Education: https://www.fickeymartinezlaw.com/employment-immigration/credential-evaluation-reports-for-immigration-purposes 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.
By Franchesco Fickey Martinez June 27, 2025
This article will explain the J-1 NOS Process for Honduras, as well as explain the alternative waiver process is you are deemed ineligible to receive an NOS Waiver. First, who needs a J1 Waiver? Merely applying for the NOS Waiver from Honduras is not enough to be approved of the J1 Waiver. Similarly, merely completing the DS-3035 is not enough. The DOS Waiver Review Division will require the J1 Visa Holder to show a clear need for the waiver, or else the DS-3035 will be denied. So, what clearly NEEDS a J1 Waiver. Well, that is what is to occur AFTER the J1 Waiver is approved. The J Visa Restricts all of the following: Immigration to the US (acquire Lawful Permanent Residence or Green Card) either through the I-485 Adjustment of Status process or the DS-260 Consular Process K-1 Fiance Visa H Employment Visa L Employment Visa It is these restrictions that NEED a waiver, and the J1 must prove a clear path to one of the above immigration options. More information can be seen here: https://www.fickeymartinezlaw.com/j1-waiver-ds-3035-statement-of-reason-template-and-explanation Second, are you a J1 that even requires a Waiver? There are unrestricted and restricted J1 Professionals. The Restricted Professionals are generally: J1 Teacher/Professor/Instructor J1 Specialist J1 Researcher J1 Physician J1 Intern/Trainee J1 Summer Camp Counselor J1 University Student (Undergraduate, Graduate, and Professional/Doctoral) How can you determine if you are a restricted type of J1? Merely review the Special Skills List. A little about the 2024 update to the schedule skill list can be seen here: https://www.fickeymartinezlaw.com/j1-special-skills-list-major-dos-update-december-9-2024 Third, are you unsure if the waiver is still needed? A DOS Waiver Review Division Advisory Opinion can provide a DOS determination if a waiver is even required, and the basis that the waiver is required. A brief explanation can be seen here: https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion Please note: MOST J1 are subject due to the special skill list. Some are subject due to (1) government funding or (2) medical residency. These two subjections have very very few waiver options, and may be barred from a waiver availability. Fourth, Brief Overview of the NOS Process: The NOS Waiver process is broken into 2 packets and 3 phases . PHASE 1: Initiating Packet 1: The DOS DS-3035 Waiver Recommendation Application is an electronic filing that auto-generates the forms, statement of reason, and list of DOS required documents. This packet goes to the DOS for processing. Packet 2: The Honduran J1 NOS Waiver Application is filed with the Honduran Embassy at: 1220 19th St. NW, Suite 320, Washington, DC, 20036. The Embassy required documents will be discussed below. Phase 2: Processing Packet 2 might be called packet 2 in the explanation, but it is the first that MUST BE PROCESSED. Honduras must not object, Honduras must create the No Objection Statement, and Honduras must send that statement to the DOS to merge into Packet 1. Once Packet 1 receives the No Objection Statement, that is when the DOS begins processing the DS-3035. Phase 3: Finalizing/Recording in the Government System If DOS issues a Favorable Recommendation, the file is then submitted to USCIS, USCIS issues an I-612 Receipt Notice, and then USCIS issues an I-612 Approval Notice. An I-612 Approval Notice is the full completion of the J1 Waiver Process. Fifth, what documents are required by the Honduran Embassy: This list is fairly templated, but it does assist the Embassy in processing the request: Proof of payment of $30.00 via Money Order payable to the Consulate of Honduras for processing the Letter of No Objection from the Government of Honduras. A Signed Letter by the J1 stating: Name and contact information Statement of how the J-1 visa was obtained Amount of time elapsed since entering the United States under J-1 status Admission that, by accepting a J-1 visa, the applicant agreed to return to Honduras for a period of no less than two years. Explanation of the reasons for not wishing to return to Honduras. [Comparison: this is similar to the above first point regarding what "needs" the J1 Waiver] Original letter from the institution that sponsored the J-1 visa, stating that it has no objection to the applicant returning to Honduras. Either: Affidavit from the applicant stating that the letter requested in the previous section is signed by the sponsor of their J-1 Visa, or Affidavit stating that the institution does not issue this type of letter. The Affidavit MUST either be completed before the Honduran Consulate upon payment of $50.00 by Money Order; or Affidavit from the applicant MUST be authenticated by Notary Public and Apostilled in accordance to the Hague Convention. Copy of ALL "DS-2019: Certificate of Eligibility for Exchange Visitor (J-1) Status" document. Copy of the "DS-3035: J-1 Visa Waiver Recommendation Application" document. DOS Third Party Barcode Page. Copy of All issued Honduran passports and ALL J-1 visa(s) and J-2 visa(s). A duly authenticated copy of the Cooperation Agreement between the petitioner and an institution of the Government of Honduras or a Non-Governmental Organization (NGO) operating in Honduras, which must include at least the following: Statement of purpose. Document proving the legal representation of the signatory. (Certificate issued by the Directorate of Registration, Regulation, and Monitoring of Civil Associations (DIRRSAC). Document proving the legal status of the institution or NGO. (Certificate issued by the Directorate of Registration, Regulation, and Monitoring of Civil Associations (DIRRSAC). Description of the cooperation to be carried out. Duration of the cooperation (no less than two years). Exact work to be performed by the petitioner. Number of weekly hours the petitioner will work. If you are interested in learning more about our law firm J1 Services, we welcome you to visit our website. 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.
By Franchesco Fickey Martinez May 29, 2025
The I-864 is a Sponsorship Form from USCIS that is used in nearly all Family-based Immigration. This Blog Post will address how SSI and SSDI is assessed in this process. SSI (Supplemental Security Income) provides financial assistance to older adults and persons with disabilities (regardless of age) with very limited income and resources. SSI is […] The post I-864 Sponsorship: How is SSI and SSDI Assessed? appeared first on Fickey Martinez Law Firm.
By Franchesco Fickey Martinez May 28, 2025
The I-864 Form (Affidavit of Support) allows the US Government to assess someone’s financial capability to support a sponsored person, whether they are a spouse, parent, child, sibling, and even friend. The I-864 primarily assesses two areas of someone’s financials: Annual Income, derived from Paystubs / Pay Checks Adjusted Gross Income taken from the most […] The post I-864 Asset Calculations appeared first on Fickey Martinez Law Firm.
By Franchesco Fickey Martinez May 27, 2025
This article will cover our office's opinions on the numerous Mobile Immigration Case Tracking Apps, as well as the inaccuracies that arise: Lawfully USCISCaseTracker US Immigration Case Tracker MigraConnect For starters, it is commendable to stay "current" on any immigration filing. Everyone should know what the current status of an immigration filing is. However, the source of information is important. The Federal Government is not "up-to-date" on the Mobile App scene, but most immigration agencies do offer "online case statuses" as well as "processing time estimators." For USCIS, the MYCASE Online Account ( https://myaccount.uscis.gov/sign-in ) should be the primary source of case information. For NVC, the CEAC Online Account ( https://ceac.state.gov/IV/Login.aspx ) should be the primary source of document-uploading, correspondence. For Consular Processing, the specific Embassy or Consulate should be utilized: https://ais.usvisa-info.com/ https://www.ustraveldocs.com/ The third-party mobiles apps are great at providing the "current online status," that information is readily available online at the following agencies: USCIS: https://egov.uscis.gov/ NVC Pre-Documentarily Qualified Status: https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html NVC Post-Documentarily Qualified Status: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/iv-wait-times.html Embassy/Consulate: https://ceac.state.gov/ceacstattracker/status.aspx Where the mobile apps start to have inaccuracies and mis-information is with regard to the following: Estimated case processing time tends to be 100% inaccurate 3rd-party apps fail to show official USCIS or NVC correspondence, which could delay a filing or lead to a denial Confuse an immigrant beneficiary as to the current phase of the immigration process. When is a Mobile App a good thing? It is a helpful tool for an immigrant that is abroad. It allows the immigrant to receive updates. However, most use the app during the USCIS processing of the I-130, and it is more beneficial to just sign up for a USCIS account and elect for Email updates: https://egov.uscis.gov/ (Only the USCIS Receipt Number is required and anyone or multiple people can sign up for such notification services). Why is the Mobile App inaccurate with the USCIS processing time estimate? The App is inaccurate as the estimator requires the category type and location of processing. If you place the incorrect information, the mobile app would be off. Additionally, USCIS provides a "rough estimate" that occurs for 80% of the cases. USCIS may move quicker or slower depending on the specific case history, USCIS Officer assignment, and the Country of Origin. So, if a mobile app ways an estimated processing time is: 5 months, that should be taken with a grain of salt. USCIS is generally slow with Consular Processing, and a little quicker with Adjustment of Status. 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.
By Franchesco Fickey Martinez May 22, 2025
The ADIT Stamp is a temporary proof of the I-551 Green Card that is an acceptable form of a lawful permanent resident card that can be used for: Domestic and international travel DMV SSA Employment purposes Need of a government-issued ID The ADIT Stamp can be placed in 1 of 3 locations: As a sticker on the back side of a fairly current/recently-expired I-551 Green Card As a Stamp in an unexpired foreign passport AS a Stamp on an I-94 card The ADIT Stamp may be a byproduct of the following Immigration forms: I-90 for a Green Card renewal or replacement after loss/theft I-751 for Removal of Conditions N-400 for Naturalization The document can be a "stamp" and a close look of the stamp is as follows:
By Franchesco Fickey Martinez May 14, 2025
This article will cover the Old Versions of the Green Cards and how they encounter issues with the DMV when attempting to renew a Driver's License as well as with SSA when attempting to acquire Medicaid, SSD, or SSI. The I-151 Green Card: The former Immigration and Naturalization Service (INS) issued Form I-151 (Alien Registration Receipt Card), commonly called a “green card,” to aliens from: July 1946 to 1978. The I-151 Green Card never had an expiration date printed on the card, which has led many to believe their documentation was up-to-date. Even in 2025, I-151 Green Card holders never knew their Green Card had actually expired by law on March 20, 1996 . I-151 card holders experience issues with the DMV, especially after the Real ID Requirements of May 2025, due to the INS records not being easily accessible in current government system, as the INS agency ended in 2003 and was replaced by the agency: USCIS. Additionally, due to I-151 Card Holder's ages, they have either been receiving SSI and Medicaid for many years, or will be starting very soon. For example, if an I-151 Green Card holder received their I-151 Card in 1970 at the age of 10, they would be turning 65 in 2025. According to SSA: Form I-151 is not a valid immigration document. The card lacks security features and presents more opportunities for alteration and fraud than the immigration documents currently being issued. From 1992 through 1996, the former Immigration and Naturalization Service conducted a “Green Card Replacement” project to replace the I-151 cards in circulation. Although the card is not a valid immigration document, the person may still retain lawful permanent status. (Source: https://secure.ssa.gov/poms.nsf/lnx/0200303400) I-151 Card Holders are recommended, depending on their given situation, to either apply for an I-90 Green Card renewal or apply for US Citizenship with the N-400. The I-551 Green Card that didn't expire: The I-551 Green Card is the "current version" of the Lawful Permanent Resident Card. However, there is a lot of confusion on whether the cards with “no expiration date” are still valid. Some government agencies may refer to this un-expiring I-551 as the: ORIGINAL I-551 Whereas, the expiring I-551 may be reviewed to as the: REVISED I-551 The I-551 Green Cards issued between: 1977 and August 1989 have no expiration date, but ARE STILL a valid and acceptable Green Card. However, not every US Agency will acknowledge the old version of the I-551 Green Card since it lacks an expiration date, and a way for the agency to confirm current legal immigration status from when the card was issued in 1977 to 1989. For the DMV, the unexpiring I-551 Green Card may or may not be accepted. A lot has to deal with name changes over the years and whether the file is accessible in current government systems. For SSA, the old or original I-551 is generally accepted as identity is normally compared against a lifelong history of SSA Contributions in Prior Payroll and tax filings. Original I-551 Card Holders are recommended, depending on their given situation, to either apply for an I-90 Green Card renewal or apply for US Citizenship with the N-400 as to avoid issues that may arise in the next few decades (unknown how laws might change). What do I do if I need a new I-551 Green Card ASAP? By filing for either I-90 or N-400, USCIS may issue a "temporary I-551 proof" that can be in the form of the passport, a sticker on the card, or a stamp in an I-94 Card. This temporary proof is called an ADIT Stamp and can be acquired at a local USCIS Office in an INFOPASS Appointment. (More information can be seen here: https://www.fickeymartinezlaw.com/need-a-temporary-green-card-information-on-the-adit-stamp) The following is the SSA policy on ADIT Stamps: When the alien does not have a machine readable immigrant visa (see RM 10211.025C.2 ), DHS places a temporary I-551 stamp in the foreign passport as evidence of immigration status when the alien is admitted to the U.S. as an LAPR for the alien to use until the permanent I-551, Permanent Resident Card, is received. The stamp may be placed in the alien’s foreign passport or on a Form I-94, Arrival/Departure record, when the alien does not have a passport. When an alien previously admitted to the U.S. applies for a replacement I-551 or adjusts to LAPR status, DHS places a temporary I-551 stamp in the foreign passport. When the alien does not have a foreign passport, DHS places the temporary I-551 stamp, a photo of the alien, and DHS seal on Form I-94. Each stamp is uniquely numbered with a five-digit identifier which can be found below the “Valid Until” line. Also, the officer writes the “A” number on the stamp. See the ACM Alert No. 2006A-31 New DHS/USCIS ADIT Stamp under the “I-94” document number and “I-551” document number for more information on the design and fluorescent security features. (Source: https://secure.ssa.gov/poms.nsf/lnx/0200303440#b1)
By Franchesco Fickey Martinez May 14, 2025
The Blog Post will hopefully provide better guidance out there that may be nearly a decade old. The 319e Naturalization Option is available for: Green Card Holding Spouses; Whose spouse is an “Active Duty” Member of the U.S. Armed Forces (Not a Veteran or Independent Contractor); Who Currently Live Abroad on official Military Orders; and […] The post 319(e) Naturalization: Overseas Naturalization Option for Active-duty Military Spouses and Children appeared first on Fickey Martinez Law Firm.
By Franchesco Fickey Martinez May 14, 2025
[Ler Post em Português] Under INA 319(b), Spouses of U.S. Citizens who are Employed or Stationed Abroad can be provided a new option for Naturalization. Normally, Spouses must hold their Green Card for a minimum of three years before being eligible to Naturalize through Marriage. Under INA 319(b), Spouses otherwise eligible for the 3-year Naturalization, […] The post INA 319(b) Naturalization Option: Spouses of U.S. Citizens Employed or Stationed Abroad appeared first on Fickey Martinez Law Firm.
By Franchesco Fickey Martinez May 14, 2025
This guide is for the US Citizen that is trying to fully understand the US immigration consular process. You may have met an Italian online (possibly through EuroCupid/InternationalCupid) or after being stationed with the US Military abroad at: Aviano AFB Camp Darby Army Base Caserma Ederle Army Base Sigonella Navy Base Gaeta Navy Base La Maddalena Navy Base Naples Navy Base If you have an Italian Spouse or Fiance, this Guide will cover the most common topics and questions. First, what are the two Immigrant Visa Options: The CR-1/IR-1 Spousal (Immigrant) Visa, and The K-1 Fiance (Immigrant) Visa Second, how to get married in Italy? The US Embassy gives the following guidance for marrying in Italy: https://it.usembassy.gov/u-s-citizen-services/marriage/ However, a Virtual Marriage in Utah may also be a viable possibility. Meaning, the US Citizen and the Italian Citizen can be in different countries OR both can be in Italy, and the marriage ceremony can be held virtually in the state of Utah. More information can be seen here: https://www.utahcounty.gov/dept/clerk/marriage/marriagelicense.html Here are some common topics before we dive in to the process:
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