Old Green Cards and issues with the DMV and Social Security

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.

[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.

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:

Many will talk about bring a Philippine Spouse to the US in many different ways: As a K1 Fiance As a CR1 Spouse As an IR1 Spouse As a K3 Spouse As an Immigrant Visa Holder The inherent issue with the Immigrant Visa process, is the processing time. However, what if there was a way to bring your spouse to the US quicker? What if they could be in the US in a matter of weeks or months? Shouldn't every option be considered? This Article will cover the alternative employment options that a Filipina/Filipino Fiance or Spouse could consider to "arriving" to the US quicker. The rule of Employment Visas, when you have a Fiance or Spouse in the US: Two requirements must be stressed: First, employment visas require employment to occur. You cannot come on an employment visa tomorrow, marry the day after, and then pursue a Green Card. That could be classed as visa fraud or circumventing immigration law. If you apply for the employment visa, you must work. Second, the employment should really be job history/education level appropriate. The employment can be used "in conjunction" with an immigrant visa process abroad in Manila. Additionally, there are very slim exceptions that may allow a Foreign Spouse to immigrate within the US through Adjustment of Status, versus Consular Processing. Possible Employment Visa Options based on some industry norms: Teaching/Education: J1 Cultural Exchange Teacher: A popular visa for teachers, where the interview process is facilitated through a J1 Sponsor, and a visa is acquired relatively quickly at the US Embassy in Manila. A list of J1 Sponsors can be seen here: https://j1visa.state.gov/participants/how-to-apply/sponsor-search/ The biggest consequence for the J1 Visa is the 2-year home residency requirement that restricts other employment visas such as H-1B until EITHER you've returned home to the Philippines for 2 years or you've acquired a J1 Waiver. R1 Religious/Private School Teacher: Requires a religious private school, such as a catholic school, to sponsor. More information on a Catholic School (Philippines is predominately Catholic) teaching position can be seen here: https://www.fickeymartinezlaw.com/deeper-dive-r-1-catholic-teacher-positions-how-to-locate-possible-religious-education-employment F1 Student utilizing OPT for Teaching Experience: A student visa holder may be able to acquire the ability to work (aka Employment authorization Card or Optional Practical Training) for 1 to 3 years (depending on whether education was STEM or Non-STEM). This teaching experience is very beneficial for acquiring a H-1B teaching position after the OPT Period. H-1B for Teachers: The most versatile teaching visa option, as many schools tend to have a relationship with a University or College to qualify for Cap-Exempt H-1B Status. More information on how to start can be seen here: https://www.fickeymartinezlaw.com/philippine-teacher-how-to-find-an-h-1b-position-in-the-united-states Healthcare/Medical Fields: H-1B for Medical Professionals and Nurses: Ideally, you should look for Hospitals/Clinics that have sponsored in the past. If they've done it in the past, they may be willing to sponsor again in the future. An unofficial (non-government website) list can be seen here: https://h1bgrader.com/job-titles/nurse-n60ezl4m0z/lca/2025 (You can limit the list by Specific Medical Position, by Year, and also by State) J-1 for Medical Professionals and Nurses: J-1 positions are also available, but the biggest consequence for the J1 Visa is the 2-year home residency requirement that restricts other employment visas such as H-1B until EITHER you've returned home to the Philippines for 2 years or you've acquired a J1 Waiver. Uneducated H-2B Professions: The Department of labor provides the following search bar to assist in locating possible H2b employment: https://seasonaljobs.dol.gov/jobs The common jobs (not an exhaustive list) are: Food Service & Hospitality: Line Cooks Servers Bartenders Housekeepers Front Desk Staff Dishwashers Construction & Labor: Construction Laborer Roofer Asphalt Worker Concrete Laborer Landscaper and Groundskeeper Amusement and Recreation Attendants Amusement Park Worker (very seasonal) Theme Park Worker (very seasonal) Meat, Poultry, and Fish Cutters and Trimmers: Chicken Processing Plant Worker Turkey Processing Plant Worker Pork Processing Plant Worker Crab Cannery Worker If someone has experience in the past with poultry, a chicken processing plant may be ideal. If they've worked in a factory, a cannery may be ideal. If the spouse has construction experience, construction may be ideal. The fact of the matter, there a numerous industries that are in need of employees. If a Foreign Fiance or Spouse can fill that employment position, why not consider the possibility. 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.

This article will cover the topic of "How to find an H-1B Position?" The Teacher could be in the Philippines at this time, or could be in the US under an alternative teaching visa: J-1 Cultural Exchange Teacher R-1 Religious/Private School Teacher F-1 Student utilizing OPT for Teaching Experience First, lets cover the three visa categories that can bring a teacher to the US: J1 Cultural Exchange Teacher: A popular visa for teachers, where the interview process is facilitated through a J1 Sponsor, and a visa is acquired relatively quickly at the US Embassy in Manila. A list of J1 Sponsors can be seen here: https://j1visa.state.gov/participants/how-to-apply/sponsor-search/ The biggest consequence for the J1 Visa is the 2-year home residency requirement that restricts other employment visas such as H-1B until EITHER you've returned home to the Philippines for 2 years or you've acquired a J1 Waiver. R1 Religious/Private School Teacher: Requires a religious private school, such as a catholic school, to sponsor. More information on a Catholic School (Philippines is predominately Catholic) teaching position can be seen here: https://www.fickeymartinezlaw.com/deeper-dive-r-1-catholic-teacher-positions-how-to-locate-possible-religious-education-employment F1 Student utilizing OPT for Teaching Experience: A student visa holder may be able to acquire the ability to work (aka Employment authorization Card or Optional Practical Training) for 1 to 3 years (depending on whether education was STEM or Non-STEM). This teaching experience is very beneficial for acquiring a H-1B teaching position after the OPT Period. Second, What are some tasks every Philippine Teacher should Consider? Credential Education: Our clients have had positive experiences working with World Education Services , International Education Evaluations , and Education Credential Evaluators . However, the National Association of Credential Evaluation Services (NACES) provides a list of qualifying companies: https://www.naces.org/members . A helpful note, USCIS requires applicants to provide evidence of all degrees, certifications, or licenses received, including specifically: (1) Transcripts, (2) Diplomas, (3) Degrees, and (4) Certificates. Study for the TOEFL: Study for the Test of English as a Foreign Language. Recommend reviewing a free study guide or practice tests. Study for the PRAXIS: The Praxis exam tests the knowledge and skills needed to teach in a specific subject area and grade level. The testing requirements may vary on the state you plan to teach in as well as the grade level or subject area you are seeking to teach. Lastly, how can a Philippine Teacher locate an H-1B Position? Ideally, you should look for Schools that have sponsored in the past. If they've done it in the past, they may be willing to sponsor again in the future. An unofficial (non-government website) list can be seen here: https://h1bgrader.com/job-titles/teacher-g101183607/lca/2025 (You can limit the list by Specific Teaching Position, by Year, and also by State) This should be the starting point of Philippine Teachers planning to acquire an H-1B Teaching Position in the United States.

For starters, in 2025, the DOS/NVC has created/provided a tool that has been recommended by the immigration industry for YEARS. The Tool Helps estimate when a visa interview will be scheduled. Seriously, this hasn't been a thing, a resource provided by the US Federal Government up to this point. However, before we get the end of the process, lets talk about the begining and middle, and how to interpret the "new tool." What are the overall Parts of the Process? From a general overview, the immigration process is broken into: Petition Phase at USCIS Transfer from USCIS to NVC and either a visa is immediately available or a Visa must be waited for according to the Visa Bulletin DS-260 Visa Application and I-864 Affidavit of Support filing at the NVC The Immigrant File is Documentarily Qualified (aka Documentarily Complete) at the NVC and the file sent to the Embassy/Consulate Immigrant Visa Interview Green Card Visa is printed, immigration to the US occurs, and a Green Card arrives in the mail in 3-4 months What Visa Visa Categories are covered by this new Tool? There are three main categories: Immediate Relative Visas Spouses of U.S. citizens Children (under 21 and unmarried) of U.S. citizens Parents of U.S. citizens Family-Sponsored Preference Visas Unmarried sons and daughters of U.S. citizens Spouses and children (under 21 and unmarried) of lawful permanent residents Unmarried sons and daughters (21 and older) of lawful permanent residents Married sons and daughters of U.S. citizens Siblings of adult U.S. citizens Employment-Based Preference Visas EB-1: Alien with extraordinary ability EB-1: Outstanding professor or researcher EB-1: Multinational executive or manager EB-2: Professional holding advanced degree EB-3: Skilled worker EB-5: Investor (employment creation)

Polygamy is not recognized in the United States. Polygamy is the historical custom or religious practice of having more than one wife or husband at the same time. It is also called plural marriage. When it is a man having multiple wives, the proper term is: Polygyny . When it is a woman having multiple husbands, the proper term is: Polyandry. Polygamy is illegal and a criminal offense in all fifty states of the US. As a similar note, Bigamy is the crime of being intentionally married to more than one spouse at a time. It is similar to Polygamy, except it focuses on the spouse that connects multiple marriages together. Bigamy is a Crime of Moral Turpitude that may permanently bar an immigrant from ever being able to Naturalize as a US Citizen. Should you apply for a Green Card, if you’ve practiced polygamy? No, if the subsequent marriage is being attempted to be the basis of a marriage-based Green Card filing, and no divorce(s) have occurred. Yes, if all prior marriages have been divorced, AND the marriage that is to be the basis of a marriage-based Green Card filing has been re-married. Should you apply for a Green Card, if you have committed bigamy? No, if the subsequent marriage is being attempted to be the basis of a marriage-based Green Card filing, and no divorce(s) have occurred. No, unless ABSOLUTE FULL DISCLOSURE is completed, zero omissions have occurred, and the adjudicating immigration officer at USCIS or DOS is able to review and decide on eligibility. Should you apply to naturalize if you’ve practiced polygamy? If you had practiced polygamy in the past, prior to coming to the United States, your history of polygamy should not be a barrier to becoming a U.S. citizen. However, if you have practiced polygamy within the U.S., you should not naturalize without first consulting with an immigration attorney. Polygamy is illegal; regardless if you've ever been charged or convicted. Denial is possible; which if there is a denial, deportation is a possibility. Should you apply to naturalize if you have committed bigamy? Depends! If you intentionally committed bigamy and used a bigamous marriage to apply, enter, or immigrate to the US, then NO! If your bigamy was accidental: examples: IF you believed your prior spouse was dead, but they turned out to be alive, or IF you believed that you were divorced, but the divorce filing was never finalized or were forged by the prior spouse THEN you may or may not (heavily depends on the facts) need to wait for five years from the time of the legal divorce to naturalize. You would still need to fully disclose the marital history in the N-400 application. However, the USCIS officer will consider whether you meet the good moral character requirement for naturalizing. 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 Philippines, a beautiful country with polite people, delicious food, and a positive culture. Marrying someone from the Philippines is wonderful! This article will discuss the two common questions: How does a US Citizen marry in the Philippines? How does the Philippine Spouse immigrate to the US? If you are interested in the US K-1 […] The post US Citizen’s Guide to Marrying in the Philippines and Immigrating a Philippine (Filipina) Spouse to the United States appeared first on Fickey Martinez Law Firm.

This article will cover specifically Catholics that are considering teaching for a Catholic School under the R-1 Visa for Religious Workers. Over the years, the following article has led numerous J1, F1, and H-1B Teachers to R-1 Teaching Positions: https://www.fickeymartinezlaw.com/r1-visa-for-school-teachers-at-religious-private-schools-an-alternative-to-the-h-1b-visa However, the common questions are always raised: How do I locate Openings at a Catholic School? There are many locations in which to find current availabilities. The primary source is the online listing for any given Dioceses. Our main office is located in NC, which the Charlotte and Raleigh Diocese availabilities can be seen here: https://dioceseofraleigh.org/employment https://charlottediocese.org/employment-opportunities/ N ational listings can be seen here: h ttps://www.catholicjobs.com/search/teacher https://jobsforcatholics.com/jobs/?q=teacher&l= https://careers.ncea.org/ What kind of Schools can Sponsor an R-1 Visa? Catholic schools have a very close connection with the local Parish/Catholic Church, and fall within the organizational structure of the local Dioceses. Now, it is important to note, not every Catholic School may be interested in sponsoring an R-1 Visa. If they have never sponsored before in the past, they may not want to begin now. However, as there is generally a teacher shortage in almost every state, Teachers are in high demand. For a Catholic School, the teacher would also have to be a Catholic/of the same denomination (which that is true for any catholic teacher position, whether hiring a US Citizen or for sponsoring a foreign national). What are the Requirements for the Teacher to Qualify? Yes, the Teacher must Generally: Prove belief in the Catholic Faith for at least 2 years prior to any R-1 Employment, which would be evidenced by certificates of Baptism, Confirmation, and Communion/Sacrament. If you do not have a Catholic Record/Certificate, they can be ordered from the local Parish anywhere in the world. Proof of weekly Mass Attendance, evidenced by support letter from the Priest. If attended Mass at multiple Parishes/Catholic Churches over the years, then evidenced by support letters from the respective Priests. Teacher Specific Items: Passing Score in the PRAXIS Credentialing of any and all education, Credentialing explained below Applying for Teacher Licensure in the state of employment Do you recommend any Credentialing Companies? Our clients have had positive experiences working with World Education Services , International Education Evaluations , and Education Credential Evaluators . However, the National Association of Credential Evaluation Services (NACES) provides a list of qualifying companies: https://www.naces.org/members . USCIS requires applicants to provide evidence of all degrees, certifications, or licenses received, including specifically include: (1) Transcripts, (2) Diplomas, (3) Degrees, and (4) Certificates. How Long is the R-1 Visa good for? 3 0 Months or 2.5 Years, and it can also receive a 30 Month/2.5 Year Extension. So, in total, the R-1 Employment can be as long as 5 years. Can an R-1 Teacher Position lead to a Green Card? Yes, it is very much possible and common, especially since there is always a shortage of teachers, and Catholic Teachers. Can a J1 that is Subject to the 2-Year Home Residency Requirement apply for an R-1? Yes, it is common for J1 Teachers that are subject to the 2-year Home Residency Requirement to pursue a non-disqualified teaching visa. A J-1 waiver can be applied for during the R1 Teaching period. Meaning, an R1 Visa does not have the same restrictions as an H1B Teaching Visa. Alternatively, the teacher can return to the home country every summer and long break, contributing to the 2-year Satisfaction. If a prior J1 spends 2 years back in their home country, a J1 Waiver would no longer be required as the restriction would have been satisfied. Again, if you send 3 months abroad between the J1 and R1 Employment, then 3 months every summer over the next 5 years, you would have about 18 out of 24 months already "satisfied." What Does the School Need to do? To summarize: Be Interested in sponsoring the visa, providing mandetory documentation, and paying the immigration fees. File Form I-129 on behalf of an alien seeking to enter the United States as a nonimmigrant minister, or a religious worker in a religious vocation or occupation. Provide Proof of Tax-Exempt Status/the IRS 5 01(c)(3) letter Documentation that establishes the religious nature and purpose of the organization, including, but not limited to: A copy of the organizing instrument of the organization that specifies the purposes of the organization; Organizational literature describing the religious purpose and nature of the activities of the organization; and A religious denomination certification, included as part of the Form I-129, Supplement R, stating that the petitioning organization is affiliated with the religious denomination. The religious denomination certification should be signed by an organization other than the petitioning organization, and attest that the petitioning organization is part of the same religious denomination as the attesting organization. Provide Proof of Salaried Compensation showing how the school intends to compensate the religious worker/teacher, including specific monetary or in-kind compensation. Provide Proof of Denominational Membership and Evidence Regarding the Prospective Position of the intended Visa Holder. 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.