Tag: Immigrant Visa

Self-Reporting on the I-485: What Adjustment of Status Applicants Need to Know.

Self-Reporting on the I-485 blog post

When applying for a green card in the United States (U.S.), one of the most important steps is filing Form I-485, Application to Register Permanent Residence or Adjust Status. For many applicants, completing this form can feel overwhelming because it covers so many aspects of personal history, immigration status, and eligibility.

One area that often raises concern is the self-reporting question. This is the section where applicants must disclose past violations, arrests, or issues that may impact their eligibility.

Even if you have no criminal history, this part of the form can feel intimidating. Understanding what the government is asking, and how to answer truthfully, is critical to the success of your application.

What Is the Self-Reporting Question?

Form I-485 includes a series of inadmissibility-related questions. These ask about:

  • Past criminal conduct (arrests, charges, convictions, or citations)
  • Immigration violations (overstays, unauthorized work, misrepresentation)
  • National security or public safety concerns
  • Membership in certain organizations or participation in prohibited activities

The purpose of these questions is to give U.S. Citizenship and Immigration Services (USCIS) a complete picture of your background. In essence, the government is asking you to self-report anything in your history that might make you inadmissible to the U.S.

Why Full Disclosure Matters

It may be tempting to skip over uncomfortable details, especially if you think they are minor or unlikely to be discovered; however, failing to disclose can be far more damaging to your case than the underlying issue itself. As USCIS has extensive access to personal records such as fingerprints, background checks and prior visa applications, they may already know. Moreover, even small inaccuracies can be interpreted as fraud, which could bar you from getting a green card. Finally, honestly builds credibility and many applicants with minor past issues are still successful in adjusting status.

What If I Have Something to Report?

Not every disclosure will result in denial. USCIS considers context, severity, and whether you are eligible for a waiver of inadmissibility. Some common examples:

  • Traffic citations: Minor tickets may not affect eligibility, but they should still be reported.
  • Misdemeanor arrests: Some may trigger inadmissibility, while others may not. An immigration attorney can help you evaluate.
  • Immigration overstays: In certain circumstances, exceptions or waivers may apply.
  • Unauthorized work: This can be forgiven in certain family-based cases.

What matters most is providing a truthful account along with supporting documentation such as certified court records, dispositions, and proof of rehabilitation.

How an Immigration Attorney Can Help

The self-reporting section is one of the most high-stakes parts of Form I-485. Answering incorrectly, or without proper legal context, can delay your case or even result in denial. An experienced immigration attorney can:

  • Review your history to identify what must be reported.
  • Assess risk factors to determine if past issues make you inadmissible.
  • Prepare waivers if needed to overcome potential bars to adjustment.
  • Present your case strategically, highlighting positive factors such as family ties, employment, and community contributions.

Final Thoughts

The self-reporting question on Form I-485 is not meant to intimidate you, but it is a serious part of your green card application. By understanding what USCIS is asking, disclosing your history honestly, and seeking professional legal guidance, you can avoid unnecessary pitfalls and put your application on the strongest possible footing.

If you are concerned about how to answer these questions, or if you have a past issue you’re unsure how to report, our firm is here to help. You may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

How do I withdraw a petition or application with USCIS?

Withdraw an immigration petition or application with USCIS blog post

How do I withdraw a petition or application with USCIS?

Sometimes, after an individual has submitted an application or petition to U.S. Citizenship and Immigration Services (USCIS), their plans change, and they want to withdraw it. If you need to withdraw an application or petition that you submitted to USCIS, then it is important to follow the correct procedures to avoid complications.

Why Would Somone Decide to Withdraw a Petition or Application with USCIS?

There are several common scenarios in which someone might decide to withdraw an application or petition. For example:

  • A petitioner decides not to sponsor a relative for a green card.
  • An applicant receives an offer they no longer wish to pursue.
  • A job offer tied to an employment-based visa is no longer valid.
  • You have decided to file in a different visa category.

Whatever the reason, withdrawing the application or petition must be done thoughtfully and carefully.

Who Can Make a Request to Withdraw a Petition or Application with USCIS?

It is important to note that only the person or entity that signed and submitted the application or petition can request a withdrawal. For example:

If your attorney or accredited representative has submitted a request on your behalf and has a valid G-28 on file, then they can also submit the request to withdraw.

How do I Request to Withdraw a Petition or Application with USCIS?

USCIS does not have a form for withdrawing most types of applications or petitions. Instead, you will typically need to write a letter that includes the following information:

  • Your full name and alien registration number (A-Number), if applicable
  • Receipt number of the petition or application you want to withdraw
  • Date of submission and the form type (e.g., I-130, I-485, I-140)
  • A clear statement requesting withdrawal of the specific application or petition
  • Signature of the person who filed the application
  • Mailing address and contact information

It is very important to send the withdrawal request to the USCIS service center or office that is currently processing your case. You can find this information on the receipt notice (Form I-797) you received when the application or petition was accepted.

Important Considerations

  • Once a withdrawal is processed, it cannot be undone. If you change your mind later, you most likely will need to refile and pay the fees again.
  • You won’t get a refund of any fees paid, even if the application is withdrawn before being processed.
  • USCIS is likely to use your records in future immigration decisions.
  • If you’re in the U.S., withdrawing an application like Form I-485 (adjustment of status) could affect your legal status, so it is of the utmost importance that you understand the immigration consequences before proceeding.

How to Confirm a Withdrawal

Once your withdrawal request has been processed, then USCIS may send you a written acknowledgment, but not always. If you don’t receive confirmation after a reasonable period (e.g., 30–60 days), you may want to contact USCIS via:

  • Online tools: Use your USCIS online account or Case Status tool.
  • Phone: Call the USCIS Contact Center at 1-800-375-5283.

Final Thoughts

Withdrawing an immigration petition or application is a serious step that can have a lasting impact on the petitioner or applicant. If you are unsure of how a withdrawal may impact your situation, then you should consult with an immigration attorney. This is especially important if you’re in the middle of a status change or other legal proceedings.

If you would like additional information on how to withdraw an immigration application or petition, you may register for a consultation by calling 970-680-1223/+41 (0)78 248 26 28 or scheduling an appointment online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

July 22, 2025

How to Prepare for a Marriage-Based Green Card Interview in 7 Steps

This article will you give you tips and will help you prepare for your marriage-based green card interview with USCIS.

Couple being interviewed for a marriage based green card.

If you have filed for a marriage-based green card and have received a notice to appear for an interview with the United States Citizenship and Immigration Services (USCIS), you and your spouse may be feeling quite nervous. This article will help you prepare for that interview by outlining AVA Global’s key steps and tips for a successful marriage-based green card interview.

Step 1: What is the Purpose of the Interview?

If you have been called in for an interview, then the primary goal is for the USCIS officer to evaluate the authenticity of your marriage and assess whether you are eligible for a green card. It is important to remember that the officer will be on the look out for marriage fraud, so s/he will want to ensure that your marriage is genuine and was not entered into solely for immigration benefits. The USCIS will evaluate your relationship through your testimony, documentation, and overall demeanor; therefore, demonstrating an authentic and committed relationship is absolutely critical to the success of your green card application.

Step 2: Gather Essential Documentation

When you are notified, via mail, that you need to appear for an interview, there will be an extensive list of evidence included on the notice that USCIS will expect you to bring. We highly recommend that you organize those items in a binder and familiarize yourself with where they are located so you can easily access them during the interview. The following list of documents are commonly requested, but please note that you should carefully read your interview notice to ensure that you bring everything the government requests.

  1. Government-Issued IDs: You should bring a government-issued ID, including passports, driver’s licenses, and any work permits that have been issued.
  2. Original Documents: You most likely submitted copies of original documents, so you should bring the originals to the interview, including birth certificates, marriage certificate, and any prior divorce decrees.
  3. Proof of Bona Fide Marriage: You may have submitted evidence that your marriage was bona fide with your application, but it is important to bring updated evidence such as joint bank statements, your most recent tax return showing you filed married, a joint lease, mortgage or title, joint insurance policies, photographs of important milestones, joint travel itineraries, birth certificates of your children and anything else that shows you live a joint life, together.
  4. Forms: Bring a copy of all the forms and evidence that was submitted for your green card application.

Step 3: Carefully Review Your Application

It is important to note that any discrepancies can cause red flags, so it is imperative that you and your spouse carefully review the application that you submitted for the green card application. Go through the supporting documents one by one and make sure you are familiar with all the details, including the timeline of your relationship, key dates and other personal information.

Step 4: Prepare and Practice Answering Questions about your Relationship and Future

USCIS officers often ask detailed questions to confirm the authenticity of your marriage. Sometimes, they can come across as a bit aggressive and ask the same question in a few different ways to assess your body language and ensure that your story does not change. Remember, they are on the lookout for fraud, so it is essential that you are prepared to answer questions about your relationship, including:

  • How did you meet each other?
  • Where was your first date?
  • How did you fall in love?
  • How did the engagement proceed?
  • What sort of wedding ceremony did you have?
  • What is your relationship like with other members of your family and friends?
  • What is your daily routine like?
  • What are your future plans?

While it is not possible to predict every question, practicing answering questions with your spouse can help you feel more prepared and at ease during your interview.

Step 5: The Interview Details

Double check that you know the exact date, location and time of your interview and that you have the interview notice as well as all the documents requested. If you need a translator, then make sure you make arrangements to bring one that complies with USCIS guidelines.

We highly recommend arrived at least 30 minutes before your interview time as you will need to go through security and check in procedures. It is also important to dress appropriately to convey respect and professionalism.

Step 6: The Interview

Usually, the interview will begin with you and your spouse being interviewed together. If the officer suspects marriage fraud, then they may separate you and interview each of you on your own. If you don’t know an answer to the officer’s question, then it’s better to say that rather than to guess or provide inaccurate information.

The officer will not only listen to your answers, but s/he will also pay attention to your body language. Be sure to make eye-contact and be respectful at all times.

Sometimes, certain factors, such as an age gap, cultural or religious differences or short dating periods, may prompt additional scrutiny from the officer. Be prepared to sincerely explain the circumstances surrounding any of these issues.

Step 7: After the Interview

At the end of the interview, the USCIS officer may provide immediate feedback or inform you that further review is needed. If additional documents are requested, it is important to respond promptly. Processing times very, so be patient while you wait for a response and understand that most notices will come via mail.

If you’re uncertain about any aspect of the interview process or your case involves unique challenges, consulting with an experienced immigration attorney is highly recommended. An attorney can help you identify potential issues, provide mock interview preparation, and guide you through the process. At AVA Global, we include thorough interview preparation as part of our full-service marriage-based green card package.

You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of December 2, 2024

What are Marriage Bona Fides for a Green Card and How do I Prove My Marriage is Real?

Shadow of a couple getting married

If you and your spouse have applied for a Marriage-Based Green Card, either through an adjustment of status or consular processing, then one of the most important steps is proving that your marriage is bona fide. This means that you must show that the marriage is genuine and was not entered into for the sole purpose of obtaining immigration benefits.

Here at AVA, we are often asked how one goes about proving that their marriage is legitimate. In this article, we will explain what marriage bona fides are, why they matter in the green card application process, and how you can demonstrate that your marriage is real.

What are “Marriage Bona Fides?”

“Bona fide” means “genuine” or “real” in Latin. If you have applied for a Marriage-Based Green Card, then proving your marriage is bona fide means providing evidence that shows that the relationship is authentic. USCIS requires this evidence to ensure that the marriage was not entered into solely for the purpose of evading United States immigration laws.

A bona fide marriage is a marriage where the couple shares a genuine life together, which includes showing the emotional, physical and financial arrangements in the marriage. USCIS is always on the lookout for marriage fraud and takes it very seriously. In fact, submitting a fraudulent marriage application can lead to severe consequences, including green card denial, fines and even deportation.

The Importance of Marriage Bona Fides

USCIS uses marriage bona fides as a way to ensure that foreign nationals are not using fraudulent marriages to obtain Green Cards. Fraudulent marriages undermine the integrity of the U.S. immigration system and can have serious national security and legal implications.

When you apply for a marriage-based green card, USCIS will scrutinize your relationship to make sure it’s authentic. This often involves a detailed review of the couple’s personal history, their living situation, and the depth of their relationship. USCIS  wants to ensure that each marriage based green card is issued for a legitimate relationship; therefore, they will scrutinize the evidence provided and sometimes require the couple to attend in in-person interview.  

Proving a Marriage is Bona Fide

To establish that your marriage is authentic, you will have to provide a variety of evidence. We typically include at least five of the following:  

  1. Joint Financial Documents
    • Joint bank accounts
    • Joint tax returns
  2. Insurances
    • Shared health insurance policies
    • Shared car insurance policies
    • Shared rental insurance policies
    • Shared life insurance policies
    • Shared homeowners’ insurance policies
  3. Photos Together
    • Dated photographs of the couple at family gatherings, holidays, vacations, or everyday life, especially those with friends and family who can attest to the authenticity of your relationship.
    • Wedding photos
  4. Correspondence and Communication
    • Emails, texts, or social media posts between you and your spouse that show the evolution of your relationship and the ongoing communication between you.
  5. Affidavits from Friends and Family
    • Written statements from people who have known both of you during your relationship and can confirm that your marriage is genuine.
  6. Travel and Vacation Records
    • Travel itineraries showing both names
    • Tickets in both names
    • Hotel bookings with both names
  7. Children’s Birth Certificates
    • If applicable, birth certificates for any children born to the couple can serve as strong evidence of a genuine, ongoing relationship.
  8. Proof of Cohabitation
    • Joint utility bills
    • Property deeds or residential leases showing both spouses’ names
    • Any evidence of joint accounts, like Netflix or Amazon
  9. Personal Testimony
    • A detailed declaration of how you met, fell in love, got married and future plans.

What Happens if USCIS Doubts Your Marriage?

If USCIS believes that your marriage is not genuine, they may issue a Request for Evidence (RFE) to ask for additional evidence. They also can schedule an in-person interview to assess the validity of your marriage. If they determine your marriage is fraudulent, your green card application will likely be denied, and you may face deportation or other legal penalties.

Marriage bona fides are a critical component of the green card application process and it is important to carefully prepare the evidence you will submit to show that your relationship is legitimate.

If you would like assistance preparing a Marriage-Based Green Card application, our attorneys would love to meet with you. You can schedule a consultation here. Our U.S. immigration lawyers are licensed to practice U.S. immigration law in all 50 states and at U.S. consulates and embassies around the globe!

Please be advised that this information is not legal advice. For advice specifically tailored to your situation, schedule a consultation.

Current as of November 5, 2024

A Guide to the 2026 Green Card Lottery

Graphic of a wheel showing the US Green Card Lottery

The Green Card Lottery, also known as the Diversity Immigrant Visa (DV) Program, is a potential pathway to a green card for individuals who seek to immigrate to the United States (U.S.) from countries with historically low rates of immigration. The application process for the 2026 lottery is currently underway. If you plan to apply for the Green Card Lottery this year, then this article will help you understand the program’s intricacies, eligibility criteria, and application process.

What is the Green Card Lottery?

The Immigration Act of 1990 established the DV Program in order to enhance the U.S.’s diverse immigrant population. Each year, the program allocates 50,000 immigrant visas to individuals from qualifying countries with the idea of promoting a rich tapestry of cultures and backgrounds. This initiative serves to benefit foreign nationals who seek a new in America while also enriching the U.S.

Who is Eligible for the Green Card Lottery?

To apply for the 2026 Green Card Lottery, applicants must meet specific eligibility requirements:

  1. Country of Origin: Applicants must be from a qualifying country. In general, countries that have had fewer than 50,000 people immigrate to the U.S. in the last five years are eligible. This means that foreign nationals from countries like India, China, and Mexico are usually not eligible to participate due to higher immigration rates. For a complete list of eligible countries, please see the 2026 Instructions from the Department of State.
  2. Educational and Work Experience: The second requirement is that applicants must either possess a high school diploma or its equivalent or have at least two years of work experience in a profession that requires two years of training. These requirements are meant to ensure that individuals who immigrate to the U.S. through the DV program can contribute positively to the U.S. workforce.

Submitting a Green Card Lottery Application

The application for the 2026 Green Card Lottery will be conducted online, and understanding the process is crucial for success. Here’s a breakdown:

  1. Registration Period: The registration period opened October 2, 2024 and closes on November 5, 2024.
  2. Application: To apply, eligible foreign nationals must complete the online application form (DS-5501). Please note that this form should be completed thoroughly and accurately as any discrepancies could disqualify the applicant.
  3. Photograph: A recent photograph is mandatory and applications that do not comply with the requirements could be disqualified. The photo must be in color, taken within the last six months, and feature the applicant’s full face against a plain background. Eye-glasses are not allowed.
  4. Confirmation of Submission: After submitting the application, applicants will receive a confirmation number. It is important that you keep this number in a safe place as it is required to check the status of the application. You will not be notified is you are or are not selected and must actively check the status of you application.

What to do if you Win the Green Card Lottery

The Green Card Lottery winners are chosen through a random drawing. Results of the lottery are usually posted in early May of the following year. Winners must typically:

  1. File a Visa Application: Green Card Lottery winners must file a visa application (DS-260) and prepare for an interview at a U.S. embassy or consulate.
  2. Documentation: It’s essential to gather required documentation, including proof of education or work experience, a valid passport, and any necessary police certificates.
  3. Medical Examination: Green Card Lottery winners will need to obtain a medical examination by an approved physician.

Additional Considerations

The Green Card Lottery is highly competitive. In fact, millions of foreign nationals apply for it each and every year. In order to present to stay prepared, you should keep the following in mind:

  • Stay Informed: Regularly check the U.S. Department of State website for updates regarding eligibility and application dates.
  • Seek Professional Guidance: Immigration laws can be complex and ever-changing. Consulting with an immigration attorney can provide valuable insights and ensure your application is properly submitted.
  • Avoid Scams: Be wary of websites and services that charge filing fees to submit your application as the initial application is free to file.

The 2026 Green Card Lottery is an incredible opportunity for foreign nationals to pursue their American Dream. If you would like to discuss whether you are eligible to file an application for the 2026 Green Card Lottery, our experienced immigration law team is here to assist. You may register for a consultation by calling 970-680-1223 or scheduling online. Our U.S. immigration attorneys are licensed to practice immigration law in all 50 states and at consulates and embassies all over the world.

**Please note this is not legal advice and engagement with this post does not create an attorney/client privilege. For specifically tailored legal advice, schedule a consultation.

Current as of October 14, 2024

Elements and Overview of the EB-5 Investor Visa

The US EB-5 Investor Visa is for foreign entrepreneurs who can invest the required amount in a new commercial enterprise and can lead to a green card.

EB-5 Investor Visa

Are you dreaming of investing in the “American Dream?” If the answer to that question is “YES!” then the EB-5 Investor Visa may be the right option for you. Although both the E2 and EB-5 Investor Visas were established to spur economic growth and create jobs, only the EB-5 provides a pathway to permanent residency for foreign investors and their families. If you believe you already qualify for an EB-5 visa, click here to schedule a consultation; however, if you would like to get a better understanding of what the EB-5 visa entails, then keep reading!

Elements of an EB-5 Investor Visa 

The EB-5 Investor Visa program is designed to attract foreign capital by encouraging investments in new commercial enterprises that create jobs for U.S. workers.  The government views the EB-5 as having three main elements:

  1. The immigrant’s investment of capital;
  2. in a new commercial enterprise;
  3. that creates 10 jobs per investor.

Of course, proving each of these elements requires different evidence.  

  1. Investment Amount:
    • To qualify, investors must make a capital investment of at least $1,050.00 in a new commercial enterprise; however, if the investment is located in a targeted employment area (TEA), where unemployment is high, the minimum required investment is reduced to $800,000.
  2. Job Creation:
    • One of the primary goals of the EB-5 program is to stimulate job growth. Investors must demonstrate that their investment results in the creation of at least 10 full-time jobs for qualifying U.S. workers within two years of obtaining conditional permanent residency.
  3. Source of Funds:
    • USCIS requires investors to prove that their investment funds are obtained legally. A comprehensive documentation process is necessary to establish the legitimate source of funds used for the investment.
  4. Conditional Permanent Residency:
    • Successful EB-5 applicants, along with their immediate family members, receive conditional permanent residency in the United States. This status is granted for a period of two years and can later be converted into unconditional permanent residency.

Important Steps to Obtain an EB-5 Investor Visa

The steps below are important milestones in the EB-5 visa application process.  Consult a licensed US immigration attorney to thoroughly review all the steps necessary.

  1. Research and Consultation:
    • We recommend that you begin by thoroughly reading the USCIS requirements for the EB-5 program. It’s always a good idea to schedule a consultation with licensed US immigration attorneys to gain a comprehensive understanding of the process.
  2. Identify a Suitable Investment:
    • Choose a new commercial enterprise that aligns with the EB-5 program requirements. This can involve starting a new business, expanding an existing one or revitalizing a struggling enterprise.
  3. Financial Planning:
    • Evaluate your financial capabilities and ensure you have the minimum required investment amount. Work with financial advisors to organize and document the source of your funds to meet USCIS requirements.
  4. File Form I-526:
    • The initial application involves filing Form I-526, Immigrant Petition by Alien Entrepreneur, with USCIS. This petition provides detailed information about your investment, business plan, and the source of funds. USCIS will review this petition to determine eligibility.
  5. Conditional Permanent Residency:
    • Upon approval of Form I-526, investors and their eligible family members can apply for conditional permanent residency by filing Form I-485 with USCIS or through consular processing.
  6. Removal of Conditions:
    • 90 days before the second anniversary of receiving conditional permanent residency, investors should file Form I-829 to remove the conditions and obtain unconditional permanent residency. If you have not met all the conditions, speak with a licensed immigration attorney ASAP!

Embarking on the EB-5 Investor Visa journey requires careful planning, meticulous documentation and legal expertise. If you’re considering the EB-5 program or have questions about your eligibility, contact the passionate attorneys at AVA Global today for personalized assistance on your path to obtaining the American Dream!

Current as of March 6, 2024.

**This post is not legal advice nor does engagement with this post create an attorney/client relationship.