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Marriage Based Green Card
There are several marriage based green card options for individuals who are already in the United States and this depends on marriage to a US citizen or marriage to a permanent resident, whether entered United States legally or illegally.
Eligibility Criteria:
In order to sponsor a spouse for a marriage based green card, the sponsors or the petitioners must be either US citizens or permanent residents. In addition to this, the sponsors must meet the following requirements.
- The sponsor and the immigrant must be legally married and must produce a valid marriage certificate. People who are not married will not be allowed to file this petition.
- The sponsor must be at least 18 years of age to be able to sign the affidavit of support
- Must provide few documents such as copy of immigrant’s passport, medical examinations and police clearances, proof of the sponsor’s citizenship, marriage certificate and if applicable must provide evidence of termination of previous marriage.
If the US citizen is living in the United States and petitions his or her spouse who is abroad, the process of obtaining a Green Card through marriage will approximately take 12 to 18 months. But if the US citizen spouse is living abroad with his or her spouse during the time of application, then a new Immigrant Visa can be secured in 16 weeks.
If the sponsor is a permanent resident of the United States, then he or she will have to be present in the United States at the time of the application. The sponsors will not be allowed to file petition while abroad. The processing time to obtain a green card through a permanent resident spouse may take a little longer when compared to that of a US citizen spouse.
The dependents of the immigrant who is under 21 years of age can be included in the green card petition only when they are provided 100% support by the immigrant spouse. The sponsor must file form I 130 to USCIS to petition for a green card for his or her spouse. Once the petition has been filed by the spouse in United States, USCIS will review the application and the supporting documents. If the petition is approved, the sponsor will receive a letter from the USCIS. The Department of State will then send a visa number to the immigrant and using the visa number the immigrant must apply for immigrant visa at the US consulate in his or her home country. If the immigrant is already in the United States in another non – immigrant visa, then he or she may file for adjustment of status to a permanent resident. Once the application is approved, the green card will be sent to the immigrant.
What Is INS Immigration Services?
The Immigration and Naturalization Service (INS immigration services) was formed on June 10, 1993. It had the supreme jurisdiction over matters regarding immigration and naturalization. It was the protector of the laws of naturalization and also dealt with the illegal entry into the US.
History of the INS immigration services
The Immigration and Naturalization Service (INS) was formed in 1933 as a result of a merger of the Bureau of Naturalization and Immigration. It was first under the control of the Department of Labor but was moved to the control of the Department of Justice in 1940 by the then US president Franklin Roosevelt.
It was after the US civil war that some states of the US began passing their own immigration laws. This led to the Supreme Court ruling of 1875 which stressed that immigration was the responsibility of the federal government. In 1891 the Immigration Act was passed which paved the way for the formation of an Office of the Superintendent of Immigration within the US treasury department. It had several Immigration Inspectors who monitored the applications of all immigrants seeking entry into the US. One can very well say that this was the early stages of the INS immigration services.
The US congress, in the early 1900’s, realized that immigration was not only concerned with the revenue but also with the commerce of the country. This led to the transfer of the Bureau of Immigration to the now defunct Department of Commerce and Labor. The flow of immigrants from Europe after the World War I was high and the Immigration Act of 1924 was passed to check this problem. The INS immigration services had several predecessors before it finally took shape as the INS.
Structure of the INS
The INS immigration services were headed by a commissioner who is appointed by the US president. The INS worked alongside with the UN, US department of State and the Department of Health and Human Services. The following four divisions shared the complex duties of the INS immigration services.
- Programs
- Field Operations
- Policy and Planning
- Management
Functions of the INS immigration services
The Programs and field operations division controlled the operational functions of the INS.
Programs division – Enforced immigration laws (arrest, Controlled, detained and deported illegal immigrants) and exams.
Field Operations division – Implemented immigration policies in its regional offices, oversaw the work of the International offices and offices in the US
The Policy and Planning and Management divisions took care of the managerial functions of the INS.
Policy and planning division – Co-ordinated all information and maintained communication with other government agencies and the public. It had three branches – Policy, planning division and Evaluation and Research center
Management Division – Maintained the Overall mission and the goals of the INS. This was done through the administrative authority of its many offices
What is the INS today?
On March 1, 2003 the INS ceased to exist under that name and most of its functions were transferred and shared between three newly formed components of the Department of Homeland Security. USCIS (US Citizenship and Immigration Services), ICE (US Immigration and Customs Enforcement) and CBP (US Customs and Border Protection) are the new structures designed to share the INS immigration services. This measure was the aftermath of the September 2011 terrorist attack. The US government brought in some very strict rules and regulations as a preventive measure to avoid any further terrorist assaults.
Immigration services like the permanent residence, naturalization, asylum etc. came under the responsibility of the Bureau of Citizenship and Immigration Services (BCIS). But this too underwent a name change and became the USCIS. ICE controlled the investigative and enforcement functions. CBP took care of the Border protection task.
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We help immigrants through the complex US Immigration & USCIS application process. Apply for US Immigration Services. Those who want to process their Greencard for children, Immigration INS application simple and quick online.