Adjustment of Status: Green Card Law Changes

US Immigration Dublin Denied Visa

Laws change all of the time… so what right?


US Immigration Laws are very strict and must be followed closely.  “Googling” is great when you want to bake a cake, the recipes rarely change, and if the do following an old recipe could even work out for the best!  With regards to US Immigration law, the opposite is true, especially with the many changes being made under the Trump administration pertaining to visas and green card laws.

You must have updated information at your disposal and closely follow the guidance given to you by our attorneys; due to the ever-changing nature of US immigration law. Failing to abide by current US Immigration laws, whether due to misinformation found online or old information provided by a reliable source can prove extremely detrimental.

So, what has changed about the green card laws? What’s the big deal?

Before we explain the changes you need to first understand where all of this is coming from. For more information on this click here to listen to a recent radio interview where Atty. Caro Kinsella spoke with Mary Wilson RTE Radio 1 news about this Green Card law change.

Understanding FAM guidelines and how they affect Green Card Processing in the USA:  
FAM(Foreign Affairs Manual)  changed their guidelines in September 2017  with regards to adjustment of status. FAM guidelines technically have to do with US consular posts (Department of State DOS) issues and people entering the United States, however, it is anticipated that USCIS may adopt these new FAM rules as they have done so in the past.

What is the new law/guideline? Who does it affect?

The new law states that if you enter the United States  for example under a non-immigration visa such as a tourist visa (B2 or B1/B2) or a visa waiver (also called ESTA, known as the “90 day visa” or “90 day visa waiver”) and you marry a US Citizen within 90 days and/or you further adjust your status (file for your green card inside the United States within the 90 days) then USCIS can deny your green card application on grounds of fraud/misrepresentation.


What to do?

If you or someone you know has entered the US and married or plans to get married to a US Citizen contact our office without delay and speak with Atty. Caro. Learn your rights and understand your options.