Deerfield Employment Law Firm

B-2 Tourist Visa Entry | Two Prior Divorces | Married a U.S. Citizen Three Months After Entry | Marriage-Based Green Card Approved in Three Months

Fri, 24 Jul 2026 17:40:25 GMT

B-2 Tourist Visa Entry | Two Prior Divorces | Married a U.S. Citizen Three Months After Entry | Marriage-Based Green Card Approved in Three Months

Facts

Entered the United States on a B-2 tourist visa. Previously divorced twice. Married a U.S. citizen three months after entry. Filed for a marriage-based green card.

Timeline

Entered on B-2 visa
Married U.S. citizen after three months
Filed marriage-based green card application
Green card approved three months after filing

F-4 Petition Denied for 12 Years | Motion to Reopen Granted | Petition Approved

Fri, 24 Jul 2026 17:38:05 GMT

F-4 Petition Denied for 12 Years | Motion to Reopen Granted | Petition Approved

Spousal Petition Approved In Just 1 Month And 27 Days

Thu, 23 Jul 2026 20:08:04 GMT

Spousal Petition Approved In Just 1 Month And 27 Days

Is There Hope For Changing The Outcome After A Petition Was Denied For 12 Years?

Mrs. L’s F-4 petition, was initially filed by her US citizen sister in 2007, languished without a response from the USCIS for 12 years. The family sought assistance from the Law Office of Linda J. Lin, P.C. , who delved into the case. FOIA records obtained by the legal team revealed that in 2010, the USCIS had issued a Request for Evidence (RFE), a pivotal step in the immigration process. Unfortunately, Mrs. L’s sister never received the RFE, rendering her unable to respond to it.

In the same year, the USCIS denied the petition, citing abandonment due to failure to respond to the RFE.

Despite more than a decade passing after the denial, the legal team decided to advocate for the family’s cause.

In 2022, our office requested that the USCIS reopen the proceeding or reconsider the decision on its own motion, arguing that the case should not have been denied. In 2023, the USCIS approved the Motion to Reopen/Reconsider, ultimately granting Mrs. L’s F-4 petition.

Reopening a decades-old deportation case

Thu, 23 Jul 2026 20:05:12 GMT

Reopening a decades-old deportation case

From ICE Detention to a Second Chance: Case Success Story

Think a decades-old deportation order is impossible to overturn—especially with a criminal record and prior denied motions? Think again.

In this video, we break down a recent real-world success story where an Immigration Judge reopened a 1995 removal order for a client facing active ICE detention. Learn how our office successfully utilized a sua sponte motion to reopen by proving exceptional circumstances, long-term rehabilitation, and a path to a green card through an approved marriage petition.

If you or a loved one are facing a complex immigration battle, this case proves that it is never too late to fight.

What Supporting Documents Should You Bring to a Visa Interview?

Fri, 17 Jul 2026 16:01:07 GMT

What Supporting Documents Should You Bring to a Visa Interview?

Applying for a U.S. visa involves more than completing forms and scheduling an interview. One of the most important steps is gathering the right supporting documents before meeting with a U.S. consular officer. Missing or incomplete paperwork can delay your application or require additional processing.

At Law Office of Linda J. Lin , we provide legal assistance to immigrants seeking to come to or remain in the United States. Understanding what documents to bring to your visa interview can help you approach the process with greater confidence and reduce the risk of unnecessary delays.

Why Supporting Documents Matter

During your visa interview, the consular officer reviews your application and supporting evidence to determine whether you qualify for the visa you are requesting. While the required documents vary depending on the visa category, having organized and complete records demonstrates that you are prepared and helps the officer verify the information you provided in your application.

Even if some documents are not specifically requested, bringing additional evidence that supports your case may be beneficial.

Essential Documents for Most Visa Interviews

Most applicants should be prepared to bring the following items:

A valid passport with sufficient validity beyond your intended stay
Your visa appointment confirmation
The DS-160 confirmation page (or other required application confirmation)
Passport-sized photographs that meet U.S. visa requirements
The visa application fee receipt, if applicable
Any correspondence from the U.S. embassy or consulate requesting additional documents

Before your appointment, review the specific instructions provided by the U.S. embassy or consulate where your interview will take place, as requirements can vary by location.

Documents That Depend on Your Visa Type

Different visa categories require different supporting evidence.

Family-Based Immigration

Applicants may need to provide:

Birth certificates
Marriage certificates
Divorce decrees, if applicable
Affidavits of Support (Form I-864)
Financial records from the sponsoring relative
Proof of the qualifying family relationship

Employment-Based Visas

Employment-related applicants often need:

Job offer letters
Employment contracts
Labor certification documents, if required
Educational diplomas and transcripts
Professional licenses or certifications
Resume or curriculum vitae

Student Visas

Students should generally bring:

Form I-20
SEVIS fee payment receipt
Acceptance letter from the educational institution
Academic transcripts
Standardized test scores, if applicable
Financial documents showing the ability to pay tuition and living expenses

Visitor Visas

Applicants seeking visitor visas may be asked to present:

Proof of employment
Bank statements
Travel itinerary
Evidence of ties to their home country
Invitation letters, when applicable

Financial Documentation May Be Important

Many visa categories require applicants to demonstrate financial stability or sufficient support during their stay in the United States.

Helpful financial documents may include:

Recent bank statements
Tax returns
Pay stubs
Employment verification letters
Affidavits of financial support
Proof of assets or investments

The exact documentation needed depends on your visa classification and personal circumstances.

Original Documents and Certified Copies

Whenever possible, bring original documents. If originals are unavailable, certified copies are often acceptable. In many cases, you should also carry photocopies in case the consular officer requests to retain certain records.

If your documents are not in English, certified translations may be required. Always verify translation requirements before your interview date.

Organize Your Documents Before the Interview

Being organized can make your interview smoother and less stressful. Consider arranging your documents into clearly labeled folders or sections, such as:

Identification documents
Application forms
Financial records
Civil documents
Employment or education records
Supporting evidence specific to your visa category

This preparation allows you to quickly locate documents if the officer requests them.

What Happens if a Document Is Missing?

If you arrive without required documentation, your application may not be approved immediately. In some situations, the consular officer may request additional evidence before making a final decision. This can result in administrative processing or delays in receiving your visa.

Reviewing the document checklist well before your interview can help avoid these setbacks.

How Legal Guidance Can Help

Visa applications often involve unique circumstances, including prior immigration history, financial questions, family relationships, or employment documentation. Preparing the appropriate evidence before your interview can improve the overall application process.

At Law Office of Linda J. Lin , we assist immigrants throughout the United States with visa-related matters by helping clients understand documentation requirements, prepare supporting materials, and address questions that may arise during the immigration process. If you have concerns about your upcoming visa interview or need assistance with your immigration case, speaking with an experienced immigration attorney can help you move forward with greater confidence.

What Happens After Your Green Card Is Approved?

Fri, 26 Jun 2026 19:03:29 GMT

What Happens After Your Green Card Is Approved?

Receiving approval for your Green Card is a significant milestone in your immigration journey. Becoming a lawful permanent resident of the United States provides greater stability, more employment opportunities, and the ability to build a long-term future in the country. However, approval is not the final step. There are important responsibilities and decisions that come after obtaining permanent resident status.

At Law Office of Linda J. Lin , we provide legal assistance to immigrants throughout the United States. Whether you have recently received your Green Card or are preparing for the next stage of your immigration journey, our team can help you understand your rights and responsibilities.

Receiving Your Green Card

After your application is approved, U.S. Citizenship and Immigration Services (USCIS) will typically mail your Permanent Resident Card to the address listed on your application. In most cases, the card arrives within a few weeks after approval.

When your Green Card arrives, carefully review it to ensure that your:

Name is spelled correctly.
Date of birth is accurate.
Category of residency is correct.
Expiration date is accurate.

If you notice any errors, it is important to address them with USCIS as soon as possible.

Understanding Your Rights as a Permanent Resident

A Green Card grants many valuable rights, including the ability to:

Live permanently in the United States.
Work legally for most employers.
Travel outside the United States under certain conditions.
Sponsor certain family members for immigration benefits.
Apply for U.S. citizenship if you meet the eligibility requirements.

Although permanent residency provides many protections, it is different from citizenship. Permanent residents remain subject to U.S. immigration laws and can lose their status under certain circumstances.

Keep Your Green Card Safe and Updated

Your Green Card serves as proof of your lawful permanent resident status.

You should:

Carry proof of your permanent resident status when required.
Renew your Green Card before it expires.
Replace it if it is lost, stolen, or damaged.
Notify USCIS if you move to a new address.

Failing to maintain accurate records may create unnecessary complications in the future.

Maintain Your Permanent Resident Status

Receiving a Green Card comes with ongoing responsibilities.

Permanent residents should:

Obey all federal, state, and local laws.
File U.S. income tax returns.
Register for Selective Service if required.
Avoid actions that could negatively affect immigration status.

Certain criminal convictions or immigration violations may place permanent resident status at risk.

Be Careful When Traveling Abroad

Many permanent residents enjoy the freedom to travel internationally, but extended trips outside the United States can create immigration concerns.

Generally, lengthy absences may lead immigration officials to question whether you intended to permanently reside in the United States. Before planning long trips abroad, it is wise to understand how travel could affect your status.

If you expect to remain outside the country for an extended period, legal guidance can help you avoid unnecessary complications.

Understand Conditional Permanent Residence

Some individuals receive a conditional Green Card , usually through marriage or certain investment-based immigration programs.

Conditional Green Cards are generally valid for two years instead of ten. Before the card expires, you must file the appropriate petition to remove the conditions on your residency.

Missing this deadline can jeopardize your permanent resident status, making timely action essential.

Begin Planning for U.S. Citizenship

For many immigrants, permanent residency is an important step toward becoming a U.S. citizen.

Depending on your circumstances, you may become eligible to apply for naturalization after maintaining permanent resident status for a certain period while meeting additional legal requirements.

Citizenship offers benefits such as:

The right to vote.
Eligibility for a U.S. passport.
Greater protection from removal proceedings.
The ability to sponsor additional family members.

Planning ahead can help ensure you meet all eligibility requirements when the time comes.

Know When Legal Assistance Can Help

Even after your Green Card is approved, immigration issues can arise. You may have questions about renewing your card, international travel, sponsoring family members, removing conditions on residency, or preparing for citizenship.

At Law Office of Linda J. Lin , we help immigrants understand each stage of the immigration process. Whether you are protecting your permanent resident status or planning for naturalization, we are committed to providing knowledgeable legal guidance tailored to your situation.

A Step-by-Step Guide to Applying for Naturalization in the United States

Thu, 21 May 2026 04:00:55 GMT

A Step-by-Step Guide to Applying for Naturalization in the United States

Becoming a U.S. citizen through naturalization is an important milestone for many immigrants. While the process can seem complex, understanding each step can help you move forward with confidence. At the Law Office of Linda J. Lin, we provide guidance to individuals navigating the naturalization process in the United States.

Determine Your Eligibility

Before applying, you must confirm that you meet the basic eligibility requirements. Generally, applicants must:

Be at least 18 years old
Be a lawful permanent resident (green card holder) for a required period (usually 5 years, or 3 years if married to a U.S. citizen)
Demonstrate continuous residence and physical presence in the U.S.
Show good moral character
Be able to read, write, and speak basic English (with some exceptions)
Pass a civics test on U.S. history and government

Understanding whether you qualify is the first and most important step.

Complete and File Form N-400

The next step is to complete Form N-400, Application for Naturalization. This form requires detailed information about your background, residence, employment, and travel history.

You can file the application online or by mail. Be sure to include all required documentation and pay the applicable filing fees. Errors or missing information can delay your case.

Attend Your Biometrics Appointment

After submitting your application, you will receive a notice for a biometrics appointment. During this appointment, U.S. Citizenship and Immigration Services (USCIS) will collect your fingerprints, photograph, and signature.

This information is used to conduct a background check and verify your identity.

Complete the Naturalization Interview

Once your application has been reviewed, you will be scheduled for an interview with a USCIS officer. During the interview:

Your application will be reviewed
You will answer questions about your background
You will take the English and civics tests (if required)

Preparation is key to feeling confident and performing well during this stage.

Receive a Decision from USCIS

After your interview, USCIS will make a decision on your application. The possible outcomes include:

Approval
Request for additional evidence
Continuation (if you need to retake a test or provide documents)
Denial

If approved, you will move on to the final step in the process.

Take the Oath of Allegiance

The final step is attending a naturalization ceremony, where you will take the Oath of Allegiance to the United States. Once you take the oath, you officially become a U.S. citizen.

You will also receive your Certificate of Naturalization, which serves as proof of your citizenship.

How Legal Guidance Can Help

Applying for naturalization involves multiple steps and strict requirements. Even small mistakes can lead to delays or denials. Legal guidance can help ensure your application is accurate, complete, and properly supported.

At the Law Office of Linda J. Lin, we assist immigrants throughout the naturalization process, helping them understand their options and prepare strong applications.

Immigration Judge Reopens Decades-Old Deportation Case Despite Prior Removal Order and Criminal Record

Mon, 18 May 2026 15:15:44 GMT

Immigration Judge Reopens Decades-Old Deportation Case Despite Prior Removal Order and Criminal Record

Can an old deportation case still be reopened after prior motions to reopen, a criminal record, and decades under a final removal order?

In some situations, yes.

Our office recently obtained reopening of a decades-old deportation case for a detained client who had a 1995 deportation order, prior unsuccessful motions to reopen filed by a previous attorney, and old felony convictions from the early 1990s.

Background of the Case

For many years, the client had nearly lost hope in his immigration case because of his old removal order and criminal convictions from the early 1990s. He had already exhausted his prior statutory motions to reopen and was later facing active ICE detention.

The client entered the United States as a refugee in the late 1980s and later became a lawful permanent resident. He had lived in the United States for nearly four decades.

However, in 1995, the Immigration Court ordered him deported based on felony-related criminal convictions from the early 1990s. At that time, he did not have a qualifying family relationship or available immigration relief.

Years later, the client married a U.S. citizen , and his spouse filed an I-130 immigrant petition on his behalf. USCIS later approved the I-130 petition.

However, because the old deportation order remained in place, USCIS could not proceed with adjustment of status unless the Immigration Court first reopened the case.

Prior Motions to Reopen Had Already Been Filed

This case involved significant procedural obstacles.

The client had previously filed motions to reopen in the past, including a prior motion filed by another attorney seeking relief under former INA § 212(c). That motion was denied.

As a result, the client no longer had a regular statutory motion to reopen available.

Instead, our office requested that the Immigration Court exercise its sua sponte authority to reopen the proceedings based on exceptional circumstances and newly available immigration relief.

Client Was Arrested by ICE and Detained

In 2026, ICE arrested and detained the client while he was on his way to work.

Our office immediately filed a Motion to Reopen together with an emergency request for stay of removal to prevent deportation before the Immigration Court could review the case.

The motion explained that the criminal convictions occurred more than thirty years ago and that the client had no subsequent arrests or convictions since that time.

The motion further presented evidence of rehabilitation, long-term residence in the United States, family ties, and eligibility for immigration relief based on the approved I-130 petition.

Immigration Judge Granted Reopening

Despite the existence of a decades-old deportation order, prior denied motions to reopen, ICE detention, and a criminal record from the 1990s, the Immigration Judge granted reopening of the proceedings.

The reopening now allows the client to continue pursuing lawful permanent residence and additional immigration relief before the Immigration Court.

Frequently Asked Questions

What Is a Sua Sponte Motion to Reopen?

A sua sponte motion to reopen asks the Immigration Court to reopen proceedings using the court’s discretionary authority, even where ordinary statutory reopening rules may no longer apply.

These motions are highly discretionary and are generally reserved for exceptional circumstances.

Can someone reopen a deportation case after prior motions to reopen were denied?

Possibly. In limited situations, the Immigration Court may still exercise sua sponte authority to reopen proceedings.

Can a person with a criminal record still reopen an immigration case?

Every case is different. Some individuals with old convictions may still qualify for immigration relief or waivers depending on the type of offense, rehabilitation, family ties, and other factors.

Can ICE detain someone while a motion to reopen is pending?

Yes. In some cases, ICE may continue detention unless release or bond is granted.

Disclaimer

If you have a similar immigration situation and would like to discuss possible options, it is important to consult with a qualified immigration attorney regarding the specific facts of your case.

Prior results do not guarantee future outcomes. Immigration cases are highly fact-specific, and every case depends on its own procedural history, evidence, and legal circumstances.

Who Can Apply for Asylum in the United States?

Tue, 21 Apr 2026 04:00:58 GMT

Who Can Apply for Asylum in the United States?

Seeking asylum in the United States can be a critical step for individuals fleeing danger in their home countries. Understanding who qualifies and how the process works is essential for those considering this form of protection. At Law Office of Linda J. Lin, we provide guidance to immigrants navigating the U.S. asylum process.

What Is Asylum?

Asylum is a form of protection granted to individuals already in the United States or at a port of entry who cannot return to their home country due to fear of persecution. If approved, asylum allows individuals to remain in the U.S., work legally, and eventually apply for permanent residency.

Who Is Eligible for Asylum?

To qualify for asylum in the United States, an applicant must demonstrate that they have suffered persecution or have a well-founded fear of future persecution based on one or more of the following protected grounds:

Race
Religion
Nationality
Political opinion
Membership in a particular social group

The persecution must be carried out by the government or by individuals or groups that the government is unable or unwilling to control.

Physical Presence Requirement

Applicants must generally be physically present in the United States or seeking entry at a U.S. port of entry. Individuals outside the country typically pursue refugee status instead, which is a separate process.

The One-Year Filing Deadline

In most cases, asylum seekers must file their application within one year of arriving in the United States. However, exceptions may apply if there are changed circumstances (such as worsening conditions in the home country) or extraordinary circumstances that prevented timely filing.

Bars to Asylum

Certain factors can make an individual ineligible for asylum, including:

Participation in persecution of others
Conviction of serious crimes
Security-related concerns
Firm resettlement in another country before arriving in the U.S.

Understanding these bars is important, as they can significantly affect eligibility.

Affirmative vs. Defensive Asylum

There are two primary ways to apply for asylum:

Affirmative Asylum: Filed voluntarily with U.S. Citizenship and Immigration Services (USCIS) by individuals not in removal proceedings.
Defensive Asylum: Requested as a defense against deportation during immigration court proceedings.

Each path has different procedures and timelines.

Benefits of Being Granted Asylum

If asylum is granted, individuals may:

Remain legally in the United States
Apply for work authorization
Petition to bring certain family members to the U.S.
Apply for a green card after one year

These benefits provide stability and an opportunity to rebuild a safe life.

How Legal Guidance Can Help

The asylum process can be complex and requires strong supporting evidence, detailed documentation, and adherence to strict deadlines. Working with a knowledgeable immigration attorney can help applicants present a compelling case and avoid common pitfalls.

At Law Office of Linda J. Lin, we assist immigrants throughout every stage of the asylum process, helping them understand their rights and options under U.S. immigration law.

Can Undocumented Immigrants Get Married in the U.S.?

Fri, 20 Mar 2026 16:31:21 GMT

Can Undocumented Immigrants Get Married in the U.S.?

Marriage is a fundamental right recognized across the United States, but many undocumented immigrants have questions about whether their immigration status affects their ability to legally marry. Understanding how marriage laws work and how they intersect with immigration issues is essential for couples planning their future together.

At Law Office of Linda J. Lin, we provide legal assistance to immigrants throughout the United States, helping them navigate both family and immigration law concerns with clarity and confidence.

Is Marriage Allowed Regardless of Immigration Status?

Yes, undocumented immigrants can legally get married in the United States. Marriage laws are governed by state law, not federal immigration law. This means that immigration status generally does not prevent someone from obtaining a marriage license.

Each state has its own requirements for marriage licenses, but most require proof of identity rather than proof of legal immigration status. In many cases, acceptable identification can include a foreign passport or other government-issued ID.

What Documents Are Required to Get Married?

While requirements vary by state, most couples will need to provide:

Valid identification (such as a passport or state-issued ID)
Proof of age
Payment of a marriage license fee

Some states may have additional requirements, such as waiting periods or witnesses. Importantly, Social Security numbers are often requested but not always required, especially for individuals who do not have one.

Does Marriage Affect Immigration Status?

Getting married does not automatically change a person’s immigration status. However, marriage to a U.S. citizen or lawful permanent resident may open the door to applying for lawful status through a process known as adjustment of status or consular processing.

This process can be complex. Factors such as how the undocumented individual entered the country, prior immigration violations, or time spent unlawfully in the U.S. can all impact eligibility for a green card.

Potential Risks to Consider

While marriage itself is legal, undocumented immigrants should be aware of potential risks, including:

Exposure to immigration authorities during the application process
Complications if there is a history of unlawful presence
Possible need to leave the U.S. for visa processing, which may trigger reentry bars

Because of these risks, it is important to evaluate each situation carefully before taking further steps toward immigration benefits.

How Legal Guidance Can Help

Navigating marriage and immigration together can be challenging. An attorney can help ensure that:

The marriage process complies with state laws
Immigration options are fully evaluated
Potential risks are addressed before filing applications

At Law Office of Linda J. Lin, we work with individuals and families to understand their rights and options, helping them move forward with informed decisions.

Planning for the Future

Marriage can be a meaningful step for couples, but when immigration status is involved, it is also a legal process that requires careful planning. Understanding what marriage does—and does not—do for immigration status is key to avoiding unexpected complications.

Deerfield Employment Law Firm

B-2 Tourist Visa Entry | Two Prior Divorces | Married a U.S. Citizen Three Months After Entry | Marriage-Based Green Card Approved in Three Months

B-2 Tourist Visa Entry | Two Prior Divorces | Married a U.S. Citizen Three Months After Entry | Marriage-Based Green Card Approved in Three Months

Facts

Timeline

F-4 Petition Denied for 12 Years | Motion to Reopen Granted | Petition Approved

F-4 Petition Denied for 12 Years | Motion to Reopen Granted | Petition Approved

Spousal Petition Approved In Just 1 Month And 27 Days

Spousal Petition Approved In Just 1 Month And 27 Days

Is There Hope For Changing The Outcome After A Petition Was Denied For 12 Years? ﻿

Reopening a decades-old deportation case

Reopening a decades-old deportation case

From ICE Detention to a Second Chance: Case Success Story

What Supporting Documents Should You Bring to a Visa Interview?

What Supporting Documents Should You Bring to a Visa Interview?

Why Supporting Documents Matter

Essential Documents for Most Visa Interviews

Documents That Depend on Your Visa Type

Family-Based Immigration

Employment-Based Visas

Student Visas

Visitor Visas

Financial Documentation May Be Important

Original Documents and Certified Copies

Organize Your Documents Before the Interview

What Happens if a Document Is Missing?

How Legal Guidance Can Help

What Happens After Your Green Card Is Approved?

What Happens After Your Green Card Is Approved?

Receiving Your Green Card

Understanding Your Rights as a Permanent Resident

Keep Your Green Card Safe and Updated

Maintain Your Permanent Resident Status

Be Careful When Traveling Abroad

Understand Conditional Permanent Residence

Begin Planning for U.S. Citizenship

Know When Legal Assistance Can Help

A Step-by-Step Guide to Applying for Naturalization in the United States

A Step-by-Step Guide to Applying for Naturalization in the United States

Determine Your Eligibility

Complete and File Form N-400

Attend Your Biometrics Appointment

Complete the Naturalization Interview

Receive a Decision from USCIS

Take the Oath of Allegiance

How Legal Guidance Can Help

Immigration Judge Reopens Decades-Old Deportation Case Despite Prior Removal Order and Criminal Record

Immigration Judge Reopens Decades-Old Deportation Case Despite Prior Removal Order and Criminal Record

Background of the Case

Prior Motions to Reopen Had Already Been Filed

Client Was Arrested by ICE and Detained

Immigration Judge Granted Reopening

Frequently Asked Questions

Who Can Apply for Asylum in the United States?

Who Can Apply for Asylum in the United States?

﻿ What Is Asylum?

Who Is Eligible for Asylum?

Physical Presence Requirement

The One-Year Filing Deadline

Bars to Asylum

Affirmative vs. Defensive Asylum

Benefits of Being Granted Asylum

How Legal Guidance Can Help

Can Undocumented Immigrants Get Married in the U.S.?

Can Undocumented Immigrants Get Married in the U.S.?

Is Marriage Allowed Regardless of Immigration Status?

What Documents Are Required to Get Married?

Does Marriage Affect Immigration Status?

Potential Risks to Consider

How Legal Guidance Can Help

Planning for the Future

Is There Hope For Changing The Outcome After A Petition Was Denied For 12 Years?

What Is Asylum?