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LEGA 221: The American Immigration Process

Assignment 2 – DUE on 10/10/2021 by 11:59 PM – Total Points Available: 25

Chapter 6: Family Sponsored Immigration and Permanent Resident Status

Vlad is from Russia; he is 26 years old and has a good job teaching math in a high school in Moscow. Recently divorced, he came to the U.S. on a B-2 visa to visit his brother and to attend a conference sponsored by a mathematical association. Vlad was given a 3 month stay on his I-94.

His brother had some friends over to his home, including Marina, whom Vlad knew from high school in Moscow. In fact, they dated for a few months 10 years ago. Marina works as a web designer. Marina is now a U.S. citizen and originally obtained her lawful permanent resident status through an employment-based visa. She was never married, but she had a relationship 4 years ago and has a 3-year-old daughter. Marina earns $55,000 a year. Marina and Vlad were immediately drawn to each other. They rekindled their relationship 1 month after Vlad arrived in the U.S. and decided to marry. Vlad does not want to return to Russia; he wishes to stay in the U.S. and make a home with Marina.

Vlad and Marina come to your office after Vlad’s I-94 stay expired last week. They married exactly 6 months from when Vlad entered the U.S on his B-2 visa. They want to complete an immediate relative package. Vlad is anxious to begin work legally so he won’t be a drain on Marina; his not working is causing some stress.

1. Please state what forms they will need to file in order to complete an immediate relative package, including a work authorization and travel document for Vlad. You can find the forms on www.uscis.gov , and it is better to use the USCIS website site for the most up to date forms that need to be filed. (10 points)

2. Carefully review any instructions on the www.uscis.gov associated with the filing of these forms, including the fee. For each form that they will need to file with the immediate relative package, please state the form number followed by the list of evidence that they will need to submit to USCIS on order to support their immigration filing. (10 points)

3. Do you think it is likely that Vlad and Marina will be accused of fraud given that they previously dated, that Vlad entered on a nonimmigrant B-2 visa and overstayed, and that they were married just over 6 months after his entry? Please explain your reasoning as to why. (5 points)

BONUS: Earn an extra 5 points if you correctly state WHEN and HOW Marina could bring her brother Koslov, a citizen of Russia, over to the U.S. on an immigrant visa INCLUDING the form(s) that Marina would have to file for her brother Koslov to get an immigrant visa in the future.