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Am I Eligible for a GC or Not?

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Eligible for this green card. Hi, I'm Jim Hacking, immigration lawyer practicing law throughout the United States at our office here in St. Louis, Missouri, and in San Diego, California. We are shooting videos this week trying to outline all the things that we tell our clients during the green card process and specifically about the green card interview. Yesterday's video talked about, I want 30 petition, the petition for an alien relative, the petition filed by a green card holder or a US citizen to give the benefit of an immigrant visa to their spouse to let them adjust status based on that marriage.

In today's video, we're going to talk about the green card, the I-45 part, the application for adjustment of status that is the second part of your interview. So we talked about establishing that the marriage is legitimate. The second main inquiry in any green card interview is whether the beneficiary is admissible to the United States or more specifically, are they inadmissible to the United States? Because really that's what the questions on the I-45 are all about.

The questions on the I-45 focus on how do I adjust my status? What are all the things in my life that make me admissible or inadmissible to the United States? So you'll see that the questions are onerous, they're long, there's many of them, they're detailed, and they're all designed to figure out whether or not someone is admissible or inadmissible. If you're inadmissible to the United States, you might not be able to get a green card. You might not be able to get that immigrant visa. You might need a waiver, or you might not be able to come at all or stay at all. So those are sort of all the possibilities when it comes to admissibility.

And so I'll do another video where I go through each of the main sections of the I-45. But in this video, I just want to talk about sort of being ready to answer the question. So they're going to ask you a lot of questions. They're going to go over each sort of main topic area. And in my video, I'll scroll through and show you all the questions that they ask and how they package them together.

You really need to listen to the questions, they're all designed for a specific purpose. Now, if you have submitted an I-45, or if you have questions about the 45, you should check in with us because if you're answering yes to some of these, yeses are signs that there's something wrong with your case and that you might be inadmissible. So those are all questions designed to alert the officer to start thinking, oh can I even give this person a green card? Or do I need to talk to my supervisor about whether or not I can give this person a green card? So you'll see questions in there about prostitution or drug use, or drug dealing or human trafficking or all those things. All those questions are designed to figure out whether or not you get your green card.

So as with the other videos that I've mentioned, you want to make sure that someone is reading these questions to you out loud. That's why I'm going to go over the questions because I think that'll helpful to help you hear the questions out loud. Just hear how an officer phrases them. I do talk quickly, but so do officers. They're not there to chit-chat, they're there to get to all the questions. And so I think hearing the rhythm of the questions will be helpful.

And so I'm going to shoot my next video or a video coming up about that, about how do I answer those questions now? Hopefully like I said, the answers will truthfully be, no, you obviously can't lie about any of your answers. If they catch you lying or even making a mistake, they can say that you're a liar and that can keep you from ever getting any immigration benefit at all. So you need to be very precise if you're answering, yes, you probably need to talk to a lawyer and make sure to mention it to your lawyer of you already have one. If you're one of our clients, make sure to mention it to us because that's going to be a major focus at your interview.

So we'll go through all those questions one at a time. But in the meantime, just be ready for... You'll notice that during the interview, the questioning will shift. And so most officers do the I-130 petition part first. And in that one, they spend a lot of time with the US citizen or green card sponsor. And then on the backend they do the green card case, but sometimes they start with the inadmissibility questions and then go to the marriage. Each officer does it a little bit differently, but these days, most officers are having to click, click, click through all the questions. And that's why I think it would be helpful to go through that.

And so we'll do that and we'll share that with you. In the meantime, if you have questions about admissibility and whether you're eligible for the green card, give us a call at (314) 961-8200. You can email us at [email protected]. Be sure to join us in our Facebook group, which is called Immigrant Home. If you like this video, we ask that you please share it out on social, and you subscribe to our YouTube channel so that you get updates whenever we make videos just like this one. And then don't forget most Tuesdays and Thursdays at noon Central Time, we are live in the Facebook group, in our Hacking Immigration Law Facebook page and in YouTube answering as many of your immigration related questions as we can in one hour flat. So thanks a lot and we'll see you next time.

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