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Rich has been increasing access to legal services for low-income Oregonians since 2002....Rich has served as the Chair of the Pro Bono Committee of the Oregon State Bar (OSB) Debtor-Creditor Section.....Rich considers pro bono work a necessary part of being a professional with a particular skill. He has a long history of volunteer work that goes back to his time as a Boy Scout. In addition to his volunteer work with the clinic, Rich volunteers with the bankruptcy court's pro bono panel that provides legal assistance to a party, such as help with a settlement conference or bankruptcy litigation. Rich also provides pro bono help with student loan disability discharge applications. Richard explains, "I have always believed in second chances and giving people a fresh start. Our system is great at production of resources and assets, but less than perfect at distribution. Many times, "success" seems very random. Ask almost any musician." Rich's pro bono work truly helps people in need and often experiencing life-changing circumstances. He is currently helping a client who suffered a brain injury after becoming a licensed realtor. The client is unable to pursue her career in real estate and now works an an Instacart shopper. Rich has been volunteering with the bankruptcy clinic for more than two decades and has represented more than 79 clients.....Rich simply encourages attorneys to get involved, "it is not painful, and you do not have to worry about getting paid." Rich found through his many years of volunteer work, that "you feel better about both your profession and yourself." Read the full article here .

By Shannon Ballard Gorman A career in immigration law came naturally to Gretel Ness ’93. “It’s such a positive area of the law. You are challenged and you make a difference in people’s lives. It’s very fulfilling.” Ness’s grandparents, doctors who immigrated to the U.S. in the 1970s, sponsored her father when he was in college in the Philippines, but because of quotas, there was such a long wait that he was married and had a family before he could immigrate. Ness vividly remembers her family going to the U.S. Embassy in Manila and being interviewed by the consular officer. Her first time on an airplane was to Newark to begin a new life. She was 15. After high school, Ness attended Rutgers University for Political Science, and then set her sights on law school. “I always knew I wanted to be a lawyer,” she said (at least since age 13 when she saw a show starring a female attorney and was impressed) and her personal experience led to an interest in immigration law. She chose Albany Law School because of its immigration law classes and smaller, supportive environment. In law school, she successfully navigated the process to earn U.S. citizenship. An internship with the Government Law Center prompted her to consider working for the government. Before graduation, she applied to the U.S. Immigration & Naturalization Service (INS) and was hired by the Newark office of the INS as an Asylum Officer. On one assignment, she went to Guam to interview Kurdish refugees from Iraq seeking asylum in the U.S. While there, she met her future husband, a Deportation and Detention Officer from Oregon. Despite their polar opposite jobs (“We don’t bring work home,”) they have been married for 26 years. “It was one of those whirlwind romances,” Ness laughed, and since her husband would not move to New Jersey, she “quit her cushy federal job to follow him to Oregon.” In Portland, she joined a small firm as an associate attorney, doing immigration law work. After two years, she followed her paralegal to a larger firm, Parker Butte & Lane, P.C., entirely dedicated to immigration. Immigration is a paralegal-driven field, she said, and after 23 years she is still there and with the same paralegal. The majority of her practice deals with employment immigration matters such as arranging temporary and skilled worker visas and helping clients with proactive immigration planning, whether for future personnel needs or for compliance with employment verification requirements. She also handles cases involving family immigration and citizenship issues. Many of her clients are aviation companies that hire specialized pilots from Canada to fly the airplanes used in fighting forest fires for the U.S. Forest Service. “Canada has so many forest fires, they have developed the infrastructure necessary to fight them—including the pilots and mechanics to operate the planes,” Ness explained. She helps arrange their necessary visas to work in the U.S. Ness also advises corporations looking for talent overseas on work visas or, if none matching their needs are available, pursuing green card sponsorship. Her firm also helps arrange a temporary work visa. Sometimes her client is the employee, whom she helps by initiating or coordinating their employer’s sponsorship. “No matter which party starts the process, you have to represent both,” Ness said. Sharing her experiences with new attorneys was the focus of her recent speaking engagements including the Regional Northwest conference of the American Immigration Lawyers Association. Ness belongs to the association’s Asian Pacific Chapter and traveled to i ts annual conference in Japan in May. She hopes to attend the Latin American chapter’s annual conference in Uruguay this November and explore neighboring Argentina. Ness loves to travel, and plans trips around conferences. “It’s nice to have been to the places where my clients are coming from,” she said. “It helps me relate to them and gives me a better understanding of the challenges and hurdles they have overcome.”

• The Avalanche Impact of Backlogs: 2021 in Review. USCIS has frequently had to confront the impacts of its backlogs, but neither the backlogs nor their impacts have been as severe as the ones the agency currently faces. Lengthy processing times and the high numbers of unadjudicated cases—a result of the pandemic’s unprecedented effect on USCIS’ operations, employee attrition, and insufficient revenue—have had a massive adverse “snowball” effect on the agency’s operations as well as on its customers and stakeholders. To fully address the backlogs, USCIS must also continue to address their consequences. USCIS’ commitment to mitigating its backlogs of cases, as evidenced by setting aggressive processing goals for the end of FY 2023, must be matched with a full commitment to eradicating the worst of these pain points for applicants and petitioners so that they may continue to work, travel, obtain evidence of status, and be able to access expedited processing, when eligible, in a meaningful and consistent way. • The Need for More Flexibility in Renewing Employment Authorization. Delays in renewing EADs interrupt employment for noncitizens while simultaneously hampering the ability of U.S. businesses to employ their workforce continuously. In the Annual Report, we recommend that USCIS build on existing efforts to mitigate the impact of EAD delays by increasing flexibility in the EAD renewal process, including for certain nonimmigrant spouses; continuing to identify occupations where EADs might be expedited in the national interest; further leveraging technology in support of EAD adjudications; allowing more flexibility in the Form I-9, Employment Eligibility Verification, process; and eliminating the need for a separate EAD application in certain circumstances. • Increasing Accessibility to Legitimate Travel: Advance Parole. Due to processing delays, adjustment of status applicants find it difficult to receive advance parole documents in a timely manner, which has led to more requests for USCIS to expedite Form I-131, Application for Travel Document, and to issue advance parole for emergencies. The Annual Report presents several recommendations to reduce barriers to travel and enable USCIS to better manage the process of providing advance parole. • Improving Access to the Expedite Process. USCIS operations have been affected by the pandemic and insufficient resources, resulting in longer processing times for expedite requests. The expedite request caseload has consequently increased, further diverting resources within the agency and making it challenging for USCIS to process these requests efficiently. The Annual Report includes several recommendations for making the expedite request process more efficient, standardizing guidance on the process, and increasing efforts to collect data on the number of expedite requests USCIS receives as well as approval and denial rates. • Initiating a Discussion on Ways to Address the Affirmative Asylum Backlog. The asylum backlog has grown to more than 430,000 pending cases, with devastating impacts on asylum seekers and their family members. In the Annual Report, we offer recommendations to address the backlog and identify new operational approaches to improve the quality and efficiency of asylum adjudications without compromising integrity or fairness. These recommendations are intended to spark a crucial discussion on innovative ways to address the backlog. • Eliminating Barriers to Obtaining Proof of Employment Authorization for Asylum Applicants in Removal Proceedings. Asylum seekers, particularly those in removal proceedings, encounter significant barriers to obtaining proof of their employment authorization, both while their Form I-589, Application for Asylum and for Withholding of Removal, is pending and after an immigration judge grants asylum. These barriers arise in part because the asylum process is split between USCIS and the Department of Justice’s Executive Office for Immigration Review. The Annual Report outlines several recommendations aimed at improving coordination and decreasing delays in processing EADs and providing evidence of status. • USCIS’ Digital Strategy: Nearing an Inflection Point. While there is more work to be done, we are optimistic that USCIS’ digital strategy is nearing an inflection point that will allow for continued positive progress. The Annual Report offers several new recommendations focused on developing an application programming interface; digitizing Form I-912, Request for Fee Waiver; conducting a nationwide online filing and myUSCIS promotion campaign; and exploring ways to incentivize online filing. • U Nonimmigrant Status Bona Fide Determination Process: Successes and Challenges in Taking on a Backlog. The Immigration and Nationality Act allows certain victims who assist law enforcement with a criminal investigation to apply for a U visa. However, due to high demand in this capped category, processing times for U nonimmigrant status have increased. To alleviate the negative effects of these backlogs, USCIS implemented the bona fide determination (BFD) process, which allows the agency to grant eligible petitioners employment authorization and deferred action more efficiently. In this year’s Annual Report, we explore some of the successes and challenges of the U visa BFD process. To read the full report, go to https://www.dhs.gov/sites/default/files/2022-06/CIS_Ombudsman_2022_Annual_Report_0.pdf

1. Donate Monetary donations are the quickest and most helpful way to directly aid Ukrainian refugees around the world. There are a huge number of organizations currently raising money for Ukraine and it can be overwhelming to parse through all the options. Here are 4 organizations that will ensure your donation helps as many people as possible: Razom is a non-profit organization dedicated to ‘unlocking the potential of Ukraine.’ Founded in 2014, Razom works with collaborators in the United States and Ukraine to fund short and long-term projects dedicated to fostering democracy and prosperity. They take just about any form of donation you can think of, including stocks and cryptocurrency. Check out their website’s list of projects to see details on their emergency response to the war, as well as other current projects. See https://razomforukraine.org World Food Program USA is focused on providing food to Ukrainian people as they flee their country and shelter from daily attack. Donors can opt for a one-time or monthly gift in any amount $5 or above. For $75, they provide emergency boxes with enough food for a family for a month. See https://secure.wfpusa.org Direct Relief has a focus on providing medical supplies including medication, emergency response packs, sutures, insulin, personal care items, and oxygen concentrators. They are partnered with Ukraine’s Ministry of Health and other organizations on the ground in Ukraine and are responding to real-time requests for supplies. There is a helpful tracker on their webpage to track aid provided to Ukraine. See https://www.directrelief.org/place/ukraine/ Alight currently has a rapid response team in Poland aiding the 1 million Ukrainian refugees (mostly women and children) who have crossed the Ukrainian/Poland border. They are set up at the border to greet people arriving to Poland and are distributing warm clothes, blankets, and wheelchairs. Alight is also transporting medical supplies and necessities such as diapers and phone chargers from Poland to Ukraine, directly to groups sheltering in bomb shelters and hospitals. See https://wearealight.org/ukraine-response/ 2. Shop Local Ukrainian Businesses Another means of financial support is to seek out local Ukrainian businesses and offer them your patronage. While you won’t know if the money will go to people on the ground in Ukraine, there is a good chance that Ukrainian business owners are desperate to help their family members still in Ukraine. In any case, Ukrainians around the world are hurting as they watch their home country burn and its people flee. Providing support to those in your community is the neighborly thing to do. Many other businesses, not necessarily owned by Ukrainians, are holding fundraisers or special menu items to benefit Ukraine. Some suggestions for the Portland area: Portland artist Tatyana Ostapenko: https://tatyanaostapenko.com Sweet Touch Bakery (Vancouver): https://www.sweet-touchbakery.com/ Honey Latte Café: https://www.honeylatte.cafe/ Kachka, often described as a Russian restaurant, actually showcases food from around the region, including Ukraine and Belarus. They have a wine cocktail on the menu and a dumpling in their market that are helping to raise money for Ukraine: http://www.kachkapdx.com/ Ripe Cooperative is donating 100% of profits from Bulgarian caviar to Ukrainian aid efforts: https://ripecooperative.com/ Portland Potato Vodka is donating profits to Ukraine: https://www.instagram.com/p/CamVWHIuLh3/ 3. Raise Money If you are not in a financial position to donate money directly, you can facilitate fundraising through a few different avenues. Alight, mentioned above, has an option on their website to host a fundraiser for Ukraine (See https://give.wearealight.org/campaign/) or you can start a fundraiser through your personal Facebook or a site like GoFundMe. Another option is hosting your own web class and donating the proceeds to Ukraine. If you have a special skill like baking, music, or crafting that others might be interested in, set up a Zoom link and advertise! Make sure to let participants know that their money is going to an excellent cause. 4. Join a Protest Protests have been springing up around the country in response to the atrocities being committed by Russia. There was a rally at Fairview Ukrainian Bible Church which drew over 1,000 people and one in downtown Portland on Feb 26. There have been a number smaller gatherings around the city as well. Search for protest or rally announcements online and give of your time to offer support to the Portland Ukrainian community. It will mean a lot to them to have the community support. 5. Contact your Representatives Want to see the federal government taking more steps to aid Ukraine? Lend your voice to those calling for money and other resources to be sent to Ukraine and for immigration solutions for those stuck in or fleeing Ukraine. Contact information for Oregon/ Portland representatives can be found here: Senator Ron Wyden: https://www.wyden.senate.gov/ Senator Jeff Merkley: https://www.merkley.senate.gov/ Look up your Representative in the House by zip code: https://www.house.gov/representatives/find-your-representative

The war in Ukraine has been raging since February 24 when Russia invaded and began escalating the conflict that had simmered since 2014. The war has destroyed thousands of buildings, caused billions in property damage, and most importantly, has killed or injured over 17,000 people. Horrifyingly, an additional 3 million people have been driven from their homes and forced to seek refuge in other parts of Ukraine, in neighboring countries, or as far away as they can run. Ukrainians in the U.S. In response to the humanitarian crisis caused by the war, the United States has provided Temporary Protected Status (TPS) to Ukrainians already in the U.S. TPS provides protection for people from countries that are experiencing an ongoing armed conflict, environmental disaster, or other extraordinary conditions which would make deportation back to their country particularly dangerous. Over 70,000 Ukrainians currently present in the U.S. could be eligible for TPS. To be eligible, you must meet the following criteria: • Be a national of the country with TPS designation • Be continually present in the U.S. from the effective date of designation • Have continuously resided in the U.S. from a date specified by the secretary of the U.S. Dept. of Homeland Security • Never have been convicted of a felony or two or more misdemeanors while in the U.S. • Not be barred from asylum eligibility or found inadmissible for other crimes or for national security reasons Those who qualify for TPS must register and pay fees and in return are given a temporary stay of deportation and temporary work authorization. The current TPS designation is good for 18 months from March 1, though it may be extended. U.S. Immigration and Customs Enforcement (ICE) has also announced a temporary halt of deportations to Ukraine, Belarus, Georgia, Hungary, Moldova, Poland, Romania, Russia, and Slovakia while the Russian invasion is ongoing. Advocacy groups are lobbying the President, DHS, and the State Department to further the protections offered by the U.S. and grant Deferred Enforced Departure (DED) and Special Student Relief (SSR) for Ukrainians in the U.S. DED is similar to TPS, in that it temporarily suspends deportations and allows beneficiaries to receive work cards. The main difference is that DED is granted by the President and TPS is granted by the Secretary of Homeland Security. SSR is a particular form of relief for Ukrainian students currently attending U.S. schools on F-1 student visas. It would suspend or alter F-1 visa rules regarding course loads and work eligibility to allow students to Ukrainians in Europe Out of the millions of Ukrainian refugees in Europe, most have fled to nearby countries such as Poland, Hungary, and Slovakia. Because the outcome of the war is still so unclear, many people aim to stay close to Ukraine in case there is a chance of returning home soon. As matters progress in Ukraine, it will become clearer if refugees will be able to return or if they will need permanent resettlement. President Biden has announced that the U.S. will welcome Ukrainian refugees with open arms, but the reality for Ukrainians who may wish to permanently resettle in the U.S. is much more complicated. The process for coming to the United States as a refugee is years-long and complicated. Obtaining temporary visas is also likely to be a lengthy process, due to extended wait times, which had already been exacerbated by the pandemic and are set to grow longer with a surge in applicants. Receiving a temporary, non-immigrant visa also requires proof that the applicant will return to their home country, which is not likely to be something many Ukrainians can prove. Humanitarian parole is another option, although one only open to Ukrainians with U.S. citizen or permanent resident family who can sponsor them. For info on Humanitarian Parole as a process, see our blog post on the Humanitarian Parole crisis in Afghanistan here. As the war continues and legal avenues to U.S. immigration are few, the U.S. is likely to experience an increase in illegal immigration, such as Ukrainians crossing the southern border from Mexico without valid visas. U.S. Foreign Aid for Ukraine The U.S. has taken some steps to provide aid for Ukrainian refugees and civilians in Europe. President Biden has authorized over $107 million in humanitarian aid, which will go towards relief such as medical services, food, shelters, and other necessities. On March 15, President Biden signed a massive government spending bill containing a $13.6 billion aid package for Ukraine, which includes money for military assistance, refugee care, and economic aid for Ukrainian ally countries. The U.S. has also issued economic and trade sanctions against Russia and has passed legislation banning the import of Russian oil. U.S. support of Ukraine has stopped short of backing a no-fly zone over Ukraine, which would ban Russian planes from flying over Ukraine. This would likely help with the air assault that Ukraine has been facing but enforcing the no-fly zone would likely consist of actions that Russia would take as acts of war. The United States has also declined to send troops to fight in Ukraine, further signaling a reluctance to become directly involved in the conflict. Many NGO’s, non-profits, and other organizations in the U.S. and around the world are taking up for Ukraine by providing money and aid to Ukrainians everywhere. Look for our next blog post detailing how you can help the effort to support Ukrainian refugees in large and small ways.

TLC’s 90 Day Fiancé is an immensely popular series that has spawned countless spinoff shows and a global audience. The premise of the original show is that Americans who have found love with people in other countries bring their fiancés to the U.S. on a K-1 fiancé visa, giving them just 90 days to get married. The idea behind the short time limit is to offer time to plan a wedding to a couple who already knows they’re going to marry. In reality, the 90 days of the K-1 visa process is often the first time that couples on the show are able to spend more than a few weeks together. Of course, this sparks plenty of drama as the newly non-distanced couples try to navigate living together for the first time, their cultural differences, judgmental family and friends, and usually a bombshell secret or two, all with a ticking time limit and a wedding to plan. 90 Day Fiancé is a wonderfully melodramatic peek at the founding and floundering of marriages based on intercontinental relationships. It doesn’t purport to be about the immigration system and in spite of its home on “ The Learning Channel ,” it offers very little in terms of educational value. As such, questions about the veracity of statements or implications made on the show are plentiful. Before you fall down a rabbit hole of misinformation and speculation on Facebook group comment threads or Instagram gossip pages, let PBL’s resident 90 Day-watching paralegal clear some of it up for you. Join us for our final post in our 5-part blog series on misconceptions you may have about the immigration system if you watch 90 Day Fiancé . Misconception #5 : You can bring over someone you’ve never met on a K-1 visa. In many cases, the couples on this show have clearly not spent enough time together to be guaranteed a happily ever after the moment the plane wheels touch down in the USA. Some of the differences and misunderstandings between them seem so pronounced that it can be easy to think these Americans are bringing over total strangers. Viewers may recall Robert, who brought Anny to the U.S. after spending just 8 hours together on a cruise ship stop in the Dominican Republic. But how much time are couples actually required to spend together before they can apply for the K-1 visa? The answer is: not much! USCIS simply requires that you have visited your fiancé once in the last two years prior to submitting the application. There is a waiver available to bypass this requirement, but it is extremely hard to get. Your visit must be within the past two years; you can’t reignite the passion with a long-lost love and get a K-1 visa for them without a visit. You do have to provide other documentation, such as call logs or text messages, to prove that your love is real, but one visit is all it takes. Of course, sometimes, one visit is all you need! Robert and Anny seem quite happily married, share two kids, and enjoy the rare achievement of being a 90 Day Fiancé couple that viewers generally like. Go Robert and Anny! We hope you enjoyed this five-part series on the K-1 fiance immigration process. We sure had fun writing these up!

TLC’s 90 Day Fiancé is an immensely popular series that has spawned countless spinoff shows and a global audience. The premise of the original show is that Americans who have found love with people in other countries bring their fiancés to the U.S. on a K-1 fiancé visa, giving them just 90 days to get married. The idea behind the short time limit is to offer time to plan a wedding to a couple who already knows they’re going to marry. In reality, the 90 days of the K-1 visa process is often the first time that couples on the show are able to spend more than a few weeks together. Of course, this sparks plenty of drama as the newly non-distanced couples try to navigate living together for the first time, their cultural differences, judgmental family and friends, and usually a bombshell secret or two, all with a ticking time limit and a wedding to plan. 90 Day Fiancé is a wonderfully melodramatic peek at the founding and floundering of marriages based on intercontinental relationships. It doesn’t purport to be about the immigration system and in spite of its home on “ The Learning Channel ,” it offers very little in terms of educational value. As such, questions about the veracity of statements or implications made on the show are plentiful. Before you fall down a rabbit hole of misinformation and speculation on Facebook group comment threads or Instagram gossip pages, let PBL’s resident 90 Day-watching paralegal clear some of it up for you. Join us for the penultimate post in our 5-part blog series on misconceptions you may have about the immigration system if you watch 90 Day Fiancé . Misconception #4 : Cast members who have struggled to get a visa must have something shady in their past. Poor Michael, of Michael and Angela. His K-1 visa was in pending purgatory forever and was eventually denied. Angela then flew to Nigeria and they married in order to start the spousal visa process. Unfortunately, after nearly two years, that visa is still pending. Other cast members such as Natalie from Ukraine and Jon from the UK have faced major delays, prompting their partners and fans to wonder if the long delay means that there are skeletons in their closets. These suspicions seem even likelier when other cast members such as Biniyam and Victor get their K-1 visas approved at lightning speed. The truth is that there are lots of factors that could make getting a visa more difficult for one person that it is for another. A criminal record or having been engaged/married to an American previously are the most dramatic, but the truth is typically not as exciting. Non-personal factors such as the country the applicant lives in also play a role. In Michael’s case, Nigeria was affected by the 2020 extension of the 2017 travel ban, which suspended issuance of U.S. visas that could lead to permanent residency to Nigerians (such as the K-1 and spousal visas). Processing times are also an issue, with the COVID-19 pandemic severely exacerbating already slow timelines. The bottom line is, if your partner’s visa is taking forever, it’s maybe not a good idea to insinuate that they did something in their past to cause the delay. Mike and Natalie would have probably lived happily ever after if he could have managed to keep his suspicions to himself (not). Stay tuned for our last blog on this 5-part series coming out next week!

90 Day Fiancé is a wonderfully melodramatic peek at the founding and floundering of marriages based on intercontinental relationships. It doesn’t purport to be about the immigration system and in spite of its home on “ The Learning Channel ,” it offers very little in terms of educational value. As such, questions about the veracity of statements or implications made on the show are plentiful. Before you fall down a rabbit hole of misinformation and speculation on Facebook group comment threads or Instagram gossip pages, let PBL’s resident 90 Day-watching paralegal clear some of it up for you. Join us for part 3 of our 5-part blog series on misconceptions you may have about the immigration system if you watch 90 Day Fiancé . Misconception #3: Those on the show benefit through big pay checks or help with the immigration process. When Julia, of “ I go Russia ” fame, landed in Virginia on season 8 of 90 Day Fiancé , Brandon’s parents put her right to work on their farm. This sparked a lot of discussion about the legality of getting free labor out of an intending immigrant who is not able to legally work. This then led to a discussion about the “ big TLC paychecks ” supposedly given to cast members by the network for being on the show. Would that be considered working? A lot of cast members mention the cost of the immigration process, including flights and living expenses while on the show. Shouldn’t their “ I’m on TV ” paychecks take the sting off of that or can TLC help with some of those costs? Some fans took speculation on the network’s involvement in the couple’s lives a step further, by wondering if TLC is able to intervene in the immigration process to ensure certain outcomes for couples. Let’s dig into each of these separate questions: • Julia was not legally able to be on payroll anywhere in the U.S. prior to receiving her work authorization as part of her green card application. However, Brandon’s parents did not have her on payroll and thus her work on the farm can be considered more equivalent to doing chores. • Cast members are paid about $500-$1,500 per episode and on the original version of the show, in which the immigrant doesn’t not yet have a work permit during filming, that money only goes to the American cast member. This amounts to about $14,500 for a 12-episode season. Pay may be different on other iterations of the show. TLC does not pay for flights or other travel expenses and cannot directly help with legal fees. TLC certainly cannot influence the outcome of the immigration process, for that would unleash a maelstrom of thorny ethical implications that USCIS does not want on their hands. • The cost of the immigration process will depend on a number of factors. Without an attorney, the K-1 visa process costs around $800 in filing fees, plus the cost of a medical examination, which varies depending on the doctor (usually around $200). Filing the initial green card application after marriage will cost another $1,300. Adding an attorney will of course increase the cost but will usually save time and effort and significantly lower the chances of a denial due to a missing signature or other small mistake. Attorney fees vary but are typically between $250 and $450 per hour. Catch us next week for Part 4 of this series and by the way, Happy Valentines Day!

TLC’s 90 Day Fiancé is an immensely popular series that has spawned countless spinoff shows and a global audience. The premise of the original show is that Americans who have found love with people in other countries bring their fiancés to the U.S. on a K-1 fiancé visa, giving them just 90 days to get married. The idea behind the short time limit is to offer time to plan a wedding to a couple who already knows they’re going to marry. In reality, the 90 days of the K-1 visa process is often the first time that couples on the show are able to spend more than a few weeks together. Of course, this sparks plenty of drama as the newly non-distanced couples try to navigate living together for the first time, their cultural differences, judgmental family and friends, and usually a bombshell secret or two, all with a ticking time limit and a wedding to plan. 90 Day Fiancé is a wonderfully melodramatic peek at the founding and floundering of marriages based on intercontinental relationships. It doesn’t purport to be about the immigration system and in spite of its home on “The Learning Channel,” it offers very little in terms of educational value. As such, questions about the veracity of statements or implications made on the show are plentiful. Before you fall down a rabbit hole of misinformation and speculation on Facebook group comment threads or Instagram gossip pages, let PBL’s resident 90 Day-watching paralegal clear some of it up for you. Join us as we continue our 5-part blog series on misconceptions you may have about the immigration system if you watch 90 Day Fiancé . Misconception #2 : If you separate or divorce, you can have your immigrant partner deported. On 90 Day Fiancé , there’s a lot of fixation on the idea of “green card marriages.” Nearly every single American cast member has a family member or friend who drawls “I’m just worried they’re only doing this for the green card” over a glass of wine. Or sometimes it’s “the green card and your money.” Or every once in a while, “all Ukrainian girls just want to come to America.” (Sorry, Yara.) Setting aside the harmful stereotypes and straight-up racism this line of thought often belies, let’s look at the timelines for becoming a green card-holder and ultimately, a U.S. citizen. Once couples marry during their 90 days, the immigrant partner becomes eligible to file for an adjustment of status. This allows them to become a permanent resident of the U.S. and grants them a 2-year conditional green card. After that two-year period is nearly up, they are able to apply for a “permanent” or 10-year green card and become eligible to apply for citizenship after 3 years of marriage to their U.S. citizen spouse. If an immigrant and their spouse divorce after getting the permanent green card but before applying for citizenship, the immigrant will be eligible to apply for citizenship after 5 years of holding a green card. However, a lot can happen in 2 years and some couples don’t even make it to the permanent green card before their marriage crumbles. (Sorry, Fernanda, Luis, Larissa, etc.). Sometimes when this happens on the show, the U.S. citizen expresses a desire to throw their ex-spouse out of the country. Sometimes their names rhyme with “chanterelle”. This isn’t exactly how it works. An immigrant is able to apply for a permanent green card, even if they are divorced, if they can provide documentation to show that their marriage was a legitimate marriage and not done for the sole purpose of obtaining a green card. This evidence can include photos, rental agreements showing they lived together, jointly addressed documents like mail, bills, or insurance, text messages, jointly filed taxes, or documents showing each other as their spouses’ emergency contact. They should also show that the divorce was inevitable due to irreconcilable differences and that they made a good faith effort to try to keep their marriage together. If all that can be shown, then the immigrant is able to get a permanent green card on their own and would be able to file for citizenship after 5 years as a lawful permanent resident. Stay tuned for Part 3 of this series!