Posted on February 21, 2023 in English

Love does not always recognize international borders. When an American citizen gets engaged to marry a person from another country, the couple often asks about their immigration options.

Fiancé Visa

If the couple plans to live in the United States, it is generally necessary to petition for a K-1 visa, commonly known as a fiancé visa.

The K-1 visa authorizes a person engaged to an American citizen to enter the country for 90 days for purposes of getting married. It is important that the couple get married during that 90-day period or the person will need to leave the country.

Once the couple marries, the fiancé can petition for lawful permanent resident status and remain in the country while the petition is being processed. If the fiancé has minor children, they can also petition for their children's entry and residency in the country.

Requirements for a fiancé visa

As you might expect, a primary requirement to obtain a fiancé visa is intent to marry. It may be necessary to offer evidence that your engagement is legitimate, such as photographs, records of visits or time together or written statements from others attesting to the validity of the relationship.

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 Posted on January 23, 2023 in English

Many people from all over the world choose to come to the United States to further their careers. Even if you are not a citizen, you can legally live and work in the United States if you obtain your green card and become a lawful permanent resident. There are five categories of preference for employment-based (EB) visas:

• EB-1: Priority workers with extraordinary abilities.
• EB-2: Workers with advanced degrees.
• EB-3: Skilled workers and professionals who do not qualify under EB-1 and EB-2.
• EB-4: Special immigrants (e.g., religious workers, broadcasters, or armed forces members).
• EB-5: Entrepreneurs (Immigrant Investor Program).

What is the process required to obtain an employment-based green card?

The entire green card application process can take years to get through, depending on demand and other factors. The green card application process for those seeking an employment-based green card generally requires three main steps:

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 Posted on January 10, 2023 in English

Some children who arrive in the United States without legal status end up becoming involved in the state child welfare system after allegations of abuse and neglect arise. When this happens, concerns of removal from the country can take hold, threatening to send the child back to a country that they don't know, where they don't have support and where it may be dangerous.

Fortunately, there are legal avenues for these children to try to obtain lawful permanent residence. But in order to successfully do so, they have to know the intricacies of immigration law and how to use them to their advantage.

Applying for special immigrant juvenile status

The best way for these kids to protect themselves and obtain permanent residency in the United States is to obtain special immigrant juvenile status. In order to obtain this status and secure permanent residency, they have to meet certain federal requirements, including each of the following:

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 Posted on December 22, 2022 in English

Seeking U.S. citizenship is the ultimate dream for many immigrants. That dream has now been realized for many, as the United States has seen a 10-year high in immigrant naturalization in 2022.

Naturalization up

A survey from the Pew Research Center reports that the number of immigrants in the United States obtaining naturalization is the highest it has been in a decade. In the 2022 fiscal year, more than 900,000 immigrants were granted U.S. citizenship.

This is in contrast to the steep decline in naturalizations at the beginning of the global health crisis back in 2020.

Researchers cite an increase in migrants receiving green cards and an increase in lawful temporary migrants coming to the United States as the reason for the recent uptick in naturalization compared to 2020.

Steps in obtaining U.S. citizenship

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 Posted on December 07, 2022 in English

The U.S. government places a priority on investigating crimes, and also on protecting victims of crime. The government issues a specific visa to meet these important objectives.

Immigration status

The 2000 Victims of Trafficking and Violence Act authorizes a type of visa status known as U nonimmigrant for victims of certain gender crimes and other offenses who suffered physical and mental abuse.

This immigration law, along with other laws, is also intended to protect crime victims who suffered significant mental and physical abuse from these crimes and are willing to assist law enforcement investigate and prosecute offenders. The visa also helps law enforcement serve crime victims.

Eligibility

An individual may be eligible for a U Visa if they are:

• Victims of a qualifying crime.

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 Posted on November 10, 2022 in English

You are able to anticipate and plan some things in life and you have little or no control over other things. For example, you were able to anticipate and plan the move from your native country to the United States to pursue a better life for you and for your family. On the other hand, you probably could not anticipate that your marriage would end once were living in the United States.

Of course, one significant issue for you is your immigration status. The question is whether your divorce will affect your immigration status, and how. If you happen to hold citizenship in another country and your spouse is either a U.S. citizen or a legal permanent resident and you immigrated within two years of your marriage, you are considered a conditional resident. If that is the case, you will need to adjust your immigration status.

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 Posted on October 12, 2022 in English

As the past several years have shown, illness can strike anyone in Virginia and across the United States without warning and leave them with massive medical expenses they are unable to pay. This can be even more worrisome if the person is an undocumented immigrant.

There is a constant fear that they will be found out and deported. This is especially problematic given the attention immigration is getting amid attempts to address it. People who are trying to find ways to eliminate their medical debt should be aware of how Chapter 7 bankruptcy can help them. This is true even, for undocumented immigrants.

Am I able to file for Chapter 7 bankruptcy regardless of my immigration status?

According to the law, there is no stipulation that a person needs to be a citizen of the United States or be in the country legally to file for Chapter 7 bankruptcy. Still, they must have a Social Security number or an Individual Taxpayer Identification Number (ITIN).

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 Posted on October 07, 2022 in English

The immigration laws in the United States are incredibly complex. As such, it can be difficult to navigate them and know, exactly, how divorce and criminal matters may affect your immigration status. This can be incredibly stressful, especially if you're facing criminal charges that you're afraid may lead to deportation. That's why it may be helpful for you to know more about what sorts of offenses may lead to removal. Perhaps then you can come up with a strong strategy to protect your immigration status.

The effect of crimes of moral turpitude

Under existing immigration laws, you can be denied a green card or even removed from the country if you are convicted of a "crime of moral turpitude." Someone who is convicted of one of these offenses may struggle to demonstrate that they have the good moral character necessary to successfully seek citizenship. In other words, mere allegations of having committed one of these crimes can threaten your future.

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 Posted on September 28, 2022 in English

Many undocumented migrants came to the United States as young children and now live and work here with few ties to the nation of their birth. It's not their fault that they ended up in the United States illegally. Unfortunately, one program in place to protect these people from deportation may soon be coming to an end.

What is DACA?

Over 600,000 people are protected from deportation through the Deferred Action for Childhood Arrivals (DACA) program. DACA was instituted to protect those who were brought to the United States as children but who do not have the legal status to live and work in the country legally. Referred to as "Dreamers," these people will not be deported as long as they are not threatening public safety.

Will courts end the DACA program?

However, the DACA program could be coming to an end. While the U.S. Supreme Court upheld DACA 2020, it did so only because it believed the previous administration did not end the program the right way.

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 Posted on September 01, 2022 in English

If you're in the United States as an immigrant, then you know that the risk of deportation is always looming over you. Even though that may drive you to live on the straight and narrow, abiding every law that you're aware of, you can still find yourself on the receiving end of allegations of criminal wrongdoing. And when these accusations fly, you may end up facing the very real possibility of deportation.

Can you be deported for DUI?

It really depends on the circumstances of your case. So, the answer is that a DUI conviction may or may not lead to deportation. Although you can be removed for crimes of moral turpitude that occur within five or 10 years of entry, depending on your status, or if you've been convicted of two crimes of moral turpitude, drunk driving, on its own, isn't considered a crime of moral turpitude. Instead, immigration officials are going to assess the circumstances of your case to determine if your situation qualifies for removal.

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