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Immigration Law Blog

Can I enter into the United States based on employment?

When individuals are faced with a job opportunity, they often want to do whatever they can to make it work. If it is a job they are particularly excited about, they may wish to move to a different area in order to make it work. Individuals that live outside of the United States have the opportunity to pursue job options through work authorization. Before individuals enter the U.S., they will need to acquire a work permit that is granted by the United States Citizenship and Immigration Services. Some specific foreign nations can fill out a I-765 form. Through this form, it will request permission for the immigrant to work in the United States. If this application is approved and the person is granted access, it will allow for the individual to stay in the U.S. for a specific period of time while they continue to work. With this form, it is important to remember that they only grant individuals approval for a limited period of time. A common temporary work visa is the H-1B visa. Another type of work visa is the L-1 visa.

How is an L-1 visa different from others?

An L-1 visa is different from other work visas because it is reserved for an employee that is in a specific position. These types of visas are only for immigrants who are taking on a managerial or executive role. The individuals could also be using this visa if they are equipped with essential or expert knowledge.

What is an investor visa?

Investor visas also allow for individuals to pursue employment opportunities in the United States. These visas allow investors to enter into the U.S. to be self-employed. They facilitate trade between the U.S. and treaty countries. If you are granted access to this visa, you are allowed to bring your family into the country with you as well. This will put your family in the same category as you when you are admitted into the U.S. Also, it will make your family eligible for employment authorization while the investor visa is in effect. These E-1 and E-2 visas last 5 years and may be renewed every 5 years if you continue to qualify for it.

Temporary work visas are another option for employees. These have some more restrictions on them. They allow immigrants to enter into the country for a limited capacity and a limited period of time. Some of these temporary visas only allow the employee to work for one employer, enterprise or company. However, other ones will allow you to work for any employer.

If you and your employer both find an interest in changing your status to a lawful resident of the United States, a PERM visa may be an option for you. This will grant you a green card, allowing you to live and work in the U.S. without a specific period of time stated.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

What is the 3-10 year bar?

What is the 3-10 year bar?

For those entering into the United States, they may face an issue due to 3-10 year bar. When immigrants have entered the U.S. illegally then leave the country, it can be difficult for them to re-enter. They may be barred from re-entry due to their original illegal entry. Immigrants may think they have an advantage if they have family members or a spouse that is a legal U.S. citizen, but the 3-10 year bar may still cause a hazard for them. This bar can risk the immigrant from gaining citizenship or green card access into the country.

However, immigrants may be able to waive the three and ten-year bar that they are faced with. Under the law, the immigrants may have a hardship that qualifies them for this waiver. There are specific details regarding these hardships though. Not all hardships may be considered. Immigrants should seek legal counsel to see if they have a case for a waiver. This can greatly help their chances of gaining re-entry into the country and a green card.

What qualifies as a hardship?

In order to waive the three or ten-year bar, specific circumstances must be met. The waiver is known as an extreme hardship waiver. It can be established through someone’s familial need in the United States. These examples of extreme hardships include: a spouse or parent that needs your care for a medical condition, a spouse or parent that is financially dependent on you and you cannot provide adequate support overseas, a spouse or parent that has financial debts in the U.S. and cannot pay without your aid or a spouse or parent that has another sick family member and will be unable to care for them without your support.

How can I prove my hardship and waive this bar?

Although immigrants may have other situations that they consider to be hardships, they may not be recognized by the law. Hardships for the immigrant themselves or their children are not considered to be factors when applying for a waiver. Waivers can be hard to receive, which is why specific guidelines are outlined to provide a basis for the required situations.

When you claim your hardship, an analysis will be made to determine the outcome that decides your fate. This analysis requires you to provide evidence for your hardship. You can opt to submit a personal statement that supports arguments made by qualifying relatives that are involved in this process. The qualifying relative provides a personal statement to discuss the extent of the hardship at hand and how your absence from the country will have further negative effects.

During these times where the waiver is being considered, applicants will usually be outside of the United States and have to wait long periods of time for approval. In order to best secure your case, contact our attorneys for legal aid.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

How can I become naturalized?

How can I become naturalized?

Those who have been living in the United States without being naturalized will often want to undergo this process when they are eligible. As someone residing in the U.S. legally, their goal may have been to finally be granted citizenship. Through this naturalization process, they will acquire their dream of being a U.S. citizen. Becoming a citizen can make them feel even more at home in their country. With our experience in immigration law, we have the background to help you with your endeavor. We want to help you reach your goal of becoming a citizen.

Do I qualify for naturalization?

If you are over 18 years old and want to become a citizen, you will have to go through the naturalization process. In order to become a citizen, there are requirements that individuals must meet. To become a citizen, you have to maintain a permanent resident status for five years and have lived in the U.S. for that period of time. Another option requires that you have been granted asylum and have lived in the U.S. for four years due to that. The next option states that you have to be the spouse of a U.S. citizen and have lived in the U.S. for three years. The final option to become a citizen requires you to be a permanent resident that has served in the U.S. military and has lived in the U.S. for three years.

Once I qualify, what is next?

After qualifying for naturalization, there is more to be done. Applicants need to pass certain circumstances in order to gain the approval of citizenship status. There is a residential requirement that is needed. The applicant may not have been absent from the United States for more than a year. This refers to a single absence. When an absence has been for six months but less than a year, it may still disrupt the application process. However, the applicant can establish that they did not abandon their residence in the U.S. during this period of time. In order to prove this, the help of an attorney can be vital. We want to ensure that there are no disruptions in your process.

Another aspect to the naturalization process requires a good moral character. This means that any felonies may have an impactful role on the applicant’s citizenship. If you have been convicted of aggravated felonies or have been convicted of murder, you may not be eligible for citizenship. If you have any sort of criminal record, consult an attorney for help. We have seen many cases throughout the years and can give you advice on what to do.

To become a naturalized citizen, you may have to pass certain tests regarding your knowledge of the English language, U.S. history and the government. If you are 55 years of age or older or have lived in the U.S. for over 20 years, we can work to get a waiver for the citizenship test or language requirements. If your original visa was based off of a marriage or job, we will work to make sure that it is not threatened due to a divorce or employment problems.

Becoming a citizen is an exciting time in your life. To best ensure a successful process, contact our firm for guidance.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

Do I qualify for asylum?

Do I qualify for asylum?

Those who lived in countries where they faced danger every day may look to the United States for comfort. In some countries, raging wars or religious persecution has led to unsafe conditions for families. People may be targeted every day and do not have the proper shelter to protect them from harm. These people do not want to return to their home country in fear of what could occur. Instead, they want to seek refuge in staying in the United States. They look at the U.S. as a place where their worries will be limited due to the freedom that comes with our country. These victims sense that they will be in a safer environment by living in the U.S. They want to provide their families with the opportunity to grow up out of harm’s way and not have to live in fear every day. With these victims comes the opportunity for asylum. If you are living in the United States and are afraid to return to your home country, you may qualify for asylum under the U.S. Immigration Laws.

How can I be granted asylum?

In order to acquire asylum, you must be able to prove that you fit the criteria for this status. To prove your situation, there are two specific ways. One way is an affirmative process. This is for an individual who is seeking asylum and is not in removal proceedings, or deportation from the United States. Defensive process is for those who seek asylum in the U.S. and are in the midst of removal proceedings. Depending on your situation, either one of these can help you gain access to stay in the country.

What are some benefits of being granted asylum?

Other than being allowed to stay in the United States, individuals may be given other benefits to staying in the country. An asylee may be granted work authorization and can hold a job within the country. They also may be able to apply for a social security card. In addition, asylees may even be able to petition to bring their family from their country of origin to the United States.

Individuals granted asylum may also be eligible for benefits such as Medicaid or Refugee Medical Assistance. This can help them gain access to medical insurance. After a year within the United States, asylees may be able to apply for a green card. Four years after gaining access to a green card, the individual with green card permanent resident status may be able to apply for citizenship.

Due to the complexity of immigration processes and all the paperwork involved, it is best to acquire the help of an attorney. They can provide you with the legal advice you need to get through the process. Our firm will be there every step of the way to ensure your safety.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

What are treaty visas?

What are treaty visas?

Investor visas are a way for foreign nationals to live in the United States as someone who is self-employed. The goal of these visas is to encourage trade between the U.S. and the treaty country. The United States has to have a treaty of commerce with the other country in order to permit this investor visa. This does not mean you are granted a green card. However, it still allows you to work here, travel and to make money. The two main types of investor visas are an E1 visa and an E2 visa.

What is an E1 visa?

In order for an individual to qualify for this investor visa, there are a few requirements. There must be a traceable exchange between the U.S. and the treaty country that the individual is coming from. The trade must be international and involve commodities, such as goods, services and money. It must be an existing trade between the United States and countries with ratified trade treaties.

The trade must be substantial in order to be granted access. There must be an ongoing flow of transactions over a period of time. A minimum of half of the international trade conducted by a trader must be between the U.S. and that treaty country. However, there is no minimum requirement for the volume or value of individual trade transactions. Although this is in place, large-scale and more valued transactions may have a more positive effect on the case.

Through this trade, the trader should be able to support themselves and their family. They may hold a managerial or supervisory position in the enterprise or possess certain qualifications that are essential to the business. The owner of the enterprise must also be a national of the foreign state and own at least half of the company.

What is an E2 visa?

An E2 visa is a bit different from an E1 visa. To qualify for this treaty visa, the investor must have previously invested or must be in the process of investing in a U.S. enterprise. The investment of capital is required to be placed at risk in a commercial enterprise with the expectation of making a profit. As the trader, you must have possession of the investment and control over it. The biggest requirement is that the investment must be committed to the U.S. enterprise and subject to a partial or total loss if the investment fails.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

Beware of Fraudulent Immigration Funding Efforts

Beware of Fraudulent Immigration Funding Efforts

The Better Business Bureau issued a warning regarding fraudulent fundraising efforts that claim to support the detained families along the border of the United States. While there are a lot of individuals that are eager to help, it is important that they don’t give funds to scams that specifically prey on those who are clearly trying to donate money. In the BBB’s warning, they included a few ways to look for trusted methods of donations.

First, they recommend that individuals who wish to donate to charities only give money to those that are trusted as per the BBB’s Standards for Charitable Accountability. In order to determine if a charity is trusted, check Give.org to verify whether they meet the standards. Another important aspect is to ensure that the charity is registered with the State Attorney General’s office. If a charity does not say exactly how the funds will be used, it is probably not a secure place to donate. The same goes if the charity does not provide an actual accounting for how previous funds were spent. Transparency goes a very long way when it comes to collecting funds.

Another important factor to consider is to try and donate to organizations that have a good reputation and have been around for a while. Newly created organizations may not have much information available and can ultimately become fraudulent if they are mismanaged.

If you have questions about immigration-related scams, contact our firm.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

14,000 People To Be Naturalized on Independence Day

14,000 People To Be Naturalized on Independence Day

The United States Citizenship and Immigration Services has announced that in celebrating the 242nd birthday of our country, they will naturalize 14,000 new citizens. Between June 28 and July 10, there will be almost 175 naturalization ceremonies to welcome these new citizens into the United States. The first of the ceremonies took place in San Antonio, Texas on June 28 for the 37 new citizens who completed the naturalization process.

Interestingly enough, there are many questions on the civics examination that naturalization applicants must take regarding the independence of the United States. Therefore, it only makes sense for so many individuals to become naturalized citizens and celebrate their own welcome as citizens around Independence Day as well. Some of the questions that the USCIS asks citizenship applicants regarding the Independence of the United States include the following:

  • When do we celebrate Independence Day?
  • What did the Declaration of Independence do?
  • What are two rights in the Declaration of Independence?
  • When was the Declaration of Independence adopted?
  • Who wrote the Declaration of Independence?

In addition to taking a civics and government examination to become a citizen, applicants for citizenship will also have to take an English language test. The language test requires applicants to prove their knowledge of English by reading, writing, and speaking.

If you have questions about becoming a citizen, contact us today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

What is consular processing?

What is consular processing?

Individuals who wish to obtain status as a permanent resident in the United States may wonder what steps must be taken in order to achieve this status. Those who are looking to obtain a Green Card but are not in the United States will be required to go through consular processing in order to do so. These individuals will be required to go to a United States Department of State consulate abroad and apply for an immigrant visa. If the visa is approved, they will be admitted to the United States as a permanent resident.

It is important to note that the first step in consular processing is for the potential applicant to determine whether they are even eligible to apply for permanent residency and obtain a Green Card. The majority of people are able to obtain this either through a petition from an employer or family member or by obtaining refugee/asylee status. It is important to speak with someone that can help the potential applicant determine the way in which they are eligible to apply for a Green Card.

Please note that individuals who are already in the United States but wish to obtain a Green Card will have to file for an adjustment of status instead of going through consular processing. They will not have to return to their home country in order to apply for permanent resident status.

If you have questions, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

Qualifications for Naturalization

Qualifications for Naturalization

One of the most exciting steps in the immigration process that an individual may choose to take is deciding that they wish to become a naturalized citizen of the United States. This process can be confusing and complicated so it is important to understand the necessary steps that one must take in order to successfully complete naturalization. It is a good idea to have the services of an experienced immigration attorney to guide you through each step of the process. The first thing that an aspiring naturalized citizen should be aware of is that they have to meet certain eligibility requirements in order to determine if naturalization is possible yet for the person. One of the following requirements must be fulfilled in order to be considered eligible:

  • You have had permanent residence status in the United States for 5 years and you have lived within the country for those five years
  • You have asylum and you have lived in the U.S. for at least 4 years
  • You are the spouse of a U.S. citizen and you have lived in the country for at least 3 years
  • You are a permanent resident, have served in the U.S. military, and have lived in the U.S. for at least 3 years.

Once this requirement is satisfied, the individual must pass an English and Civics examination, display good moral character, and pass an interview. Once completed, the individual may become a U.S. citizen.

If you have questions, contact our firm today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

TPS Re-Registration Period open for Hondurans

TPS Re-Registration Period open for Hondurans

This week, the United States Citizenship and Immigration Services announced that individuals who have Temporary Protected Status for Honduras will be able to begin the process of re-registration to secure their status. If an individual is currently protected under this designation and wishes to lawfully remain in the United States, it is important that they are sure to re-register before August 6, 2018. Those who do re-register for Temporary Protected Status will be protected until the current termination date of January 5, 2020.

If an individual does wish to re-register, they must submit the Application for Temporary Protected Status, which is Form I-821. It is also important to note that if an individual who intends on maintaining their protected status and wishes to continue working in the United States, they will have to make sure to request a new Employment Authorization Document, which can be done by filing Form I-765.

It is very important to be aware that not everyone who re-registers for Temporary Protected Status will be able to receive their new Employment Authorization Documents before their current ones expire. As a result, the USCIS has automatically extended all Employment Authorization Documents through January 1, 2019.

If any individuals who are currently protected under TPS for Honduras have questions about TPS termination or how to re-register, they should consult with an experienced immigration attorney regarding their status.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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