Call Us: Milwaukee - (414) 312-5579. Green Bay - 920-843-9683

Immigration Law Blog

What is The RAC Act and What it Could Mean for Immigrants

What is The RAC Act and What it Could Mean for Immigrants

Introduced to Congress in March 2017 by Rep. Carlos Curbelo. the RAC Act or the Recognizing America’s Children Act. This bill was introduced as a potential replacement for DACA. The RAC Act can authorize the Department of Homeland Security to cancel the removal of illegal immigrants for an initial five-year period.

What are the Requirements of the RAC Act?

The main purpose of the RAC Act is to assist immigrants in gaining citizenship. However, the requirements under this act are very stringent. RAC requires an immigrant to make a longer commitment to higher education, enroll in the military, or retain gainful employment for a longer period of time.  If an immigrant wants to be eligible for citizenship under this program, he or she must have come to the United States before they were 16 years of age, and they must have lived in the United States since 2012.

If the immigrant is over the age of 18, he or she may be able to apply for conditional permanent resident status. This conditional resident status would be good for five years. However, this option may only be available to those immigrants who have a high school diploma or certificate.  An additional requirement is that the immigrant must be admitted to a college, and have authorization to work in the United States. If an immigrant wishes to extend his or her status after the initial 5 year period, he or she must meet the following requirements:

  • the immigrant must graduate from college,
  • make a minimum three-year commitment in the military,
  • must be gainfully employed for at least four years,

If the immigrant’s extension is granted, the immigrant may be able to apply for lawful permanent resident. Eventually, the immigrant may be eligible for citizenship.

If you have questions about your immigrant status, or have any questions about your rights as an immigrant in the United Stated, you should consult with an experienced attorney.

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

Understanding Consular Processing

Understanding Consular Processing

What is consular processing?

Consular processing is when a person who wants to immigrate to the United States goes to their respective consulate in their country and completes the application for a green card.  This process is comprised of submitting the appropriate forms and documents to the consulate, followed by an interview at that consulate.

Who is required to Go Through Consular Processing?

Most people who want to come to the United States cannot avoid consular processing as their green card application method.  The United States very rarely allows an immigrant to enter the United States without having completed consular processing.

What Happens During the Consular Interview?

After your application is transferred to the appropriate consulate, an interview should be scheduled. The consulate may notify you in writing of your interview date.  At the outset of the interview, you are required to swear to tell the truth. Thus, the interview process is a way in which the government can verify the contents of your application. Your medical, criminal and financial records may also be reviewed to help determine if you are admissible into the United States. If you are applying for a green card based on the fact that you are marrying a United States citizen, the interview may include personal questions that may be designed to reveal the authenticity of the relationship and impending marriage.

Although the interview may seem to go by without a hitch, you may not receive approval for the immigrant visa on the spot. This is not indicative of any negative consequence of the interview, but rather for security reasons. If you are granted an immigrant visa you should receive notification that you can retrieve your immigrant visa at the consulate.

If you have questions about consular processing, you should consult with an experienced immigration attorney.

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

Understanding the Removal Process

Understanding the Removal Process

What is Removal or Deportation?

Removal is the process in which the U.S. government determines that an illegal immigrant must be removed from the court.  This is also known as deportation.  Since the removal process is complicated and complex, it is imperative that you seek legal counsel to assist you.

What the Removal Hearings Process?

When you are at risk for removal or deportation, the Department of Homeland Security, commonly referred to as “DHS”, will commence a removal proceeding.  This is usually done through the Department’s Immigration and Customs Enforcement Division, or “ICE.”  The DHS serves the alien with a Notice to Appear before an immigration judge which will outline the nature of the proceedings, the alleged ground for the removal, the person’s right to an attorney, and the consequences that he or she may face if they fail to appear.

The Master Calendar Hearing

The first hearing that the person must attend is known as the master calendar hearing.  While you do not necessarily need an attorney for this hearing, it may be a good idea to have one.  If you fail to attend this hearing, the judge may enter an automatic removal order against you.  At the master calendar hearing you will then schedule a date for your merits hearing.

The Merits Hearing

The merits hearing is when you and your lawyer defend against the removal.  Your case will be presented during this hearing and you may be allowed to testify on your own behalf, submit evidence and exhibits, present witnesses, or even experts to help defend your position.

If you are facing deportation, you should consult with an experienced immigration attorney.

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

 

GOP Senators Unveil The SUCCEED Act

GOP Senators Unveil The SUCCEED Act

SUCCEED Act Introduced

The Senate GOP recently released a bill that could lead to the legalization for Dreamers.  The new bill, called the SUCCEED Act, could be the solution to the impending end to DACA.  The bill is said to be fair and merit based, and a solution to address legal uncertainty that undocumented children face.  This new bill seeks to provide undocumented children with the opportunity to earn and keep legal status, so long as they meet specific requirements- which some may argue are quite stringent- including passing an extensive background check and follow a merit0based track to demonstrate that they are productive members of this country.

What Does SUCCEED stand for?

SUCCEED is an acronym for:

  • Solution for
  • Undocumented
  • Children through
  • Careers
  • Employment
  • Education and
  • Defending our nation.

Core Principles of the SUCCEED Act

Senators Thom Tillis (R-NC) and James (R-OK) introduced the SUCCEED Act.  They states that the four core principles of this act are:

  1. The Act aims to create legal certainty for undocumented children who came here through no fault of their own, and offers them an opportunity to remain here with a chance to succeed.
  2. The Act surrounds the notion that opportunity to stay in the United States is not automatic and should not be given freely.  SUCCEED will require that, once undocumented children become adults, they maintain gainful employment, earn a post secondary educational or vocational degree, or serve in the military.
  3. The bill aims to curb illegal immigration by addressing via overstays.
  4. The SUCCEED Act is a solution for only undocumented children and bars chain migration during the legal process.  The bill suggests this is also fair to lawful immigrants who are in the process of naturalization.

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

 

Foreign National Who Wants to Start a Business in the U.S.A? An E-2 Treaty Investor Visa Can Help You Accomplish That.

Foreign National Who Wants to Start a Business in the U.S.A? An E-2 Treaty Investor Visa Can Help You Accomplish That.

What’s an E-2 Visa?

An E-2 Visa is a great way a foreign national can start a business in the U.S.A..  An E-2 Visa Classification is specifically available to nationals of a treaty country who seek to develop a business in the United States.  This type of visa is also referred to as a treaty visa, as it encourages trade between the U.S. and the treaty country.

What are Some Requirements or Qualifications for an E-2 Visa?

  1. You must be a national of a treaty country. The E-2 Investor Trader Visa is only available to people from countries that have a Treat with the Untied States.  Not all countries are on the list of treaty countries.
  2. You must have invested or be actively in the process of investing substantial capital. This means that you should have a substantial amount of money in an United States enterprise.
  3. Enter the United States only to develop and direct your business. Someone seeking an E-2 Visa should show at least 50% ownership in an enterprise, or they should show operational control as a manager or corporate officer.

How Long Can I Stay in the United States with an E-2 Visa?

Individuals with an E-2 Visa can stay in the U.S., initially, for two years.  Those individuals can, however, request extensions of their stay for up to 2 years at a time.  There is no maximum number of extensions an E-2 Visa holder may be granted.

If you are interested in learning more about an E-2 Visa, and/or if you need legal counsel to assist you in your E-2 application process, please contact an experienced immigration attorney who can assess your situation and provide you with assistance.

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

DACA Program to End

DACA Program to End

This week, the Department of Homeland Security announced that they will be phasing out the Deferred Action for Childhood Arrivals program, often referred to as DACA.  Applications for DACA will be considered on a case by case basis, as long as they were submitted prior to September 5, 2017. Please be aware that these new provisions also apply for the associated work authorization applications for DACA participants.

Keep in mind that if your DACA application is accepted, it is valid for 2 years from the date it is issued. The two year validity period is also applicable to authorization for employment as well. If your employment authorization documents are lost, stolen, or destroyed, you will still be able to request new documents by submitting Form I-765.

As of late August 2017, there were a total of 106,341 requests, the majority of which were renewal requests. The uncertainty of what the future holds for “Dreamers,” or those who are DACA participants is raising a lot of questions and dialogue across the country. As of the time this blog post was written, 15 states have vowed to bring legal action against the federal government in an attempt to protect these individuals. However, the President assures there is nothing to worry about.

If you are concerned about how this change in immigration policy may impact you and your family, please contact an experienced immigration attorney who can assess your situation and provide you with assistance.

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

In-Person Interview Requirements Expanded

In-Person Interview Requirements Expanded

This week, the USCIS has announced an expansion of a requirement for in-person interviews amongst certain applicants who are trying to become permanent residents. These interview requirements will begin on October 1 and will be applied to those who are applying for an adjustment of status for employment and those who are petitioning as a relative of a refugee/asylee.

The goal of this new requirement is for the USCIS to be able to strengthen the immigration system of the country and to ensure that Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States” is being implemented. Up until this point, it had never been required for an applicant in these categories to participate in an in-person interview with an immigration officer.

What will they ask at my interview?

There are a number of different topics that will be addressed at your USCIS interview so it is important that you go into the interview prepared. The goal is to primarily just verify the information that you have already provided to USCIS. They may ask about your reasons for wanting to become a permanent resident, your relation to the person that you are petitioning to join, and about your employment in the United States.

If you have questions about attending an in-person interview with an immigration officer, it is important that you consult with an experienced attorney who can provide you with assistance.

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

Documents Needed for Exchange Visitor Visa

Documents Needed for Exchange Visitor Visa

If you are considering submitting an application to participate in an exchange visitor program, it is important that you have an idea of the different documents that you need to apply. In any process that requires a lot of documents, it is really important that you keep all of your documentation organized. It is important that you make sure you have everything you need in advance because if you lose one, it can delay the process tremendously.

Passport

Make sure that you have a valid passport that will allow you to travel to the United States issued by whichever country you are coming from. If your passport is set to expire soon, make sure you get a new one that is valid for at least 6 months after the time in which you had planned your time in the U.S. to end.

Photograph of yourself

With your Nonimmigrant Visa Application, you will also need to upload a photo. Photo requirement includes that you do not have glasses on in the photo, you have a neutral facial expression, it is taken in front of a white background, and that you do not have a hat on that you do not wear daily.

Certificate of Eligibility for Exchange Visitor Status

Make sure you are registered in the Student and Exchange Visitor Information System, or SEVIS, and that you receive Form DS-2019 from your exchange program’s sponsor. 

If you have questions about applying for an exchange visitor visa, contact an experienced immigration attorney who can provide you with assistance.

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

Do I have to notify USCIS if I move?

Do I have to notify USCIS if I move?

If you are in the United States as a permanent resident or on a temporary visa, you will need to provide the USCIS with the address at which you live. If you move at some point during your time in the United States, you will have to notify the USCIS of your change of address within 10 days of moving. You will have to submit a form regarding your new address unless you are a diplomat with visa status A, a government representative for an international organization or if you don’t have a visa because you are only in the U.S. for less than 30 days.

It is important to note that you can either fill out paper form AR-11 to inform the USCIS about your change in address or you can use the Online Change of Address System, which allows you to fill out Form AR-11 electronically. If you use the paper version of this form, you will have to mail it into the USCIS. Make sure you get a receipt stating that you have mailed the document because it can make a big difference if any questions come up.

If you fail to notify the USCIS within 10 days either online or via mail, you may be facing a misdemeanor crime. It is very important that you remember to notify the USCIS if you move and make sure not to risk being convicted of a crime. If you have questions about immigration related matters, 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 these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

DACA Eligibility

DACA Eligibility

There are a lot of questions that people have about Deferred Action for Childhood Arrivals. With the new administration, immigration restrictions have come to light and DACA has been called into question on numerous occasions but as of now, it is still in place.

You will have to meet certain qualifications in order to determine if you are eligible for DACA. The qualifications are as follows:

  • You must have been under the age of 31 on June 15, 2012
  • You were already in the United States prior to turning 16 years old
  • You must have lived in the United States since at least June 15, 2007, and must still reside here

In addition to these age and residency requirements, you must currently be in school or be an honorably discharged veteran of the United States military. If you have been convicted of a felony, a serious misdemeanor, or have had 3+ misdemeanors, you will not be eligible for the DACA program. You will have to request consideration of DACA before anything else, using Form I-821D.

It is important that you consult with an experienced immigration attorney who can help you determine if you are eligible for DACA. If you do not meet the requirements to apply for DACA, an attorney can help you work towards becoming a lawful resident and obtain a Green Card, if you are eligible.

If you have questions about your DACA eligibility or about any other immigration related matters, contact the Sesini Law Group, S.C. today.

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

Page 1 of 1312345...10...Last »

Connect with Us

Our Locations

Milwaukee

234 West Florida Street, Suite 203 Milwaukee, WI 53204

(414) 312-5579

Green Bay

314 South Madison Street Green Bay, WI 54301

920-843-9683