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Immigration Law Blog

How do I adjust my status as a U.S. citizen?

How do I adjust my status as a U.S. citizen?

Individuals who are not legal citizens of the United States may be able to adjust their status. Some people may wish for this opportunity for their whole lives. When the opportunity comes, they will want to take this chance. This process can be quite grueling due to the number of steps involved. However, it can be worthwhile in the end. To adjust your status, you will have to file a petition for the adjustment of your status.

What do the steps include?

After filing the petition for adjustment, there may be a long road ahead until you can potentially be approved. These steps can include biometrics, a medical examination and a formal interview. Biometrics includes multiple processes that are used to identify individuals and their history. There needs to be a criminal background check based on your identity. Immigrant applicants will participate in this process. During a biometrics appointment, individuals will need to get fingerprinted and photographed. This is all to prove their identity and check their background. If applicants are from developing countries and do not have the proper documentation to prove their identity, their DNA may be taken to make up for this lack of documentation. If the applicant is married to a U.S. citizen, they may have to validate their marriage through proof of documentation.

Other aspects of the process include a medical exam and an interview. The medical exam is in place to ensure that you are not carrying communicable diseases. During this exam, there will be a review of your immunization records and any physical or mental disorders stated in your medical history. The interview process is something that an immigration attorney can prepare you for. They can help you prepare by providing you with examples of questions you may be asked.

What can jeopardize my petition?

The process that you go through to adjust your status can be affected by certain situations. Crimes on your record can be harmful to the process. It may cause the process to be delayed or even prevent the whole process from being completed depending on the seriousness of the crime. It could bring the process to a halt so that you are unable to adjust your status. If you decide to leave the U.S. during the period of time when your application is pending then this may negatively impact the process. It may be best to remain in the country to not interfere with the completion of the process.

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.

Can I get a visa for employment in the U.S.?

Can I get a visa for employment in the U.S.?

The United States can be seen as a place full of opportunities for individuals from other countries. If they have an employment opportunity that is waiting for them in the country, they may be able to enter the country with a visa. Individuals will have to consider their options for visas relating to employment. Visas are needed to prove that they are permitted to enter the country and reside there for a certain period of time. Visas may expire. Individuals may be able to apply for another visa when this occurs and sometimes they can apply for permanent residency as well.

What is the process like?

Before immigrants from other countries enter the United States, there are steps they need to take to be approved for an employment visa. A work permit needs to be granted by the United States Citizenship and Immigration Services to grant an individual entry into the country. Some foreign nations can fill out a I-765 form. This application will request permission to work in the United States. If you are granted access to work here, this will allow you to stay in the U.S. for a limited period of time while you continue to work. It is important to remember that this form grants access only for a specific period of time. A common temporary work visa is the H-1B visa. Another type of work visa is the L-1 visa. This visa is different from other ones because it is reserved for an employee 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’s an investor visa?

Investor visas are another type of employment opportunity for those who want to enter the United States and continue to work here. These visas allow investors to come to the country while they are self-employed. These visas facilitate trade between the U.S. and treaty countries. If you are granted access to this visa, you can 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 five years and may be renewed every five years if you continue to qualify for it.

Temporary work visas 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. These visas have varying circumstances depending on which one you are approved for.

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 the requirements for a green card?

What are the requirements for a green card?

Immigrants wanting to become lawful permanent residents in the United States can apply for a green card. A green card grants individuals with the ability to live in the country legally. Before applying for a green card, individuals should review the requirements to see what category they fit. Some of the categories that make a person eligible for a green card include family ties, employment, refugee or asylum, and special programs. Special programs can be made during certain periods of time in the country to provide protection to non-lawful residents.

Can I sponsor someone wanting to receive a green card?

United States citizens can apply to sponsor a family member for a green card. They are able to sponsor their spouse, child or parent as long as this individual has entered the country legally. Even if they have overstayed their temporary visa, they may still be eligible to apply for a green card. They should seek the counsel of a legal professional. This can make them apply for an adjustment of their legal status.

U.S. citizens are able to sponsor their adult children that are 21 years of age or older and their siblings for green cards. However, this process may be affected due to a determined number of petitions allowed per year and a waiting list that follows. stipulation of a waiting list and a limited number of allowed petitions per year. There are exceptions for those who filed a petition with the USCIS or Department of Labor prior to April 30, 2001. It is important to discuss this matter with an attorney. If a person entered the United States illegally or filed an application before April 30, 2001, they may be qualified for a provisional waiver.

Can students get a green card?

Immigrants that are looking to enter the United States due to pursuing an education may do so if they acquire a visa. A student visa is needed for them to legally enter the country and reside in the United States while they are continuing their education. If this education turns into a possible job, they may be able to apply for an employment green card. This can lead to an adjustment of 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.

What is a U visa?

What is a U visa?

When individuals are involved in a crime by being a victim of that crime, they may be able to acquire a U visa. If individuals do not have status as a permanent resident in the United States, they may be able to acquire it after they cooperate with law enforcement agencies. U visas are reserved for individuals that have been a victim of a crime. They have usually suffered physically or emotionally due to this crime against them. However, if they are a key witness and law enforcement needs their testimony to prosecute the criminals, they can obtain a U visa to stay in the country.

How can they acquire permanent resident status?

U visa applicants are approved to stay in the country due to their willingness to cooperate in prosecuting criminals. During this process, they are needed in the country to testify and attend court sessions. With this visa, it can set them up, later on, to be granted permanent resident status in the United States. After three years of continuous presence in the country, U visa holders are able to apply for permanent resident status. There is a limit to the number of U visas per year. However, there is no limit for family members, which includes spouses, children and possibly other family members.

What are the requirements to apply for a U visa?

Before applying for a U visa, applicants should be knowledgeable about what the qualifications are. There are six requirements for those that wish to obtain a U visa. These include being a victim of a qualifying criminal activity, having suffered mental or physical abuse, willing to provide information about the crime and able to assist with the investigation. The crime must have been committed in the United States or violated U.S. laws. The applicant will be admissible to the United States under current law.

Which crimes qualify a victim for the visa?

There are a number of crimes that can qualify a victim to apply for a U visa. These crimes can include domestic violence, kidnapping, manslaughter, murder, prostitution, rape, sexual assault and human trafficking. Due to the severity of these crimes, these individuals are needed to prosecute the criminals in order to create a safe environment.

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 a crime affect a noncitizen?

How can a crime affect a noncitizen?

For individuals that are not citizens of the United States, being charged with a crime can greatly alter their lives. They may face removal proceedings from the country if they are charged with a crime of moral turpitude. These crimes can risk their stay in the country through deportation. Crimes of moral turpitude show a bad sense of character for a person. These crimes may involve fraud, larceny or a crime demonstrating an intent to harm a person. These crimes can involve dishonesty and theft. Other examples could be assault with the intent to rob or kill, spousal abuse and driving while under the influence of alcohol.

If you have a green card and are charged with a crime, you should seek legal counsel to see if deportation is a possibility. Your ability to apply for citizenship can be affected by these charges. To best protect yourself from deportation, you should consider acquiring an attorney.

Can I get a waiver of inadmissibility?

When you are faced with possible removal from the United States, you may request a waiver of inadmissibility. These can also be acquire when you  are trying to get approved for a green card to allow your residency in the country. However, a criminal record can have a big effect on these standings. With a waiver of inadmissibility, you may be able to reverse this effect and allow yourself entry into the United States.

You may be able to apply for a waiver of a crime of moral turpitude. To apply for this waiver, your crime cannot involve an aggravated felony of be a threat to national security. Also, you must have lived in the U.S. for seven years to qualify. In some situations, individuals were charged with possession of minor amounts of marijuana or crimes committed 15 years ago. These may be crimes that waive your deportation. If you were convicted of an aggravated felony, it may be very difficult to avoid deportation. However, if you can prove that you would face violence upon returning to your home country, you may be able to avoid removal proceedings.

Being charged with a crime is a difficult situation to face alone. Being charged with a crime without citizenship in the United States can be even more difficult since it risks your stay in the country. At these times, it is best to acquire legal representation to protect your future.

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 deferred action?

What is deferred action?

When entering into any country, individuals need to have the proper documentation to travel freely. This is to ensure the safety of all those in the country. The United States has certain immigration laws in place to protect its people and the country itself. With these laws, it is important to know the specific requirements when entering the country, traveling within it or leaving to go to another country.

Homeland Security announced that certain people are able to request deferred action. If individuals came to the United States as a child, they may be able to request this if they meet certain guidelines. If they are eligible for deferred action, they can be approved to work in the U.S. However, deferred action for childhood status does not provide lawful status. Since these issues can be confusing, it is important to seek legal counsel to sort through your options and how they can help you.

Who is eligible for deferred action?

There are various eligibility requirements that individuals can meet in order to be considered qualified for deferred action. The date of entry cut off is January 1, 2010. If individuals were in the United States before that date, they may qualify for eligibility. They can also qualify by continuously residing in the U.S. at the time of June 15, 2012 up until the present time of their request. If they had no lawful status on June 15, 2012, deferred action may be an option for them.

If individuals have displayed certain criminal behavior, it may affect their residency and DACA treatment. If they do not pose a threat to national security or public safety, they can be in the clear. As long as they have not been convicted of a felony, significant misdemeanor or three or more misdemeanors, they may still qualify. If individuals are pursuing an education, they may be granted permission for deferred action. If they are currently in school, have graduated or obtained a certificate of completion from high school or have obtained a GED, they may be eligible. If they were honorably discharged from the Coast Guard or Armed Forces of the U.S., they can be considered eligible.

Can parents be eligible?

Under President Obama’s administration, deferred action was extended to parents as well. As with other individuals, parents have to meet eligibility requirements, too. If their child is a U.S. citizen or lawful permanent resident and has continuously lived in the U.S. prior to January 2010, they may be eligible for deferred action themselves. There are certain circumstances that can prevent them. If they pose a threat to society, they may be dismissed.

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 a fiancé visa?

What is a fiancé visa?

If citizens of the United States have become engaged to a non-citizen, they may want to bring their fiance into the country. Since they want to start a life together, they want to live together in a home while preparing for their future. In order to do so, they are going to want to live in the same country. The citizen may be working a job to prepare for the family’s future. There is a way for them to get the approval of their fiance’s residency in the U.S.

For your fiancé’s entry into the United States, you may apply for a K-1 visa. If this visa is granted, you will need to marry within 90 days of your fiancé’s entrance. If you do not marry within that period of time, your fiancé will need to leave the country within 30 days. Once you two are officially married, your new spouse can apply to adjust their status. They may have the opportunity to become a lawful permanent resident of the U.S.

What is needed to be approved for a K-1 visa?

To be granted a K-1 visa, there are specific requirements that each couple involved in the application process has to meet. The couple must have met one another within at least two years prior to filing for the visa. You must provide evidence that supports this claim. This evidence can consist of photographs featuring you two, copies of correspondence, evidence of financial support, phone records and more. The main goal here is to prove that you two have known each other during that period of time. This is vital information that is needed to get the petition approved.

Another step in the process requires background checks for each individual. Couples must undergo a background check that monitors their fingerprints and names. Authorities may ask for additional evidence when documenting the relationship. Other requests might include an income evaluation. Through this evaluation of income, it will ensure that the petitioner can meet the income requirements to support both parties.

What happens when my petition gets approved?

When the petition gets approved, the process is not over yet. The approval of a petition does not guarantee that a visa will be granted. Once the petition is approved, the fiancé has to go through a medical examination and an interview. An attorney can help you and your fiancé complete all the necessary paperwork and attach applicable evidence. They can even file the petition for a K-1 visa on your behalf.

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 moral turpitude?

What is moral turpitude?

A crime of moral turpitude can include a few offenses that could show a breach of good character. Crimes of moral turpitude may involve fraud, larceny or a crime demonstrating an intent to harm a person. These crimes can involve dishonesty and theft. Other examples could be assault with the intent to rob or kill, spousal abuse and driving while under the influence of alcohol. Individuals may be able to argue against moral turpitude, but they will need the help of an experienced lawyer.

How can these crimes affect individuals?

Crimes of moral turpitude may affect someone’s eligibility to enter the country as an immigrant. They could deter the process or may stop it completely based on the specific situation. Some individuals already living in the country with temporary residency may face deportation. For these situations, individuals should seek the help of an attorney to request a waiver for their crime of moral turpitude.

How can a waiver help me?

Waivers of inadmissibility can be requested to prevent removal from the United States. These waivers can also be requested when trying to seek approval for a green card so that you can reside in the country legally. If you have a criminal record, you could be denied a green card. With a waiver of inadmissibility, you may be able to reverse this effect and allow yourself entry into the United States.

What is a green card?

A green card is a United States Permanent Resident Card that identifies someone as a permanent resident in the U.S. although they are considered to be an alien. With this status, they are able to legally reside in the country. They will have to carry around their green card as documentation of their legal residence. These are called green cards due to their color.

Individuals have different options when applying for a green card. They may be eligible due to familial ties, refugee status or employment opportunities. If individuals from another country have a relative that is a United States citizen, they do not have to wait for a visa if it is their immediate relative. Immediate relatives consist of parents, spouses and unmarried children under the age of 21.

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.

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.

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