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Immigration Law Blog

What are the requirements for a U visa?

What are the requirements for a U visa?

Being a victim of a crime can be an emotional time. Victims need time to recover from the trauma the have suffered from. This trauma can involve physical pain as well since they may have suffered injuries from the incident. When victims are involved in a crime, it can be helpful for them to come forward to police and law enforcement. By doing so, they can explain more about the offender and help police get a better understanding on the situation. Eventually, this may be able to help police arrest the offender who did this and have them prosecuted. This can prove to be a healing experience for the victim emotionally.

When individuals without permanent residency status in the United States are involved in a crime, they may have to apply for a visa to stay in the country to help with the investigation. U visas are reserved for individuals that have been a victim of a crime. To be eligible for this visa, individuals must be a victim of a qualifying crime and be able to assist law enforcement during the investigation of the crime. If they have suffered mental or physical abuse during the incident, this may give them more reason to stay in the country. By helping with the investigation, they can give themselves time to heal physically and work toward healing mentally and emotionally. For the crime to qualify, it must have been committed in the U.S. and broken our country’s laws. These crimes can include domestic violence, kidnapping, manslaughter, murder, prostitution, rape, sexual assault and human trafficking. Due to the severity of these crimes, these victims are needed to provide evidence in order to prosecute the criminals to create a safer environment.

U visa applicants are able to stay in the country because of their willingness to cooperate with law enforcement officials to prosecute criminals that have harmed the community and may be able to cause more harm. During this time period, victims are needed in the country to testify and attend court sessions on the matter. With the U visa in their possession, it may be able to  set them up to be granted permanent resident status in the United States later on. 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 not limit for family members, which includes spouses, children and possibly other family members.

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 have to do an interview for a student visa?

Do I have to do an interview for a student visa?

When immigrants from other countries want to receive an education in the United States, they will have to go through the application process for a student visa. Before entering the country, they will have to gain approval for a student visa at a specific school of their choosing. During this process, there are many steps that may need to be completed. These individuals should give themselves enough time to complete the steps before their planned start of date of schooling. For this application process, an interview may be a required part of the process that individuals have to complete to gain approval for the visa. However, not all individuals have to complete an interview to gain access to a student visa. Someone’s age can affect their requirement to complete an interview. If an individual is under 13 years old or over 80 years old, they may not be obligated to go to an interview to be approved for a student visa.

What should I bring to the interview?

When individuals need to attend an interview to complete their student visa application process, they will need to bring specific documents with them. These documents can be examined by the interviewer to give your approval for the visa. These documents can include a passport that will be valid during the length of your stay and six months after, a non-immigrant visa application, a photo of yourself, a certificate of eligibility for an F-1 or M-1 visa, the I-20 form and an application fee receipt. The applicant may also be required to provide proof of their academic studies, including standardized test scores, transcripts, diplomas, degrees and other additional academic documents.

What other steps are included?

Eligibility requirements are also an important part of the student visa application process. Before applying for a student visa, applicants should make sure that they selected a school that is approved by the Student and Exchange Visitor Program. The program has to have the school approved in order to make the student eligible for a student visa. If the school is not approved by this program, the individual may not be eligible for a student visa for this particular school. Once the applicant decides on a school that is approved by the program, they will have to apply for either a M or F visa. An M visa is for vocational schools or other recognized non-academic institutions. The F visa is for most other schools. These schools can include university or college, private elementary school, high school, seminary, conservatory, language training program and other recognized academic institutions. It is important to choose the right visa based on the type of school you wish to attend while in the United States.

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?

Consular processing is for immigrants from other countries that wish to acquire a visa to grant them legal status as a permanent resident of the United States. This process can help give access to the U.S. for those that want to move here from a foreign country. After going through consular processing and being approved, they will be allowed to live in the U.S. on a permanent basis. To be considered for this process, first applicants must be eligible. To apply for consular processing, you must have a familial or working relationship in the United States and be able to establish this relationship. Applicants may also apply for refugee, asylum status or another provision that allows you to enter the country. Immigrants that have a sponsor due to familial or employment ties can have a petition filed on their behalf by this individual. Based on which category you fit into, you may be eligible to file your own petition to request entry into the United States.

What happens after the application is approved?

Once your application for consular processing is approved by the USCIS, it will then be sent to the Department of State’s National Visa Center to be reviewed more. If your petition was not approved, the USCIS will send you a notice. In this notice, a reason as to why your application was denied should be established and it will include if you are eligible to appeal the decision. If the petition is approved, you can wait for a visa number to become available for you. During this time, you may have to pay visa application fees and also may be required to provide supporting documents.

Once a visa becomes available and you are next to receive one, you will have an interview with the consular office scheduled. During this meeting, you will be questioned about your eligibility to become a U.S. resident based on this process. Once your case is processed, the final decision will be made to guarantee or deny your eligibility to live in the country as a permanent resident. If the final decision gives you access to acquire a visa and reside in the U.S., you will need to pay the USCIS immigration fee. Then you will be provided with a visa packet that will be opened by U.S. Customs and Border Protection upon your arrival in the country. If you are admitted into the U.S., you will be considered a lawful permanent resident, meaning that you are allowed to live and work in the country on a permanent basis.

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 defines a hardship to waive a 3-10 year bar?

What defines a hardship to waive a 3-10 year bar?

When an individual enters the country illegally or their visa expires, they can have a three to 10 year bar enforced. This bar can prevent them from entering the country again. They may have to wait years before they are able to go back into the United States. They may be able to request a hardship waiver that could give them access back into the country. There are specific reasons that are required to gain approval for a hardship waiver. Examples of extreme hardships can 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. These circumstances should not be in relation to the individual that is barred. Although they may be scared to be blocked from the U.S., this does not qualify as a hardship. The hardship usually has to relate to a family member that needs may need their support.

If this occurs, immigrants may be able to receive a waiver that can prove they are suffering a hardship, which can show that they are needed in the United States. Although immigrants may assume that they can gain access to a green card due to a marriage to a U.S. citizen or other family relationships, the bar is taken seriously due to the illegal status of the individual. By remaining or entering the U.S. as someone without a legal status, they are putting their future status at risk. Familial ties do not automatically grant immigrants a green card. They may be at risk of not gaining access back into the United States. The extreme hardship waiver can be a way that can lift the bar on the individual entering back into the country. With this waiver, you will have to establish that your assistance is needed in the U.S. for the well-being of your family.

How do I waive the bar?

After claiming your hardship, an investigation of the claim will be made to determine the final outcome on the status of your waiver. This analysis will require you to provide evidence that establishes your hardship. You can submit a personal statement to support the arguments that are required to be made by your qualifying relative to prove your situation. The qualifying relative must provide a personal statement to discuss the hardship being experienced and the effects that your absence would have. 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.

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 the U.S. prevent fraudulent marriages?

Can the U.S. prevent fraudulent marriages?

When couples gets engaged, it is an exciting time in their life that can be a happy occasion. For some couples, this may also include a process that involves immigration. If one spouse is a citizen of the United States, their spouse may be able to apply for a fiance visa to enter the country and reside here with their fiance. However, the couple must wed within a certain period of time. If they fail to do so, the non-citizen must leave the U.S. They will be no longer eligible for the fiance visa since they failed to marry within the required amount of days. Since this process allows someone to enter the country as an immigrant, it may be taken advantage of. There have been incidents where the marriage was proven to be a fake marriage. The couple initiated the marriage to bring in the immigrant from another country and allow them legal access to reside in the U.S. However, the steps involved in the process for a fiance visa may be able to deter fraudulent marriages from occurring. The process to obtain a fiance visa is not a quick and easy one. It can take a long time and it is very in-depth.

What steps are taken to prevent these frauds?

Applying for a fiance visa includes many steps that the couple needs to go through. Each individual will have a background check done to monitor any criminal activity. This will monitor their fingerprints and their names. The authorities have the right to ask for any additional information that they may need to decide on your case. In addition to the background check, the individuals will have to provide proof of their relationship. They must be able to establish that they have known each other within two years of prior to filing for the visa. Proof of this can be in the form of photographs of the two, correspondence between them, financial support of one another and much more. Other requests that may be made can include an income evaluation to show that the petitioner’s income meets or exceeds 100% of the U.S. poverty guidelines. With this evaluation, it can ensure that the petitioner can meet the income requirements to support both parties while they are living in the United States.

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 an investor visa?

What is an investor visa?

Investor visas are a type of employment opportunity for those who want to enter into the United States. Investors are then able to enter into the country when they gain approval for this visa. With these visas, trade is easily facilitated between the U.S. and treaty countries. When individuals are approved for an investor visa, they are permitted to bring their families with them into the country. This can be seen as beneficial since they will not have to leave their families in their home country. It can make the process seem smoother with their families by their side. Your family will then be placed in the same category as you when you enter. It will also 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. This can give your family the opportunity to work in the United States as well. With new opportunities, your family may be able to flourish in this new environment.

Can I become a resident of the U.S.?

When individuals with an investor visa look to stay in the United States even longer, they may have to adjust their status. Since a visa only allows individuals the ability to reside in the country for a limited period of time, they will have to renew their visa or change their status to remain in the country. Otherwise, they can face removal proceedings. 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. It will then grant permanent residency for the individual. With a PERM visa, they must be requested by the employer. Your employer must show the initiative to keep you under their employment and to change your status in order for you to go through this process and possibly be granted a new 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 schools can someone with a student visa attend?

What schools can someone with a student visa attend?

Education is one of the most important aspects of society. Children need to be educated in order to deal with events in life and to be successful. There are many different options for education. Young people can choose to attend a high school, private school or a trade school to learn a skill. They can further choose to go to a college or university to receive a higher education. With so many different programs, there is so much to learn. Students can find their strengths and identify their weaknesses. This can give them a better sense of who they are as a person.

When immigrants wish to come to the United States to receive an education, they may be able to do so. First, they will have to receive a student visa to be approved for entry and residence in the country during the time they are being educated. Student visas can be obtained for a variety of educational institutions. The M visa is for those wishing to attend a vocational or other non-academic institution. The F visa is for individuals looking to attend a university, college, high school, seminary, conservatory or private elementary school. With two options for student visas, there are more opportunities for individuals to pursue an education in the United States.

How many steps are in the process to obtain one?

To obtain a student visa, you will have to go through a few steps to be approved. First, there are requirements to consider before you even apply for one. The school you intend to attend must be approved by a Student and Exchange Visitor program approved school. Applicants must apply for the visa that best fits their school program, which consists of either the M or F visa based on the specific place of education you will go to. Visas can be requested through an embassy, consulate or even online.

When the application is completed, an interview will be scheduled to review more in-depth about your student visa. Before the interview, individuals should gather documents that are required to be examined at the meeting. These documents may include a passport that will be eligible for six months beyond the stay period, an application fee receipt, the I-20 form and a certificate of eligibility for an F-1 or M-1 visa. A photo of yourself may also be asked to prove your identity. A nonimmigrant visa application can also be viewed.

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 protect myself against deportation?

Can I protect myself against deportation?

Deportation out of the United States can be a scary reality for some immigrants. They may have family in the country that they do not want to leave or that they need to support. After building a whole life in the country, they do not want to be forced to leave. Before entering the U.S., they should have required a status that allowed them to legally reside here. If they were found to be in violation of that status or lacked a status at all, this could jeopardize their residency in the country. The individual could be taken to an ICE detention center and lose contact with their loved ones. This can become scary for family and friends as they may be unaware of their loved one’s whereabouts and if they are safe. When individuals face deportation or removal proceedings, they should do all they can to prevent it. There are a few options they can consider with the help of an immigration attorney.

How can a removability waiver help?

By going through certain procedures, individuals may be able to prevent their deportation from the United States. This can include a request for a removability waiver. By requesting this waiver, you are asking the court for permission to remain in the country even if you have committed a removable violation, such as a crime. Individuals may face these situations for a variety of reasons. These situations can include illegal immigration, traffic or criminal charges, violations of visa conditions and overstaying the term of a visa. With the approval of this waiver, it may be able to prevent your removal from the United States. It can be an incentive to overlook the charges against you and allow you to reside in the country instead of being removed.

Does an arrest affect my status in the U.S.?

A criminal charge can affect an individual’s residency in the United States if they are not a citizen. If a non-citizen is arrested, they face the possibility of being deported to their home country. If you are trying to enter the United States, but have criminal charges against you, this can lead to a delay or a possible prevention to your visa process. However, with an inadmissibility waiver, it can grant you entry into the country despite the presence of inadmissible circumstances.

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 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.

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