What You Need to Know About 3 & 10-Year Bar Waivers

When someone resides in the United States illegally, they are always at risk for deportation. However, if you are a nonimmigrant who left the country for a valid reason, i.e. to care for a sick family member in your native country, and were barred from the United States upon your return, you most likely have several questions. Please continue reading and speak with our knowledgeable Wisconsin immigration attorney to learn more about 3 & 10-year bar waivers in the United States. Here are some of the questions you may have:

What happens if I am issued a 3 or 10-year bar?

When someone illegally resides in the United States, leaves the country, and is denied their return into the country, they are generally apprehended and barred from the United States, either for 3 or 10 years (though sometimes permanently). That being said, if you can prove that you qualify for a bar waiver, you may be deemed admissible into the United States.

Can I receive a bar waiver into the U.S.?

The United States Department of Homeland Security will first have to determine that your parent or spouse will endure extreme hardship if you are denied access into the United States. In many cases, however, the qualifications for “extreme hardship” are extremely stringent, which is why you will need an experienced Wisconsin immigration attorney on your side who can work to prove that you truly qualify. To prove as much, we will have to demonstrate that without your return to the United States, your spouse or parent will either not make it or barely make it. Some examples of extreme hardship are as follows:

  • Your spouse or parent is very sick and has a medical condition that absolutely requires your care or assistance
  • Your spouse or parent residing here in the United States is financially dependent on your paycheck that you receive from your place of employment and without it, he or she would sustain a significant financial loss.
  • Your spouse or parent has a family member who has a serious medical condition that requires your care, and without care from you specifically, he or she would face severe consequences.
  • Your parent or spouse has financial debts in the US and would not be able to pay those debts off without your assistance.

If you have any additional questions, please do not hesitate to give our experienced Wisconsin immigration attorneys a call today. We are always here to help.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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DHS Proposes New Rule Regarding Work Permits for Aliens Who’ve Been Issued Final Orders for Removal

Over the last week, the Department of Homeland Security announced a new proposal having to do with work permits for those who have been issued final orders for removal. If you are someone who has recently been issued a final order for removal and you currently have a work permit here in the United States, there is a very good chance that this proposal will drastically affect your situation if written into law. Please continue reading and speak with our experienced Wisconsin immigration attorneys to learn more about the proposal and what it may mean for you. Here are some of the questions you may have:

What does the new proposal state?

The rule states that individuals who were issued final orders for removal against them and who were temporarily released from custody on an order of supervision will have to deal with limited work permits. DHS believes that not only will the new rule strengthen immigration enforcement, but they also believe that it will benefit American workers by giving immigrants more of an economic incentive to return to their home countries. While the prospect is frightening to immigrants across the United States, if you find yourself in this situation, you should understand that this has not yet been signed into law.

Furthermore, the rule does not state that all those in this situation will automatically be removed from the United States, as there are certain exemptions, albeit very few. If you can prove that your removal from the United States is impractical, there is a chance that you may receive discretionary employment authorization. If you think that you meet this qualification, the most important thing you can do is speak with our experienced team of attorneys today. We are ready to help you in any way we can.

When does the new rule take effect?

The new rule is not yet official, so there is not an official date where it takes effect, however, the Department of Homeland Security stated that “written comments on this proposed rulemaking must be submitted on or before December 21, 2020.” Additionally, DHS stated that “when a final rule is published, the changes made by the rule will apply to initial and renewal applications filed on or after the final rule’s effective date.”

If you have any additional questions, feel free to give our knowledgeable Wisconsin immigration attorneys a call. We are always here to help.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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USCIS Announces Revised Civics Test | What You Need to Know

When a nonimmigrant wishes to become a United States citizen, they will have to take an exam regarding their understanding of the English language and U.S. history and civics. Passing this exam is a critical part of obtaining citizenship, which is why if you are someone who is looking to gain citizenship in the United States, you should have a firm understanding of the recent change that USCIS has made to the exam. Please continue reading and speak with our experienced Wisconsin immigration attorneys to learn more. Here are some of the questions you may have:

How do I become a United States citizen?

To become a United States citizen, there are three potential routes you can take: family-based immigration, employment-based immigration, and refugee/asylum-based immigration. That being said, to qualify for naturalization, you will have to meet several requirements. First, you will have to take an Oath of Allegiance to the United States. You must also be at least 18 years old and be a permanent resident in the United States for at least five years, be present in the United States for at least 30 months, and you mist live for at least three months in the state or district where you apply for citizenship.

How does the new exam differ from the previous exam?

As you know, the original test regarding U.S. history and civics was rather intensive, however, the new test will require individuals to have even more extensive knowledge of U.S. history and civics. This means that you will have additional opportunities when preparing for your exam, all while being in line with statutory requirements.

When does the new exam take effect?

All those who apply for naturalization before December 1, 2020, will take the current version of the exam, and those who apply for naturalization after December 1, 2020, will have to take the newly-updated exam.

What can I do to prepare for the naturalization exam?

Fortunately, there are various resources available to those looking to pass the naturalization exam. Additionally, you should understand that the naturalization exam is only 20 questions, which means that to pass your naturalization exam, you will only have to answer 12 out of 20 questions correctly, meaning you must receive a score of at least 60%. If you have any additional questions, please do not hesitate to speak with our experienced Wisconsin immigration attorney today to learn more about how our firm can help you.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What You Need to Know About Fiancé Visas in the U.S.

Fiancé visas, formally called K-1 visas, allow future spouses of United States citizens to become United States citizens themselves. That being said, receiving such a visa is sometimes challenging, and the requirements demand far more than simply marrying someone; your specific situation will have to qualify. Our Wisconsin immigration attorneys are here to help. Please read on and speak with our knowledgeable Wisconsin immigration attorneys to learn more about these visas and how our firm can help you receive one. Here are some of the questions you may have:

Do I qualify for a fiancé visa?

To qualify for a K-1 visa, you must prove that you have known your future spouse for at least two years. As long as you can prove as much, you will have to request a K-1 visa on your I-129F form. You should not do this without the assistance of a knowledgeable attorney who has helped countless individuals obtain these visas in the past. As you can imagine, various documents go into obtaining fiancé visas, which is why you need an attorney to ensure everything checks out before proceeding.

How do I receive a K-1 visa in the United States?

The process of receiving a K-1 visa is somewhat involved. First, you will have to receive a medical exam and an interview in your native country. The consular must determine that you each know each other very well and that you are truly in love and are looking to get married for the right reasons, as there have been incidents of fraud in the past. The consular will also look to ensure that you are someone of “good moral character,” which is one of the standards individuals must meet to become United States citizens. If it is determined that you may become a “public charge,” such as requiring certain government benefits, you may also be denied your visa.

What will I be asked in my fiancé visa interview?

Some of the questions you may be asked are as follows:

  • Do you have any relatives living in the United States?
  • Do you have children?
  • Have you ever been married in the past?
  • What is your native country?
  • What is your nationality?
  • How old are you?
  • Have you ever been to the United States before?

Remember, our firm is always here to help you through every step of the process ahead.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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How do I Become a United States Citizen? What You Should Know About Naturalization.

Those who live in the United States as immigrants have one primary concern: becoming United States citizens. Becoming a citizen gives those individuals a sense of security, belonging, and safety. If you are an immigrant who has held a green card for at least 5 years, there is a very good chance that you can apply for naturalization, which is essentially the final step in the naturalization process. Our firm is here to help. Please continue reading and speak with our knowledgeable Wisconsin immigration attorneys to learn more about the naturalization process and how we can guide you through it. Here are some of the questions you may have:

Do I qualify for naturalization?

If you have held a green card for at least 5 years, you will have to meet the following criteria to become a naturalized U.S. citizen:

  • You must be at least 18 years old
  • You must have lived in your state or USCIS district with jurisdiction over your place of residence for at least three months before filing the application for naturalization.
  • Students must apply where they attend university or where their family lives.
  • You will have to be physically present in the U.S. for at least 30 months of the five years before the date of application
  • You will have to prove that you can read, write, and speak English. You must also demonstrate a knowledge of U.S. civics and history.
  • You must stay in the U.S. between the date you apply for naturalization until the date of naturalization
  • You must be of good moral character
  • You must be a Green Card holder for 5+ years immediately before the date of your filing the Form N-400, Application for Naturalization

Are there other ways to become a naturalized citizen?

Yes, there are. Even if you have not held a green card for 5 or more years, you can still become a naturalized citizen under additional circumstances. For example, if you have lived in the United States for 4 years under asylum, you may apply for naturalization. Additionally, if you have served in the U.S. military and lived in the U.S. for three years, you may also apply for naturalization. You may also become a citizen if you have lived in the United States for three years and you marry another United States citizen. That being said, there are always exceptions, so no matter your circumstances, if you believe you may qualify for naturalization, our firm is here to help.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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