Your parents may have worked hard to make sure your needs were met throughout your entire childhood. Now, as a grown adult, you may want to pay them back and offer them the best life possible. So, once you receive a United States green card, you may wonder if you can utilize it to sponsor your parents for this status, as well. With that being said, please continue reading to learn whether a green card makes you eligible to bring your parents over to live here with you, and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help explore all their conceivable immigration options.

As a green card holder, is it possible to bring my parents to the United States?

We do not want to get your hopes up, and we must sadly inform you that you cannot sponsor your parents for a green card with your lawful permanent resident status. Rather, only United States citizens aged 21 or older are granted this privilege. Simply put, U.S. immigration law prioritizes nuclear family reunification differently with permanent residents versus citizens. That said, permanent residents may only petition for immediate relatives such as spouses and unmarried children, while citizens are also afforded a family preference category that includes parents.

How else can I get my parents to visit me in the United States?

You may not be in a position where you can apply to become a United States citizen via naturalization just yet, so that you may subsequently sponsor your parents’ green card applications. Rest assured, there may be other immigration routes you can suggest to your parents, even if it means only being able to visit you in the States temporarily. Namely, your parents may apply for B-2 visitor visas. Within these non-immigrant applications, your parents must establish their strong ties to their home country and prove their intent to return upon their visas’ expiration dates.

Of note, there may be other humanitarian or special visa programs your parents may be eligible for under rare circumstances, such as temporary protected status, medical parole, etc. At the end of the day, though, no matter what type of temporary visas your parents obtain, you must monitor their status and ensure they do not overstay their visit. This is because, in obtaining an unlawful presence, they may be banned from the country for three to 10 years. What’s worse, when you finally do naturalize, you may have greater difficulty petitioning for their green cards.

If you wish to explore your legal options moving forward, please allow a skilled green card lawyer in Milwaukee, WI, from Sesini Law Group, S.C., to be your guiding force. Please schedule your initial consultation with our firm at the first chance you get.

Read More

Understandably, you may grow frightened when notified that you have been scheduled for a hearing before an immigration court, regarding your potential removal or deportation from the United States. While your initial instinct may be to hide away from this scary thing, you must address it head-on. Otherwise, you may be in for more serious consequences besides exiting the country. With that being said, please continue reading to learn what might happen if you miss your scheduled immigration court hearing and how an experienced removal & deportation defense lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help ensure you do not accidentally do this.

What happens if I miss my scheduled immigration court date?

First of all, you may be formally notified of your scheduled immigration court date through a Notice to Appear (NTA). This is a charging document that explains the United States government’s reasons for seeking your removal, your rights at this time, and most importantly, the date on which you must present your case for relief or protection from deportation.

And so, if you fail to appear on your scheduled immigration court date, the judge may issue what is known as an in absentia removal order. Essentially, this is an official order of deportation since the judge has reason to assume that you waived your right to be present and defend your case to stay in the U.S.

What’s worse, though, is that this order may allow the U.S. Immigration and Customs Enforcement (ICE) to execute further enforcement actions against you. That is, they may issue a detainer or arrest warrant, meaning you may be placed in a detention center until you are forcefully removed from the country.

Are there valid excuses for not attending an immigration court hearing?

Given that you formally received an NTA, an immigration judge may give little to no leniency for your failure to appear at your scheduled court hearing. This is not to say, though, that there are not a handful of extenuating circumstances that a judge may entertain before enforcing a deportation order. Specific examples of such are as follows:

• You may prove that you were hospitalized, contracted a severe illness, or underwent a sudden medical crisis on your court date.
• You may prove that you had to respond to a serious family emergency that involved critical illness or death on your court date.
• You may prove that you experienced an unforeseen transportation issue (i.e., car accident or vehicle failure) on your court date.
• You may prove that a serious natural disaster occurred on your court date (i.e., tornado or wildfire) and it was unsafe to commute.
• You may prove that your notices from ICE and the court give the wrong information on the date, time, and location of your hearing.

If so, your lawyer may file a motion to reopen or rescind your case on your behalf. To conclude, before you step into an immigration courtroom, you must seek a skilled removal & deportation defense lawyer to stand by your side. Please contact our office, Sesini Law Group, S.C., as soon as you are ready.

Read More

You may have thoroughly enjoyed your experience studying at a United States academic institution thus far, so much so that you may not want it to come to an end. However, as your graduation date slowly approaches, you must make a comprehensive plan for your next steps. This is especially critical if the authorized stay attached to your student visa is also looming over you. Without further ado, please continue reading to learn what happens if you overstay your student visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you remain compliant with federal immigration guidelines.

What is the duration of my student visa status?

First of all, you must understand this is a key difference between your student visa itself and your I-94 Arrival/Departure Record. The former is essentially the legal permission you obtain from a United States embassy or consulate while abroad, which allows you to travel to the country and request entry. The latter is a legal document issued by the U.S. Customs and Border Protection (CBP) at a port of entry, which specifies your legal immigration status as a student and authorized length of stay in the country.

With that being said, many students mistakenly base their duration of stay in the U.S. on their visa’s expiration date, causing them to fall out of legal status and accidentally overstay. In reality, your deadline for departure will be the “admit until” date disclosed on your I-94 Record. Besides this fixed end date, you must continually comply with both your academic institution’s and the Student and Exchange Visitor Information System (SEVIS) requirements, not to mention overarching federal immigration rules, to technically be considered “in status” still.

Are there consequences if I overstay my student visa?

Your overstaying on your student visa may be uncovered through SEVIS reporting, at a border check if you are traveling out or back to the United States, at a visa interview if you are applying to adjust your immigration status, or otherwise. In any which way, your overstay may have immediate impacts, such as jeopardizing your opportunities for on-campus jobs, employment authorization for full-time work, Curricular Practical Training (CPT) or Optional Practical Training (OPT) eligibility, and much more.

In the long term, your overstay becomes part of your permanent immigration record and thereby hinders your eligibility for future student visas, along with all other forms of immigration status in the country (i.e., family-based or employment-based visas). Even more seriously, accruing more than 180 days of an overstay may translate into a three-year ban from the U.S., or 10 years if you were out of legal status for longer than a year. And to initiate this ban, U.S. Immigration and Customs Enforcement (ICE) officers may conduct harsh removal procedures.

For further legal assistance, please hire a skilled work authorization permit lawyer in Milwaukee, WI, from Sesini Law Group, S.C. Schedule your initial consultation with us today, and see just how much we can do for you.

Read More

You may get your asylum application denied affirmatively through the United States Citizenship and Immigration Services (USCIS) or defensively in immigration court because there is reason to believe that you lack credibility or you are otherwise ineligible for this protected status. However, you must not consider this rejection as the end of your asylum case. Rather, multiple legal pathways get you to stay in the United States. With that being said, please read on to discover your options to earn asylum status even after your application gets denied, and how a seasoned asylum immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can work to ensure every possible avenue is explored.

What happens immediately after my asylum application gets denied?

To provide more context to what was mentioned above, your asylum application may have been denied affirmatively by the USCIS if they believe you lacked lawful status. Constrastingly, your case may have been rejected defensively by an immigration judge during court proceedings. Overall, understanding which type of denial you received may help you prepare for what happens immediately afterwards.

That is, in the former instance, the USCIS may refer you to an immigration judge, where you may present a full case of new evidence, expert witnesses, etc., in official court proceedings. This is to say that you may not get instantly deported from the United States. But in the latter situation, the immigration court may inform you in its written decision that you have 30 days to file a Notice of Appeal with the Board of Immigration Appeals (BIA). Ultimately, a failure to meet this deadline may prompt a court’s final removal orders.

What are my options to stay in the U.S. if my asylum application is denied?

To reiterate, you may be given the option to appeal your asylum application decision with the BIA. But this may only apply if the issue with your application regards errors in credibility findings, misapplication of asylum standards, procedural errors, failure to consider evidence, or other similar legal errors. From here, based on your presented argument, the BIA may affirm, reverse, or send your asylum case back for a new hearing.

If an appeal is impossible or unsuccessful, you may explore other forms of humanitarian protection. Namely, there are withholding of removal or the UN Convention Against Torture (CAT) protections, which are higher standards than asylum and thereby require more extensive layers of proof and legal arguments. Even still, you may find yourself eligible for special immigrant juvenile status (SIJS), or a U, T, or Violence Against Women Act (VAWA) visa.

Last but not least, you may reapply for asylum status with the USCIS. But this should only be done if you have a new basis for your petition, such as if there is a change in circumstances or extraordinary circumstances that prevent you from returning to your home country. Otherwise, this may trigger a fast denial, or even worse, an instantaneous removal order from the United States.

There is no need to wait any longer to hire a competent asylum immigration lawyer in Milwaukee, WI if you are already ready to get on with your immigration case. Reach out to our law firm, Sesini Law Group, S.C., at your earliest possible convenience.

Read More

There are two main methods of acquiring permanent resident status in the United States. Namely, to become authorized to live and work in the country permanently, you may apply through an adjustment of status petition or consular processing. Without further ado, please continue reading to learn whether you should undergo an adjustment of status or consular processing and how an experienced adjustment of status – immigration attorney in WI, at Sesini Law Group, S.C., can help you understand the differences between the processes.

What is the difference between an adjustment of status and consular processing?

For one, an adjustment of status is a process that involves submitting a petition for permanent residency while you are currently present in the United States. Specifically, you may fill out and file Form I-485, Application to Register Permanent Residence or Adjust Status, with the United States Citizenship and Immigration Services (USCIS) without having to first return to your home country. Secondly, consular processing entails your sponsor filing Form I-130, Petition for Alien Relative, or Form I-140, Immigrant Petition for Alien Worker. This is while you work with a United States embassy or consulate abroad, most likely in your home country.

How do I know if I’m eligible for an adjustment of status or consular processing?

Of course, you may be quick to assume that an adjustment of status process puts you in more ideal circumstances. However, you do not necessarily have a choice between the two; rather, it depends on your eligibility. That is, to qualify for an adjustment of status, you must have been properly inspected and admitted or paroled at a United States port of entry. From here, you must have maintained a lawful immigration status throughout your entire stay.

Constrastingly, if you entered the country illegally, committed a criminal or immigration violation, or overstayed your visa, you may have to depart from the country and petition for permanent residency from abroad. It is also worth mentioning that certain employment-based applications mandate consular processing. Namely, this may apply to EB-1, priority workers, EB-2, advanced degrees or exceptional ability, and EB-3, skilled workers, professionals, and other workers, visas.

Importantly, though, before you pack up and leave the U.S., you should consult with a lawyer. This is because if you must leave due to an immigration violation, a bar from re-entry may be triggered. Or, a lawyer may discover your eligibility for a particular waiver that would allow you to remain in the country legally. For example, as an immediate relative of a U.S. citizen (i.e., spouse, child under 21, or parent), you may adjust your status. This is even if you are currently in the U.S. without the proper authorization, so long as you entered legally in the first place.

You should not let the pressure of obtaining permanent resident status rest solely on your shoulders. Please allow a skilled consular processing immigration visa lawyer in WI, from Sesini Law Group, S.C., to assist you through your legal strategy. We look forward to helping you build a case. Give us a call today.

Read More

Formally referred to as an employment authorization document (EAD), a work permit may allow certain non-citizens of the United States, like yourself, to work here legally. While you may feel as though there is less at stake here as opposed to applying for citizenship or permanent residency, you may still be overwhelmed with the rules, regulations, and requirements for getting this document. Well, if you feel stuck in any way, please read on to discover whether you are eligible for a work permit in the first place, and then how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can guide you through the entire application process for it.

Who is eligible to apply for a work permit?

Before you go through the motions of petitioning for an EAD, you must confirm without a doubt that you meet the qualifying criteria for one. Generally speaking, the United States Citizenship and Immigration Services (USCIS) tends to give permission to work to individuals with pending or approved humanitarian, temporary, or permanent immigration status in the country. With that said, the most common immigration categories that go for work permits are asylees, refugees, Deferred Action for Child Arrivals (DACA) recipients, temporary protected status (TPS) holders, and adjustment of status applicants. However, you must understand that your eligibility may severely diminish if you originally entered the U.S. illegally. Or, if you had legal status in the country but eventually overstayed your visa.

How does an eligible individual apply for a work permit?

If you believe you are a suitable fit for an EAD, you may proceed forward with filling out and filing Form I-765, Application for Employment Authorization, with the USCIS. Within this form, you must accurately disclose your personal information (i.e., name, address, etc.) and information about your immigration category. You may need to supplement this with tangible evidence of your status, such as a copy of your passport or other travel document with a photo, a copy of your Form I-94, Arrival/Departure Record, a copy of your last EAD if you have one, and a copy of your marriage certificate or pending immigration application if relevant. This is not to mention that the standard filing fee for Form I-765 is $140. This may be a separate payment than the biometrics fee, a mandatory appointment you will be expected to make and attend later in the application process.

If this is what you are currently up against, do not try to execute this plan without the legal assistance of a competent family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C. We urge you to retain our services as soon as possible.

Read More

It is never a good thing if federal immigration authorities find you to have an unlawful presence in the United States. This means they believe you are staying in the country without the proper authorization. This may happen because you overstayed your visa or crossed the border without the required inspection from a U.S. Customs and Border Protection (CBP) officer. Either way, when this is uncovered, you may be forcefully removed from the country and banned from re-entering for many years to come. If this is what you are currently facing, please read on to discover whether an unlawful presence bar can be waived and how a seasoned 3 & 10 year bar waiver lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help make it possible to reunite with your family and return to your cherished life in the United States.

Is it possible for an unlawful presence bar to be waived?

To specify, when you accumulate more than 180 days of unlawful presence in the United States, you may be up against a three-year bar from re-entry. If you illegally stay for one year or more, this ban may be heightened to 10 years. Lastly, multiple offenses of unlawful stays after having to be removed or deported may trigger a permanent bar from the U.S.

To prevent this bar from going into effect, you may file a waiver with the United States Citizenship and Immigration Services (USCIS). To be eligible for this petition, you must have a U.S. citizen or lawful permanent resident spouse or parent who would suffer an extreme hardship if you were denied entry into the country. Namely, you may fill out Form I-601, Application for Waiver of Grounds of Inadmissibility, if you have already left the U.S. Or, you may submit Form I-601A, Application for Provisional Unlawful Presence Waiver, if you are still here.

What counts as an “extreme hardship” for a waiver application?

You may believe an “extreme hardship” to be a subjective experience that individuals may hold different thresholds for. However, the USCIS has a clear-cut definition for what it considers an extreme hardship with removal or deportation from the United States and a subsequent three- to 10-year bar from re-entry. The following examples may apply:

• Your qualifying relative may suffer from severe anxiety, depression, or mental health issues with your separation.
• Your qualifying relative may become unable to support themselves financially without your assistance.
• Your qualifying relative may have a serious medical condition that requires constant personal care only you can offer.
• Your qualifying relative may be a minor child or child with special needs, and your absence may hurt their overall well-being.

Nonetheless, you may effectively prove these extreme hardships through tangible pieces of proof like psychological evaluations, financial documents, medical records, and affidavits. At the end of the day, if you are still hesitant about taking the monumental step of waiving your unlawful presence, consult with a competent family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.

Read More

You may not have necessarily intended to, and now may deeply regret, illegitimately entering the United States. But this may have been quite some time ago, and since then, you may have raised a family, prospered in a professional career, and overall built a life you love here. You may want to make matters right and become legally recognized, but you may be afraid that, in the process, you may jeopardize everything you worked so hard for. With that being said, please continue reading to learn whether you can obtain a green card after entering the U.S. illegally and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you get a legal status in the country.

What does illegal entry mean under U.S. immigration law?

First of all, before you put yourself in a great state of worry or guilt, you must understand the true definition of entering a country illegally, per United States immigration law. This is otherwise referred to as entering without inspection, which means not going through a lawful U.S. port of entry or a valid inspection by a U.S. Customs and Border Protection (CBP) officer. This may be executed, for example, by crossing the U.S. border without being detected or giving an officer false documents at a port of entry.

Do I have the option of a green card if I entered the U.S. illegally?

Under the United States Immigration and Nationality Act (INA), an unlawful entry into the country simply means you are considered inadmissible. With this inadmissibility, you may subsequently be ineligible to adjust your status to a green card while still inside the U.S. Of note, this applies regardless of whether you marry a U.S. citizen. To even have a chance at this green card status, you must exit the U.S. and work on your application from your home country or any other country where you have legal residence.

However, say the United States Citizenship and Immigration Services (USCIS) finds out about your illegal entry and presence in the country first. Well, they may take measures to force your exit from the country. From here, they may also punish you with a ban from re-entering the U.S. for anywhere from three to 10 years. This means that you may have to spend this amount of time in another country waiting to start your application. Given this history of immigration law violations, there is no telling whether you will ultimately get approved for a green card, sadly.

There are only an exclusive number of exceptions to these harsh rules surrounding an illegal entry and presence. And so, while we understand that you may not want to deal with any of this right now, it must be addressed for the sake of you and the life you have built in the U.S. So please allow a skilled family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.

Read More

You may have already accomplished the challenging feat of obtaining lawful permanent resident status in the first place. So, you may assume that renewing your green card is a routine formality. However, you must not get too comfortable here, as the United States Citizenship and Immigration Services (USCIS) retains the right to issue you a denial notice. With that being said, please read on to discover why your green card renewal might have been denied and how a seasoned green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you bounce back from it.

Why would the USCIS deny my green card renewal?

You may be shocked to learn that, every year, the USCIS denies thousands of Form I-90, Application to Replace Permanent Resident Card. You may receive your personal denial notice via physical mail or a notification on your USCIS online account. Either way, this notice may explain why your application was denied, which may be for any one of the following reasons:

• The USCIS may have ruled that your application information was incomplete or incorrect.
• The USCIS may have ruled that your application was missing supporting documentation.
• The USCIS may have ruled that your application was missing the mandatory filing fee.
• The USCIS may have found that you have a criminal history or pending charges against you.
• The USCIS may have found that you have a history of deportation or removal orders from the U.S.
• The USCIS may have determined that you no longer qualify for lawful permanent resident status:
  • You have been found to commit certain acts that make you removable and inadmissible.
  • You have been found to have spent too much time outside the U.S. during your permanent residency.
  • You have been found to demonstrate zero proof of your intention to remain permanently in the U.S.

What does a green card renewal denial mean for me?

Though it is easy to do, you must try not to panic when receiving a denial notice from the USCIS. Rather, you must take a step back and remember that your green card renewal denial is not necessarily the same as your loss of permanent residency status. This is because your green card is an identification document of your status, not the source of your status itself.

Even so, though, you must prepare for the practical consequences of a green card renewal denial. That is, your renewal application may expose underlying issues that might affect your status. For example, if the USCIS unearths that you have violated U.S. immigration or criminal law in some way during your stay.

Therefore, this may prompt the USCIS to take formal measures to terminate your lawful permanent resident status. Specifically, they may send you a Notice to Appear, which commences your deportation proceedings. This is when you must begin taking things seriously and obtain legal representation almost instantaneously.

No matter what specific immigration matter you are currently dealing with, a competent family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C., is willing and able to step in and facilitate the process. Retain our legal services today.

Read More

You may invite your relative living abroad for a short visit to the United States, whether to join in on wedding celebrations, see other relatives at scheduled family reunions, or simply to witness the life you built for yourself in your new home. Well, on their end, they may apply for a B-2 tourist visa. However, to better their chances of approval, you may want to volunteer to sponsor their visa. Well, you should know that sponsorship for a tourist visa works differently from a green card. Nevertheless, please continue reading to learn whether you can sponsor your relative for a tourist visa and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you prepare for this process adequately.

Can I legally sponsor my relative for a tourist visa?

To reiterate, your relative must fill out and file Form DS-160, Online Nonimmigrant Visa Application, with the Consular Electronic Application Center independently. From here, though, you may write an invitation letter, which provides further clarity on the purpose and duration of your relative’s visit to the United States. Arguably more importantly, though, you may submit Form I-134, Declaration of Financial Support, which demonstrates your financial ability to support your relative throughout their intended stay.

It is worth mentioning, though, that offering your sponsorship does not automatically guarantee your relative’s tourist visa application will be approved. This may be because this volunteer sponsorship is not the same as Form I-864, Affidavit of Support, associated with green cards, which is treated as a binding, enforceable contract. And so, the decision is ultimately up to a United States embassy or consulate officer’s discretion. Also, while you may invite any relative to visit you, closer relatives like parents or children may carry more credibility in the eyes of an officer.

What documents do I need to sponsor my relative?

Now, you may be expected to supply supporting evidence alongside your Form I-134. It is one thing to declare that you are willing to financially support your relative, but it is another thing to confirm that you have the financial means to do so. You may prove this by a combination of the following documents:

• Your most recent year’s tax return and W-2.
• Your recent pay stubs and bank statements from the past three to six months.
• An employment verification letter (i.e., job title, salary, length of employment, etc).
• Your proof of housing (i.e., mortgage statements, lease agreements, utility bills, etc).
• Proof that you meet or exceed 100% of the Federal Poverty Guidelines for your household size.

This is not to mention the required financial and non-financial evidence your relative must come forward with, which we may aid them with, as well. To conclude, when it comes to your immigration case, you should not settle for anything less than spectacular legal assistance. So please hire us to help with your immigration application proceedings. A skilled family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., looks forward to working with you.

Read More

If you are researching how to apply for a United States visa from outside the country, you will likely encounter the term “consular processing.” Understanding how consular processing works and the steps to avoid unnecessary delays or potential ineligibility are important for your overall immigration journey. With this considered, please follow along to find out the logistics behind consular processing and how a proficient consular processing immigration visa lawyer in WI, at Sesini Law Group, S.C., can help you navigate this course as efficiently as possible.

What is the purpose of consular processing in U.S. immigration?

To expand on what has already been said, consular processing is the official procedure for obtaining an immigrant visa at a United States embassy or consulate abroad, in your home country or current country of residence. This is an alternative method compared to those eligible to apply for an adjustment of status while they are currently present in the U.S.

To be eligible for this processing, you first must have already gotten your immigrant petition approved by the United States Citizenship and Immigration Services (USCIS). This petition must have been filed on your behalf, typically by a family member or employer. Or, you must have first obtained refugee or asylee status, or met the provisions for another special immigrant class.

Regardless of which way you gained approval, the USCIS may send it forward to the United States Department of State’s National Visa Center (NVC). In response, the NVC may issue you a valid immigrant visa number. Only when this number becomes available may you apply for an immigrant visa at an embassy or consulate that lets you get admitted as a U.S. permanent resident.

How long does consular processing typically take?

Now that you understand what consular processing entails, you must prepare for how long it is expected to take you. Well, generally speaking, from start to finish, it may take you anywhere from six months to one year. However, the exact timeline may heavily depend on the unique circumstances of your immigration case. The factors that may affect you include the following:

• The type of immigrant petition filed with the USCIS (i.e., a family-based or employment-based application).
• The current document processing times of the NVC at the exact time your immigrant petition is passed over here.
• The current wait times for scheduling visa appointments at the U.S. embassy or consulate in your home or residential country.
• The current wait times for scheduling a medical examination appointment with an embassy-approved panel physician.
• The inevitable delays associated with administrative processing or additional background checks before visa issuance.
• The errors or issues you created or have within your immigrant forms and documents that may cause unnecessary delays.

While most of these circumstances may be out of your immediate control, there are still some things you can manage to make this process as speedy as possible. Namely, not missing your interview or medical examination dates, filling out forms fully and accurately, and supplying the right supplementary documentation the first time around.

With that being said, there is no need to go through the important step of consular processing alone. Please seek the support and assistance of a talented consular processing immigration visa lawyer in WI. Contact Sesini Law Group, S.C., today.

Read More

On Wednesday, November 26, 2025, two National Guard service members in Washington, D.C., were shot by an Afghan national, previously admitted to the United States under immigration status. In response to this high-profile incident, the United States Citizenship and Immigration Services (USCIS) announced additional national-security screening measures for certain immigration applications. Without further delay, please continue reading to learn more about the new restrictions on foreign nationals and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help if you are affected negatively by these latest regulations.

What triggered the new restrictions on foreign nationals in 2025?

In the wake of this shooting, new guidance has given immigration officers greater discretion to treat country-specific characteristics as “significant negative factors” when vetting foreign nationals from 19 high-risk countries for visas, green cards, and/or asylum applications, according to USCIS Director Joseph Edlow. Specifically, such factors may include weak identity/documentation systems or insufficient vetting infrastructures, among other things.

This incident, in culmination with a proclamation made by President Donald J. Trump on June 4, 2025, is what essentially triggered this major immigration review. Of note, this proclamation cited national security and public safety concerns, including terrorism, visa overstays, lack of cooperation amongst some governments, etc. It added to the broader policy framework issued earlier in 2025 (i.e., Executive Order 14161) that called for enhanced vetting and screening standards for all foreign nationals seeking admission and immigration benefits.

Which countries are affected by the new entry and visa bans?

Per the June 2025 proclamation, the United States has imposed a full entry ban on foreign nationals of 12 countries. This means that they may not be permitted if they are outside the country and lack a valid visa. Specifically, these 12 countries are Afghanistan, Myanmar (Burma), Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

Also, seven countries have received a partial ban. So, foreign nationals in certain visa categories (i.e., visitor visas, student visas, and exchange-visitor visas) are restricted from entering the United States, with only a few rare exceptions for temporary entry. The affected seven countries are Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

All of this is to say that, amongst these 17 countries, many pending immigration cases have been paused for re-review, and new visa issuances have been suspended or restricted. But even more so, thanks to the most recent policy updates by the USCIS, there may be a re-examination of existing, previously-approved green cards. In other words, immigration officers may be granted broad discretion to deny or delay status for foreign nationals who already live in the U.S. legally.

In conclusion, we suggest you employ the services of a skilled family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C., if you want the best possible chances at a positive immigration outcome. We look forward to serving you.

Read More

You may already appreciate the experiences and opportunities the United States has offered you as a student alone. So, understandably, you may not want your graduation day also to be marked as the day that you must depart from the country. For this, you must take preventative measures and work to convert your visa status ahead of time. That said, please continue reading to learn how to change your visa status from F-1B to H-1B and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you execute this legally.

What is the difference between F-1 and H-1B visa statuses?

You may have originally entered the United States with an F-1 visa, which allows foreign nationals like yourself to study at an accredited educational institution. Once you earn your Bachelor’s degree at such an institution, you may qualify for an H-1B visa. This is a temporary work authorization visa designated for individuals like yourself, who can perform in specialty occupations usually requiring a Bachelor’s degree or higher, or an equivalent educational background.

How do I legally change my status from F-1 to H-1B?

You may be allotted a 60-day grace period after walking at your graduation and finally earning your Bachelor’s degree. But you must use this time wisely if you intend to convert from an F-1 visa status to an H-1B visa status, as this process entails multiple, extensive steps. Firstly, you must give yourself enough time to find a United States employer who is willing to offer you an employment opportunity and subsequently able to sponsor you for an H-1B visa.

From here, you must ensure this employer fills out and files Form I-129, Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). This must be alongside submitting a Labor Condition Application (LCA) with the U.S. Department of Labor. Usually, if you are already legally present in the country on an F-1 visa, you do not need to depart to your home country while your H-1B petition is pending with the USCIS.

With all these things considered, you must have a valid F-1 visa status when your H-1B petition is filed, in addition to remaining in compliance with F-1 visa regulations while it is being processed. This either means maintaining full-time student status or continually participating in valid optional practical training (OPT). Lastly, once your H-1B petition is approved, your future employer may need to update your information with the International Student and Scholar Services office at your institution.

If you desire more clarity before you head into the immigration process, please do not wait any longer to reach out to a skilled work authorization permit lawyer in Milwaukee, WI. Retain the services of Sesini Law Group, S.C., today.

Read More

If you have a non-immigrant visa, you may only be allotted a limited stay in the United States. Once this imposed deadline arrives, your presence in the country may be deemed unlawful and unacceptable. You do not want to have such labels associated with you and your reputation, so please continue reading to learn what happens if your visa expires while you are still staying in the U.S. and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you stay out of any potential legal trouble.

What Happens if My Visa Expires in the U.S.?

It’s necessary to understand that when you are issued a visa, the expiration date on the document is the last day you are legally allowed to arrive at a port of entry. This is different from your authorized period of stay, which determines how long you are allowed to remain in the country. Unfortunately, many travelers are unaware of the difference between visa validity and an authorized period of stay, which can result in unintentional violations. As such, understanding how these differ can help you avoid accruing unlawful presence and subsequent visa bars or even removal proceedings.

Visa Expiration vs. Authorized Period of Stay

A visa expiration does not govern how long you are allowed to remain in the United States once you enter the country. Instead, your lawful stay period will be determined by a Customs and Border Patrol agent upon your arrival at a port of entry.

Key Differences Between a Visa and an I-94 Record

• A visa allows you to request entry into the United States; it does not control the duration of your stay
• The I-94 Arrival/Departure Record will determine your authorized period of stay after your entry
• Overstaying the I-94, not a visa, creates unlawful presence
• Many visa holders fall out of status because their visa remains valid while their I-94 stay ends

How To Check Your Authorized Stay Before It Expires

As a non-immigrant visa holder, it is your responsibility to check your authorized stay period, even if you are not alerted or reminded. Understanding how to access this information is critical to avoiding potential violations and immigration consequences.

How to Find Your I-94 Information

• Find the electronic I-94 form if you entered by air or sea
• Review the “Admit Until” date, as this controls when your stay ends
• If admitted as “D/S” (Duration of Stay), different rules apply depending on program compliance
• Keep all copies of admissions records in the event of an audit or future immigration actions

What Happens If You Stay After Your Authorized Period Ends?

Understandably, it may not be easy to close the chapter of your life in the United States. However, by abiding by what your I-94 record imposes is critical, as you can face a number of serious immigration consequences.

Potential Legal Consequences of an Overstay

• You can accrue unlawful presence, ultimately triggering future reentry bars
• You may be detained, placed in removal proceedings, and eventually deported from the U.S.
• You may be ineligible for future visas or adjustments of status
• You will be subject to increased scrutiny when applying for future visas
• Your visa may be automatically voided

It’s imperative to understand that these consequences are triggered automatically in accordance with federal immigration law once unlawful presence thresholds are met, regardless of whether or not you intended to overstay your authorization period.

Unlawful Presence Reentry Bars Explained

When you remain in the country following the expiration of your I-94, the amount of time you overstay can directly impact how immigration law penalizes you,

How Overstay Length Impacts Future Options

• More than 180 days but less than one year’s worth of unlawful presence can result in a three-year reentry bar
• More than one year’s worth of unlawful presence can result in a 10-year reentry bar
• Certain overstays can permanently impact future family or employment-based petitions
• Departing the United States after accrual can result in an automatic bar trigger

Legal Options You May Consider Before Your I-94 Expires

If you wish to extend your stay in the United States, taking action before your authorized stay ends is critical. This can help prevent future adverse impacts.

Individuals in Wisconsin may find timing and documentation errors especially costly in the event that a local ICE office or USCIS processing centers are involved. As such, early options are imperative to preserve your options under federal law.

Ways to Legally Extend or Change Status

• File an application to extend your non-immigrant status before expiration
• Apply to change your non-immigrant classification if possible
• Maintain compliance while the timely application is under review
• Familiarize yourself with what visas allow extensions and which do not

What Are Your Options if You Have Already Overstayed?

In the event that you have discovered that you are out of legal status, it can be incredibly overwhelming. Unfortunately, this can be a stressful situation, which is why it is generally in your best interest to immediately contact an experienced immigration attorney. However, you may also wish to consider alternative options.

Potential Remedies Following an Overstay

• Evaluate whether or not you are eligible to file for waivers of inadmissibility
• Assess if you can adjust your status
• Avoid actions that can negatively affect immigration consequences

Contact an Experienced Milwaukee Immigration Attorney

At the Sesini Law Group, S.C., we understand how complicated the immigration process can be. That is why our firm is committed to helping you fight for the best possible outcome. As such, if you are looking to extend your stay or you have overstayed your authorized period, contact our firm to learn how we can assist you during these complex times.

Read More

During your stay in the United States, you may have heard about Medicaid before, a government program that provides health insurance for adults and children with limited income and resources. While you may believe you meet these parameters based on this basic description, you may be unsure whether your non-citizen status ruins your chances of eligibility. Well, in this case, please continue reading to learn whether you can receive Medicaid coverage as a U.S. immigrant and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you get the aid you are eligible for and ultimately require.

Can I get Medicaid coverage as a United States immigrant?

According to the Centers for Medicare & Medicaid Services (CMS), certain groups of non-citizens are qualified to opt for Medicaid coverage. Firstly, they must have entered the United States with their legal status before August 22, 1996. Then, they must have lived and worked in the country for a specific period, such as the five-year waiting period. This is, of course, in addition to meeting the Medicaid program’s other criteria, such as categorical, financial, and state residency statuses. From here, the eligible groups read as follows:

• Lawful permanent residents.
• Refugees.
• Cuban and Haitian entrants.
• Iraqi and Afghan special immigrants.
• Certain Afghan and Ukrainian parolees treated like refugees.
• Immigrants granted parole for at least one year.
• Immigrants granted asylum or related relief.
• Certain battered spouses and children.
• Certain victims of human trafficking.
• Citizens of the Freely Associated States residing in the U.S. states and territories.

Does receiving Medicaid coverage affect my immigration status?

Say that your long-term goal is to attain citizenship status in the United States. And so, you may fear that receiving Medicaid coverage will reflect poorly on your immigration application. That is, the United States Citizenship and Immigration Services (USCIS) may deem you as a “public charge” for using government-funded resources. With this, you may refrain from opting into the Medicaid program, despite desperately requiring this healthcare.

Well, you may rest easier knowing that on December 23, 2022, the USCIS amended the rules surrounding what constitutes a public charge. These new rules hold that non-citizens should not be deterred from government health programs crucial for keeping them and their families healthy, including Medicaid. The only exception here, though, is that you cannot submit yourself to long-term care in an institution at the government’s expense through the Medicaid program.

Understandably, this may all seem like a headache during this especially overwhelming time. Well, to alleviate some of the pent-up stress, please turn to the legal aid of a skilled family immigration lawyer in Milwaukee, WI. Contact our office, Sesini Law Group, S.C., right now; someone will be more than happy to speak with you.

Read More

Say you are applying for a visa to come to the United States from abroad. Or, for a green card through a family member who is a U.S. citizen or permanent resident. In either of these cases, immigration officers may assess whether you are a “public charge.” Without further introduction, please continue reading to learn what a public charge means and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you avoid getting labeled as such.

In the context of immigration law, what is a public charge?

Upon reviewing your visa or green card application, an immigration officer may conduct a public charge test. This is essentially an inspection of whether, now or in the future, you will likely become primarily dependent on the United States government for support during your stay. For example, based on your age, you may apply for a cash assistance program, like Social Security Insurance (SSI). Or, due to your health conditions, you may petition for government-funded institutionalized long-term care, namely Medicaid. Lastly, given your household size compared to your education, income, and assets, you may require, for instance, the Temporary Assistance for Needy Families (TANF) program.

Does being a public charge mean I am inadmissible?

Unfortunately, if an immigration officer labels you as a public charge, they may decide you are inadmissible to enter the United States. This is because there are only a limited number of visas and green cards available each year, and they may feel more inclined to distribute them to those who will likely not need to rely on financial support from the government. However, you may turn this around by filing Form I-864, Affidavit of Support, a legally binding contract that holds that your U.S. sponsor can adequately financially support you during your stay.

Also of note, on December 23, 2022, the United States Citizenship and Immigration Services (USCIS) amended the rules surrounding this concept. It has now largely retreated to the 1999 policy, which provides more leniency for applicants who might otherwise be classified as a public charge. That is, this new rule holds that having a disability alone cannot be the sole basis for declaring inadmissibility. The same goes for benefits you may have received as a child, related to pregnancy, while serving in the military, or related to being the victim of a crime, domestic violence, or other adverse circumstances.

In addition, you should not be discouraged from opting for health, nutrition, and housing programs in which you are eligible for and that are ultimately essential for keeping your family safe and healthy. Namely, food programs like Supplemental Nutrition Assistance Program (SNAP) and healthcare services like Medicaid (excluding long-term care) are no longer included in an immigration officer’s public charge test.

If you need help preparing for this upcoming immigration process, turn to a skilled green card lawyer in Milwaukee, WI. We at Sesini Law Group, S.C., have gone through this countless times before, and we are ready to go through it again to support you.

Read More

It is bad enough that you received a guilty verdict for a crime that resulted in a prison sentence. But it is worse if you are an immigrant to the United States who has committed this criminal offense. This is because, with this clear violation of state and federal laws, you may jeopardize your ability to remain in the country once released. That is, if you are even granted a release before the U.S. Immigration and Customs Enforcement (ICE) requests an immigration detainer. With all that being said, please continue reading to learn more about an immigration detainer and how an experienced immigration criminal issues lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you fight the one placed against you.

What should I know about an immigration detainer?

Put simply, an immigration detainer is a request from ICE that requests a local, state, or federal law enforcement agency (i.e., a jail, prison, or confinement facility) to do one of two things. One, to notify them as early as possible before they release a U.S. immigrant from their custody. Or two, to hold the immigrant for up to 48 hours beyond the time they would ordinarily be released.

Essentially, these requests are so that the U.S. Department of Homeland Security (DHS) has enough time to plan and take an immigrant into custody itself. The reason why they would want to do this is if they have probable cause to believe that the immigrant is removable from the country. This is usually if the immigrant was found guilty of a certain crime that likely makes them a public safety or national security threat (i.e., burglary, kidnapping, homicide, sexual assault, drug trafficking, etc).

Is local law enforcement required to enforce an immigration detainer?

It is worth reemphasizing that an immigration detainer is an administrative request from ICE, not necessarily a judicial warrant. With that, a local, state, or federal law enforcement agency is not legally obligated to execute this order. Rather, they may use their discretion on whether or not an immigration detainer alone is sufficient grounds for continued detention, and if holding them longer than their imposed sentence ultimately goes against their constitutional rights.

Say you are in a situation where ICE sends for an immigration detainer against you, but your confinement facility proceeds with releasing you. Well, you must not let your guard down just yet. This is because ICE may still take the necessary actions to assume custody over you while you are in the public community. Unfortunately, the tactics they attempt may be more drastic and dangerous than if they were to do so in a secure, controlled, and private environment.

The first step toward preparing yourself for this legal action is to retain the services of a skilled removal & deportation defense lawyer in Milwaukee, WI. Look no further than Sesini Law Group, S.C.

Read More

Even if you are a non-citizen, your child born in the United States may be granted automatic citizenship due to the principle of birthright citizenship. However, this automatic status does not apply even if you are a citizen yourself, but your child is born outside the country. In this case, you may need to make additional efforts on your child’s behalf, but rest assured, it is doable. Without further introduction, please read on to discover how to apply for U.S. citizenship for your child and how a seasoned family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you and your child get on the same status, so to speak.

What should I know about the Child Citizenship Act of 2000?

Simply put, the Child Citizenship Act of 2000 was set in place to help render the automatic acquisition of citizenship status for biological and adopted children of United States citizens who were foreign-born. This is so that these children do not have to unnecessarily separate from their parents at any point in their lives, all while working to reunify those who have been separated as soon as possible. Of note, this Act amended the terms and conditions set by the Immigration and Nationality Act (INA).

How do I apply for U.S. citizenship for my child?

Now that you understand the Child Citizenship Act of 2000, you should know that your child, born outside the United States but now living here, may acquire citizenship automatically. Such automation may apply if your child has met the following conditions on or after February 27, 2001:

• Your child has one parent or adoptive parent who is a U.S. citizen by birth or through naturalization.
• Your child is under the age of 18 years old.
• Your child already has lawful permanent resident status in the country.
• Your child is living in the U.S. in the legal and physical custody of a U.S. citizen parent or adoptive parent.

However, say that your child was born outside the U.S. and is still living in another country. Well then, you may rest easier knowing that they still have a path toward citizenship through the process of naturalization. This is so long as they are aligned with the criteria mentioned below:

• Your child has one parent or adoptive parent who is a U.S. citizen by birth or through naturalization.
• Your child is under the age of 18 years old.
• Your child is living outside the U.S. in the legal and physical custody of a U.S. citizen parent.
• Your child is lawfully admitted, physically present, and maintaining lawful status in the U.S. at the time of application.
• Your child’s U.S. citizen parent or grandparent meets the physical presence requirements in the U.S.

If this blog has deeply resonated with your personal situation and concerns thus far, please reach out to a competent family immigration lawyer in Milwaukee, WI, for more information. The team at Sesini Law Group, S.C., will be glad to represent you in your upcoming legal case.

Read More

Otherwise known as a work permit, an employment authorization document is a card issued by the United States Citizenship and Immigration Services (USCIS) that may allow you to legally and temporarily work in the country. This is different than a green card, which may offer you a path to permanent residency in the U.S. Nonetheless, if your employment authorization is set to expire soon, you may take measures to extend your stay and continue your professional life here. With that being said, please continue reading to learn whether you are qualified to renew your employment authorization document and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you take this initiative proactively.

How do I know if I qualify for employment authorization in the first place?

First of all, you must understand that the USCIS does not grant employment authorization to just anyone, even if it only allows a temporary stay in the country. And so, you may only apply for this work permit if you can relate to any of the following circumstances:

• You are already authorized to work in the United States because of your immigrant status, but you need proof (i.e., asylee, refugee, or U immigrant status).
• You must ask for permission to work because you have a pending permanent residency or adjustment of status application (i.e., Form I-485).
• You must ask for permission to work because you have a pending asylum or withholding of removal application (i.e., Form I-589).
• You must ask for permission to work because you have a non-immigrant status that does not automatically grant this right (i.e., F-1 or M-1 student visa).

How do I apply to renew my employment authorization document?

In short, it is possible to renew your employment authorization document. More specifically, though, this may only be if you are still in a set of circumstances that makes you eligible for this work permit. For example, if you still have an immigration application pending with the USCIS. Or, if you are still present in the country on a student visa.

To do this, you should submit the same petition as you did initially, Form I-765, Application for Employment Authorization, with the appropriate filing fee. It is best to file within 180 days of your work permit’s expiration date. This is so the USCIS has enough time to process your request.

Without having room for leniency, you may create a gap in your employment authorization, and more importantly, your legal presence, in the U.S. With this, you may have to go through the hassle of returning to your home country and petitioning for access back into the U.S. once more.

Do not let your legal initiatives stop after reading this blog. The next action you should take is calling us at Sesini Law Group, S.C., and retaining the services of a skilled work authorization permit lawyer in Milwaukee, WI. Rest assured, we will take the reins from here on out.

Read More

You may take your academic career very seriously. With this, you may believe there are more opportunities to get a quality education if you attend a United States institution. But before applying to these colleges and universities, you should ensure you can apply for and receive a student visa. Without further ado, please continue reading to learn the different types of student visas available to you and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you pursue any one.

What are the different types of student visas available in the United States?

There are essentially three primary types of student visas made available by the United States Citizenship and Immigration Services (USCIS). They read as follows:

• The F-1 visa: this student visa type may allow a foreign individual to study at an accredited United States college or university or study English at an English language institute.
• The J-1 visa: this student visa type may allow a foreign individual to participate in an exchange program during high school and/or college or university study.
• The M-1 visa: this student visa type may allow a foreign individual to participate in non-academic or vocational study or training in the United States.

What is the process of obtaining any one of these student visas?

If you wish to pursue an F-1 or M-1 visa, you must first apply to and be accepted by a United States educational institution. Importantly, this institution must already be certified by the Department of Homeland Security’s Student and Exchange Visitor Program (SEVP). As for a J-1 visa, the institution must be designated by the Department of State Bureau of Educational and Cultural Affairs.

Your Designated School Official may administer a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, to you once you are accepted by a given institution. From here, you may shift your attention and fill out and file Form DS-160, Online Nonimmigrant Visa Application, alongside submitting your Form I-20, to the Department of State. Promptly after, you may schedule your student visa interview.

Of note, your interview may take place at a United States embassy or consulate with a consular officer. You may be expected to come with certain documentation at your interview, supporting your identity, academic qualifications, and your financial capabilities. Also, you should be prepared to answer questions about your academic and financial background, your study plans in the U.S., and your plans to return to your home country after graduation.

To ensure your legal application is well fleshed out, please seek the aid of a skilled family immigration lawyer in Milwaukee, WI. You may rest better knowing that the team at Sesini Law Group, S.C., will not let you enter this legal process without being properly prepared. So please pick up the phone and request our services today.

Read More

You may already be legally present in the United States when you submit your initial green card application for permanent resident status. You may be quick to assume that this will be a streamlined transition. However, for reasons you do not yet understand, the United States Citizenship and Immigration Services (USCIS) may reject your petition. Before surrendering, packing your things, and returning to your native country, you must understand that this fight is not over. Rather, please continue reading to learn whether you can appeal a denied green card application and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you get a second shot at this immigration opportunity.

How will I know that my application got rejected?

First of all, the USCIS may communicate with you through Form I-797C, Notice of Action. They may issue this notice for any relevant updates on your immigration case, such as when it is transferred to a different service center, when you are expected to schedule your biometrics appointment, when you are expected to attend your immigration interview, and more. But ultimately, this is how you may be made aware that your green card application was denied. Here, the USCIS may outline the specific reasons for their decision, such as the misinformation or lack of information in your application, your criminal history, your past immigration law violation, your current health conditions, and more.

How can I appeal a denied green card application?

Also within Form I-797C, Notice of Action, the USCIS may provide information regarding your available options to appeal your denied green card application. First, they may instruct you to file Form I-290B, Notice of Appeal or Motion, to get this legal process moving. Then, they may tell you to take one of the following legal paths:

• File an appeal to the Administrative Appeals Office (AAO): This is if you believe the USCIS made an error and you want a higher authority to review their ruling.
• File an appeal to the Board of Immigration Appeals (BIA): This is if your case was heard by an immigration judge, particularly in removal proceedings.
• File a Motion to Reopen: This is if you have new evidence that the USCIS lacked before that you believe might change their final decision.
• File a Motion to Reconsider: This is if you believe the USCIS misinterpreted a part of your application and want them to reconsider their ruling.

With all that being said, you must understand that disagreeing with the USCIS’s ruling alone is not enough to initiate an appeal or motion process. That is, you must truly believe that an error or misinterpretation was made on the facts and evidence. For example, there is little to no chance of having this decision reversed if the fact of the matter is that you do not meet the eligibility criteria for a green card, if your recorded criminal history makes you a national security risk, etc.

We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at Sesini Law Group, S.C., has successfully gone through this countless times before. So please, retain the services of a skilled family immigration lawyer in Milwaukee, WI today.

Read More

It is common practice for United States employers to ask whether job applicants will require sponsorship to work for them legally. However, you should not pose this question merely to eliminate these applicants from the running. In a drastic case, this may be argued to be a form of national origin discrimination in your hiring decisions. Rather, you should not shy away from the established, streamlined procedure for sponsoring your employees. With that being said, please continue reading to learn how to sponsor an employee for a work visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help your prospective employee gain entry into the country as soon as possible.

How do I go about sponsoring an employee for a work visa?

First things first, you must determine which employment-based visa type your prospective employee is eligible for. Namely, there are the EB-1 (for priority workers), EB-2 (for professionals with advanced degrees or persons with exceptional ability), EB-3 (for professional or skilled workers), and EB-4 visas (for special immigration). Rest assured, you may gain further clarification on which visa category is most fitting by navigating the United States Citizenship and Immigration Services (USCIS) website.

From here, sponsoring an employee for an EB-1 visa requires you to fill out and file Form I-140, Immigrant Petition for Alien Workers, with the USCIS. As for an EB-2 or EB-3 visa, this Form I-140 must be submitted only after a labor certification is filed with the U.S. Department of Labor. Lastly, for an EB-4 visa, you may only have to offer Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, to the USCIS.

How long will it take for an employee to start working for me?

You must understand that your prospective employee cannot enter the United States and begin working at your company until you receive an official notice of approval from the USCIS. Unfortunately, getting this permission may take longer than what would be ideal. This is because there is overall a high demand for employment-based visas. On top of this, the USCIS imposes a limit on the number of these visas it distributes per year.

That is, every fiscal year (October 1st through September 30th), the USCIS makes 140,000 work visas available for qualified applicants. As you already know, these visas are divided into five preference categories: EB-1, EB-2, EB-3, EB-4, and EB-5, Immigrant Investor Program. And so, there may be more EB-1 visas given as opposed to EB-2 visas (generally 40,000 visas plus any unused visas from the EB-4 and EB-5 categories), and so on and so forth.

This is to say that, even if you fill out the necessary forms correctly and your prospective employee meets all the eligibility criteria, there is still a chance they may not be granted a work visa sponsorship opportunity. If you have made it this far, please do not hesitate to seek further information from a skilled work authorization permit lawyer in Milwaukee, WI. The team at Sesini Law Group, S.C., is willing and able to guide you through your future legal processes.

Read More

The Trump Administration has been conducting a set of initiatives to limit how foreign individuals can gain legal immigration into the United States. One of the most recent propositions has been to spike the fee associated with an H-1B visa, which is a non-immigrant visa type designated for foreign workers who can execute specialty occupations that require at least a Bachelor’s degree, usually in the science, technology, engineering, and mathematics (STEM) industries. Well, without further ado, please read on to discover the new fees being proposed for H-1B visas and how a seasoned work authorization permit lawyer in Milwaukee, WI, Sesini Law Group, S.C., can help you better understand its implications.

What is the newly proposed fee for H-1B visas?

Simply put, the United States Department of Labor is considering a new surcharge for H-1B petitions of $100,000. This newly proposed fee is expected to be tacked on to existing costs, such as the $460 base fee, the $500 fraud prevention fee, and the American Competitiveness and Workforce Improvement Act (ACWIA) training fee, ranging from $750 to $1,500.

Of note, with this announcement being made on September 19, 2025, this fee is supposed to be applied to any H-1B petitions filed after September 21, 2025, at 12:01 a.m. EDT. With that, this fee is set to expire after one year unless the Administration chooses to extend it even further for its initiative purposes.

What types of employers might be impacted by the proposed new fee?

Essentially, this newly proposed fee seems to target larger companies that rely heavily on foreign skilled workers to make up their workforce. For example, big tech companies like Microsoft employ many individuals from India and China. And so, some notable companies (i.e., Microsoft, JPMorgan, Amazon, etc.) have been reported to have already warned their foreign workers about the implications of this fee, basically urging them to find another immigration path to remain in the United States legally or return to their home country before it is too late.

Despite the capital that these larger companies have, $100,000 per year is still an extraordinarily large fee to cover for every last one of their foreign workers. At the very least, these companies may need to restructure their budgets, which may mean reducing the total number of foreign workers they hire or retain in their overall workforce. You may only imagine what this large fee would mean to smaller, start-up companies. Overall, it has the potential to reshape the look of the American workforce as we once knew it.

As an employer or foreign worker, there is no need to panic just yet. This is because this new fee is expected to face legal challenges to some extent, as it puts into question whether the executive branch can enact such a hefty fee without congressional approval first. But as soon as you find yourself in potential legal trouble, you must retain representation and advisement from a competent work authorization permit lawyer in Milwaukee, WI. You should not have to put up this fight alone; we are here to help you.

Read More

Once you obtain a green card and your lawful resident status, you may finally feel secure about your presence in the United States. However, even with this status, you must understand that your eligibility to remain in the country is not guaranteed. With that being said, please continue reading to learn whether a green card holder like yourself can potentially be deported and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can protect your stay here.

As a green card holder, can I be deported from the United States?

You may have assumed that, as a green card holder, you are now permitted to live and work in the United States. While this may be true, it is contingent upon your compliance with federal immigration laws and avoidance of certain criminal offenses. Without further ado, below are some, but not all, examples of grounds for your deportation from the country:

• A violation of any of the following immigration laws:
  • Committing marriage fraud.
  • Violating certain travel and documentation restrictions.
  • Failing to inform U.S. immigration authorities of a change of address.
  • Providing false information to register with the U.S. immigration authorities.
  • Representing yourself as a U.S. citizen falsely to gain an immigration benefit.
  • Becoming a public charge for reasons that did not exist when gaining entry to the U.S.
• A guilty verdict for any of the following criminal offenses:
  • Committing a drug crime.
  • Committing an aggravated felony.
  • Committing a crime of moral turpitude.
  • Guilty of espionage, sabotage, treason, or sedition.
  • Guilty of domestic violence, stalking, child abuse, child neglect, or child abandonment.
  • Guilty of illegally buying, selling, possessing, or engaging in transactions of firearms, weapons, or destructive devices.

What is the process of getting deported from the United States?

Unless unique circumstances apply, you will not face an expedited removal from the United States. Rather, you may have an opportunity to fight against deportation in front of an immigration judge. You will first be informed about your pending case with a Notice to Appear by the U.S. Department of Homeland Security (DHS). This notice, served to you in person or by mail, informs you of the reasons why the government believes you are deportable from the country, along with the date and time you should appear for your first hearing.

This Master Calendar Hearing will inform you of the charges against you, your rights to legal representation, and the date and time for your subsequent individual hearing. This individual hearing is where you and the government will both present your cases before an immigration judge. Most unfortunately, if a judge decides to move forward with a final order of removal, the DHS’s Immigration and Customs Enforcement (ICE) may make arrangements for your exit from the country. This is unless you file a motion to appeal the decision before it is too late.

We understand just how overwhelming all of this can be for you. So if you have any remaining questions, please consult with a skilled green card lawyer in Milwaukee, WI. The team at Sesini Law Group, S.C., is willing and able to provide you with legal assistance at any capacity.

Read More

If the United States Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) believes you are removable from the country, you may be quickly placed in removal proceedings. These proceedings almost always involve hearings from an immigration judge. Well, continue reading to learn whether you can get deported before attending a hearing and how an experienced removal & deportation defense lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you fight for your rights and your stay in the U.S.

Can I be deported from the United States without a hearing?

To reiterate, it is typical for an immigration judge to determine whether to order your deportation from the United States. However, there are certain circumstances in which this procedure is not necessarily required, and rather, expedited removal is acceptable. Firstly, you must be categorized as a non-citizen with no immigrant status in the U.S. Specifically, you must have been an arriving alien who attempted to enter through the country’s border or another lawful entry point, or who otherwise entered the country unlawfully.

From here, a U.S. immigration officer, even one at a lower level, may have grounds to expedite your deportation if they reasonably believe you lied or misrepresented a material fact to gain entry, such as falsely claiming citizenship or using faulty documentation. Or, if they reasonably believe you entered the country without a valid entry or travel document (i.e., visa, passport, border crosser card, etc).

What are the exceptions for an expedited removal from the United States?

Before you undergo expedited removal proceedings, you may request an immigration court hearing to plead your case to stay in the United States. For one, you may have a valid argument if you can sufficiently demonstrate that you fear persecution or torture in your native country and wish to seek asylum in the U.S. instead. Secondly, if you are a Mexican or Canadian national already present in the U.S., and can prove that you have no criminal record or prior offenses in your immigration history. Or, you may state under oath that you are a U.S. citizen or returning to the U.S. after previously being a lawful permanent resident, asylee, or refugee. In short, you may argue that you are a status claimant.

Besides these scenarios, say you are present at the country’s border or another lawful entry point when an officer threatens your expedited removal. Well, here, you may simply volunteer to withdraw your application for admission to the U.S. and return to your native country. While this may not seem like an ideal resolution, it may be your best bet if you do not want an expedited removal order put on your immigration record. That is, you may still have future opportunities to apply for admission to the U.S.

In conclusion, if you find yourself in need of legal aid, look no further than a skilled removal & deportation defense lawyer in Milwaukee, WI. Whether you simply have a legal question or require legal representation in an upcoming court case, our team at Sesini Law Group, S.C., is willing to help out. Please pick up the phone and call us today.

Read More

Thus far, it may be heartbreaking for you to remain in the United States while your children reside back in your home country. However, you may be doing this to lay down the groundwork, so to speak, so that they may eventually enjoy a life of opportunities and freedom here. So, once you finalize getting a green card for yourself, continue reading to learn whether you can bring your children to the U.S. and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you navigate this immigration process smoothly.

As a green card holder, can I bring my children to the United States?

In short, as a lawful permanent resident of the United States (i.e., green card holder), you may petition for your children to join you in the United States. Importantly, though, this may only be allowed if you have unmarried children under the age of 21 (i.e., F2A visa category) or unmarried sons and daughters over the age of 21 (i.e., F2B visa category). In other words, only U.S. citizens may bring their married sons and daughters (i.e., F3 visa category). And so, if you and your children fall under an eligible category, you may proceed with filling out and filing Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS).

What evidence do I need to supplement my children’s immigration applications?

First things first, you must establish your legal status in the country with the USCIS. This may require you to provide a copy of your Form I-551 (i.e., green card), front and back, alongside your Form I-130. Or, a copy of your foreign passport bearing a stamp showing temporary evidence of your permanent residence. From here, you must prove your eligible relationship with your child. This may be accomplished in any of the following ways:

• If you are the genetic mother or non-genetic legal gestational mother:
  • You must provide a copy of the child’s birth certificate.
• If you are the genetic father:
  • You must provide a copy of your marriage certificate shared with the child’s genetic or legal gestational mother.
  • You must provide evidence that your child is legitimated or that you have a bona fide relationship with the child.
• If you are the step-parent:
  • You must provide a copy of your marriage certificate shared with the child’s genetic or legal gestational parent.
  • You must provide evidence of the legal termination of all your previous marriages (i.e., divorce decree).
• If you are the adoptive parent:
  • You must provide a copy of the child’s final adoption decree.
  • You must provide evidence that you had at least two years of legal and physical custody over the child.

If you are ready to make matters right, please retain the services of a skilled family immigration lawyer in Milwaukee, WI, as soon as you can. We at Sesini Law Group, S.C., look forward to receiving your outreach.

Read More

In fiscal year 2023, the United States Citizenship and Immigration Services (USCIS) reported receiving approximately 10.9 million immigration applications. Specifically for family-based green cards, about 88 percent of applications were approved while the remaining 12 percent were denied. While 12 percent make up the minority, it still means that close to 100,000 applications were rejected. All of this to say that getting immigration status in the U.S. may be a cut-throat process that leaves little to no room for error. With that in mind, please read on to discover the most common mistakes seen on an immigration application and how a seasoned family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you avoid making them at all costs.

What are the most common mistakes made on an immigration application?

A majority of mistakes found within immigration applications are categorized as clerical errors. However, these small mistakes may make all the difference in how the USCIS handles your petition. More specific examples of this are as follows:

• You may have accidentally left a blank field within your immigration application.
• You may have accidentally misspelled your name or written the wrong date in one of the fields.
• You may have accidentally forgotten to produce your signature at the bottom of the application.
• You may have accidentally contradicted your answers provided in different fields within the application.
• You may have accidentally omitted your criminal history from years ago and/or from a different country.
• You may have accidentally overlooked supplementing your application with relevant and necessary evidence.

What happens if I make a mistake on my immigration application?

In a best-case scenario, your clerical error within your immigration application may simply pose delays. That is, if deemed minor enough, the USCIS may send you a request for evidence, with which you must respond accurately and promptly. Inevitably, this leads to an extended wait time for hearing about your approval or denial.

However, more realistically, the USCIS may conclude that your mistakes are too significant for your application to proceed any further, and they may reject it outright. While you may be given an opportunity to reapply in the future, this means that you may have to start all over again, and even pay a separate mandatory filing fee.

Or, in a worst-case scenario, your pending immigration application may raise serious red flags to the USCIS. That is, they may believe that your presence in the United States is no longer lawful. In the end, you may be threatened with removal or deportation proceedings from the country, possibly with an inability to return indefinitely.

If you need help with executing this, do not be afraid to reach out to a competent family immigration lawyer in Milwaukee, WI. Our team at Sesini Law Group, S.C., is more than capable and eager to assist you in your upcoming legal proceedings.

Read More

After likely years of trying to establish your immigration status in the United States, you may finally feel secure enough to start planting roots, so to speak, and officially establish your life here. But your plans for the future may come to a screeching halt, sadly, if you receive a Notice to Appear from the U.S. Immigration Court regarding your scheduled removal proceedings. If you get informed of such, please continue reading to learn why you are being summoned to removal proceedings and how an experienced removal & deportation defense lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you prepare for what to expect during it.

Why am I being summoned to removal proceedings?

Even after deep self-reflection, you may be unable to grasp why the United States government wants to see your removal from the country. Well, according to the U.S. immigration law, the following are legal grounds to initiate removal proceedings:

• You may have entered the U.S. without proper documentation or inspection.
• You may have chosen to stay in the U.S. even after your visa status expires.
• You may have been charged with a criminal offense during your U.S. stay.
• You may have been accused of violating a U.S. immigration law during your stay.
• You may have been suspected of being a national safety concern in the U.S.

What can I anticipate happening during a removal proceeding?

Once you receive a Notice to Appear, you must attend your scheduled initial hearing (i.e., master calendar hearing). Here, you may either admit or deny the charges placed against you. If admitting them, you may express your request for relief from removal. If denying, you may state your intent to challenge the removal.

Then, there is the merits hearing (i.e., individual calendar hearing). This is where the government may present its case for your removal, with which you may step forward to defend against it. Given this opportunity, it is best to present sufficient evidence, garner witness testimonies, and have a legal representative help your fight.

After these two hearings, the United States immigration judge may make a final ruling on the matter. If the decision does not go in your favor, you may appeal it to the Board of Immigration Appeals. Of note, the same opportunity is given to the government entity fighting against you.

Sadly, if the Board sides with the judge’s decision, the U.S. Immigration and Customs Enforcement (ICE) may be called on to see your deportation from the country. To make the situation less emotionally distressing for yourself, you may choose to depart at your own expense and voluntarily.

You must retain legal representation before you even get close to hearing your ultimate sentence. So please, contact a skilled removal & deportation defense lawyer in Milwaukee, WI, from Sesini Law Group, S.C., today.

Read More

You may already have a taste of what it is like to live in the United States, and with that, you may want to make your life there official. In other words, you may want to upgrade your status to a U.S. citizen. This requires you to complete and submit Form N-400, Application for Naturalization, to the United States Citizenship and Immigration Services (USCIS). That said, please continue reading to learn how to complete this application and how an experienced N-400 application lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can work to ensure you do not miss or incorrectly fill out anything that may disqualify you.

How do I prove my eligibility to apply for Form N-400?

The first of many sections in Form N-400, Application for Naturalization, asks to identify which eligibility criteria you fall under to become a naturalized United States citizen. Or, simply put, your reason for filing. You may be asked to clarify your eligibility with supplemental evidence later on. Nonetheless, you must check off any one of the following boxes:

• You meet the general provisions for naturalization:
  • You are at least 18 years old.
  • You have been a permanent resident for a specified time.
  • You have had continuous residence and physical presence in the U.S.
  • You possess what is considered to be a good moral character.
• You are the spouse of a U.S. citizen.
• You are the spouse of a U.S. citizen in qualified employment outside the United States.
• You are the spouse, former spouse, or child of a U.S. citizen protected under the Violence Against Women Act (VAWA).
• You served in the military during a period of hostilities.
• You served at least one year of honorable military service at any time.

What other information do I need to complete Form N-400?

The following sections in Form N-400, Application for Naturalization, ask for more information about you. This information may confirm that you meet the general provisions to qualify for naturalization or otherwise rightfully fall under any other categories mentioned above. Without further ado, you must answer the following accurately and with the whole truth:

• General information about you (i.e., date of birth, permanent resident status, etc).
• Biographic information (i.e., ethnicity, race, height, weight, eye color, hair color, etc).
• Information about your residence (i.e., current residential address, mailing address, etc).
• Information about your marital history and current marriage, if applicable.
• Information about your children under 18 years of age, if applicable.
• Information about your employment and the schools you attended, if applicable.
• Information about your time spent outside the U.S. for trips, if applicable.
• Information about your moral character and criminal history, if applicable.

Of note, the required filing fee for Form N-400 is $760. Importantly, a section in this application asks if you wish to waive this fee. You may be eligible for one depending on your total household income, household size, etc. If so, you may also have to complete and submit Form I-912, Request for Free Waiver, to the USCIS.

We understand that you must be eager to start this process. So, without further delay, please schedule your initial consultation with a skilled U.S. naturalization lawyer in Milwaukee, WI, from Sesini Law Group, S.C., today.

Read More

You may not be alone in the circumstance where you reside in the United States with a certain immigration status while the rest of your loved ones do not. Well, you may like to know that there is a way for you to advocate for a change in their status on their behalf to the United States Citizenship and Immigration Services (USCIS). This is primarily done by filling out and filing Form I-130, Petition for Alien Relative. Please continue reading to learn what a Form I-130 application is used for and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help determine whether it is within your rights to file one.

What is Form I-130 used for, and who can file it?

Essentially, when you file Form I-130, Petition for Alien Relative, you are petitioning for your relative to come to or stay in the United States permanently. In other words, this may be the first step you take on behalf of your relative so they may eventually apply for permanent resident status, or a green card. That said, filing and getting this form approved by the USCIS in and of itself does not give your relative an immigration status in the country.

Further, you may only be eligible to submit this form if you are a U.S. citizen, a lawful permanent resident, or a national. In turn, your relative, the beneficiary of this application, may only be eligible for this path toward a green card if they are your spouse or child, or your sibling or parent if you are a citizen.

What evidence do I need to supplement an I-130 application with?

Since only certain individuals are eligible to apply for and be sponsored by an I-130 application, supplemental evidence must establish this. More specifically, you may need the following:

• Evidence that you are a U.S. citizen, a lawful permanent resident, or a national:
  • A copy of your birth certificate.
  • A copy of your naturalization or citizenship certificate.
  • A copy of your unexpired U.S. passport.
  • A copy of your permanent resident card.
• Evidence that you have a family relationship with the beneficiary of this application:
  • For your spouse: a copy of your marriage certificate.
  • For your child: a copy of their birth certificate listing your name as the parent.
  • For your sibling: copies of your and your sibling’s birth certificates listing the same parents’ names.
  • For your parent: a copy of your birth certificate listing your parents’ names.

It is worth mentioning that if any of these documents are in a foreign language, you must supply an English translation. This is in addition to a certification from the translator, ensuring they have the competency to make this English translation complete and accurate.

In the end, if you are ready to fight for your loved one’s access to this country, please retain the services of a skilled family immigration lawyer in Milwaukee, WI. Our team at Sesini Law Group, S.C. awaits your phone call.

Read More

Congratulations are in order if you have found a partner you wish to spend the rest of your life with and get engaged. Planning this next step may be more complicated if you and your fiancé live in different countries. That is, if your fiancé is a United States citizen while you legally reside in a foreign country. You may agree that you wish to live in the U.S. together, but it is just a matter of executing this plan legally. In this case, please continue reading to learn how to apply for a green card through marriage and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can be a helpful guide throughout this process.

How can I enter the United States before getting married?

To kickstart the marriage process, you must first apply for a K-1 nonimmigrant visa, otherwise known as a fiancé visa, via Form I-129F, Petition for Alien Fiancé, with the United States Citizenship and Immigration Services (USCIS). Once you successfully obtain this visa, you may be legally admitted into the United States. Soon after, you must enter into a bona fide marriage with your U.S. citizen fiancé who initially filed the Form I-129F on your behalf. Importantly, this marriage must take place within 90 days of your arrival. Ultimately, from here, you may apply for a green card through marriage.

How do I apply for a green card through marriage in the United States?

You are considered your United States citizen fiancé’s immediate relative once you marry them. And with that, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to acquire a green card. At the time of filing, you must be physically present in the U.S., along with meeting other eligibility criteria for lawful permanent residence. If you fall short of this, you may seek relief by filing Form I-601, Application for Waiver of Grounds of Inadmissibility, or Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal.

It is worth mentioning that even if the USCIS approves you for a green card, they may only grant your lawful permanent residence on a conditional basis. Then, after making it to two years of marriage, you may attempt to remove these conditions via Form I-751, Petition to Remove Conditions on Residence. Your green card without conditions may be renewed every 10 years. But if you cannot remove these conditions successfully on your first attempt, you may lose the permanent resident status that you worked so hard to earn altogether.

If you still have lingering questions at this point in time, please do not hesitate to reach out to a skilled family immigration lawyer in Milwaukee, WI. The team at Sesini Law Group, S.C. will certainly be the perfect fit for you.

Read More

If you have finally gotten yourself a citizen or lawful permanent resident status in the United States, you may now focus on earning a status for your child. At this time, you may want your child to come live with you while their visa application is pending. However, you may worry that they are very close to aging into adulthood, and that their presence will no longer be accepted once they do. Well, this is why the U.S. Congress enacted the Child Status Protection Act (CSPA) back in 2002. With all that being said, please continue reading to learn more about the CSPA and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can work to calculate whether you fall under this protective measure.

What must I understand about the Child Status Protection Act?

According to the Immigration and Nationality Act (INA), a child is considered an individual who is both unmarried and younger than 21 years old. Say your child applied for a green card or other immigration status before reaching this age limit. Even so, the United States Citizenship and Immigration Services (USCIS) may take a long time to process and approve their application. Specifically, it may still be pending upon their 21st birthday. In short, your child may have “aged out,” and their initial petition may no longer be valid. With that, they may have to fill out and file an entirely new petition, which makes obtaining legal status in the country much more delayed.

This was an experience that many children-turned-adults have experienced in the past, due to no fault of their own, but rather due to USCIS backlogs. In response, Congress enforced the CSPA to prevent these children from “aging out.” Importantly, this Act does not change the INA’s definition of a child. Instead, it provides an alternative method for calculating age to improve immigration opportunities for individuals in this in-between age group.

What is the latest update on the CSPA’s age calculation?

On February 14, 2023, the USCIS updated how to calculate CSPA age for children seeking permanent resident status with one of their parents receiving a family-sponsored or employment-based visa. That is, the Department of State’s Visa Bulletin records the Dates for Filing chart and the Final Action Date chart. Previously, the CSPA’s age calculation was based on the Final Action Date chart, the later date. Thus, causing a tendency for children to “age out.”

Now, under new guidance, this calculation uses the Dates for Filing Chart. In other words, it freezes the child’s age to what it was on their initial filing date. So, even if a child turns 21 or older while their application is still pending with the USCIS, they may still be recognized as a child for the sake of their immigration eligibility. We cannot conclude without mentioning that the unmarried requirement stands true throughout this process.

If you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with a skilled green card lawyer in Milwaukee, WI. Our team at Sesini Law Group, S.C. wishes to aid you during this difficult point in time.

Read More

Even though you regretfully committed a criminal offense in what seems like a lifetime ago, one of its repercussions is that you are left carrying a criminal record permanently. This criminal record may negatively affect many aspects of your future life, including whether you ever wish to obtain immigration status in the United States. That said, please continue reading to learn how your criminal history might affect your pending immigration application and how an experienced immigration criminal issues lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you enter or remain in the U.S. regardless.

How does a criminal history affect my pending immigration application?

No matter whether you are applying for a family-based or marriage-based green card, and whether you are currently residing inside or outside of the United States, your immigration application will ask you if you have a criminal history. There is no sense being anything but honest in your answer, as the United States Citizenship and Immigration Services (USCIS) will conduct a background check and unearth the truth anyway.

Further, it does not matter whether your past criminal conviction was in the U.S. or a foreign country, as you must disclose it regardless. Unfortunately, being convicted of an aggravated felony, a crime involving moral turpitude, or a crime involving illegal drugs makes your ineligibility for a green card highly likely. Of note, being “convicted” means that a court either ruled that you were guilty or you ended up admitting guilt when entering a plea bargain.

Is it possible to apply for a waiver to excuse my criminal history?

When asked to explain your past criminal conviction in your initial immigration application, you may attempt to argue that the offense under the foreign country’s laws is not equivalent to the United States’ standards for an aggravated felony, a crime involving moral turpitude, or a crime involving illegal drugs. However, the USCIS may disagree with your argument.

Instead, you may have a better chance at gaining immigration status in the U.S. if you submit a waiver of inadmissibility. Here, you must sufficiently prove that your presence in the country would not pose a danger to anyone else. Or, that your being denied entry would cause your sponsor extreme hardship.

You must understand, though, that certain criminal convictions do not even allow a waiver option. Namely, this is if you previously committed an aggravated felony such as murder or torture. This is in addition to most illegal drug convictions, unless you only committed a simple offense of possessing less than 30 grams of marijuana for personal use, for example.

Before this gets too much, please seek the guidance and counsel of a skilled removal & deportation defense lawyer in Milwaukee, WI, from Sesini Law Group, S.C. We will work to the best of our ability to minimize or eliminate this mess from your immediate worry.

Read More

After a lot of hard work, you may have finally secured your stay as a legal permanent resident (i.e., green card holder) in the United States. But even though you just got this status, you may want or have to leave the country for an extended period. Before you make your travel plans, though, you must confirm that you will be allowed back into the country. Well, you may feel more comforted, as though you have a security blanket to fall back on, with a reentry permit in your possession. With all that being said, please continue reading to learn more about the reentry permit and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you obtain one.

What is the purpose of a reentry permit?

In short, a reentry permit is a travel document issued by the United States Citizenship and Immigration Services (USCIS) that may allow you, a legal permanent resident, to reenter the country after traveling abroad for an extended period. Another way to put it is that it maintains your legal status in the U.S. This is because a standard green card is generally invalidated if the holder stays abroad for longer than one year.

How is a reentry permit different than an advance parole?

In doing your diligent research, you may have also discovered that the USCIS offers advance parole for those wishing to travel abroad temporarily. Well, the primary difference between a reentry permit and an advance parole is that the former is for legal permanent residents while the latter is for those who are in the process of applying for this status, adjusting to this status, or seeking asylum.

What is the process for obtaining this permit?

Even if you do not anticipate traveling outside the United States for longer than one year, your plans and circumstances may unexpectedly change. So, it is best to apply for a reentry permit to give you peace of mind for a guaranteed return to the country. Without further ado, the general process for obtaining a reentry permit goes as follows:

1. Fill out and file Form I-131, Application for Travel Document, with the USCIS at least 60 days before your planned trip.
2. Pay the mandatory filing fee of $575.
3. Schedule your mandatory biometrics appointment at your local USCIS office.
4. Optional: Request to collect your reentry permit at a U.S. consulate or embassy in the foreign country you travel to.
5. Check the status of your application with the USCIS online case status checker and pick up your reentry permit on time.

To give yourself enough time to develop a solid application and travel plan, please be sure to get in touch with a skilled green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., as soon as possible. We look forward to hearing from you.

Read More

For certain, you may know that you want authorization to work in the United States. However, you may struggle to find a U.S.-based employer willing and able to sponsor you for the necessary green card. If you are eager to gain legal entry into the country sooner rather than later, you may explore your options for self-petitioning. With that being said, please continue reading to learn whether you can sponsor yourself and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can still work to support you at this time.

Is it possible to sponsor yourself for a green card?

Simply put, certain employment-based green card categories offer a self-petitioning option for foreign applicants. For one, there is the EB-1A visa, or the extraordinary ability visa. This visa type is designated for individuals with extraordinary abilities in science, arts, education, business, or athletics. Specifically, extraordinary abilities may be reflected through an individual’s national or international acclaim or recognition.

Secondly, the EB-2 visa (i.e., National Interest Waiver visa) is meant for individuals with working capabilities that may particularly benefit and thereby be in the national interest of the United States. Naturally, with this, an individual must showcase their work history and how it might translate to national importance here.

Last but not least, there is the EB-5 visa, otherwise known as the immigrant investor visa. This visa type is made for foreign investors who can and intend to invest substantial capital in a new commercial enterprise. Namely, this enterprise should create plenty of job opportunities for U.S. workers, the minimum being at least 10 full-time positions. For this, an individual must have the financial capacity to invest $1.8 million or more in an enterprise or $900,000 in a targeted employment area.

What other self-petitioning options do I have?

You may feel drawn toward a self-sponsoring opportunity as it allows you to maintain autonomy throughout your immigration process. With this, you may choose amongst several different job opportunities opened to you, instead of being contained to work with the one U.S.-based employer who decided to sponsor you. In turn, you may more closely follow your ultimate career goals.

Unfortunately, though, you may not qualify for any of the employment-based self-sponsoring visa options mentioned above. Do not fear, though, as you may be afforded other chances to self-petition. For example, there is the Violence Against Women Act (VAWA) visa if you have been made the victim of abuse from a domestic or intimate partner who is a U.S. citizen or lawful permanent resident. Or, a self-petitioning widow(er) visa if you are the spouse of a deceased U.S. citizen.

To ensure you do not go through this critical yet complex process by yourself, please reach out to a skilled green card lawyer in Milwaukee, WI. Our team at Sesini Law Group, S.C. is more than happy to serve you.

Read More

When trying to obtain lawful permanent resident or nonimmigrant status in the United States, you may have been made well aware that a condition of your temporary stay was that you could not travel outside the country for a specified period. While you may have been equipped to see this through, life circumstances beyond your reasonable control may create a necessity to travel abroad. Before you make any abrupt or rash travel plans, you should look into an advance parole. Without further ado, please continue reading to learn about advance parole and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help you acquire this permission.

In the context of immigration law, what is advance parole?

Per the United States Citizenship and Immigration Services (USCIS), advance parole is a travel document that may allow you, an individual with a non-citizen status with a pending application, to travel abroad and return to the U.S. without needing to apply for a new visa. In other words, an airline or a transportation company may accept your advance parole document as eligible proof that you are authorized to reenter the country. Importantly, though, this document cannot and will not replace your need to produce your passport. In short, it simply helps you maintain your nonimmigrant status in the U.S. after having to travel temporarily.

However, it is worth mentioning that obtaining advance parole, via Form I-131, Application for Travel Document, does not completely guarantee your re-entry into the country. That is, a U.S. Customs and Border Protection officer may use their discretion to determine whether you can return. This is especially dependent on whether you are deemed inadmissible, found to have an expired immigration status, found to have abandoned your pending immigrant application, or found to have a removal order, criminal history, national security or public safety concerns, etc.

Under what circumstances might I need advance parole?

With all that has been said so far, you should apply for advance parole at your own risk. Although, we understand that, sometimes, extenuating circumstances may leave you with no choice but to travel abroad to your home country or elsewhere. Below are legitimate reasons for petitioning for advance parole:

• You must visit or care for a sick relative in your home country.
• You wish to attend a funeral service for your loved one in your home country.
• You require a medical treatment that is inaccessible to you in the United States.
• You received an overseas assignment from your current United States-based employer.
• You got accepted into a study abroad program hosted by your United States-based academic institution.

If you require further clarification on this issue, a skilled family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., is willing to offer it. So please do not hesitate to seek out our services. We look forward to helping you.

Read More

You may have enjoyed your experience studying and living in the United States so much that you do not look forward to returning to your home country after your graduation date. However, there may be a way to remain in the country legally, but this is so long as you hustle to get the necessary work authorization on time. Without further ado, please continue reading to learn how to switch your student visa to a work visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you seamlessly transition.

Can I work while on my student visa?

First of all, while you are still a full-time student on an F-1 student visa, you should take advantage of your opportunities to gain legal employment. After all, it may be expensive to support yourself and your education during your stay.

That said, you may not work off-campus during your first academic year, only on-campus employment is available and subject to conditions and restrictions. This is unless you can prove you are under a special situation where you are facing severe economic hardship or otherwise require exceptional student relief.

Nonetheless, after this first year, you may accept off-campus employment in the form of curricular practical training (CPT), optional practical training (OPT), or science, technology, engineering, and mathematics optional practical training extension (STEM OPT). Please consult one of our lawyers to learn more about these available programs.

Ultimately, no matter which path you choose, you must first get work authorization from the designated school official at your academic institution, along with the United States Citizenship and Immigration Services (USCIS).

How can I switch from a student visa to a work visa?

The most important thing to accomplish is first completing your academic degree program with your F-1 student visa. As mentioned above, you may enroll in OPT, which may extend for up to 12 months post-graduation. Of note, STEM OPT may last for up to 24 months post-graduation.

Before your program ends, you must start planning for an H-1B visa. Specifically, this visa is designated for foreign workers in specialty occupations that require a bachelor’s degree or higher in a related field, much like yourself. But this visa type also requires you to find a U.S.-based employer willing and able to serve as your sponsor.

Once you find someone, they must file a labor condition application with the U.S. Department of Labor and the H-1B visa petition with the USCIS on your behalf. As you can tell, each step may take time to complete. So it is in your best interest to start sooner rather than later so there are no illegitimate gaps in your nonimmigrant visa status.

Before entering these proceedings, you should have already hired a skilled work authorization permit lawyer in Milwaukee, WI, to represent you. So, if you have not done so already, please contact Sesini Law Group, S.C. today.

Read More

You may be endlessly grateful for your opportunity to pursue an academic career in the United States with an F-1 visa. However, this opportunity may not be a “free ride,” so to speak. That is, you may need to support yourself financially during your stay, not to mention pay for your tuition, room and board, textbooks, and more. And so, you may wish to seek part-time or full-time employment, within the bounds of what your student visa allows for. This is where curricular practical training may come into play. Please continue reading to learn more about curricular practical training and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you apply for it when you still have the opportunity to do so.

What is curricular practical training for student visa holders?

According to the United States Immigration and Customs Enforcement (ICE), curricular practical training is an alternative work/study, internship, cooperative education, or other required internship or practicum that a U.S. employer sponsor may offer through agreements with a U.S. college, university, or other educational institution. In doing so, international students carrying F-1 visas may engage in paid or unpaid off-campus work experience relevant to their academic curriculum and their chosen major of study.

If you are interested in this training program, you must apply for it before your program’s end date. For this, you must secure a training opportunity first, and then visit the designated school official at your institution. The official may authorize and endorse your participation in this program through the Student and Exchange Visitor Information System provided by the U.S. Department of Homeland Security (DHS).

Lastly, if you are extra ambitious, you may qualify for two training opportunities simultaneously. But importantly, you must obtain separate endorsements and authorizations for each one.

What are my work authorization options after graduation?

To reiterate, your curricular practical training opportunity may only be afforded to you before you complete the academic curriculum for your major of study. So, if you wish to continue gaining worthwhile work experience in the United States, you may look into the possibility of optional practical training. This is different because it is designated for international students who have fulfilled their program requirements and wish to augment their learning with real-world experience, according to ICE.

You must understand, though, that you may lose your eligibility for occupational practical training if you have participated in full-time curricular practical training for 12 months or longer. All of this to say, you must think far ahead about the future goals you wish to accomplish during your stay in the U.S. before you accept any employment opportunities through this training program.

You do not need to feel alone in this process. A skilled work authorization permit lawyer in Milwaukee, WI is ready to be in your corner and support you throughout. So please reach out to Sesini Law Group, S.C. whenever you are ready.

Read More

Through seeking asylum, you may be looking for the United States to protect you from facing the potential dangers in your home country or country of residence. Even so, though, you may not want to be a financial burden on the country that has selflessly taken you in. That is, you may want to financially support yourself as an asylee of the U.S. Well, with that being said, please continue reading to learn whether you can work while your asylum case is pending and how an experienced asylum immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you support yourself during this challenging time.

Can I work in the United States while my asylum case is still pending?

First of all, to apply for asylum in the United States, you may file Form I-589, Application for Asylum and for Withholding of Removal. This must be filed with the United States Citizenship and Immigration Services (USCIS) within one year of your arrival to the country. Then, to apply for an Employment Authorization Document (EAD) in the meantime, you may file Form I-765, Application for Employment Authorization. It is worth mentioning, though, that you may have to wait at least 150 days from the date you initially filed your asylum application. In turn, you may have to wait until your application has been pending for at least 30 days. In total, you may be subject to a 180-day waiting period until you can lawfully obtain employment in the U.S.

What happens to my work status if my asylum application gets denied?

If your asylum application gets approved, you may receive automatic authorization to work in the United States. In other words, you may not need to apply for an EAD once you already have asylee status. Although, some asylees still make an effort to file Form 1-765, since an EAD can be easily used as a form of identification. Even better, though, is applying for a green card via Form I-485, Application to Register Permanent Residence or to Adjust Status.

Unfortunately, if your asylum application gets denied, your work authorization may end when your EAD expires or 60 days after your denial date, which comes later. Should you appeal the decision to an immigration law judge, your work authorization may similarly expire on your EAD’s expiration date. Your access to asylum may still get rejected in the end. If so, you may attempt to remain in the U.S., and subsequently continue working in the U.S., through other available immigrant, nonimmigrant, or temporary protected status programs.

You must be fully equipped to enter your upcoming asylum case proceedings. Your preparation is not complete without hiring a skilled asylum immigration lawyer in Milwaukee, WI. Contact Sesini Law Group, S.C. today.

Read More

As an eligible permanent resident, asylee, or spouse of a United States citizen, you may want to solidify your life in this country and apply to become a naturalized citizen. Of note, there are many hoops you may have to jump through, so to speak, to obtain this status once and for all. The final obstacle may be completing the naturalization interview. Without further ado, please continue reading to learn how to best prepare for your upcoming naturalization interview and how an experienced N-400 application lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can coach you through this.

When and where can I expect my naturalization interview to take place?

First of all, your naturalization interview will be a meeting with a United States Citizenship and Immigration Services (USCIS) officer who will ultimately determine whether or not you are eligible to obtain citizenship status. You may receive the date, time, and location of your interview a few months after submitting your Form N-400, Application for Citizenship, with the USCIS.

On this appointment notice, you may learn the local USCIS field office you are expected to arrive at on your scheduled interview date. We recommend you give yourself enough time to commute to the office, especially if this will be your first time traveling here. Overall, you should arrive at least 30 minutes before your interview to sign in, pass security checks, and more.

How can I best prepare for my upcoming naturalization interview?

At your naturalization interview, the USCIS officer may first ask you questions about your application and background. While you may assume you know this information like the back of your hand, it is natural to have mental blocks or second guess yourself when you are nervous or under pressure. So, we advise you simply look over your paperwork ahead of your interview.

Then, the officer may test your English-speaking ability. Specifically, they may observe how you speak and understand English in conversation. Also, they may ask you to read one of three sentences out loud correctly, and write one of three sentences down correctly. Notably, the USCIS offers resources for studying for the reading and writing English tests. As far as speaking goes, you may best prepare by conversing exclusively using English with a native English speaker in the days, weeks, or months leading up to your interview date.

Lastly, the officer may have you take a civics exam that tests your knowledge of U.S. government history and geography. The officer may choose randomly from a list of 128 standard questions, and you must answer 12 out of 20 posed questions correctly. Again, these standard questions are provided as a resource on the USCIS website. You should closely study these questions and have a loved one frequently quiz you.

We cannot end this blog without mentioning that one of our lawyers can step in to prepare your application paperwork, work on your English fluency skills, and study your civics exam questions. And so, if you are ready to get started on your interview preparation, now is a better time than ever to contact a skilled US naturalization lawyer in Milwaukee, WI. Sesini Law Group, S.C. is here to help.

Read More

If you are applying for a United States visa, you are likely expected to attend an interview at a United States Embassy or Consulate overseas. At this step, a consular officer holds the authority to approve or deny your right to permanent resident status in the country, based on the standards established by federal law. If you make it up to this point but ultimately get rejected, you may feel confused and unsure how to rectify the matter, if possible. Well, for this, please follow along to find out what to do if your visa is denied at a U.S. Embassy or Consulate and how a proficient consular processing immigration visa lawyer in WI, at Sesini Law Group, S.C. can help you get a second chance at obtaining status.

What happens if my visa is denied at a U.S. Embassy or Consulate?

Unfortunately, if a consular officer at a United States Embassy or Consulate overseas denies your visa application, you may not be granted access to enter the country legally. However, you may be allowed to reapply for a visa. To do so, you must first understand why you were deemed ineligible. The consular officer likely cited a specific section of the Immigration and Nationality Act (INA) for this. If you believe their concerns can be alleviated with further clarity, it is in your best interest to submit even more evidence.

It is worth mentioning that you must submit an entirely new visa application for this, not just supplemental evidence alone. This means also paying the visa application fee again without getting a refund for your previously paid one. Now, the time you must wait to go through this reapplication process may depend on the reason for the initial denial. This is why, again, it is important to understand this reasoning since the beginning.

Under what circumstances am I barred from reapplying for a visa?

To reiterate, the consular officer at a United States Embassy or Consulate may cite a specific section of the INA when denying you an immigrant visa. Now, you must take it upon yourself to review the INA and see whether these grounds make you ineligible to reapply for a visa indefinitely. Namely, you may be deemed permanently inadmissible if you were convicted of an aggravated felony, or if you were convicted of fraud or false claims to U.S. citizenship.

On another note, as incinuated above, there may be other circumstances in which you are temporarily barred from reapplying. For example, you may be subject to a five-year ban if you were removed upon arrival to the U.S. Or, a three-year ban if you had an unlawful presence in the U.S. for more than 180 days but less than one year. In conclusion, if you require further consultation, look no further than a talented consular processing immigration visa lawyer in WI, from Sesini Law Group, S.C. Schedule your initial consultation with us today.

Read More

You may have been initially eligible to enter the United States on a K-1 fiancé visa and later applied for an adjustment of status. Otherwise, you may have been admitted to the country on another immigrant visa and married a United States citizen or permanent resident less than two years ago. Either way, you may now have conditional permanent resident status in the country. Continue reading to learn about conditional permanent resident status and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you get your conditions removed correctly.

What is a conditional permanent resident status for a spouse?

In short, your permanent resident status in the United States may be conditional if it is based on your marriage to a citizen or lawful permanent resident, and in turn, you have been married to this individual for less than two years. You may still hold the same rights and responsibilities as any other permanent resident of this country. However, the “conditions” refer to the steps you must take to keep your status.

That is, your green card may be called a two-year green card because it lasts for two years. So, to keep your status after these two years, you do not renew it through Form I-90, Application to Replace Permanent Resident Card. Rather, you must petition for a ten-year green card via Form I-751, Petition to Remove Conditions on Residence. If you cannot remove your conditions successfully, you may lose your permanent resident status altogether. Subsequently, you may be subject to removal from the country, regardless of your marital status to a citizen or permanent resident.

Can I get conditions removed from my green card without my spouse?

Unfortunately, your marriage to a United States citizen or permanent resident may not be what you imagined or hoped for. With this, you may still try to reach your second wedding anniversary so that you may apply for a ten-year green card. However, you must understand that the United States Citizenship or Immigration Services (USCIS) may reject your petition outright if they discover that your marriage is no longer in good faith. Or, if they find documentation that you and your spouse are legally separated or undergoing divorce proceedings.

With that being said, you may be eligible to get conditions removed from your green card, without still being married to your spouse, under extreme circumstances. Specifically, you may apply to waive the joint filing requirement if you were battered or subject to extreme cruelty by your spouse. Or, if your removal or deportation from the U.S. would have you face extreme hardship back in your home country.

If you need legal representation fast, a skilled green card lawyer in Milwaukee, WI is prepared to step up. The team at Sesini Law Group, S.C. looks forward to meeting you, working with you, and helping you.

Read More

You may have come face-to-face with the shocking reality that your home country, the only place you may have lived your entire life, is no longer safe for you to be in. However, you may feel assured knowing that the United States is a country that can offer you the necessary protections. Well, for this, you may not know whether you qualify and should apply for refugee status, asylum, or neither. That said, please continue reading to learn how refugee status differs from asylum and how an experienced asylum immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you navigate these U.S. immigration laws.

How does refugee status differ from receiving asylum?

For one, a refugee may refer to an individual who has fled their home country and is unable or unwilling to return due to persecution or fear of persecution. And so, if this individual is actively seeking protection abroad in the United States, they are likely in a different, outside country filling out their application and whatnot. While an asylee is similarly an individual who has fled their home country due to safety concerns, the contrast here is that they may have already gotten through the port of entry. And so, a United States asylee may already be living within the country while conducting their application proceedings.

How can I legally obtain asylee status in the United States?

You may feel uncomfortable applying for asylee status in the United States when you are already present in the country. However, you should know that you are welcome to seek this status regardless of your country of origin and current immigration status. Further, there are three ways in which officially obtaining asylum may be possible for you. The first way is to submit Form I-589, Application for Asylum and for Withholding of Removal, with the United States Citizenship and Immigration Services (USCIS). Of note, you should complete this within one year of your last arrival in the country.

Or, you may find yourself in the unfortunate position of expedited removal proceedings from the country. Before it is too late, you may express your inability or unwillingness to return to your home country due to persecution or fear of persecution. Then, a USCIS asylum officer may conduct a credit fear screening interview and a subsequent asylum merits interview. Lastly, if you are currently in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR), you may present a defensive asylum case. Here, the USCIS may carry over your submitted Form I-589 with the immigration judge, if applicable.

All of this to say, the time to act is now. Please pick up the phone or message us at Sesini Law Group, S.C. Surely, a skilled asylum immigration lawyer in Milwaukee, WI on our team will be the perfect fit for your upcoming case.

Read More

You may be issued a two-year green card when you first receive a marriage-based visa. However, you may have heard of other foreigners who have married United States citizens getting a ten-year green card. With this, you may wonder why you got the more limited one, and how you can change that for yourself. Well, please read on to discover the differences between a two- and 10-year one and how a seasoned green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you get the latter.

What is the difference between a two- and ten-year green card?

Simply put, a two-year green card is a type of conditional visa that, as the name suggests, only lasts for two years’ time. This type is typically issued when you have residency status in the United States by marrying a citizen, but your marriage to your spouse is less than two years old.

Rest assured, on your second wedding anniversary, you may make efforts toward applying for a ten-year green card. This is essentially a permanent resident card. Again, as it is in the name, this visa is valid for up to 10 years. After a decade has passed, you may reapply if you wish to continue living in this country.

Lastly, it is worth mentioning that there are ways of obtaining a 10-year green card other than marriage. That is, you may be issued one for employment-based purposes, or if you have an immediate relative who was recently issued one themself. On top of this, this option is achievable if you self-petition through the Violence Against Women Act (VAWA).

How do I know if I qualify to get conditions removed from my green card?

Unlike a ten-year green card, you cannot petition to renew a two-year one. Rather, your only path forward may be to petition to remove your conditions and get a 10-year one in its place. For this, you must fill out and file Form I-751, Petition to Remove Conditions on Residence, with the United States Citizenship and Immigration Services (USCIS) at least 90 days prior to your two-year green card’s expiration date.

In this application, you may have to prove for certain that your marriage has been legitimate for the past two years. This may require supplemental evidence such as the birth certificates of your shared children; family photos of you two and your shared children; a lease or mortgage agreement with your two names on it; a bank account jointly owned by the two of you; income taxes jointly filed by the two of you; and much more.

If you have gotten this far, we now ask you to reach out to a competent green card lawyer in Milwaukee, WI to schedule an initial consultation. Overall, we strongly encourage you to retain legal representation from Sesini Law Group, S.C. for your upcoming immigration petition.

Read More

The O-1 visa is a type of nonimmigrant employment-based visa. Notably, it is exclusively reserved for foreigners with extraordinary abilities in the sciences, education, business, or athletics (i.e., the O-1A visa). Or, those who have proven extraordinary ability in the arts or extraordinary achievements in the motion picture or television industry. (i.e., the O-1B visa). Importantly, using the term “extraordinary” abilities or achievements is not necessarily a subjective stance but rather based on specified criteria. So, with that being said, please continue reading to learn whether you qualify for an O-1 visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you accurately interpret its eligibility criteria.

How do I know whether I qualify for an O-1 visa?

To re-emphasize, the United States Citizenship and Immigration Services (USCIS) holds a strict definition for what is considered to be “extraordinary” abilities or achievements for the O-1 visa category. For one, if your practice is in the sciences, education, business, or athletics, you must prove that you are part of a small percentage of individuals at the top of your field. This may be supplemented by tangible evidence of your successful career thus far, such as your membership in prestigious professional organizations, your published works concerning breakthrough topics in your field, and your awards for the important work you have contributed to your field thus far. You may even go as far as sharing your history of high salaries in your held job positions thus far.

As for an extraordinary ability in the arts, the key to this is proving your distinction. That is, you must prove that you have prominent, renowned, leading, and consistent national and international recognition for your high level of achievement in your field. Similarly, for extraordinary achievements in the motion picture or film industry, you must establish that you are recognized for your degree of skill in your field significantly above what is ordinarily encountered. Relevant evidence for all these fields may be copies of critical reviews about you, your received national and international awards, and more.

What are the other O visa types to consider?

Say that you are necessarily an individual with extraordinary abilities or achievements, but you have a close relationship with someone who does. Well, you may be able to temporarily accompany them in the United States through another O visa type. For example, an O-2 visa is designated for individuals who wish to accompany an O-1 artist or athlete to assist them in a planned event or performance. With this, you may have to establish your pre-existing, longstanding working relationship with the O-1 visa holder, along with how your unique skills and experience are integral to their success in said event or performance.

Then, there is also the O-3 visa, intended for the spouses and children of O-1 and O-2 visa holders. For this, you may simply provide proof of your familial relationship with the visa holder (i.e., marriage certificate, birth certificate, etc). This may also entail attending a visa interview with the U.S. consulate.

In conclusion, if you are ready to apply for a nonimmigrant employment-based visa, please first retain the services of a skilled work authorization permit lawyer in Milwaukee, WI. Our team at Sesini Law Group, S.C. is ready and able to take on your case.

Read More

You may love your home country and have no intention of moving away at any point. However, you may have your reasons for wanting to partake in an extended visit to the United States. Depending on how long you wish to stay, and why, this may require more than just booking your roundtrip flight. That is, you may have to petition for a B-1 or B-2 visa with the United States Citizenship and Immigration Services (USCIS). For this, please continue reading to learn more about the B-1 and B-2 visa types and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you apply for either one.

What is the B-1 or B-2 visa offered by the USCIS?

Simply put, the B-1 or B-2 visa is a nonimmigrant visitor visa intended for individuals who wish to temporarily enter the United States for business or tourism, respectively. Notably, it is also possible for an individual to obtain this visa type for a combination of both purposes (i.e., a B-1/B-2 visa). These B visas are generally valid for up to 10 years from the issue date. However, visa holders may only stay in the U.S. for up to 180 days at once, with an option to return after that time.

Without further ado, eligible reasons for travel under these visitor visas are as follows:

• Travel under the B-1 visa:
  • Taking a professional examination or getting a professional license that is only available in the U.S.
  • Attending a meeting, negotiation, or discussion with business associates in the U.S.
  • Attending a professional, educational, scientific, or business convention in the U.S.
  • Applying for jobs and attending interviews for U.S.-based employers.
  • Settling inherited property and assets in the U.S.
• Travel under the B-2 visa:
  • Participating in music or sports contests in the U.S. without receiving pay.
  • Taking an educational course for less than 18 hours per week in the U.S.
  • Sightseeing famous landmarks and exploring notable cities in the U.S.
  • Attending concerts, festivals, and other social gatherings in the U.S.
  • Visiting friends and family members who reside in the U.S.

Who is eligible to apply for and obtain a visitor visa?

In addition to having legitimate reasons for wanting a B-1 or B-2 visa, you must meet its other eligibility criteria. For one, in your Form Ds-160, Online Nonimmigrant Visa Application, you must demonstrate your ability to sufficiently support yourself financially during your entire intended stay.

Also, you must prove your strong ties to your home country, to indicate your intention to return after your 180-day visit or sooner. This may be accomplished through proof of employment, property ownership, dependents living in your primary residence, and more. Last but not least, you must share your valid passport from your home country, to establish that your return home will happen seamlessly.

If you need legal advisement urgently, please do not miss another opportunity to schedule an initial consultation with a skilled family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C. Contact our firm today.

Read More

Like many other foreigners, it may be your lifelong dream or goal to experience life in the United States, even if it is only temporary. Well, you may be happy to hear that the United States Citizenship and Immigration Services (USCIS) offers many pathways toward entering the country legally. The hope is that you qualify for at least one of its visa programs. So, with that being said, please continue reading to learn the different types of U.S. visas and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help you apply for the most appropriate one given your set of circumstances.

What are the different types of U.S. nonimmigrant visas?

For certain, living in the United States is something unique that many wish for but not as many get to experience. Even so, you may only desire a temporary experience of this, as you may have commitments and loved ones in your home country that you do not wish to leave behind indefinitely. If this is your preference, you may sooner consider a nonimmigrant visa type. For this, your options may include, but may not be limited to, the following:

• A B-1 visa: for business-related activities (i.e., attending conferences, negotiating contracts, etc).
• A B-2 visa: for tourism, visiting loved ones, receiving medical treatment, etc.
• An H-1 visa: for a specialty occupation (i.e., science, technology, engineering, mathematics, etc).
• An H-2 visa: for agricultural work (i.e., H-2A) or non-agricultural work (i.e., H-2B for construction, landscaping, hospitality, etc).
• An E visa: for trade with the U.S. (i.e., E-1) or investment in a U.S. business (i.e., E-2).
• A U visa: for victims of certain crimes who cooperate with law enforcement (i.e., domestic violence, sexual assault, kidnapping, stalking, torture, etc).
• A T visa: for victims of human trafficking who cooperate with law enforcement.

What are my options for U.S. immigrant visas?

Arguably, there is a type of U.S. immigrant visa that coincides with every nonimmigrant visa. In other words, you may be able to pursue an immigrant visa type for similar reasonings, just with the bonus of a permanent stay.

For example, there is an employment-based visa program for priority workers (i.e., EB-1), professionals holding advanced degrees and persons of exceptional ability (i.e., EB-2), and professionals and other workers (i.e., EB-3). This may be a more sustainable option for your career plans than a B or H visa type.

The second largest immigrant visa category is designated for immediate relatives of U.S. citizens and permanent residents. Namely, there is the K-1 visa for foreign fiancés who wish to marry a U.S. citizen and live with them in the country. With visa types such as these, foreigners may eventually qualify to obtain a green card and officially adjust to a permanent resident status.

Before you take any further initiative to apply for a visa, we urge you to consult a skilled family immigration lawyer in Milwaukee, WI. Most definitely, the team at Sesini Law Group, S.C. is eager to work with you.

Read More

You may have regretfully committed a crime while living in your home country quite some time ago. You may have learned your lesson thoroughly and changed your morals and character significantly since then. While you may want nothing more but to put the entire thing behind you, it may follow you around indefinitely in the form of a permanent criminal record. This may be a top concern if you wish to file Form N-400, Application for Naturalization, with the United States Citizenship and Immigration Services (USCIS). Well, in this case, please continue reading to learn whether you can apply for U.S. citizenship if you have a prior criminal record and how an experienced immigration criminal issues lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you fight for this status.

Can I apply for United States citizenship if I have a criminal record?

It might still be conceivable to apply for United States citizenship even with a preexisting criminal record. However, this does not come without its obstacles. That is, depending on the time of crime you were found guilty of committing, you may face a temporary or permanent bar to citizenship. More specific examples of each are as follows:

• Crimes that might constitute a temporary bar to citizenship:
  • Certain crimes that were issued a conviction three to five years ago:
    • Drug possession of marijuana in an amount greater than 30 grams.
    • Minor forms of fraud.
    • Prostitution.
    • Solicitation.
• Crimes that might constitute a permanent bar to citizenship:
  • A murder conviction that was issued on or after November 29, 1990.
  • An aggravated felony conviction that was issued on or after November 29, 1990:
    • Child pornography.
    • Drug trafficking.
    • Fraud of a certain amount.
    • Rape.
    • Sexual abuse of children.
    • Weapons trafficking.

Can I lose my citizenship rights after committing a crime?

Say your temporary bar to citizenship has ended, you have submitted Form N-400, and you get naturalized in the United States. However, in the time since, say that you are convicted of a criminal offense. Well, you may rest a little easier knowing that your crime does not necessarily mean you will lose your citizenship rights if have already been naturalized.

But it may be a completely different story if you already had a criminal record when applying for naturalization, yet you lied about it on your petition. That is, if the USCIS learns that you misinformed them about your criminal history, they may initiate what are known as denaturalization proceedings. This essentially means that you may lose your citizenship status and receive a removal order from the country.

All of this to say, you must disclose your entire criminal history on Form N-400, regardless of whether you think it might jeopardize your access to citizenship. This means stating any arrests on your record, any crimes for which you were not arrested, and any criminal cases against you that were eventually dismissed.

If you require legal representation, look no further than a skilled removal & deportation defense lawyer in Milwaukee, WI. The client testimonials on our website speak for themselves, saying that you will not regret hiring the team at Sesini Law Group, S.C.

Read More

Seizing your opportunity to move to the United States while leaving your family behind in your home country is likely one of the most difficult decisions you have been forced to make. While it may have been challenging to pursue at first, you may have ultimately done it knowing that they would join you eventually. That is, once you laid down the groundwork of getting settled in this foreign land and establishing a life they could seamlessly fit into when the time was right. Simply put, you may have always had the goal of petitioning for Form -130, Petition for Alien Relative, on their behalves. If so, then please continue reading to learn how to file an I-130 petition with the United States Citizenship and Immigration Services (USCIS) and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can work tirelessly to reunite your family.

Who can I file an I-130 petition for?

Before you start the process of filling out and submitting Form I-130, you must confirm that the family member you intend to petition is even eligible. Of note, your current status in the United States may affect a certain family member’s eligibility. Without further ado, the qualified candidates read as follows:

• If you are currently a United States citizen:
  • You may petition for your spouse.
  • You may petition for your children under the age of 21.
  • You may petition for your siblings.
  • You may petition for your parents if you are over the age of 21.
• If you are a current lawful permanent resident of the United States (i.e., a green card holder):
  • You may petition for your spouse.
  • You may petition for your unmarried children.

Unfortunately, you cannot use Form I-130 to grant your grandparents, grandchildren, aunts/uncles, cousins, or even your spouse’s family members (i.e., in-laws) entrance into the country. Still, you may encourage these family members to research other visa types in which they may better fit the eligibility criteria.

How do I file an I-130 petition for a family member?

Once you decide to pursue an I-130 petition for your eligible family member, you may kick off this process by creating a USCIS online account to access and file this form online. If you do not prefer the online platform, you may alternatively mail this form to a USCIS Lockbox or request to file at a United States Embassy or Consulate.

In any which way, it is important that you fill out this form to its entirety. This includes providing your signature at the end, along with supplementing it with the necessary documents. The specific documents that are required may depend on your relationship with the family member in question. For example, if you are petitioning for your spouse, you may supply a copy of your marriage certificate; or for your child, a copy of their birth certificate. This may be in addition to proof of your citizenship of lawful permanent resident status in the U.S.

If you have any outstanding questions yet to be answered, please ask a skilled family immigration lawyer in Milwaukee, WI. Anyone at Sesini Law Group, S.C. is willing and able to offer the support you need.

Read More

You may have worked hard to gain special knowledge and skills in your chosen occupational field. While you may be thriving in your career in your home country, you may find yourself eventually hitting the ceiling with little to no room left to grow. Well, you may be glad to know that certain United States-based employers will not let your knowledge and skills go unnoticed. That is, certain employers may be looking to fill gaps in their business operations that have yet to be fulfilled by any employees with citizen or permanent resident status. With this, you may attempt to obtain an H-1B or H-2B visa. Without further ado, please continue reading to learn the difference between an H-1B visa versus an H-2B visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help you understand the application requirements for either type.

What is the difference between an H-1B visa versus an H-2B visa?

Both the H-1B visa and H-2B visa are types of nonimmigrant work visas. However, each is designated for a different type of employee that can meet specific job requirements.

Firstly, an H-1B visa is designated for foreign professionals in specialty occupations, typically in the sciences, engineering, or technology programming. But also, it may apply to individuals who wish to perform services of exceptional merit and ability relating to a Department of Defense cooperative research and development project, or even services as a fashion model of distinguished merit or ability. Regardless, this individual must have a theoretical and practical application of a body of highly specialized knowledge, along with a Bachelor’s degree or higher degree in their specific specialty.

Secondly, an H-2B visa is specifically for foreign workers for temporary nonagricultural jobs, mostly in hospitality, construction, landscaping, and other industries in which extra workers for short durations are typically needed. That said, eligible individuals must establish the need for their services or labor is temporary, regardless of whether the underlying job can be described as temporary. Namely, their proposed job opportunity by a United States-based employer must be defined as a one-time occurrence, a seasonal need, a peak load need, or an intermittent need.

What are the application requirements for each visa type?

Regardless of whether a United States-based employer wants to bring you over on an H-1B or H-2B visa, they will need to fill out and file Form I-129, Petition for Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). Though, the evidence needed to supplement this application may vary depending on the visa type pursued.

For an H-1B visa, an employer may have to demonstrate that their proposed employment qualifies as a specialty occupation, and in turn that the foreign professional is qualified to perform it. Then, for an H-2B visa, an employer may have to exhibit that a forgien worker meets the minimum job requirements stated of the temporary labor certification, if applicable.

Speaking with a lawyer is never a bad idea, even if you are still unsure whether you require legal assistance just yet. At the very least, they may serve as a listening ear to your initial questions and concerns. So when in doubt, please schedule a consultation with a skilled work authorization permit lawyer in Milwaukee, WI, from Sesini Law Group, S.C., today.

Read More

Depending on which type of nonimmigrant visa the United States Citizenship and Immigration Services (USCIS) issued you, you may be able to stay in the country for up to 10 years. While this may seem like a long time, you may soon realize that this deadline may approach rather quickly. And after finally establishing yourself and your life in the U.S., you may be reluctant to pack up and start all over in your home country once more. Well, you may rest easier knowing that there may be a way to legally stretch your duration of stay. For more, please read on to discover whether you can apply for a visa extension while still residing in the United States and how a seasoned I601A waiver lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you take the right and appropriate actions.

Under what circumstances can I apply for a visa extension?

First of all, you should know that you may only be eligible to apply for an extension of stay in the United States if you meet the following conditions:

• You were originally admitted to the U.S. as a nonimmigrant.
• Your original U.S. nonimmigrant visa status is still valid.
• You have not committed any crimes during your current stay.
• You have not violated any immigration conditions of your current visa.
• Your passport is still valid and will remain valid for the rest of your stay.

In other words, you may be unable to apply for a visa extension if your particular visa is part of the visa waiver program; a D nonimmigrant visa (i.e., you are a crew member); a C nonimmigrant visa (i.e., you are in transit through the U.S. visa); or a TWOV (i.e., you are in transit through the U.S. without a visa).

Can I apply for a visa extension if I’m still in the United States?

In short, the way to apply for a visa extension is through Form I-539, Application to Extend Nonimmigrant Status. Namely, you may submit this form by mail or online using the USCIS Electronic Immigration System (ELIS).

And yes, either way, you may apply while you are still present in the United States. This is so long as you do so at least 45 days before your authorized stay expires. If successful, you may be able to stay in the U.S. for up to 240 days after the expiry date disclosed on your original nonimmigrant visa.

If denied, you must do the right thing and make immediate arrangements to exit the country. This is because you do not want to have an illegal presence and risk being deported, which subsequently jeopardizes your chances of ever returning. Rather, it is better to apply for reentry into the U.S. from your home country or another country you have been welcomed to.

There is no sense waiting to apply for a visa extension if you already know you wish to remain in the U.S. So please reach out to a competent family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., today.

Read More

Devastatingly enough, the country you have called home all your life may no longer feel like a safe or comforting place to continue living. In a dire emergency like this one, you may seek permission to stay in a safer country temporarily, such as in the United States, until it is considered wise to return to your home country. Well, you may let out a deep sigh of relief when you come to discover the existence of a humanitarian parole visa in the U.S. If this interests you, please continue reading to learn how to apply for a humanitarian parole visa and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you gain the safety and protection you desperately need.

What is a humanitarian parole visa in the U.S.?

In its simplest description, a humanitarian parole visa is a temporary visa that may allow a noncitizen to enter the United States for urgent humanitarian reasons or significant public benefit. Examples of each reasoning are as follows:

• Qualified urgent humanitarian reasons:
  • A noncitizen may require immediate medical care that is unavailable in their home country.
  • A noncitizen may need to visit or support a family member in the U.S. who is terminally ill.
  • A noncitizen may be in the middle of a life-threatening emergency in their home country.
• Qualified public benefit reasons:
  • A noncitizen may need to testify as a key witness in a major criminal case in a U.S. court.
  • A noncitizen may want to participate in a medical trial with potential benefits for the wider community.
  • A noncitizen may be able to provide crucial expertise in a field of national interest.

It is worth reiterating that a humanitarian parole visa grants temporary permission to stay in the U.S. In other words, it is not meant to grant permanent status on its own. This is different than asylum, as this option may provide a pathway to permanent residency in the country eventually.

How do I go about applying for a humanitarian parole visa?

If you believe you have a qualified reason to receive a humanitarian parole visa, you should start applying straight away, for the sake of your immediate safety. You should begin by filling out Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records. Importantly, this form must be supplemented with a $630 filing fee.

You may be a self-petitioner for parole or you may ask for someone residing inside the United States to petition on your behalf. With this, they may also go on to complete Form I-134, Declaration of Financial Support. This is because the United States Citizenship and Immigration Services (USCIS) likes to know that you will have a means of financial support during your temporary stay.

Typically, the USCIS grants humanitarian parole visas. But if your situation is truly an emergency, you may appear at the port of entry and ask that the U.S. Customs and Border Protection (CBP) issue one. In conclusion, at Sesini Law Group, S.C., we share the same goal as you, which is likely to achieve safety and protection within the U.S. borders. So please do not hesitate to work with a skilled family immigration lawyer in Milwaukee, WI from our firm today.

Read More

If you are a United States employer, you may actively recruit individuals to join your workforce and drive your business toward success. During your recruitment initiatives, you may come across an ideal candidate with the perfect combination of education, experience, and skills to fill an empty role. The only potential issue you may identify, though, is that this candidate may not be a U.S. citizen or permanent resident. However, if you really want to put the work in to do so, you may sponsor them for a work visa to make their employment with you possible. With all that being said, please continue reading to learn how to sponsor an employee for a U.S. work visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you do so effectively.

As an employer, what types of employees may I sponsor?

First of all, before you commit yourself to the somewhat extensive and detailed process of sponsoring an individual for a United States work visa, you must confirm their eligibility for one. That is, your prospective employee must qualify for any one of the following types of employment-based (EB) visas:

• An EB-1 visa: this is generally designated for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
• An EB-2 visa: this is generally designated for individuals with exceptional ability in the sciences, arts, or business.
• An EB-3 visa: this is generally designated for professionals with a baccalaureate degree or individuals capable of performing skilled or unskilled labor for which qualified workers are not available in the U.S.
• An EB-4 visa: this is generally designated for special immigrants (i.e., religious workers; certain physicians; Panama Canal Company Employees, Canal Zone Government Employees, or U.S. Government in Canal Zone Employees; etc).

As an employer, how do I sponsor an employee for a U.S. work visa?

Simply put, your approach for petitioning to sponsor a prospective employee may differ depending on which EB visa category they fall under. For example, if you are pursuing an EB-1 visa, you may go right ahead and file Form I-140, Immigrant Petition for Alien Workers, with the United States Citizenship and Immigration Services (USCIS).

However, for EB-2 and EB-3 visas, you must first file for labor certification with the United States Department of Labor (USDOL). Of note, this labor certification requirement may be waived if your prospective employee, who is looking for an EB-2 visa, also qualifies for a national interest waiver.

Lastly, for a prospective employee seeking an EB-4 visa, you may file Form I-360, Petition for Amerasian Widow(er), or Special Immigrant, with the USCIS on their behalf.

As a U.S. employer looking for employees, there is no one better you can turn to than a skilled work authorization permit lawyer in Milwaukee, WI from our firm. So please, call us at Sesini Law Group, S.C. as soon as possible.

Read More

Basically, whether your visa application is approved or denied is at the discretion of the United States Citizenship and Immigration Services (USCIS). With that, the USCIS is not necessarily known for being lenient or generous in the number of petitions they approve. This is all to say that you must make your best efforts with your initial petition, as it is essentially the first impression you give to the U.S. government, which holds the fate of your future in this country in their hands, so to speak. So, without further ado, please continue reading to learn the most common reasons for visa denials and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you take affirmative action should yours get rejected as well.

What are the most common reasons for visa denials?

Unfortunately, you have little to no room for error when it comes to applying for a United States visa. This is why we strongly urge you to retain wise legal counsel from the onset of your application process. That said, the USCIS may decide to deny your petition for any one or more of the following reasons:

• The USCIS may find that you, purposefully or accidentally, misrepresented yourself in the information provided in your visa application.
• The USCIS may find that you failed to provide a clear travel itinerary for your intended trip (i.e., your reason for traveling, where you will be staying, for how long you will be staying, etc).
• The USCIS may find that you do not have enough funds to feasibly, financially support yourself during your intended trip (i.e., you did not provide past pay stubs, proof of assets, etc).
• The USCIS may find that you were previously denied a visa in the past, or you committed an immigration violation during your last trip to the United States with a visa.
• The USCIS may find that you have a serious criminal history in your home country that makes you highly inadmissible to the United States.

What actions should I take if my visa is denied?

Please know that it is not the end of the world if your initial visa application gets rejected by the USCIS. That is, you should still seize your sliver of opportunity to enter the United States.

For one, you may carefully consider the reasons for denial in your received denial letter. From here, you may rectify these mistakes in an entirely new visa application. Or, if you believe that, based on these disclosed reasonings, the USCIS was mistaken when denying your petition, you may file an appeal to challenge it. Last but not least, you may toy with pursuing another visa type that you are arguably equally or even more so eligible for.

Your visa application should not be filed without the wise legal counsel of a skilled family immigration lawyer in Milwaukee, WI. So please call to schedule your initial consultation with us at Sesini Law Group, S.C. today.

Read More

You may have been enjoying your temporary stay in the great state of Wisconsin so much that you want to extend it for much longer, or possibly even indefinitely. However, you must keep a watchful eye on your visa expiration date and other deadlines imposed on you upon your arrival. When checking your visa at this time, your heart may sink with the realization it has expired during your visit. But before you panic or react hastily, you must carefully consider your feasible and legally acceptable options. With that being said, please continue reading to learn whether you can legally stay in the U.S. if your nonimmigrant visa has expired and how an experienced removal & deportation defense lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you avoid any trouble with the United States Citizenship and Immigration Services (USCIS) and/or the United States Immigration and Customs Enforcement (ICE).

Can I stay in the U.S. if my nonimmigrant visa is expired?

You must understand that your visa expiration date may mean something different than your acceptable duration of stay in the United States. That is, your expiration date may appear alongside your issuance date on your physical visa; the time in between is called your visa validity, which is the length of time you are permitted to travel to a port of entry in the U.S. With that being said, your visa expiration date does not necessarily reflect how long you are authorized to stay in the U.S. Rather, it indicates until when you are allowed to travel to a U.S. port of entry.

Therefore, a Customs and Border Protection (CBP) officer may dictate your authorized duration of stay at the port of entry. They may do so by stapling an I-94 record on your passport. Whatever date appears on your I-94 record is the date you must arrange your exit from the country. Otherwise, with an invalid I-94 record, you may technically have an invalid immigration status. This eventually leads to trouble with ICE officials.

How can I legally extend my authorized stay in the U.S.?

As the date disclosed on your I-94 record rapidly approaches, you may want to weigh your options for legally extending your authorized stay in the United States. Importantly, you must apply to extend your stay at least 45 days in advance of this scheduled expiration date. The different applications you may choose from entail Form I-129, Petition for a Nonimmigrant Worker, Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status, etc.

Of note, if you accidentally overstay your welcome in the U.S., we strongly encourage you to file Form I-601, Application for Waiver of Grounds of Inadmissibility. This is so you may avoid removal and long-term or permanent bars from reentering the country, among other serious legal consequences.

There is no need to remain hesitant when you have a skilled removal & deportation defense lawyer in Milwaukee, WI on your side and supporting you. So please inquire with us at Sesini Law Group, S.C. at your earliest possible opportunity.

Read More

You may be an entrepreneur who primarily conducts business in countries outside of the United States. However, if you become more eager to expand your business scope, you may be interested in penetrating the U.S. market soon enough. Well, you may be happy to hear that the U.S. may actually welcome your business. That is, the United States Citizenship and Immigration Services (USCIS) offers investor visas (i.e., E-1 and E-2 visas) to allow business owners like yourself to bring themselves and their employees to this country. With that being said, please read on to discover how to apply for a U.S. investor visa and how a seasoned E-1 & E-2 investor visa attorney in Milwaukee, WI, at Sesini Law Group, S.C. can work to ensure this visa type is effectively granted to you.

What is the purpose of a U.S. investor visa?

Essentially, an E-1 or E-2 investor visa may grant temporary resident status to foreign investors who satisfy certain criteria. Specifically, such criteria are as follows:

• A foreign investor must be a citizen of a country with which the U.S. has a treaty of commerce or navigation.
• A foreign investor must plan for a business with at least 50 percent owned by nationals of the treaty country.
• A foreign investor must be involved in substantial trade, especially between the U.S. and the treaty country.
• A foreign investor must be invested or plan to invest a substantial amount of capital in the business.
• A foreign investor must be employed in a managerial or supervisory role in the business.

With this visa type, a foreign investor may become self-employed in the U.S. for up to two years; and this may be renewed and extended for additional two-year increments so long as said eligibility criteria are continually met. Further, a foreign investor’s spouse and unmarried children below the age of 21 may also receive a green card at this time. With this, they may be eligible for employment authorization.

How can I approach applying for a U.S. investor visa?

When attempting to obtain an E-1 or E-2 visa, you must start by filling out and filing Form DS-160, Online Nonimmigrant Application. You may access this form on the Consular Electronic Application Center’s website. Importantly, when submitting this form, you must also pay the required $1,015 fee. This is not to mention the subsequent investment costs that inevitably come with this visa approval. Namely, there is the cost of starting a new business, buying a franchise, purchasing an existing business, etc. All of this to say, please ensure you have the financial capability to pursue this visa application before you follow through with it.

Soon after filing, you may get an interview schedule with the U.S. embassy or consulate in your home country. You must bring the required and relevant documents to the interview, along with properly preparing for the questions you might be posed. Hopefully, within two to three months, you may get word that your petition for an investor visa has been approved.

We hope that this blog offers the insight you were searching for. For more information, we encourage you to contact one of the competent Wisconsin immigration attorneys from Sesini Law Group, S.C. today.

Read More

It is heartbreaking that after you worked so hard to gain legal entry into the United States, you are asked to remove yourself soon after. The cause for your removal may be due to extenuating circumstances you were originally unaware of, or otherwise, those you wish you could go back in time to fix. Either way, you may want nothing more than to turn right back around, go back to this country, and start all over. But unfortunately, returning to your life in the U.S. may not be as simple as this. For further legal assistance, please read on to discover whether you have the chance to reenter the U.S. after being ordered to leave and how a seasoned removal & deportation defense lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can work to strategize your lawful return.

What happens if I am ordered to leave the United States?

First of all, you may know that you are at risk for deportation if you are asked to attend a hearing with an immigration court of the United States Department of Justice (DOJ). Here, you may have to defend how you did not violate immigration law, did not commit a criminal offense, or otherwise did not act in a way that causes grounds for removal from the country.

But if the DOJ judge rules that your deportation should proceed, you may hear from the United States and Customs Enforcement (ICE) next. With this, ICE may take you into custody and eventually deport you, or they may ask that you simply make arrangements to exit the country at your own expense (i.e., voluntary departure). With the first option, the U.S. government may mail you a “bag and baggage letter,” which provides the date and place to report for your exit trip.

After being ordered to deportation, it is possible to reenter the United States?

With your official deportation or removal order, there may be an established length of time in which you are required to stay out of the United States. This duration may be set at five, 10, or 20 years, or even indefinitely, depending on the violation or offense you were found guilty of in the first place.

With all things considered, there may be a small window of opportunity to reenter the country after your deportation or removal order. First things first, you may need a valid reason for wanting to return to the U.S., whether it be an employment or educational opportunity, wanting to marry a U.S. citizen or permanent resident, or otherwise. From here, you may need to apply for a waiver that “forgives” your prior deportation or removal order (i.e., Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal).

It is worth mentioning that a certain amount of time within your ban must have passed before you may be eligible to submit this waiver. At any rate, we advise you to reach out to a competent removal & deportation defense lawyer in Milwaukee, WI sooner rather than later. We are confident that you will not regret retaining the services of our team at Sesini Law Group, S.C.

Read More

You may have made your best efforts toward gaining a green card or visa to legally enter the United States. But ultimately, you may be let down if the United States Citizenship and Immigration Services (USCIS) rules that you are inadmissible for entry. At this time, you must not give up entirely, as there still may be a shimmer of hope to make your dream into a reality. That is, you may be able to successfully argue a claim of extreme hardship. With that being said, please follow along to find out how to prove extreme hardship in your ongoing immigration case and how a proficient waivers of inadmissibility attorney in Wisconsin, at Sesini Law Group, S.C., can help you obtain the protection you are so desperately seeking from this country.

How can I prove extreme hardship in my ongoing immigration case?

First of all, you may claim extreme hardship in your ongoing immigration case if you believe that your United States relative would experience such if you were not admitted into the country. If this stance closely resonates with you, then you may proceed forward with filing Form I-601A, Application for Provisional Unlawful Presence Waiver.

Importantly, you must supplement this form with sufficient evidence that backs up your claim. The foundation for such evidence may be a personal statement by your U.S. relative, which details how exactly they may experience extreme hardship without you residing alongside them in the country. You may also supply a personal statement that further supports what they stated. Then, your other forms of evidence may depend on the type of extreme hardship you and your U.S. relative cited.

What constitutes extreme hardship under U.S. immigration law?

Of note, there is no specific United States immigration law that distinguishes between a “normal” versus “extreme” hardship. Therefore, the USCIS may review and make determinations on waiver applications on a case-by-case basis. At the very least, though, your argument for extreme hardship must be more than you and your U.S. relative will simply miss each other if you have to live in separate countries. Nonetheless, below are common examples of what typically constitutes extreme hardship:

• Your U.S. relative may be unable to afford formal childcare and requires your voluntary care services.
• Your U.S. relative may have a serious health condition and requires your care and assistance with daily tasks.
• Your U.S. relative may be financially dependent on you and cannot receive your support from abroad.
• Your U.S. relative cannot join you aboard because they are the primary caretaker of another relative in the U.S.
• Your U.S. relative cannot join you abroad because they are actively earning a degree from a U.S. educational institution.
• Your U.S. relative cannot join you abroad because they will likely be discriminated against in your home country.

In conclusion, at this time, what matters most is that you retain strong legal representation to get you through this critical case. Please contact a talented removal & deportation defense lawyer in Milwaukee, WI today.

Read More

Once approved for a visa that allows you to enter the country legally, the United States Department of Homeland Security (DHS) may also issue you Form I-94, Arrival/Departure Record. This document details critical information, including the allotted length of your stay and your mandatory departure date. Now, it is important that you follow this timeline verbatim, or else you may find yourself in deep trouble with the DHS. With that being said, please continue reading to learn the potential consequences of overstaying a visa and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you seek absolvement.

What are the potential consequences of overstaying a visa?

Simply put, the DHS may consider you “unlawfully present” in the United States if you stay beyond the time originally granted to you. Doing so may lead to your being barred from reentering the country for three years, 10 years, or in a worst-case scenario, permanently. The extent of your ground of inadmissibility may depend on how many days of an unlawful presence you accrued. More specific examples of this read as follows:

• A three-year ground of inadmissibility: this may apply if you accrued over 180 days but less than one year of an unlawful presence and left the country before removal proceedings commenced.
• A 10-year ground of inadmissibility: this may apply if you accrued more than one year of an unlawful presence during one continuous stay and left the country before removal proceedings commenced.
• A permanent ground of inadmissibility: this may apply if you accrued more than one year of an unlawful presence over the course of several stays and left the country before removal proceedings commenced.

What should I know about visa overstay forgiveness?

At Sesini Law Group, S.C., we understand that mistakes are made and accidents happen sometimes. So we can see how a ban from the United States for anywhere between three years to indefinitely is quite harsh. This is why we encourage you to petition for visa overstay forgiveness via Form I-601, Application for Waiver of Grounds of Inadmissibility.

In this application, you must show how the benefits of being granted a waiver outweigh the reasons for being denied one. That is, you must provide sufficient evidence of a valid exemption from accruing days of an unlawful presence. For one, you may prove that you are actively in the process of applying for asylum in the United States. Or, that you are classified as a beneficiary of the Family Unity program supported by this country. Lastly, that you have been made the victim of physical abuse by your spouse or the subject of severe h

To better understand your legal rights in the matter at hand, please seek the advisement of a sound and skilled family immigration lawyer in Milwaukee, WI. Please feel confident in knowing that our team at Sesini Law Group, S.C. has significant experience in handling legal cases just like yours. So call us today.

Read More

You may have worked so hard to obtain a permanent resident card, otherwise known as a green card, once and for all. So it is understandable if you get panicky when it is out of your sight or completely misplaced. You may worry that this may jeopardize your stay in the United States altogether. Well, if this is your current predicament, please continue reading to learn how to replace your green card and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you fix this situation.

Why would I need to replace my green card?

Obviously, you would need to replace your green card if it gets damaged, lost, or stolen. But there are other circumstances where you would need to, or it is at least recommended that you replace it. They read as follows:

• Your green card was issued to you before you turned the age of 14, and it is set to expire on your 16th birthday.
• Your green card was issued to you with incorrect information (i.e., incorrect spelling of your name, wrong date of birth, etc).
• Your green card is the outdated version (i.e., Form AR-3, Form AR-103, Form I-151).
• Your green card has no expiration date and you are no longer recognizable in your photo.
• You have legally changed your first and/or last name since your green card has been issued to you.
• You have a commuter green card but want a regular one to live permanently in the United States, or vice versa.

How can I replace my green card in a timely manner?

No matter the reason for needing to replace your green card, you will generally be expected to follow a standard procedure. That is, you must fill out and file Form I-90, Application to Replace Permanent Resident Card. With this, you may need to supply supporting documents that show why you need to replace your green card. Nonetheless, it typically requires a photocopy of your original green card and other government-issued IDs. Also, you may expect a $415 filing fee when applying online and a $465 filing fee when filing by paper.

It is worth mentioning that Form I-90 can only be filed if you are already within the United States. In other words, if your green card got damaged, lost, or stolen while you were traveling abroad, you may need to apply for a boarding foil using Form I-131A, Application for a Travel Document. This document tells transportation carriers that you are allowed to travel to the U.S. This comes with a heightened $575 filing fee. But hopefully, after this, you can safely return to the country and proceed with Form I-90 from here.

There is much to consider before applying to replace your permanent resident card. To help you make the right considerations, please consult with a skilled family immigration lawyer in Milwaukee, WI. Our team at Sesini Law Group, S.C. will guide you toward the best decision.

Read More

You may have never put so much effort into something as your green card application, because of how earnest you are to become a permanent resident of the United States. This is why your spirits may be crushed when you hear back from the United States Citizenship and Immigration Services (USCIS) with the bad news that your petition was rejected. With this, you may have already gotten used to your lifestyle in the United States and do not want to be forced to pack up and return to your home country. Well, if this is your case, please follow along to find out what you can do if your initial green card application gets denied and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you gain access to entering this great country.

What are some reasons why my green card application was denied?

Before feelings of devastation rush through you, your initial reaction may be puzzlement about your green card application getting denied. Well, hopefully, some of this confusion may clear up after reading the USCIS’s written notice to you, which should explain their reason for the denial. Some potential reasons for this resulting decision include the following:

• The USCIS may have concluded that you failed to provide all the required and correct information within your application.
• The USCIS may have found that you have a criminal record for certain crimes that make you ineligible.
• The USCIS may have found that you have certain health conditions that make you ineligible.
• The USCIS may have found that you previously committed immigration law violations with your existing status in the U.S.
• The USCIS may have found that you previously lied or misrepresented yourself at the United States border to gain entry.

What can I do if my initial green card application gets denied?

Also within the USCIS’s written notice to you, they should explain whether or not you are eligible to appeal their decision on your green card application getting rejected. So, if you get the go-ahead for an appeal, you should definitely take advantage of this opportunity.

To successfully petition for an appeal of the decision, you must file Form I-290B, Notice of Appeal or Motion, with the Administrative Appeals Office (AAO) or the Board of Immigration Appeals. Importantly, this must be submitted within 30 days of getting notice of the USCIS’s decision, or 33 days if you received their decision by mail. Lastly, there is a required $675 filing fee associated with this petition.

If you do not have a legal representative to help you with your initial green card application, then you should definitely acquire one for your appeals process. In conclusion, for more information on if and when to start your green card application appeal, please don’t hesitate to contact a talented family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C. We look forward to hearing from you and later on helping you.

Read More

It may have been your lifelong dream to visit the United States. And this may have all come true when you get approved for a B-2 visa, a nonimmigrant visa designated for individuals like you who wish to enter the country temporarily for tourism, pleasure, or visiting. Well, say that you did not anticipate the cost of your visit to the U.S. to be so expensive. With this, you may be tempted to seek temporary work here to fund the rest of your trip. Importantly, do not do this before double-checking the terms and conditions of your tourist visa. Without further ado, please read on to discover whether you are eligible to work in the U.S. with a tourist visa and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you go through the proper legal steps for this.

Am I eligible to work in the United States with a tourist visa?

The short answer is, no, you are not allowed to work in the United States while only carrying a tourist visa (i.e., B-2 visa). This is because, simply put, different visa types require different application processes, have different eligibility requirements, and have different functions overall.

This is to say that a tourist visa, as the name suggests, is issued for a limited time (i.e., usually up to six months) and is meant for leisure travel activities. On the other hand, a work authorization visa carries a more extensive timeframe (i.e., usually spanning multiple years) and is meant for business and employment activities with an approved U.S.-based employer. It is worth mentioning that if you so much as attempt to work while on a tourist visa, it may be revoked effective immediately by the United States Citizenship and Immigration Services (USCIS), prompting your premature departure from the country.

What do I need to get work authorization in the United States?

To reiterate, obtaining work authorization privileges in the United States requires a whole other set of steps and requirements to be met. In this specific example, let’s reference the employment authorization document (EAD). So, applying for an EAD may go as follows:

1. Create an account on the USCIS’s website.
2. Fill out and file Form I-765, Application for Employment Authorization.
3. Supplement this form with any other relevant, required documentation.
4. Pay the required filing fee of approximately $520.

It is worth mentioning that acquiring an EAD card does not require sponsorship by a U.S.-based employer. However, other work visas, such as an H-1B visa, have this extra step. In conclusion, you should know that a competent family immigration lawyer in Milwaukee, WI is here to assist you with whatever your legal issue may be at this time. So please reach out to us at Sesini Law Group, S.C. today.

Read More

With the life you lead and the benefits you carry as a United States citizen or lawful permanent resident, you may wish the same for your loved ones still residing in your home country. Well, through your best efforts, you may be able to make this wish into a reality. That is, they may have the opportunity to join you in the country legally through a successful immigration petition. So, with that being said, please read on to discover more about an immigration petition and how a seasoned family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you with filing one.

What is an immigration petition that I can possibly file?

First of all, an immigration petition is an application filed with the United States Citizenship and Immigration Services (USCIS) meant to request an immigration visa for a foreign-born individual or family member. So, as a United States citizen or lawful permanent resident, you may sponsor a foreign-born individual through this petition. Now, the exact type of petition you file may depend on your specific relationship with a foreign-born individual. The options potentially at your disposal are as follows:

• Form I-130, Petition for Alien Relative: this is if you wish to sponsor an eligible family member, such as a spouse, unmarried child, or parent.
• Form I-140, Immigrant Petition for Alien Worker: this is if you wish to sponsor an individual eligible for employment at your U.S.-based company.
• Form I-730, Refugee/Asylee Relative Petition: this is if you wish to sponsor an eligible family member who is of refugee or asylee status.
• Form I-589, Application for Asylum and for Withholding of Removal: this is if you wish to apply for asylum affirmatively or defensively yourself and want your eligible family member to reap similar benefits.

How do I go about possibly filing an immigration petition?

No matter which exact type of immigration petition you wish to pursue, you must first file it with the USCIS electronically or by mail. If the USCIS approves of it, they will then send your case over to the Department of State’s National Visa Center (NVC) for further processing.

Soon after, the NVC will send you and your loved one information regarding how to set up your Consular Electronic Application Center login. You must remember to supply the NVC with the appropriate fees, forms, and supporting documentation at this time. That is, you must file an Affidavit or Support and other financial documents. This is while your loved one collects and submits relevant civil documents. At the end of all this, the NVC may schedule your loved one’s immigrant visa interview. Hopefully, this will result in your loved one getting their immigration visa approved.

To learn more about how to handle an immigration petition, please get in touch with a competent family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C. Better yet, schedule your initial consultation with our firm today.

Read More

You may encounter many roadblocks between you and your ability to reside legally in the United States. Well, the United States Citizenship and Immigration Services (USCIS) offers certain waivers that may assist you in overcoming these obstacles. Namely, there is such a thing as a national interest waiver. Without further introduction, please follow along to find out the purpose of a national interest waiver and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you determine whether you can and should apply for one.

What is the function of a national interest waiver?

First of all, a national interest waiver is an option within the EB-2 visa type. Now, an EB-2 visa is an employment-based visa specifically designated for individuals with an advanced degree or exceptional ability in a certain field of work. Therefore, a national interest waiver may apply to this visa type if, as the name suggests, an individual’s employment would be of national interest to the United States.

An example of an individual who may automatically qualify for this is a physician who is willing and able to perform medical procedures on United States residents living in deprived or underserved regions. With this, you should also note that a national visa waiver would allow an individual to enter the United States legally without necessarily needing a job offer or labor certification beforehand.

How do I apply for an EB-2 national interest waiver visa?

Essentially, to apply for an EB-2 national interest waiver visa, you must file Form I-140, Immigrant Petition for Alien Worker. With this, it is worth mentioning that you may file this petition yourself. Usually, you must have your sponsoring employer file on your behalf. This is because, to reiterate, this waiver means that you do not require a job offer and therefore a sponsoring employer just yet.

Further, you must supplement your Form I-140 with sufficient evidence that you qualify for this waiver. Such evidence is usually considered on a case-by-case basis, but nonetheless, it should be comprised of the following:

• Clips of media coverage regarding you and your history of successes in your work field.
• Copies of your resumé, academic degrees, and certifications relevant to your work field.
• Proof of the awards you have received for your accomplishments in your work field.
• Recommendation letters written by your colleagues in your work field or similar.
• Any proof of ownership over certain pieces of intellectual property (i.e., patents).
• An outline of a project plan you wish to pursue in your work field in the U.S.

In conclusion, before entering the immigration arena, you must retain the services of a talented green card lawyer in Milwaukee, WI. Reach out to Sesini Law Group, S.C. today.

Read More

Notably, the United States Citizenship and Immigration Services (USCIS) offers many paths for foreigners to enter the country legally. There are essentially two categories for its visa programs: non-immigrant and immigrant visas. So, without further ado, please follow along to find out the difference between non-immigrant and immigrant visas and how a proficient family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you apply for the right one.

What is the difference between non-immigrant visas and immigrant visas?

As the name slightly alludes to, a non-immigrant visa is a visa type that grants a foreigner access to enter the United States temporarily. The reason behind a temporary stay in the country may be tourism, work, education, medical treatments, etc.

This suggests that immigrant visas are intended for foreigners who wish to live in the United States permanently. Now, the explanation behind this desire may be to marry and live with a United States citizen; to be geographically closer to family members who are United States citizens; to accept a prestigious position in a United States workplace; and more.

What are the requirements for non-immigrant visas and immigrant visas?

Now that you comprehend the key distinction between non-immigrant and immigrant visas, you must grasp their separate eligibility requirements.

On the one hand, requirements may vary based on the specific non-immigrant visa you are seeking. For example, if you wish to be a temporary tourist, you may file Form DS-160, Online Nonimmigrant Visa Application, with the United States embassy or consulate in your home country. And while you may file the same form when seeking temporary employment in the country, you may first need to have your prospective employer file authorization documentation with the USCIS on your behalf. This may be to prove that there is eligible work awaiting you in the United States.

On the other hand, your prospective employer may still be required to apply for an employment authorization document for your immigrant visa. But you may file on your behalf if you petition for a permanent work visa based on your extraordinary ability in your field. Or, for a fiancé or other family-based visa program, you may have to have a relative sponsor you before you proceed forward with your own application. This may be to prove that they can support you financially upon your arrival into the country.

Lucky for you, our firm has years of experience in handling both non-immigrant and immigrant visas. If you think now is the time to get started on your immigration application, then please reach out to a talented family immigration lawyer in Milwaukee, WI. Our team at Sesini Law Group, S.C. is well-equipped to take on your case.

Read More

You may have already submitted your green card application to the United States Citizenship and Immigration Services (USCIS). However, with only a small percentage of applications being approved per year, you may already assume that your chances are slim to none. You may still try your luck with entering the diversity visa lottery. Without further ado, please read on to discover more about the diversity visa lottery and how a seasoned green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you enter it.

What should I know about the diversity visa lottery?

Essentially, the diversity visa lottery is an annual program offered by the United States Department of State where an extra 55,000 immigrants are granted access to enter the country on an immigrant visa. This program is otherwise known as the green card lottery. Specifically, this lottery is designated for individuals who are citizens of countries with low immigration rates in the United States. Of this group, eligible individuals must also have graduated from high school or its equivalent, or have qualified work experience, in their home countries.

With that being said, the list of countries with low immigration rates in the United States varies from year to year. Therefore, the list of countries eligible for this lottery varies from year to year. Now, natives from the following countries are, unfortunately, ineligible for the 2025 lottery:

• Bangladesh.
• Brazil.
• Canada.
• The People’s Republic of China (plus mainland- and Hong Kong-born natives).
• Columbia.
• Dominican Republic.
• El Salvador.
• Haiti.
• Honduras.
• India.
• Jamaica.
• Mexico.
• Nigeria.
• Pakistan.
• The Philippines.
• Republic of Korea.
• Venezuela.
• Vietnam.

What if I win the diversity visa lottery while in the United States?

Every year, some diversity visa lottery winners already reside legally in the United States; whether it be because they are on a nonimmigrant status or some other legal status. If this is your case, your process of obtaining a green card may look different. That is, you may have to submit an adjustment of status application with the USCIS. With this, your adjustment of status process must be completed by September 30 of the 2025 fiscal year. Your lottery winning cannot be carried over to the next fiscal year.

This process may contrast with that if you still reside outside the country at the time of your lottery win. This is because you would have had to go through consular processing with the United States Department of State to be issued an immigrant visa. Evidently, consular processing is a whole other animal, so to speak.

This blog is just the tip of the iceberg when it comes to immigration laws in the United States. So for more information, please reach out to a competent family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C., today.

Read More

You may be desperate to obtain refuge in a place outside of your home country or country of current residence. This is why you may, understandably, experience feelings of shock, panic, and distress when you get word that your petition for asylum in the United States was ultimately denied. However, you must keep your head up, so to speak, and not give up on this hope just yet.  Please continue reading to learn why your asylum application would get denied and how an experienced asylum immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you figure out your next move.

Why would my asylum application get rejected?

You must be very careful with the asylum application (i.e., Form I-589, Application for Asylum and for Withholding of Removal) you submit to the United States Citizenship and Immigration Services (USCIS). This is because the slightest error may immediately prompt its rejection. After all, in 2023, the USCIS had more than one million pending affirmative asylum cases and only completed a little over 52,000. So, without further ado, below are common mistakes you must avoid making with your case:

• You may have failed to qualify for asylum protection in the United States in the first place.
• You may have failed to file your asylum application within one year of entering the United States.
• You may have failed to answer each question within your asylum application clearly and thoroughly.
• You may have failed to supplement your asylum application with the appropriate, required evidence.
• You may have failed to show up to your interview with an asylum officer on time or with an interpreter.
• You may have failed to relay information during your interview that was consistent with your application.

What happens if my asylum application is denied?

Usually, most motions to reopen or reconsider an immigration case are done by filing Form I-290B, Notice of Appeal or Motion, with the appropriate fee. However, petitioning to appeal an asylum decision does not require this form or fee. Rather, you may submit a new Form I-589, Application for Asylum and for Withholding of Removal. With this, you should file this new form with the asylum office with jurisdiction over your place of residence rather than directly with the USCIS. You should also include a letter explaining how your previous asylum application was denied.

Importantly, you must appeal an asylum decision within 30 days of receiving a decision from the USCIS. Or, 33 days if you received your decision via mail. If you miss this deadline, you must be able to demonstrate how this delay was beyond your reasonable control.

If you find yourself at a crossroads, please seek the sound advisement of one of the skilled Wisconsin immigration attorneys. Someone at Sesini Law Group, S.C. will stand by your side at a moment’s notice.

Read More

There are two ways you may apply for permanent resident status in the United States. But if you still reside abroad in your home country, your best option would be consular processing. So, without further ado, please follow along to find out the purpose behind consular processing and how a proficient consular processing immigration visa lawyer in WI, at Sesini Law Group, S.C., can take you through each step of this legal process.

What is the purpose behind consular processing?

For one, the United States Department of State stations consulates abroad to represent the country’s interests. One of these interests is issuing and renewing United States passports, along with processing visa applications for foreign citizens. Now, United States visas grant conditional authorization to enter and remain in the country for a specified period. This is different from a permanent resident card, which grants the ability to live and work in the United States indefinitely. Therefore, the purpose of consular processing is to allow the U.S. Department of State to determine whether a foreigner is admissible into the country with a permanent resident status rather than with a visa status.

What should I expect to happen during consular processing?

You should know that consular processing is notorious for being invasive and complex. But at the same time, a lot of it is just waiting around, anxiously awaiting notices from the involved government agencies. All in all, you may consider it personally worth it if you can reside in the United States permanently thereafter. With that being said, below are the steps you should expect to undergo during consular processing:

1. You should wait for a sponsor to file an immigration petition with the United States Citizenship and Immigration Services (USCIS) on your behalf.
2. You should wait to hear back from the USCIS regarding their decision, which is hopefully a notice of approval.
3. You should wait for the USCIS to send the petition to the National Visa Center (NVC), if it is approved.
4. You should wait to hear back from the NVC regarding when your immigrant visa number is available, when to submit documentation and fees, etc.
5. You should wait to receive your scheduled consular interview date, and most definitely prepare for and attend it.
6. You should wait for the consular office to, hopefully, approve your immigration application.
7. You should wait to receive your visa or green card in the mail and head to the U.S.

Importantly, you should not subject yourself to this demanding legal process if you do not qualify for immigration in the first place. This is something you should independently research or speak with your legal representative about beforehand. In conclusion, a talented family immigration lawyer in Milwaukee, WI can help kickstart your legal action today. Our team at Sesini Law Group, S.C. will happily take on your case.

Read More

You may be eternally grateful that you were able to seek refuge in the United States. But now, you may want to solidify your presence in the country even further by gaining a permanent resident card, otherwise known as a green card. With that being said, if you are a refugee, please continue reading to learn how you can become eligible to obtain a green card and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help make this possibility a reality.

How can a refugee be eligible for a green card?

Notably, those with refugee status in the United States, along with qualifying spouses or children of refugees, are eligible to apply for permanent resident status. However, this is so long as this individual submits their application one year after they enter the country. In other words, it is required for this individual to be physically present in the country for at least one year. What’s more, during this time, this individual’s refugee status must not have been terminated.

Further, the United States Citizenship and Immigration Services (USCIS) will need to confirm that this individual was legally admitted into the country as a refugee in the first place. That is, they were admitted under Section 207 of the Immigration and Nationality Act. Further, they submitted Form G-466, Sworn Statement of Refugee Applying for Admission into the United States, to the USCIS.

How can a refugee go about obtaining a green card?

Once an individual confirms they are indeed a refugee eligible for a green card, they may fill out and submit Form I-485, Application to Register Permanent Residence or Adjust Status. Here, it is worth mentioning that principal refugees are not obligated to supplement this application with the usual filing fee and biometrics services fee. But they will still be expected to produce the following forms of proof:

• Proof of their legal admission into the United States as a refugee:
  • A copy of their Form I-94, Arrival/Departure Record.
  • A copy of the United States Customs and Border Protection admission or parole stamp on their travel document.
• Proof of your physical presence in the United States for at least one year.
  • A copy of their travel records.
  • A copy of their rental or housing records.
  • A copy of their employment or school records.
• Two passport-style photographs of themself.
• A copy of their passport page on their nonimmigrant visa.
• A copy of their birth certificate, if easily accessible to them.
• A copy of their government-issued identity document with a photograph.

For more clarity on this, please allow a skilled family immigration lawyer in Milwaukee, WI to offer it to you. Schedule an appointment with Sesini Law Group, S.C. today.

Read More

You may be eternally grateful for your opportunity to reside in the United States. So your worst nightmare may be for this right to be stripped away. That is, the last thing you want is for the United States Department of Homeland Security (DHS) to issue and file a Notice to Appear to removal proceedings. But, on the off chance they do, please continue reading to learn the general process for removal from the United States and how an experienced removal & deportation defense lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can stand by your side throughout these proceedings.

What is the general process for removal proceedings?

Upon receiving a Notice to Appear, you must read it and understand why you are being asked to present your case before the immigration court. Then, once you get your bearings, you may expect your removal proceedings to go through this general sequence of events:

1. You may attend a master hearing, where the judge sets the schedule for your upcoming removal proceedings.
2. You may attend an individual hearing, where you defend against the government’s claims for why you should be removed from the country.
3. You may attend additional court hearings, only if it applies to your case at hand (i.e., bond redetermination hearings or rescission hearings).
4. You may attend a final hearing, where the judge states whether or not you must be removed from the country.

Unfortunately, if the judge ultimately orders your removal from the United States, you may expect a letter from the government soon enough. This letter may detail when and where you must report for your trip exiting the country.

What can I do to get relief from removal?

Importantly, before the judge gives their final order, you may try to relieve yourself from removal from the United States. These efforts may extend beyond the opening statement, witness testimonies, and overall case you prepare for your individual hearing.

For example, you may apply for a stay of removal. With this, you may attempt to pause your removal for a valid reason, at least temporarily. Such valid reasonings may be that you have a medical emergency or need to attend to a family member at an end-of-life stage of their illness.

In addition, you may apply for a cancellation of removal. Here, you may ask the judge to allow you to stay in the United States as a lawful permanent resident. You may be eligible for this relief option if you are a lawful permanent resident who has been in the country for at least seven years now. Or, an undocumented immigrant who has been here for at least 10 years.

If you still have doubts about proceeding, please consult a skilled removal & deportation defense lawyer. Our team at Sesini Law Group, S.C. will point you in the right direction.

Read More

It is honorable that you wish to continue your education after high school to set yourself up nicely for your future dream job. With this, you may want to go the extra mile and attend a higher education institution in the United States. After all, the United States is home to some of the most prestigious colleges and universities worldwide. But before you get too ahead of yourself, you must remember that you need a certain visa to reside legally in the country while getting this education. Namely, you need an F-1 visa. With that being said, read on to discover the eligibility requirements for a student visa and how one of the seasoned Wisconsin immigration attorneys at Sesini Law Group, S.C. can help you through every step of the application process.

What are the eligibility requirements for a student visa?

The first step toward becoming eligible for a student visa is to be accepted into a course of study at a Student and Exchange Visitor Program (SEVP) approved school in the United States. It is worth mentioning that SEVP-approved schools extend far beyond colleges and universities. That is, they also include private elementary schools, high schools, seminaries, conservatories, or language programs. You may be interested in looking into this if you want your siblings or other close family members to apply alongside you.

Once you receive your acceptance letter, you may want to confirm that you meet the rest of the eligibility requirements, which read as follows:

• You must be living outside the United States when you initially apply.
• You must be enrolled as a full-time student at the SEVP-approved school.
• You must be proficient in English and be enrolled in an English proficiency course.
• You must have sufficient funds to support your attendance at the SEVP-approved school.
• You must have an intent to return to your home country after finishing your studies at the SEVP-approved school.

What is the general process for applying for a student visa?

Once you confirm that you are undoubtedly eligible for a student visa, you may proceed with your application. Firstly, soon after you enroll at an SEVP-approved school, they may add you to their Student and Exchange Visitor Information System (SEVIS). And then when you register with SEVIS, they may expect you to pay the I-901 SEVIS fee. As of recently, this fee is set at $350.

Secondly, your school may issue you a Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. Next, a United States embassy or consulate may have you complete and submit Form DS-160, Online Nonimmigrant Visa Application. The last and final step may be to attend a visa interview with a United States embassy or consulate.

We understand just how complicated this application process can be, especially as a student. At any rate, please contact one of the competent Wisconsin immigration attorneys today. We, at Sesini Law Group, S.C., look forward to your phone call.

Read More

It may be a scary day when you or a loved one is detained by the United States Bureau of Immigration and Customs Enforcement (ICE). However, you may be able to get yourself or your loved one temporarily out of this situation if a judge posts an immigration bail bond. With that being said, please follow along to find out more about an immigration bond and how a proficient removal & deportation defense lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you obtain one.

What should I know about an immigration bond?

Essentially, an immigration bond is a legal option to discharge an individual who is in custody for immigration detention. Further, it is the amount of money an individual owes to the United States Department of Homeland Security (DHS). It ensures that, once discharged, they will still appear in court for all their future legal hearings and ICE check-ins. In other words, paying this bond does not mean their pending charges will be erased. Rather, it simply allows them to leave jail while their legal case is still processing.

The lowest possible bond that may be posted is $1,500, by law. But you must understand there is no legal limit, so this number may go as high as tens of thousands of dollars. In the end, ICE may decide on this amount based on the following circumstances:

• Whether or not you have family in the United States.
• Whether or not you have a prior criminal history in the United States.
• Whether or not you have a valid immigration status in the United States.
• Whether or not you participate in gainful employment activity in the United States.

Of note, if you cannot afford the bond set by ICE, you may petition for an immigration judge to lower it. But with this, you may risk a judge raising the bond, or worse, ordering your detainment without a bond option.

How do I go about getting an immigration bond?

Sadly, not every individual in custody for immigration detention may be eligible for an immigration bond option. That is, you may be expected to attend a bond hearing and appear in front of an immigration judge. Here, a judge may look into the following factors and if they apply to you and your case:

• Whether or not you can be trusted to stay put while your legal case is still processing.
• Whether or not you will likely be a danger to the community while you are temporarily released.
• Whether or not you will likely receive a favorable outcome in your upcoming legal case.

Contact a talented family immigration lawyer in Milwaukee, WI to gain the emotional and legal support you require during this pivotal time. Our team at Sesini Law Group, S.C. looks forward to helping you.

Read More

The longevity of your work permit, otherwise known as your Employment Authorization Document, may depend on your current immigration status or what type of visa you currently hold. But generally speaking, it may last for up to one year. And ultimately, it cannot last longer than the time you are allowed to stay in the United States. This is all to say that you must stay on top of the work permit renewal process if you wish to remain lawfully in the country. So please continue reading to learn how to renew your work permit and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you do so legally.

What should I do to renew my work permit?

Simply put, to renew your work permit, you must file a new Form I-765, Application for Employment Authorization, with the United States Citizenship and Immigration Services. With this, you must pay a $470 renewal fee if you apply online or a $520 renewal fee if you apply by mail. This is unless you have successfully applied for a fee waiver beforehand. Either way, you may be expected to supplement your application with the same forms of evidence, such as the following:

• A copy of your existing Employment Authorization Document card.
• A copy of any Employment Authorization Document cards the USCIS has previously approved.
• A copy of your Form I-94, Arrival and Departure Record.
• A copy of your government-issued photo ID document(s).
• Two of your most recent passport-sized photos, alongside your passport.
• Any other relevant evidence of your current and valid immigration status.

What should I do if my work permit has already expired?

It is in your best interest to begin the application process for renewing your work permit six months before it is set to expire. This is because it may take the USCIS, on average, three months to process your petition. And this does not account for the possibility of unexpected delays.

Overall, when your work permit expires, you must stop work immediately. You may even be in a situation where your work permit expiring means your lawful presence in the United States is ending. So you may have to leave the country immediately, as well.

All to say, please renew your work permit at your first possible opportunity, to reduce the risk of a gap in your employment authorization or legal standing in the United States. An unlawful presence in the country may cause you to be barred from reentering for three to 10 years.

So whenever you are ready, please get a hold of a skilled family immigration lawyer in Milwaukee, WI. Someone at Sesini Law Group, S.C. will be patiently awaiting your phone call.

Read More

You may be interested in undergoing the naturalization process if you have been a permanent resident in the United States for the last three to five years but wish to become an official citizen. Namely, you may look into Form N-400, Application for Naturalization. With that being said, one of the biggest requirements within the naturalization process is participating in and passing a citizenship test. So please continue reading to learn more about the United States citizenship test and how an experienced N-400 application lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you ace it.

What is the United States citizenship test?

The citizenship test is a verbal exam conducted by a United States Citizenship and Immigration Services (USCIS) officer as part of the naturalization interview process. This test is essentially made up of two parts: the English test and the civics test.

For one, the English test may examine your ability to read, write, and speak in the English language. Then, the civics test is meant to assess your knowledge of the United States history, government, geography, and the rights and responsibilities of its citizens. Six correct answers out of the 10 questions asked in this test is considered a passing grade. Of note, you must perform well in both parts, as you must pass both for even a chance at being granted citizenship at the end of this process.

What can I do to prepare for this test?

You may only be granted two chances to pass the United States citizenship test. So you must take it seriously from the beginning. This means you must start preparing for it as soon as you consider naturalization. Below are more specific examples of how you may ready yourself for this test ahead of time:

• To prepare for the English test, you may:
  • Read aloud to yourself in the English language.
  • Write notes to yourself in the English language.
  • Initiate frequent conversations with native English speakers.
  • Make flashcards of the possible test terms provided on the USCIS website.
• To prepare for the civics test, you may:
  • Make flashcards of the possible 100 test questions provided on the USCIS website.
  • Take the practice exams provided on the USCIS website that simulate the real test.
  • Make sure your flashcards and practice exams are written in the English language to simulate the real test.

Arguably the best way to study is with a partner. And we believe there is no better partner than a lawyer, who has helped immigrants through the naturalization process countless times before. So we strongly encourage you to retain the services of a skilled U.S. naturalization lawyer in Milwaukee, WI. You may do so by scheduling an initial consultation with Sesini Law Group, S.C. today.

Read More

After getting engaged to your foreign fiancé, you may be eager to start your lives together straightaway. However, they cannot move to the United States without getting approved for a fiancé visa, otherwise known as a K-1 visa. Even if they have a valid B-1, B-2, or ESTA visa to visit you in the meantime, they may face critical observations at the United States border for giving the impression of skirting the K-1 visa system. Without further ado, read on to discover how long the K-1 visa process takes and how a seasoned fiancé visa lawyer in Milwaukee, Wisconsin, at Sesini Law Group, S.C., can help you navigate through it as quickly as possible.

On average, how long does the K-1 visa process take?

As of July 2024, the average K-1 visa processing time was reported at three to six months. This countdown starts from the time you file Form I-129F, Petition for Alien Fiancé.

Of note, this processing time may vary from year to year depending on the number of applications, petitions, and requests the United States Citizenship and Immigration Services (USCIS) receives. The amount of K-1 visa applications submitted has dropped in the years following the COVID-19 pandemic. However, there still have been upwards of 31,000 applications submitted in these subsequent years for this visa type alone. With this, the USCIS may go through and accept a little over 60 percent of them.

Besides the COVID-19 pandemic, other catastrophic accidents beyond your reasonable control may make the K-1 visa process longer, like wars and natural disasters. What’s more, it may all depend on your fiancé’s country of origin.

What external factors may delay the K-1 visa process?

Understandably, you may want your K-1 visa processing time to take closer to the three-month mark, from start to finish. To make this more of a reality, you must avoid making any mistakes that may delay this already extensive process any further. Examples of mistakes to avoid read as follows:

• You must confirm that you and your fiancé meet the relationship requirements for the K-1 visa in the first place.
• You must not leave any section of your K-1 visa application blank, unclear, or filled with incorrect pieces of information.
• You must educate yourself on any of the USCIS’s operational and policy changes before submitting your K-1 visa application.
• You must not take too long to respond to any additional information requests from the USCIS to supplement your K-1 visa application.
• You must ensure your fiancé does not miss any appointments involved in the K-1 visa process (i.e., medical examination, visa interview, etc).

Now that you have this background knowledge, your next step should be to employ a competent family immigration lawyer in Milwaukee, WI to represent you. So contact us at Sesini Law Group, S.C.

Read More

When filling out your green card application, you may grow anxious when you reach the section dedicated to questions about your criminal history. This is specifically if you have been charged with a misdemeanor offense before. Well, please continue reading to learn if you can still get a green card after a misdemeanor on your criminal record and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you handle these charges.

Can I get a green card if I have a misdemeanor on my criminal record?

In short, having a misdemeanor on your criminal record may not automatically disqualify you from earning a green card. However, it may not necessarily make the process of obtaining one any easier for you. This is because the United States Citizenship and Immigration Services (USCIS) may not be exactly thrilled to learn that you have had run-ins with law enforcement in your home country, in the United States, or both places. This is especially true since so many people apply for green cards as it is, with strict annual caps imposed in each category. So the USCIS may sooner select an applicant with a clean background and no criminal history whatsoever.

What should I do if I am charged with a misdemeanor?

Unfortunately, you cannot change what has already happened in the past. So if you have ever been charged with a misdemeanor, you must, without a doubt, disclose this in your green card application. This disclosure should include details such as the time you were arrested and the crime you were charged with. This should be disclosed regardless of whether your charge was eventually dismissed or expunged from your permanent criminal record. A failure to disclose may be considered lying, which in and of itself may make you ineligible for a green card.

However, if you were recently accused of committing a misdemeanor, in the midst of filing your green card application, you must do everything in your power to fight for a not guilty verdict. This may be better accomplished by first hiring a seasoned criminal defense lawyer in your residential United States state or home country. This is because it may look better to the USCIS if you were found not guilty rather than guilty. Though, it may still be necessary to disclose your initial arrest and pending charges in your green card application, as this information may appear in the USCIS’s background check anyway.

We understand how anxious you may be about your criminal charge and your green card application alike. So please do not wait for another second. Retain the services of a skilled family immigration lawyer in Milwaukee, WI from Sesini Law Group, S.C. today. We look forward to working with you and taking on your case.

Read More

You may be thrilled that you have successfully undergone the United States immigration process and can now begin your life legally residing in the country. However, it is understandable if you experience feelings of homesickness, especially at the beginning of your stay. Or, you may experience feelings of guilt that your family members cannot have the same opportunities as you now have. This may especially ring true if you have always had a close bond with your sibling. Well, in this case, please read on to discover whether you can obtain a green card for your sibling and how a seasoned green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help bring them to reside with you in the United States.

Is it possible to obtain a green card for my sibling?

You may be happy to hear that it is very much possible for you to bring your sibling to the United States as a green card holder. Evidently, restrictions may apply. For starters, you must be a United States citizen, not just a lawful permanent resident. Then, you must be at least 21 years of age.

What’s more, your sibling may fall under the family preference category four. Unfortunately, this is the lowest recognized category, as the United States Citizenship and Immigration Services (USCIS) may consider them to be a non-immediate relative. This is all to say that it may take exceptionally long for your sibling to receive a green card to enter the country. On average, this waiting period is approximately 14 years. This is also due to the fact that they are subject to the USCIS annual cap. As of 2023, this cap was set at 226,000 green cards.

What is the process for bringing my sibling to the United States?

Even though bringing your sibling to the United States may be an extensive journey with its fair share of obstacles, this does not mean it is not worth the fight. We encourage you to fill out and file Form I-130, Petition for Alien Relative. However, you must be aware of the following things involved in this application process:

• You may be expected to pay a filing fee of $535.
• You may be expected to provide evidence that you are a United States citizen.
• You may be expected to provide evidence that you share at least one common parent with your sibling.
• You may be expected to provide extra proof if your sibling is adopted, is from a step-parent, or is a paternal half-sibling.
•  You may expect your sibling to be barred from entering the U.S. on a nonimmigrant visa when their application is pending.

At the end of the day, if you have any lingering doubts about the immigration process ahead of you and your sibling, a competent family immigration lawyer in Milwaukee, WI can help relieve them. So whenever you are ready to start, please reach out to Sesini Law Group, S.C.

Read More

The United States Citizenship and Immigration Services (USCIS) is very adamant about exclusively administering green cards to noncitizen spouses whose marriages with United States citizens are legitimate. At the beginning of your green card application process, you may have every intention of making your relationship work with your United States citizen spouse. However, we understand too well that sometimes your expectations for marriage and life in the United States may not meet your reality. With this, you may worry that your potential divorce may jeopardize your immigration status. In this case, follow along to find out what happens to your green card upon getting divorced and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help protect your status in the country.

What are the different types of marriage green cards?

First of all, if you are the noncitizen spouse of a United States citizen, you may apply for a permanent or conditional green card. A permanent green card may apply if you have been married for two years or more, while a conditional green card may apply if you have been married for two years or less. Additionally, a permanent green card may last for 10 years before you must renew it, while a conditional one may only last for two before you can apply for a permanent one.

What happens if I get divorced after getting green card status?

You may rest easier knowing that your getting divorced may not affect your ability to renew your permanent green card after 10 years. This is because your renewal application, Form I-90, Application to Replace Permanent Resident Card, may not ask you any questions regarding your current marital status.

What’s more, you may even submit a naturalization application, Form N-400, Application for Naturalization, while holding a permanent green card. However, you may have been granted a shorter waiting period of three years if you were still married. But if you have gotten divorced, you may have to hold your green card for five years before applying. So, if you finalize your divorce before the USCIS approves your naturalization application, you may have to withdraw it and wait to reach the five-year mark.

Now, it may be a different story if you get divorced with a conditional green card. This is because, usually, you and your spouse would have to file a joint application, Form I-751, Petition to Remove Conditions, to turn your green card into a permanent one. But if you have gotten divorced, you may have to request the USCIS to waive the joint filing requirement. With this, though, the USCIS may be led to question whether your marriage was legitimate to begin with.

We understand just how delicate this situation may be for you. If you need an emotional support system that doubles as a legal support system, look no further than Sesini Law Group, S.C. Retain the services of a talented family immigration lawyer in Milwaukee, WI today.

Read More

The United States Citizenship and Immigration Services (USCIS) offers many citizenship opportunities for foreigners interested in living and working in the country. The government agency is particularly interested in those who can use their specialty talents for the betterment of the United States economy. That is why there exists the EB-1 visa, otherwise known as the employment-based immigration first preference visa. Namely, within this visa type are the subcategories EB-1A, EB-1B, and EB-1C. Continue reading to learn more about the EB-1B visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help your application for one.

What is an EB-1B visa and how do I apply for one?

Simply put, an EB-1B visa is exclusively designated for foreigners who are considered to be outstanding professors and researchers. Specifically, there are strict eligibility criteria that must be met for this visa type, and they read as follows:

• The foreigner must demonstrate international recognition for their outstanding achievements in a particular academic field, such as:
  • They must have received major awards or prizes for achievements.
  • They must have had their work published in a professional publication written by others.
  • They must have been recognized as a judge of the work of others in their field.
• The foreigner must demonstrate at least three years of experience in teaching or researching in a particular academic field.
• The foreigner must demonstrate an intention to pursue tenure-track teaching or research at a university, institution of higher education, or private employer.

Therefore, if you believe you have the evidence to back up these eligibility criteria, you may proceed and ask your sponsoring United States employer to file Form I-140, Immigrant Petition for Alien Worker. Soon after, you may apply to adjust your status if you are already in the United States (i.e., Form I-485, Adjustment of Status Application) or apply using consular processing at a United States Embassy or Consulate if you are abroad (i.e., Form DS-160, Online Nonimmigrant Visa Application).

What are the other subcategories of the EB-1 visa?

To reiterate, the other subcategories within the EB-1 visa type besides EB-1B are EB-1A and EB-1C. For one, EB-1A is meant for foreigners who are considered to have an extraordinary ability in the sciences, arts, education, business, or athletics. Secondly, EB-1C is meant for certain foreigners who are considered to be multinational managers or executives. Nonetheless, the process for applying for these visas is similar to that for the EB-1B.

In conclusion, if you still need a nudge in the right direction, you should feel comfortable turning to one of the skilled Wisconsin immigration attorneys. With that being said, do not hesitate to get in touch with Sesini Law Group, S.C.

Read More

If you are a non-citizen of the United States engaged to a citizen, it may not be as easy as packing up your things, moving in with them, and starting your lives together straightaway. That is, there is a certain sequence of steps to be considered legally married and subsequently legally reside with your partner in the United States. This is more formally known as the K-1 visa, fiancé non-immigrant visa process. Follow along to find out the steps involved in the K-1 visa process and how a proficient fiancé visa lawyer in Milwaukee, Wisconsin, at Sesini Law Group, S.C., can guide you through each one.

What Is a K-1 Fiancé (e) Visa?

A K-1 visa is a non-immigrant visa intended for use by a foreign fiancé (e) of a United States citizen. The purpose of this visa is for the foreign fiancé to enter the United States so they can get married. 

It’s important to understand that:

• This is only available for couples in which one partner is a United States citizen
• The couple must marry within 90 days of the foreign fiancé(e)’s entry into the country
• This visa is only valid for one entry
• Once married, the foreign fiancé(e) must apply for permanent residency

Who Is Eligible for a K-1 Visa?

It’s important to understand that, in order to be eligible for this type of visa, both partners must meet specific requirements. 

Eligibility Requirements

As such, the United States Bureau of Citizenship and Immigration Services (USCIS) enforces the following strict qualification criteria:

• The foreign fiancé (e) must live outside of the U.S. at the time of filing
• The U.S. petitioner must be a citizen (not a green card holder)
• The couple must have met in person at least once within the two years before filing
• Both parties must be legally free to marry
• The relationship is bona fide and not based on immigration purposes

What Are The Steps Involved In The K-1 Visa Process?

The ultimate goal of the K-1 visa process is to travel to the United States to marry your citizen fiancé within 90 days of arrival. However, there are several steps you must complete before reaching this point of opportunity. This may start with proving that you both meet the qualification criteria above. The rest reads as follows:

Step 1. File Form I-129F(Petition for Alien Fiancé)

Generally, the first step in the process of seeking a K-1 visa is for the U.S. citizen spouse to file Form I-129F, Petition for Alien Fiancé. This establishes the legitimacy of the relationship through evidence like photos, texts, and travel records.

Step 2. Case Transfer to the National Visa Center

If Form I-129 is approved by USCIS, it will be transferred to the National Visa Center (NVC), where it will then be assigned to a U.S. embassy or consulate overseas. 

Step 3. Filing Form DS-160 

Once the visa is transferred to the NVC and reaches the appropriate consulate, the foreign fiancé will complete Form DS-160, the Online Non-Immigrant Visa Application.

Step 4. Prepare for the Interview

It’s important to begin gathering important documents and reviewing your information prior to your visa interview. This can help ensure that your answers match the information you provided to avoid potentially jeopardizing your case.

Step 5. Medical Examination

Prior to your interview, you must undergo a medical examination with an approved medical provider. This ensures you are in good health and have received all required vaccinations.

Step 6. Consular Interview

Once you have completed the necessary medical examination, you can attend the interview at your local U.S. consulate or embassy. The primary focus of this interview is to ensure that your marriage is legitimate. As such, you can expect to answer questions about your relationship with your partner, wedding details, and even their family members. 

Step 7. Entry to the United States and Marriage

If you are issued a visa, you must enter the United States before the document expires. Once in the country, you must get married within 90 days of entry; otherwise, your lawful status in the country will expire, and you must redo the entire process. 

How Long Does the K-1 Visa Process Take?

Unfortunately, you’ll find that processing times to obtain this type of visa can vary based on a number of circumstances, like processing time and interview availability. However, in general, most applicants find that this process takes between 12 and 18 months to complete. 

What Happens After Marriage on a K-1 Visa?

When you are issued a K-1 visa, you may feel as though a significant weight has lifted from your shoulders. However, it’s important to understand what you must do after you and your spouse marry. These steps include:

• Filing Form I-485 (Adjustment of status)
• Filing Form I-864 (Affidavit of Support)
• Applying for work authorization
• Applying for travel permission
• Attending a green card interview

You should note that, in general, when you obtain a green card through marriage, it is technically a conditional green card. As such, you’ll need to apply, with your spouse, to have the conditions removed after two years. Once these conditions are removed, you will receive a standard, ten-year green card.

Contact Our Milwaukee Immigration Law Firm Today

If you and your spouse are ready to tie the knot in Milwaukee or the surrounding metropolitan area, but you are worried about the immigration process, working with the team at Sesni Law Group, P.C. is in your best interest. We understand how complex this process can be to navigate, which is why we will do everything in our power to help guide you through these matters. Connect with us today to learn more.

Read More

You may continue living in the United States while your Form I-485, Application to Register Permanent Residence or Adjust Status, is pending. Or, in other words, while you are waiting to receive your green card. However, during this waiting period, you may be restricted from traveling in and out of the United States. Follow along to find out whether you can travel without a green card and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can work to ensure you do not jeopardize your immigration status in any way.

Am I allowed to travel without a green card?

It is highly advised that you do not plan to travel in and out of the United States without possessing a valid green card. Specifically, you must physically possess Form I-551, Permanent Resident Card. This is because this form may serve as valid identifying documentation and proof that you can live and work in the United States. Therefore, it may allow you to re-enter the United States. Otherwise, you may encounter issues at immigration checkpoints upon your return. In a worst-case scenario, you may be denied re-entry into the country altogether.

On the other hand, say that you possess a temporary visa type (i.e., F-1, H-1B, B-2 visas, etc). With this, you must be versed on your specific visa’s travel restrictions before traveling in and out of the United States. If you violate any of these guidelines, you may have your visa revoked; you may be denied re-entry into the country; or you may be denied any future visas.

Under what circumstances may I be eligible for advanced parole?

One of the only conditions under which you may be allowed to travel in and out of the United States without a green card is if you qualify for advance parole. Essentially, advance parole may grant you temporary permission to travel back to the United States without having to apply for a visa first or otherwise jeopardizing your immigration status. Rest assured, an airline may accept your advance parole document instead of your visa as proof that you are authorized to re-enter the country. Of note, this document cannot replace your passport.

Without further ado, you may be eligible for advanced parole under any of the following circumstances:

• You are a recipient of Deferred Action for Childhood Arrivals (DACA).
• You are a recipient of Temporary Protected Status (TPS).
• You are a T or U visa holder (i.e., a victim of human trafficking or another crime).
• You have already petitioned for a green card and your application is pending.

In conclusion, there is no better time than the present to act. So please reach out to a talented family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C., at your earliest possible convenience.

Read More

Serving in the United States military is one of the most highly respected things you can do for the country. With this in mind, you may wonder if becoming a member of the armed forces grants you easier or expedited access to the green card you have been vying for. Well, continue reading to learn whether you can obtain a green card by joining the military and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help make this happen.

Can I obtain a green card by joining the military?

In short, it is possible to obtain a green card as a foreign national who joins the United States military. Further, the Immigration and Nationality Act may allow you to go as far as obtaining naturalized United States citizenship without going through the usual preliminary steps. Of note, any other circumstances make it almost always impossible to accomplish this without first holding a green card for several years.

How long must I serve in the military during peacetime before obtaining a green card?

You must understand that the United States Citizenship and Immigration Services (USCIS) may not issue you a green card if you simply promise your intent to enlist in the military. Rather, you must actively serve for a specified timeframe. This specified timeframe may be dependent on whether you actively served during peacetime or wartime.

On the one hand, you must serve at least one year during peacetime before getting a green card and subsequently qualifying for United States citizenship. To reiterate, thanks to the INA, you do not have to wait and hold a green card for the standard five years before applying for United States citizenship via Form N-400, Application for Naturalization. What’s more, you may not be expected to pay the application fee. But you may be expected to file Form N-426, Request for Certification of Military or Naval Service.

Lastly, it is worth mentioning that if you have been discharged, it must have been for honorable reasons. Plus, you may only have six months from your discharge date to file your Form N-400. Otherwise, you may just have to wait the standard five years before applying.

How long must I serve in the military during wartime before obtaining a green card?

On the other hand, you may only have had to serve one day during wartime before getting a green card and subsequently qualifying for United States citizenship. With this, you may not be held to the standard requirements for age, length of time as a permanent resident living in the United States, etc. However, you may still be required to read, write, and speak English, be of good moral character, etc.

Deciding to serve in the United States military is a serious sacrifice that should not be taken lightly. That is, you should go into it for the right reasons. We understand just how much this decision can weigh heavily on your heart. So if you have any further questions or concerns, please do not hesitate to contact a skilled family immigration lawyer in Milwaukee, WI. Schedule your initial consultation with Sesini Law Group, S.C. today.

Read More

You may have put so much time and effort toward the naturalization process so that you could finally receive the status of a United States citizen. So the last thing you may want is for all this to be thrown away at a moment’s notice. In other words, you may not want to make any mistakes that may jeopardize your entitlement to holding United States citizenship. Read on to discover whether it is possible for my citizenship to be revoked and how a seasoned US naturalization lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you avoid this worst-case scenario at all costs.

Is it possible for my United States citizenship to be revoked?

As per the 14th Amendment of the United States Constitution, the federal government cannot revoke the citizenship status of a naturally-born United States citizen. However, if you are a naturalized United States citizen, it is rare but still very much possible to be stripped of this status. This act may be summed up using one term: denaturalization. Without further ado, below are examples of grounds for denaturalization:

• The United States Citizenship and Immigration Services (USCIS) may have realized that you lied during your naturalization process to gain citizenship.
• You may have violated your duty to testify before a United States congressional committee investigating your alleged involvement in a subversive act.
• You may have joined a subversive organization within five years of becoming a naturalized United States citizen.
• You may have been dishonorably discharged from the United States Armed Forces before serving five years.

What measures should I take to keep my citizenship status?

Your revoked naturalized United States citizenship status may immediately prompt the United States Immigration and Customs Enforcement (ICE) to deport you from the country. To avoid this interaction with the United States ICE altogether, you may want to appeal this decision. With this, appeal it may be in your best interest to build off of any one of the following arguments:

• You may want to argue that the lower court made a legal error during its decision process.
• You may want to argue that there was insufficient evidence to support the claims made against you.
• You may want to argue that the claims made against you were based on wrong or fabricated information.
• You may want to argue that the statute of limitations for making such claims against you has already expired.
• You may want to argue that you never concealed any relevant facts during your naturalization process or from the government as a whole.

When in doubt, someone at Sesini Law Group, S.C. is willing to look at your case. So please retain the services of a competent US naturalization lawyer in Milwaukee, WI today.

Read More

It may be your lifelong dream to reside in the United States of America. But you may deem this dream not worth executing if it means that you must separate from your children. Well, you may rest easier knowing that the United States Citizenship and Immigration Services (USCIS) have implemented laws that may help keep your family together. Namely, there is the Child Citizenship Act of 2000. Continue reading to learn how the Child Citizenship Act may impact immigrant family units and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help apply this to your child.

What is the Child Citizenship Act of 2000?

As the name suggests, the Child Citizenship Act of 2000 is a federal law that concerns the acquisition of citizenship by foreign-born, biological, and adopted children of United States citizens. More specifically, this Act applies to children who did not acquire United States citizenship at birth, but still meet other requirements before they turn 18. These other requirements read as follows:

• A child must have at least one parent who is a United States citizen by birth or naturalization.
• A child must be admitted to the United States as an immigrant for lawful permanent residence.
• A child must reside in the United States in the legal and physical custody of the parent with citizenship.
• If applicable, a child’s adoption must be legally complete and fully recognized by the United States state where they reside.

With that being said, a child younger than 18 on February 27, 2001 (i.e., born on or after February 28, 1983) may automatically acquire United States citizenship if they also meet the requirements above.

How does the Child Citizenship Act impact immigrant family units?

Essentially, the Child Citizenship Act aims to reunify children with their parents and prevent them from being unnecessarily separated in the first place. This may be accomplished by the numerous provisions set out in the Act.

For example, one provision states that a lawful permanent resident may reclassify their spouse, children, and their spouse’s children as immediate relatives. On top of this, an increase has been placed on the per-country annual caps for such family-sponsored immigrant visas. This is all to get an immigrant family unit to reunify sooner rather than later.

Secondly, another provision states that the definition of a “child” in immigration law may be extended to the “permanent partners” of children (i.e., through marriages and legal partnerships alike). Again, this is so a child of a United States citizen does not have to leave behind their partner in their home country.

This is just the tip of the iceberg of how this Act can benefit your child. So if you require immediate legal representation, look no further than a skilled family immigration lawyer in Milwaukee, WI. Someone at Sesini Law Group, S.C. will be happy to serve you.

Read More

The United States Citizenship and Immigration Services (USCIS) offers varying family-based green cards. For one, there are preference relative visas designated for certain family members of United States citizens based on the specific relationship they share. Within this category, there are F-2A, F-2B, F-3, and F-4 visas. Continue reading to learn who is eligible for an F-3 visa and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you determine whether this visa type applies to you.

What is an F-3 visa and am I eligible for one?

Essentially, an F-3 visa, Third Category Visa, is a family-based green card designated for married children of United States citizens at least 21 years of age. With this, an applicant must prove their parent is a United States citizen via their parent’s birth certificate or other relevant documentation. Then. they must prove they are older than 21 via their birth certificate or other relevant documentation. Lastly, they must prove they are married via their marriage certificate or other relevant documentation.

Of note, these are different eligibility criteria than those for an F-2A visa, designated for spouses and unmarried minor children of United States lawful permanent residents. Or, an F-2B visa for unmarried adult children of United States green card holders. Or, an F-4 visa for siblings, spouses, and unmarried minor children of United States citizens.

What are the steps toward obtaining an F-3 visa?

Once you confirm you are qualified for an F-3 visa, you must take the proper steps toward obtaining one. That is, the application process for this visa type generally goes as follows:

1. You must have your sponsor fill out and file Form I-130, Petition for Alien Relative.
2. You must wait for the USCIS to process the form and send it to the National Visa Center (NVC).
3. You must wait for an application spot to open to fill out and file Form DS-260, Immigrant Visa Electronic Application.
4. You must attend the required medical examination and accept the required vaccinations to be able to enter the country.
5. You must gather the documents required to present in your upcoming, scheduled visa interview with a USCIS official.
6. You must attend your visa interview punctually and answer any and all questions a USCIS official throws your way truthfully.
7. You must wait for a notice from the NVC regarding your approval or denial of an F-3 visa and subsequent travel to the United States.

In conclusion, you must be mindful of each move you make in the F-3 visa application process. So if you are still unsure of your next move, resort to a skilled family immigration lawyer in Milwaukee, WI. Someone at Sesni Law Group, S.C. will know exactly what legal option works in your best interest. Call our office today.

Read More

The United States Citizenship and Immigration Services (USCIS) offers temporary worker visas for many professions. Namely, it even offers religious workers a temporary stay in the country. Read on to discover more about the R-1 visa and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you obtain one.

What is an R-1 visa and how does it work?

Essentially, an R-1 visa is a type of non-immigrant worker visa exclusive to ministers and non-ministers in religious vocations or occupations. This visa type is supposed to allow these individuals to travel and temporarily stay in the United States to perform their religious work.

As far as specific requirements for an R-1 visa, eligible individuals must work at least part-time for their religious employer (i.e., an average of 20 hours per week). What’s more, these individuals must be employed at a non-profit religious organization; a non-profit organization affiliated with a religious denomination; or a religious organization authorized for a group tax exemption; and the like. Further, the individuals must have been a member of the religious denomination associated with the bona fide non-profit religious organization for at least two years immediately before applying for this visa type.

Therefore, if you believe that you meet all the aforementioned eligibility requirements for this visa type, you may apply for it via Form I-129, Petition for Nonimmigrant Worker.

How long can I stay in the United States with this visa type?

To reiterate, an R-1 visa is a temporary work visa. This means that if you eventually obtain this visa type, you may only have a limited time to spend within the country’s borders.

Specifically, with an R-1 visa, the USCIS may grant you an initial period of admission for up to 30 months (i.e., two and a half years). Then, it may grant you subsequent extensions of admission for up to an additional 30 months. Put simply, your total period of stay within the United States with an R-1 visa cannot exceed 60 months (i.e., five years). Of note, only if you are physically present within the country’s borders while holding an R-1 visa will a month be counted toward your 60-month limit.

With all that being said, it is worth mentioning that your future immigration benefits and opportunities may be stripped whether you intentionally or accidentally overstay your welcome this time around. This is to say that you must file a new Form I-129, Petition for Nonimmigrant Worker, well before your initial 30-month period of admission is set to expire.

In conclusion, you must not begin your application process without first retaining legal representation from a competent work authorization permit lawyer in Milwaukee, WI. Contact our firm, Sesini Law Group, S.C., today.

Read More

From across the globe, United States citizenship is one of the most highly desired immigration statuses to have, and understandably so. While you may not have been born a United States citizen, you may still be able to acquire this status by applying for naturalization with the United States Citizenship and Immigration Services (USCIS). Follow along to find out how you can become a naturalized citizen and how a proficient N-400 application lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can lead you every step of the way.

How can I determine that I am not already a United States citizen?

Before you go through the lengthy process of filling out and submitting Form N-400, Application for Naturalization, you should double-check that you do not already hold United States citizenship status. Without further ado, you are indeed a United States citizen under any of the following circumstances:

• You were born in the United States or one of its territories.
• You were born in an international country but to United States citizens.
• You were adopted by a parent or parents who were already United States citizens.
• You were under the age of 18 years old when one or both of your parents became naturalized citizens of the United States.

Then, you must confirm that you qualify for United States naturalization. The qualifications for this are that you must be 18 years old or older; a permanent resident for five years or three years if you are married to a citizen; and more.

How can I become a naturalized United States citizen?

Once you guarantee that you qualify for the naturalization process to become a United States citizen, you may proceed with Form N-400. Specifically, the steps for Form N-400 may read as follows:

1. You must create an account with the USCIS to access Form N-400.
2. You must fill out all required entries within N-400 accurately and to completion.
3. You must take two passport-style photos to supplement your Form N-400, if you reside outside of the United States.
4. You must file all other documentation required to support your Form N-400 (i.e., proof of identity, marital status, military service, etc).
5. You must submit your payment of the required filing fee (i.e., $760 as of 2024) and biometric fee (i.e., $85 as of 2024) for your Form N-400.
6. You must attend the biometrics appointment (i.e., get fingerprinted and photographed), if the USCIS requires this for your Form N-400.
7. You must attend the interview the USCIS schedules for you, to finally determine whether your Form N-400 is accepted or rejected.

This is all to say you must deeply reflect on the gravity of the matter at hand. Once you do, you must drop everything and reach out to a talented US naturalization lawyer in Milwaukee, WI, at Sesini Law Group, S.C.

Read More

Recently, the Biden-Harris Administration announced an executive action set to bar migrants, who cross over the southern border unlawfully, from receiving asylum in our country. This was to secure our country’s southern border. However, at the same time, the Administration understands how it is equally important to keep mixed-status families living in the United States together. So, on June 18, 2024, President Joe Biden announced a new action to better protect these American families. Read on to discover more about the newest action to keep immigrant families together and how a seasoned family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you better understand what this means for you and your family.

What is the Biden-Harris Administration’s newest action to keep immigrant families together?

In simple terms, the Biden-Harris Administration’s newest action holds that the United States Department of Homeland Security (DHS) must begin taking initiatives to ensure that United States citizens with noncitizen spouses and children can stay together.

Specifically, this may be accomplished by helping facilitate the lawful permanent residence application process for noncitizen spouses and children. Of note, this is a status that noncitizen spouses and children may already be eligible for; but now, they may not be expected to leave the country during the application process. Further, eligible noncitizen spouses and children must have resided in the United States for 10 or more years, as of June 17, 2024. This is in addition to satisfying all other applicable legal requirements.

What does this newest action do to help college graduates and “Dreamers”?

The Biden-Harris Administration hopes that giving noncitizen spouses and children lawful permanent resident status may also have the bonus of strengthening the county’s economy. Well, the second part of this newest action, to ease the visa process for United States college graduates and “Dreamers,” shares a similar goal.

That is, the Administration simultaneously announced that individuals who have earned a degree at an accredited United States institution of higher education in the United States, and who have received an employment offer from a United States employer in a related field, may receive a work visa at an expedited pace. That is, by helping facilitate the work authorization application process.

Importantly, these individuals may also include Deferred Action for Childhood Arrivals (DACA) recipients and other Dreamers. Again, the hope is that these individuals may use the skills and expertise, which they received in our country in the first place, to then benefit our country.

This is all to say that now is a better time than ever to apply for lawful permanent residence or work authorization. In conclusion, there is no need to second-guess your decision to retain the services of a competent family immigration lawyer in Milwaukee, WI. This is because we guarantee that someone at Sesini Law Group, S.C. will know how to guide you through every step of the way.

Read More

The Biden-Harris Administration has continually taken action toward securing our country’s border. But the most recent action may significantly change our immigration system as we know it. Follow along to find out what this new action entails and how a proficient family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help you better understand how this may affect you.

What should I know about the Biden-Harris Administration’s new actions to secure the border?

On June 4, 2024, President Joe Biden announced an executive action set to bar migrants, who cross over the southern border unlawfully, from receiving asylum in our country. Of note, this action was issued under Immigration and Nationality Act sections 212(f) and 215(a). It is accompanied by an interim final rule from the Departments of Justice and Homeland Security, which also bars asylum from these specific migrants.

Generally speaking, this action is supposed to be in effect whenever the encounters at the southern border are at such a high level that they exceed immigration officers’ capability to act productively. Essentially, this is all in an effort to relieve some of the burden carried by immigration officers on a daily basis.

On top of all this, this action may significantly increase the consequences for those who cross over the southern border unlawfully. Specifically, these individuals may find themselves subject to at least a five-year bar to reentry, along with the possibility of criminal prosecution.

What else does this executive action entail?

It must be emphasized that this action is not permanent. Rather, it may be discontinued when the level of migrants who cross over the southern border is low enough that the immigration officers can safely and effectively manage it on their own. What’s more, this action acknowledges humanitarian exceptions, such as children who cross over without being accompanied by an adult. Or, individuals who cross over who have previously been victims of severe forms of trafficking. Also excepted are lawful permanent residents or other noncitizens of the United States with a valid visa or other lawful permission to enter the country.

Moreover, this action may entail raising the standard used to screen for the protections mentioned above. That is, while this action is in effect, these individuals may only be referred for a credible fear screening with an asylum officer if they explicitly express a fear of returning to their home country (i.e., a fear of persecution or torture). In other words, those who articulate an intention to apply for asylum in the United States.

As you may have already concluded yourself, this is an impactful proclamation that may likely impact you and your family. This is to say that there may be no better time than now to seek legal counsel. So please pick up the phone and call a talented family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C. We look forward to hearing from you.

Read More

Like many others, it may be your dream to work, not to mention have a successful career, in the United States. Well, you may be happy to hear that there are many avenues to achieve this. That is, the United States Citizenship and Immigration Services (USCIS) offers several types of employment-based visas to interested foreigners. Meaning that your chances of qualifying for at least one is heightened. This blog will specifically focus on the employment-based third preference visa, more commonly referred to as the EB-3 visa. Read on to discover the eligibility criteria for an EB-3 visa and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help determine whether or not you qualify.

What is an EB-3 visa and what are its eligibility criteria?

Put in its simplest terms, an EB-3 visa is the third-preference category for employment-based permanent residency in the United States. Of note, there are three subcategories in which you may meet the eligibility criteria. The commonality amongst these three subcategories is the requirement of proving you perform a certain type of labor that is not readily available by workers already in the United States. Without further ado, they read as follows:

• A skilled worker; to qualify, you must:
  • Prove you possess at least two years of job experience, education, or training to meet certain requirements on a labor certification.
  • Prove you possess certain post-secondary education that may constitute training for certain requirements on a labor certification.
• A professional; to qualify, you must:
  • Prove you possess a United States baccalaureate or foreign equivalent degree to meet certain requirements on a labor certification.
  • Prove you possess any other requirements for a labor certification.
• An unskilled worker; to qualify, you must:
  • Prove you possess two years or less of job experience or training in a certain labor that is not of a temporary or seasonal nature.
  • Prove you possess any other requirements for a labor certification.

What are the other categories of employment-based visas?

To reiterate, an EB-3 visa is a third-preference visa. So this means that there is a first-preference and second-preference visa, namely an EB-1 visa and an EB-2 visa, respectively. Without further ado, the subcategories for both are as follows:

• Subcategories to qualify for an EB-1 visa:
  • You possess an extraordinary ability in the sciences, arts, education, business, or athletics.
  • You are an outstanding professor or researcher in a particular academic field.
  • You are a certain multinational manager or executive.
• Subcategories to qualify for an EB-2 visa:
  • You possess an advanced degree or its foreign equivalent.
  • You possess an exceptional ability in the sciences, arts, or business.

Understandably so, you may be uncertain which employment-based visa you qualify for, if any at all. If this is your case, what you need the most is likely solid legal advice from a competent work authorization permit lawyer in Milwaukee, WI. Someone at Sesini Law Group, S.C. is awaiting your phone call.

Read More

All those who apply for permanent resident status (i.e., a green card) in the United States must attend an interview with a United States Citizenship and Immigration (USCIS) officer. This is arguably the most pivotal part of your application process. That is, any misstep you make during your interview may prompt the USCIS officer to deny your petition outright. Basically, your future in this country may be in the hands of this officer. Continue reading to learn how to best prepare for your interview and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you practice.

How can I effectively prepare for my green card interview?

You cannot walk into your green card interview blind. Similar to having to study for an examination at school, you must do some reviewing before your interview date. This may entail looking over your application and all the supplemental documents you have submitted thus far. This is because you want your answers to the USCIS officer to align precisely with what you disclosed in these documents.

For example, you do not want your provided marriage and divorce decrees to show you were previously married for 10 years but tell the officer your marriage lasted 15 years. Or, you do not want to deny that you have ever visited the United States before but your provided copy of your passport proves otherwise. In either of these cases, the officer may grow suspicious of you. So if you have undergone actual changes since submitting your initial application, you must prepare to mention it to the officer straightaway and bring evidence that supports it.

What questions can a USCIS officer be expected to ask me in my interview?

While on the topic of honesty, you must answer the USCIS officer’s questions with nothing but the truth. This is regardless of whether the truth may paint you in a negative light, as the alternative of lying is a much more punishable offense. Understandably so, you may be nervous during your interview and stumble with some of your answers. But the best way to avoid this is to practice your answers beforehand. Without further ado, below are expected questions that you may practice answering:

• What countries have you traveled to before?
• What countries do you have a citizenship status in?
• What countries have you lived in for the past five years?
• Where and who have you worked for in the past five years?
• Have you ever been married and do you have any children?

To effectively prepare for these questions, you may have a skilled family immigration lawyer in Milwaukee, WI conduct a mock interview. In the end, you may rest easier knowing that our team can serve as your needed support system during this stressful time. So please call us at Sesini Law Group, S.C. today.

Read More

You may be relieved that the hard work you put into the immigration process has finally paid off and that you can now reap the benefits of being a United States green card holder. However, you cannot get too comfortable in this position, as your green card may be set to expire at some point in the foreseeable future. That is, you must take proactive steps well before this expiration date approaches. Continue reading to learn what to do if your green card is about to expire and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you renew it.

What is the expiration date on my green card?

Of note, green cards issued before 1989 do not have expiration dates. However, most green cards have an expiration date of 10 years from the date of issuance. Or, if you carry conditional permanent resident status, your green card may only be set to last for two years.

What should I do if my green card is about to expire?

You must keep an updated green card because this may be the only way to prove your legitimate permanent resident status in the United States. This is to say that an out-of-date green card may hinder your proof of your ability to travel to and from the United States and your eligibility to work in the country.

So, if the 10-year mark on your green card is rapidly approaching, you must begin to prepare Form I-90, Application to Replace Permanent Resident Card. Without further ado, listed below are the types of information the United States Citizenship and Immigration Services (USCIS) may expect you to include in this application:

• You must disclose your personal biographical information (i.e., name, date of birth, physical address, country of birth, etc).
• You must disclose where you initially filed for your green card (i.e., a United States embassy, United States consulate, or USCIS office).
• You must disclose whether you are a permanent resident, commuter, or conditional resident.
• You must include a copy of your green card that has expired or is set to expire in the next six months.
• You must include your payment of the required $465 filing fee.

It is worth mentioning that there is no limit to the amount of times you can renew your green card. However, instead of going through this process every 10 years and paying the filing fee each time, you may consider more sustainable options. For example, you may check your naturalization eligibility to see if you should apply to become a United States citizen instead.

To allow for the best outcome to be reached, you may retain the services of a skilled family immigration lawyer in Milwaukee, WI. Contact Sesini Law Group, S.C. today.

Read More

You may be eager to contribute to the United States workforce. However, you may be finding difficulty locating a United States employer who is able and willing to sponsor you for an employment-based visa. This is when petitioning for a national interest waiver may prove beneficial. Follow along to find out the function of the national interest waiver and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help you determine whether this application is worth it.

What is the USCIS’s purpose behind the national interest waiver?

In its simplest terms, a national interest waiver is a way to obtain an employment-based lawful permanent resident status without an employer sponsor. This waiver is specifically designated for those applying for an EB-2 visa, who usually need to undergo a labor certification process and fulfill a job offer requirement aligned with their advanced degree or exceptional ability. Those seeking this waiver may self-petition using Form I-140, Immigrant Petition for Alien Worker.

With that being said, this green card waiver may be relevant if you engage in a particular work that is of “national interest.” That is, if your work is deemed directly beneficial to the United States economy, education system, healthcare system, or any other aspect of American society. Ultimately, the United States Citizenship and Immigration Services (USCIS) may base your eligibility on the following factors:

• Whether or not your proposed work endeavor has substantial merit and national importance.
• Whether or not you are well positioned to carry out the proposed work endeavor.
• Whether or not the United States would benefit from waiving the labor certification process and the job offer requirement.

What should I consider before applying for this waiver?

On its surface, it may seem like a no-brainer to proceed with the national interest waiver. However, this waiver may not be adaptable to every applicant’s unique set of circumstances. Without further ado, below are the advantages and disadvantages that you must carefully consider:

• Advantages of a national interest waiver:
  • You may save time, money, and effort by skipping the labor certification process.
  • You may have the flexibility of starting your own company in the United States.
  • You may have the flexibility of changing United States employment in the near future.
  • You may extend your H-1B status beyond the six-year limit if you do not receive this green card on time, if applicable.
• Disadvantages of a national interest waiver:
  • You may have a less predictable outcome than if you underwent the labor certification process.
  • You may have to prepare significantly more documentation to supplement this waiver.
  • You may have to undergo a longer premium processing timeline for this waiver.

In a way, the best thing you can do to help yourself is to let a talented adjustment of status immigration attorney in WI help you. So please, as soon as you are ready, get in touch with us at Sesini Law Group, S.C.

Read More

You must understand that the United States Citizenship and Immigration Services (USCIS) places an annual limit on the number of green cards they can and will administer. So, in conjunction with the United States Department of State, the USCIS publishes a monthly visa bulletin so that applicants may anticipate the potential wait time for adjusting their status, if any at all. Follow along to find out the purpose of the visa bulletin and how a proficient adjustment of status – immigration attorney in WI, at Sesini Law Group, S.C., can help you better decipher what it means to you.

What is the purpose of the visa bulletin?

Firstly, the 2024 cap on green card availability is 366,000. This total is broken down into a complex category system. But generally speaking, family-based green cards are allotted 226,000 while employment-based green cards are allotted 140,000.

With that being said, the visa bulletin is particularly useful for applicants waiting to file for family-sponsored preference or employment-based adjustment of status. With this, the bulletin discloses which green card applicants may move forward that month. All the while, it discloses approximately how long it may take until applicants retrieve their green card. Essentially, it allows applicants to track their place in line, so to speak.

How do I properly read the visa bulletin?

Of note, the caps and timelines for family-sponsored preference and employment-based adjustment of status visas are broken down into four main categories. So, you must first understand which category you fall under, then decipher your chances of receiving a green card and your waiting period. Without further ado, as of April 2024, the visa bulletin reads as follows:

• Family-sponsored preference adjustment of status:
  • First preference (F1): the cap for this category is 23,400 green cards per year and the priority date is February 8, 2015.
  • F2A and F2B: the caps are 87,934 and 26,266 and the priority dates are September 8, 2020, and November 22, 2015, respectively.
  • F3: the cap is 23,400 per year and the priority date is October 1, 2009.
  • F4: the cap is 65,000 per year and the priority date is June 8, 2007.
• Employment-based adjustment of status:
  • First preference: the cap for this category is approximately 40,040 green cards per year and the priority date is current.
  • Second: the cap is approximately 40,040 per year and the priority date is January 15, 2023.
  • Third: the cap is approximately 40,040 per year and the priority date is November 22, 2022.
  • Fourth: the cap is approximately 9,940 per year and the priority date is November 1, 2020.

You must understand that these caps and priority dates may not apply to applicants from China (i.e., mainland-born), India, Mexico, and the Philippines. There are many other things just like this that you must know about the visa bulletin. So in conclusion, there is no time like the present to begin the process of adjusting your status. At your earliest possible convenience, please get in touch with a talented family immigration lawyer in Milwaukee, WI from Sesini Law Group, S.C.

Read More

You may have been granted an F1 student visa to attend school in the United States. While this is an amazing opportunity, you may be hesitant to seize it if you do not want to leave your loved ones behind for the foreseeable future. However, they may be lucky enough to be afforded the option of joining you with an F2 dependent visa. Continue reading to learn who is eligible to enter the United States alongside you with an F2 visa and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you and your loved ones better understand these guidelines.

Who is eligible to enter the United States with an F2 visa?

In its simplest terms, an F2 visa is a type of nonimmigrant temporary permit designated for the immediate family of F1 student visa holders. More specifically, the United States Citizenship and Immigration Services (USCIS) may consider your immediate family to be your dependent spouse or your unmarried children who are under the age of 21 and who are not living an independent life.

For this to work, you and your dependents must file Form I-20A-B, Certificate of Eligibility for Non-Immigrant Student Status. If you apply at a United States Consulate, you must also file Form DS-160, Non-Immigrant Visa Application. Personally, you must file relevant, supporting documentation of your ability to support your dependents during your stay; namely, your financial records. On top of this, your dependents must file relevant, supporting documentation of their relationship with you; namely, their marriage or birth certificate.

It is worth mentioning that getting your dependents to join you in the United States may be expedited, or may even happen in synchrony with you, if you file your petitions together.

What are the restrictions placed on an F2 visa holder?

You must understand that the rights of a F2 visa holder may be limited. For example, if your spouse is granted this status, they may be restricted from obtaining paid employment or pursuing an education during their stay in the United States. They may be limited to non-vocational or recreational courses of study. This may be a major reason you must supply proof of your ability to support your dependent spouse during their stay.

On the other hand, your dependent children may be able to pursue full-time elementary or secondary school education during their stay in the United States. However, once your course of study reaches an end and your F1 visa reaches its expiration date, your dependent children must stop their United States schooling and leave with you.

Rest assured, our team at Sesini Law Group, S.C. has experience in handling cases just like yours. So please do not be afraid to reach out to a skilled family immigration lawyer in Milwaukee, WI.

Read More

There are two methods for obtaining permanent resident status in the United States, as recognized by the United States Citizenship and Immigration Services (USCIS). One is by applying for an adjustment of status. The other is by undergoing consular processing. Read on to discover the difference between the two and how a seasoned adjustment of status – immigration attorney in WI, at the Sesini Law Group, S.C., can help you decipher which path better suits your circumstances.

What does it mean to get an adjustment of status?

As the name suggests, an adjustment of status means that a “noncitizen” is petitioning to change their standing in the United States to a “lawful permanent resident.” This is otherwise known as the process of applying for a green card. Of note, you may be eligible for a green card through family or employment or as a special immigrant, refugee, or asylee, among other categories. Regardless, obtaining a green card starts with Form I-485, Application to Register Permanent Residence or Adjust Status.

How is an adjustment of status different from consular processing?

Similar to an adjustment of status, consular processing is a way to obtain “lawful permanent resident” status in the United States via a green card application. However, this is specifically relevant if you are the beneficiary of an approved immigrant petition and have an immigrant visa number immediately available. With this, you may file Form I-130, Petition for Alien Relative, Form I-140, Petition for Alien Worker, or a form for a specialty category.

Overall, the main difference between the two is that you may apply for an adjustment of status while you are still present in the United States. On the other hand, you may apply for consular processing at the United States Department of State consulate in your country of current residence or your country of birth. This is to say that your preference for which path to choose may be dependent on your current residence. Otherwise, below is a short list of advantages and disadvantages for each path:

• Advantages of consular processing versus adjustment of status:
  • This process may be cheaper (i.e., no fee to $345 fee versus a $1,140 fee).
  • This process may be quicker from start to finish (i.e., five to 13 months versus 12 to 24 months).
  • This process may not require a physical examination specifically from a USCIS-approved United States physician.
• Disadvantages of consular processing versus adjustment of status:
  • This process does not offer you the benefits of a work permit or advance parole.
  • This process may bar your lawyer from attending your mandatory interview alongside you.
  • This process may require you to obtain police certificates from each country you have lived in for one year or more.

Regardless of which path you choose, you must hire a competent consular processing immigration visa lawyer in WI from the Sesini Law Group, P.C.

Read More

If you wish to be lawfully permitted into the United States, you may effectively achieve this by expressing your interest in serving in the American workforce. In other words, you may apply for a work authorization permit. But you may stand out even more if you express your extraordinary ability in a certain field. Specifically, you may file an EB-1 visa, otherwise known as an employment-based, first-preference visa. Read on to discover how to apply for an EB-1 visa and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can ensure you do so correctly.

How do I know if I qualify to apply for an EB-1 visa?

Before all else, you must understand which individuals the EB-1 visa is designated for. Namely, this employment-based, first-preference visa type is set for noncitizens of the United States who have extraordinary abilities, are outstanding professors or researchers, or are certain multinational executives or managers. Therefore, you may apply for this visa type if you meet the eligibility requirements for any of the following categories:

• Noncitizens who have extraordinary abilities must:
  • You must meet three of the 10 criteria disclosed on the United States Citizenship and Immigration Services (USCIS) website.
  • You must demonstrate your extraordinary ability in the sciences, arts, education, business, or athletics.
  • You must provide evidence of a one-time achievement in your specific field.
  • You must provide evidence of your continuing work in your specific field.
• Noncitizens who are outstanding professors or researchers must:
  • You must meet two of the six criteria disclosed on the USCIS website.
  • You must demonstrate your intentional recognition for your outstanding achievements in your specific academic field.
  • You must provide evidence of at least three years of teaching or research in your specific academic field.
  • You must provide evidence of your tenure track for teaching or research in your specific academic field.
  • You must provide evidence of your job offer from a United States employer.
• Noncitizens who are multinational executives or managers must:
  • You must demonstrate your employment outside the United States for at least one year in the three years preceding your petition.
  • You must demonstrate your qualifying relationship with an entity that employed you abroad in an executive or managerial position.
  • You must provide evidence of your petitioning United States employer’s intention of employing you in an executive or managerial position.

How do I go about applying for an EB-1 visa?

Regardless of whether you have an extraordinary ability, are an outstanding professor or researcher, or a multinational executive or manager, you may apply for an EB-1 visa via Form I-140, Petition for Alien Worker.

At the same time, your petitioning United States employer may have to do some leg work. For example, the employer may have to demonstrate their continuing ability to pay their offered wage as of the set priority date. This is specifically if you are an outstanding professor/researcher or a multinational executive/manager.

Before it is too late, you must retain the services of one of the competent Milwaukee, Wisconsin immigration lawyers. Contact our Sesini Law Group, S.C. office today.

Read More

You may have finally filled out and submitted the long, complex, and time-consuming petition for a K-1 visa (i.e., a fiancé visa). However, your job may not be over just yet. That is, your final step may be attending an interview conducted by a United States Department of State consular officer. Follow along to find out what you can expect to happen at your fiancé visa interview and how a proficient fiancé visa lawyer in Milwaukee, Wisconsin, at Sesini Law Group, S.C. can help you properly prep for it.

What is the purpose of being interviewed for a fiancé visa?

Your interview with a consular officer may arguably be the most important step of your fiancé visa application process. This is because, after this interview, the consular officer may get the final say on whether you should be approved or denied for this visa type.

With that being said, the primary purpose of this interview is so that a consular officer may confirm that you meet the eligibility criteria you promised in your petition. For example, they may analyze whether or not you are being truthful about having met your fiancé at least two years before filing your petition. Also, they may dissect whether or not you have met your fiancé in person before filing your petition. Lastly, they may also comb through the additional pieces of evidence you have that document your relationship with your fiancé, which they may have asked you to bring to the interview.

What can I expect to happen at the fiancé visa interview?

If you are currently staying in the United States, you may expect your local United States Citizenship and Immigration Services (USCIS) field office to book a time and date for your fiancé visa interview. Here, your sponsoring fiancé must attend this interview with you. And if you are currently living abroad, then the United States Embassy or consulate in your country may schedule your interview. With this, your sponsoring fiancé does not have to attend.

In the days and weeks leading up to your scheduled interview, you may expect to have to collect the original copies of documents you submitted with your initial petition. This may include the original copies of your passport, birth certificate, prior divorce documents, etc. Also, you must gather any additional documents that the consular officer has requested of you, to authenticate your relationship with your fiancé. This may include travel itineraries for planned trips to visit one another, phone records that show your frequent communication, etc.

And at the time of your scheduled interview, you may expect a certain line of questioning. Such questioning may pertain to your personal background, your knowledge about your fiancé’s background, and your past stays in the United States, among other things. With this, you and your fiancé should refresh each other’s memories on the milestones within each of your backgrounds and your relationship.

When dealing with an urgent matter like this one, you must drop everything and call a talented family immigration lawyer in Milwaukee, WI. Our team at Sesini Law Group, S.C. can help you put the puzzle pieces together.

Read More

You may have done everything in your power to abide by the strictly enforced application guidelines and build a strong case for your eligibility to retrieve a United States visa. So you may feel depleted and discouraged if this long and extensive process ultimately results in a denial by the United States Citizenship and Immigration Services (USCIS). However, you may rest easier knowing this may not have been your only shot. Continue reading to learn what happens if your visa application gets denied and how an experienced waivers of inadmissibility attorney in Wisconsin, at Sesini Law Group, S.C., can help you get a second chance at legal entry into the United States.

What happens if my visa application gets denied?

At your final interview at a United States embassy or consulate, your interviewer, a USCIS officer, may get the final say on whether your visa application should get approved or denied. If they ultimately rule to deny you a visa, you hold the right to ask for their reasonings.

With this, one reason the USCIS officer might give you is that you seem to fall under one of the inadmissibility or ineligibility grounds for United States citizenship. For instance, they may be under the belief that you were previously convicted of a crime involving moral turpitude or a drug conviction. So if this is the explanation you received, then you may also hold the right to file a waiver on the grounds of inadmissibility; otherwise known as Form I-601.

How can I apply for a waiver on the grounds of inadmissibility?

First of all, you must file Form I-601, your waiver on the grounds of inadmissibility, with the United States Department of Homeland Security (DHS). Also worth mentioning, you must pay a nonrefundable filing fee of $930. Unfortunately, this must be in addition to the filing fee you paid for your initial visa application, which was also nonrefundable.

Also alongside your Form I-601, you must submit evidence that establishes why you qualify for this waiver in the first place. Now, the evidence you require may be dependent on which grounds of inadmissibility the USCIS officer stated at your final interview.

For example, if you were denied a visa due to medical reasons, you must submit additional pieces of medical documentation. Such medical documentation may show that you have received all your required vaccinations, you have attended and passed all your required medical examinations, or otherwise, it may disprove any other reasoning that you were given.

You must understand that there is no guarantee that the DHS will approve your waiver, but it always helps to completely dedicate yourself to its success. So even if you are only considering a waiver of inadmissibility, you must first consult a skilled family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C. Contact our firm today.

Read More

As a noncitizen of the United States, there may always be a fear looming in the back of your mind that you may be uprooted from your new home and sent back to your native country. Understandably so, you may never want this fear to become a reality. Therefore, you may want to do everything in your power to prevent this from even becoming a possibility. Continue reading to learn some tips for avoiding deportation from the United States and how an experienced removal & deportation defense lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can offer you additional protections.

Understanding Why Deportation Happens in the United States

Deportation, formally referred to as removal, is the process that occurs when the federal government determines that a non-U.S. citizen no longer has a legal right to remain in the United States. This process can happen to individuals who have resided in the country for many years, have strong family ties, or who entered the country legally, if they later violate immigration or criminal laws. Unfortunately, there are a number of ways in which someone may become subject to deportation, so understanding the most common triggers is critical to avoiding missteps that can result in your removal.

What Are Common Grounds That Can Lead to Deportation?

Immigration authorities with the United States Citizenship and Immigration Services (USCIS) may find it necessary to deport you from the country if you are found to violate any immigration laws or commit certain offenses after being admitted into the country. For individuals living in Wisconsin, these issues often arise during seemingly routine encounters with law enforcement or when filing for immigration benefits, as prior violations may be reviewed.

It’s also important to note that some grounds of deportability require mandatory removal in accordance with federal law, while others allow immigration judges to make decisions at their own discretion based on the individual case.

Criminal Grounds of Deportability

• Crimes of moral turpitude after being admitted
• Certain controlled substances offenses
• Domestic violence-related offenses that carry criminal consequences
• Conviction of an aggravated felony

National Security and Public Safety Concerns

• Allegations of involvement in terroristic activities
• Firearms or other weapons-related offenses
• Activities deemed a threat to public safety in accordance with federal law

Immigration Status Violation

• Marriage fraud or misrepresentation to obtain immigration benefits
• Falsely claiming that you are a U.S. citizen
• Overstaying or otherwise violating the terms of a visa
• Entering the country without inspection or lawful status

Proactive Steps You Can Take to Avoid Deportation in Wisconsin

Avoiding deportation begins from the moment you enter the United States, as remaining in compliance with immigration law is the most important action you can take to avoid being subject to removal.

Potential Paths to Strengthen Your Immigration Status

• Applying for asylum or other forms of humanitarian relief
• Seeking permanent residence through family or employment-based petitions
• Maintaining a continuous lawful status
• Seek naturalization once eligibility requirements are met

What Are Your Legal Options if Facing Removal Proceedings?

In the event removal proceedings against you have already begun, it’s important to understand that there may be steps you can take to avoid deportation. However, eligibility will depend on your unique circumstances and immigration history.

Waivers and Relief From Removal

• Requesting a waiver of removability can help you remain in the country despite a qualifying violation
• Long-term residents may be able to seek a cancellation of removal
• Applying for waivers related to criminal or immigration violations may be possible
• Appeals based on undue financial hardship for any citizen family members you support

How Can Arrests and Criminal Charges Impact Immigration Status?

Unfortunately, a single arrest or criminal charge can have intense immigration consequences that can affect you before a case is even resolved in criminal court.

Immigration Risks Associated with Arrests

• Arrests of any nature can trigger enforcement actions before a conviction occurs
• Pending criminal cases can delay or prevent the approval of visa applications
• Certain charges can render non-citizens inadmissible or removable
• Immigration and criminal courts, though separate, often work in tandem

Contact Our Wisconsin Immigration Attorneys Today

Whether you are worried about falling out of lawful status or you are currently in removal proceedings, it’s critical to understand that you have the right to legal representation. As such, the team at Sesini Law Group, S.C,, is ready to represent you. Our firm is proud to help those in and around Milwaukee, WI, explore their legal options when facing removal and deportation. Contact our dedicated legal team today to learn how we can represent you during these difficult times.

Read More