How Can I Prove Extreme Hardship for Immigration Purposes?

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.

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What Are the Consequences of Overstaying a Visa?

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.

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How Can I Replace My Green Card?

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.

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What Happens If My Green Card Application Is Denied?

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.

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Can I Work in the U.S. with a Tourist Visa?

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.

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Read Our Latest Blog Posts

  •  How Can I Prove Extreme Hardship for Immigration Purposes?
  •  What Are the Consequences of Overstaying a Visa?
  •  How Can I Replace My Green Card?
  •  What Happens If My Green Card Application Is Denied?