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.

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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.

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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.

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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.

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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.

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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.

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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 family immigration 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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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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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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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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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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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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 nonimmigrant 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 are the qualification criteria for the K-1 visa process?

You must understand that not just any engaged couple with mixed immigration statuses may apply for the K-1 visa. Rather, the United States Bureau of Citizenship and Immigration Services (USCIS) enforces the following strict qualification criteria:

• You must be legally residing outside of the United States at the time of filing.
• You must have never been convicted of serious crimes or overstaying your prior visas.
• You must have met your United States citizen fiancé at least two years before your filing date.
• You must have met your United States citizen fiancé in person at least once before your filing date.
• You and your United States citizen fiancé must be legally free and able to marry (i.e., single, divorced, or widowed).
• You and your United States citizen fiancé must have a bona fide intent to marry for reasons other than immigration benefits.

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:

1. You must file Form DS-160, Online Nonimmigrant Visa Application, and its required supporting evidence.
2. Your United States fiancé must file Form I-129F, Petition for Alien Fiancé, and its required supporting evidence.
3. Your United States fiancé must file Form I-864, Affidavit of Support, to prove they can provide sufficient financial support and that their fiancé is unlikely to become a public charge.
4. You may have to schedule and attend a medical examination with a United States embassy or consulate-approved physician and fulfill any outstanding vaccination requirements.
5. You may have to schedule and attend an interview with a USCIS official to answer questions regarding your reasons for applying for this visa type and more.

In conclusion, there is far more to explain than this blog has only begun to cover. For more information, please get in touch with a talented family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C. We look forward to collaborating with you.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

Under what circumstances might I be deported from the United States?

Essentially, 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. More specific examples of what may prompt a deportation and removal order are as follows:

• You may have been found guilty of participating in a criminal act:
  • You have committed a crime of moral turpitude any time after being admitted to the United States.
  • You have committed a crime an aggravated felony any time after being admitted to the United States.
• You may have been deemed to be a threat to the country’s public safety:
  • You have engaged in, or become likely to engage in, terrorist activities.
  • You have engaged in certain offenses involving firearms or other weapons.
• You may have been found to violate the terms and conditions of your visa type:
  • You have committed marriage fraud to be admitted to the United States.
  • You have falsely represented yourself as a United States citizen to reap certain benefits.

What are some tips for avoiding deportation from the United States?

You must not give the USCIS any reason to even consider your deportation and removal from the United States. Thus, in addition to being law-abiding, it is in your best interest to follow the below tips:

• You may apply to become an asylum seeker in the United States, if applicable.
• You may apply to become a naturalized citizen of the United States, if applicable.
• You may consider volunteering to exit the United States, if this is your preference.

However, say that you are already at the point where you receive notice of your possible deportation and removal. Well, this is when you may have to petition to waive this deportation and removal order (i.e., Form I-212). Evidently, this may require a certain extent of legal aid.

So whenever you are ready, a skilled Milwaukee, WI removal and deportation defense lawyer is here to provide you with legal assistance. Please schedule your initial consultation with us at the Sesini Law Group, S.C. today.

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You may be eager to get your H-1B visa application approved so that you may assume your specialty job position in the United States straight away. However, you must understand that the United States Citizenship and Immigration Services (USCIS) receives upwards of 200,000 applications per year; and with that, it may only approve 65,000 of those applications. This is all to say that you must anticipate lengthy wait times throughout this application process. Continue reading to learn the extent of the H-1B visa processing time and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you expedite this process.

Approximately how long is the H-1B visa processing time?

First of all, you and your employer must effectively time out when you submit your Form I-129, Petition for Nonimmigrant Worker. That is, your employer should petition at least six months before they wish you to assume your specialty job position in the United States. This is because, while the USCIS may only take a couple of weeks to process your application, more realistically it may take closer to 10 months to get word on whether your application was approved or rejected.

But if you wish to start working in the United States sooner rather than later, then you may ask your employer if they are willing to pay for premium processing of your Form I-129. This ensures that the USCIS reviews your application within 15 calendar days of filing, or otherwise within 15 calendar days of your response to a request for evidence. As of 2024, this premium processing fee was set at $2,805.

If your H-1B visa application is taking more than 10 months to process, then you may place a service request with the USCIS. With this, you may receive a confirmation number and a new estimated time of processing. But if you still do not get word back, then you may seek the assistance of a legal representative.

How long is it until my H-1B visa expires?

You must understand that your H-1B visa is not a permanent visa. That is, you may only be allowed to stay in the United States for three years. You may extend your stay once for an additional three years, for a cumulative maximum duration of six years.

This is why, again, you and your employer must effectively time out when you submit a request for an extension. Meaning that this should be requested at least six months before its set expiration date. If not, you may experience a gap or loss of lawful status that ultimately interrupts your career trajectory in your specialty job position.

When requesting an extension on your H-1B visa, there is no one other than a skilled Milwaukee, WI work authorization permit lawyer to have in your corner. So please get in touch with us at Sesini Law Group, S.C. today.

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You may have entered the United States on a family-based visa with high hopes for what the future holds for you. Unfortunately, these high hopes may have been quickly shut down upon realizing that the United States resident with whom you reside turns out to be physically, mentally, emotionally, or financially abusive toward you. You may be unsure how to get yourself out of this situation. For one, you may not have the financial means to go off on your own in this new country yet. Or, you may not believe that returning to your home country is any safer alternative. This is when a battered spouse petition may be deemed vital. Read on to discover more about a battered spouse petition and how a seasoned family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you effectively execute one.

What is a battered spouse petition in immigration law?

In immigration law, the battered spouse petition may be used by victims of domestic violence to apply for lawful permanent resident status in the United States. This petition option is further made possible thanks to the Violence Against Women Act (VAWA) of 1994. Essentially, this Act allows noncitizens who have been abused by their relative of United States citizenship or lawful permanent resident status to self-petition for their immigration classification.

This curbs your abuser from having to know, consent to, or participate in your immigration process. This is especially helpful if you have had experiences with your abuser threatening to withhold or withdraw your immigration petition to control, coerce, or intimidate you. Hopefully, with the help of the VAWA Act, you may gain safety and independence from your abuser.

What can I do to effectively make this petition?

To effectively file a battered spouse petition with the United States Citizenship and Immigration Services (USCIS), you must first prove your abuser’s citizenship or lawful permanent resident status. Then, you must prove that you have a qualifying relationship with the abuser. Different relationships may require different forms of evidence. The relationships that the USCIS recognizes as eligible read as follows:

• You are the abused spouse of a United States citizen or lawful permanent resident.
• You are the abused child of a United States citizen or lawful permanent resident.
• You are the parent of an abused child of a United States citizen or lawful permanent resident.
• You are the abused parent of an adult child who is a United States citizen or lawful permanent resident.

In addition to making this petition, you must also ensure that you place yourself in immediate safety from your abuser. This is why we strongly encourage you to seek help and support through the National Domestic Violence Hotline at 1-800-799-SAFE (7233).

You may be intimidated to take these actions and ultimately go against your abuser. But one way to make this easier is to have a competent Milwaukee, WI family immigration lawyer stand by your side throughout. Contact Sesini Law Group, S.C. at your earliest possible convenience.

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It may take anywhere from a couple of months to a couple of years to obtain a United States immigrant visa, depending on the specific type you seek. This is because there are many steps between your initial application and your final approval. Namely, a critical step that you must participate in is being interviewed by an official from the United States Citizenship and Immigration Services (USCIS). Continue reading to learn how to prepare before your immigrant visa interview and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can serve as your mentor.

How can I prepare before my immigrant visa interview?

Early on in your immigrant visa application process, the National Visa Center (NVC) may contact you regarding the scheduled date and time of your interview. You must not simply wait around until this day is upon you. Rather, the following initiatives must be taken before your interview:

• You must schedule and attend a medical examination; specifically with an authorized, embassy-approved physician in the country where your interview is set to take place.
• You must register for courier service; this is so that you may be instructed on additional requirements that your specific United States embassy or consulate asks of you.
• You must gather documents that are required to be submitted at the time of your interview; examples include photos and originals or certified copies of civil documents.
• You must retain an interpreter who can assist you at the time of your interview; along with jointly submitting Form G-1256, Declaration for Interpreted USCIS Interview.

Ultimately, a failure to make the preparations mentioned above may result in significant delays in your immigrant visa application process.

What can I expect to happen during my interview?

Understandably so, you may be overwhelmed with the gravity of your immigrant visa interview. Though it may help you rest easier to know what you can expect to go down. Such procedures are as follows:

• You may expect ink-free, digital fingerprint scans to be taken at the start of your interview.
• You may expect your spouse and any qualified unmarried children who plan to immigrate with you to also participate in your interview.
• You may expect to answer questions about your history during your interview, such as where you have lived, traveled, and worked in the past five years.
• You may expect to have original documents returned to you at the end of your interview, but certified copies are to be kept.
• You may expect to be asked to pay any remaining, necessary immigrant visa application fees at the end of your interview.

The best way to prepare for your immigrant visa interview is to retain the services of a skilled Milwaukee, WI family immigration lawyer. So please contact Sesini Law Group, S.C. today.

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The Department of Homeland Security will decipher whether or not you will be a public charge during your stay in the United States before giving a final say on your admissibility. Simply put, it will likely help your application for citizenship or permanent residency if you are not branded with this label. Follow along to find out how immigration law defines being a public charge and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you overcome this ground of inadmissibility.

What does public charge mean in immigration law?

First things first, being a public charge is typically defined as being an individual who is likely to become largely dependent on the federal government, as demonstrated by the use of cash assistance programs, government-funded institutionalized long-term care, etc. More specifically, such programs that qualify for a public charge determination read as follows:

• Social Security Insurance (SSI).
• Temporary Assistance for Needy Families (TANF).
• State or local cash assistance programs.
• Medicaid coverage for long-term institutionalization programs.

Further, the Department of Homeland Security will consider your age, family status, health, education, income, assets, etc. as heavily weighted factors in determining whether or not you are a public charge. If it labels you as a public charge after reviewing these factors, then you may be deemed inadmissible to enter the United States. This is because it is unfortunately true that immigrants who are proven to be self-sufficient may be prioritized for the limited green cards that are administered each year.

However, you may rest assured knowing that you cannot be labeled as a public charge if you are of asylee, refugee, special immigrant juvenile, Afghan or Iraqi translator or interpreter, or Violence Against Women Act (VAWA) self-petitioner status. What’s more, the government-funded benefits you receive from a family member may not qualify as being considered a public charge. Other government-funded benefits that do not count include disaster relief benefits, unemployment insurance benefits, tax credits, stimulus checks, etc.

What can I do to overcome this ground of inadmissibility?

For one, if you are specifically applying for a family-based adjustment of status, then Form I-864, Affidavit of Support, may help you overcome being labeled a public charge. This is because the family member who fills out Form I-864 on your behalf will essentially declare that they will act as your financial sponsor during your stay in the United States. What may help even further is if your family member seeks a joint sponsor for this petition.

If done with careful consideration, there are many benefits to filling out this form. So please seek the assistance of a talented Milwaukee, WI family immigration lawyer from Sesini Law Group, S.C. We look forward to having a conversation with you.

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Understandably so, you may be earnest to bring your relative to the United States to share a life with you. However, the United States Citizenship and Immigration Services (USCIS) may require you to first prove a lot. For one, you may have to prove that you have the financial backing to support your relative by completing an Affidavit of Support. Read on to discover more about an Affidavit of Support and how a seasoned family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can guide you through the steps of filling out this form.

What should I know about an Affidavit of Support for my immigration case?

Namely, Form I-184, Affidavit of Support, is a USCIS document you must fill out and sign to prove your willingness to be a “sponsor.” That is, you must agree to be held financially responsible for your relative applying to legally reside in the United States. With this, you must gather and submit evidence of your finances and other supporting documents. This may include proof of income, proof of assets, IRS tax transcripts, SSA earnings statements, and more. If the USCIS determines you have insufficient funds, you may still have a “joint sponsor” cosign the form.

Of note, an Affidavit of Support is legally binding until your relative reaches full citizenship status in the United States. Or, it may last until your relative is credited with at least 40 qualifying quarters of work (i.e., approximately 10 years), as per the Social Security Act.

What do I need to do before and after filling out this form?

You must understand that an Affidavit of Support is not the only form that you must fill out to have your relative legally enter the country. That is, there are other documents and otherwise initiatives that you must take before and after, and they read as follows:

• Before filling out this form:
  • You must fill out and submit Form I-130, Petition for Alien Relative.
  • Both you and your relative must manage your case with the Department of State’s National Visa Center.
  • Both you and your relative must pay the $535 filing fee.
  • Your relative must schedule an immigrant visa interview.
• After filling out this form:
  • Your relative must fill out and submit Form DS-260, Application for Immigrant Visa and Alien Registration.
  • Both you and your relative must collect, scan, and submit the civil documents required to support this application.
  • Your relative must schedule a medical appointment with an authorized physician in the country of your scheduled interview.
  • Your relative must attend their scheduled immigrant visa interview with the required civil documents.

Undoubtedly, there is much to consider with filing an Affidavit of Support. So your next order of business should be to initiate a conversation with a competent Milwaukee, WI family immigration lawyer. Someone at Sesini Law Group, S.C. is awaiting your phone call.

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You may not want to experience life in the United States alone but rather in the company of your loved ones. This may go beyond your spouse and children and extend to your siblings. Follow along to find out how to sponsor your sibling and how a proficient family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can walk you through every step.

Under what circumstances can I petition for my sibling’s immigration?

Simply put, you may petition for your sibling’s immigration to the United States so long as you are a citizen of 21 years of age or older. Namely, the United States Citizenship and Immigration Services recognizes your sibling as a preference relative. Meaning that they are considered a non-immediate relative who is thereby subject to the USCIS’s annual “cap” on admittances into the United States. As of 2023, this annual cap was set at 226,000 preference relatives.

What’s more, your sibling may fall under the family preference category four, which is the lowest category set by the USCIS. Unfortunately, this may indicate that your sibling must wait exceptionally long for their chance to enter the country. On average, this wait time may be 14 years; but it may ultimately depend on your sibling’s national origin/country of residence.

If you are interested in sponsoring other relatives, as well, the other family preference categories that you must be made aware of read as follows:

• Family preference category one: your unmarried sons and daughters who are 21 years of age or older.
• Family preference category two: your spouse, minor children, and unmarried sons and daughters who are 21 years of age or older; if you are of permanent resident status.
• Family preference category three: your married sons and daughters who are 21 years of age or older.

How can I sponsor my sibling for immigration to the United States?

Given the extended wait times that are in store for your sibling, it is recommended that you file Form I-130, Petition for Alien Relative, on their behalf at your earliest possible convenience. Importantly, you must supplement this form with the following pieces of proof:

• Proof of your United States citizenship:
  • A copy of your birth certificate.
  • A copy of your United States passport.
  • A copy of your certificate of naturalization or citizenship.
• Proof of your sibling relationship:
  • A copy of your sibling’s birth certificate that lists your common parents.
  • For an adopted sibling: a copy of their adoption certificate.
  • For a step-sibling: a copy of your parent and step-parent’s marriage certificate from before you and your sibling were 18 years of age or older.

This is not to mention the $535 filing fee that must be paid. In the end, even if you are just considering sponsoring your sibling, it is best to first consult with a talented Milwaukee, WI family immigration lawyer. So please contact us at Sesini Law Group, S.C. today.

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Your spouse may not be a citizen or legal resident of the United States. But just with the simple fact that you are a United States citizen, your spouse may be eligible to legally enter and reside in the United States. One way they may achieve this is by obtaining a conditional green card. Read on to discover the terms for a conditional green card and how a seasoned green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you plan out your next steps.

What are the terms for a conditional green card for my spouse?

Simply put, your spouse obtaining a conditional green card means that they obtain the ability to legally live and work in the United States; similar to the rights of any other green card holder. However, it is worth mentioning that your spouse’s conditional green card is only set to last for two years. Contrastingly, most other green cards may be valid for up to 10 years with an option for renewal.

Essentially, the United States Citizenship and Immigration Services (USCIS) offers the conditional green card option to evaluate the validity of your marriage within its first two years. This is set to combat marriage fraud, an act that, unfortunately, commonly arises amongst those attempting to acquire United States citizenship or legal residency.

What should I do when my spouse’s green card is set to expire?

You must understand that your spouse’s conditional green card cannot be renewed. This means that, after two years, your spouse may have to exit the United States if they do not take the proper measures toward adjusting their status. Namely, they may apply for a permanent green card by filing Form I-751, Petition to Remove Conditions. And since the conditions for their stay are based on your marriage, Form I-751 is a joint petition that you must complete together. Without further ado, you and your spouse must take the following steps:

1. You and your spouse must provide your signatures wherever it is requested throughout the form.
2. You and your spouse must supplement the form with additional evidence of your marriage (accumulated in the time since the original green card application).
3. You and your spouse must supplement the form with a front-and-back copy of the conditional green card.
4. You and your spouse must include payment for the $595 filing fee and $85 biometrics fee with the form.
5. You and your spouse must submit the form within the allotted 90-day window (filing too early will cause the form to be sent back and filing too late will cause the form to be denied).
6. You and your spouse must schedule an interview with a USCIS officer if it is requested after your submission of the form.

You must consult with a competent Milwaukee, WI green card lawyer far before the date on which your spouse’s green card is set to expire. So please contact us at Sesini Law Group, S.C. today.

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As you may likely already know, entry into the United States with a work authorization visa is limited. This is especially true for the H-1B visa, which is exclusively designated for individuals seeking specialty work in the United States (i.e., science, technology, engineering, medicine, etc). For this reason alone, you must not make any mistakes in your H-1B visa application that may jeopardize your chances of approval. Continue reading to learn what mistakes to avoid when applying for an H-1B visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you take the right approach.

What common mistakes should I avoid when applying for an H-1B visa?

First, you must ensure you retrieve the correct form for an H-1B visa from the United States Citizenship and Immigration Services (USCIS) website. Namely, this is Form I-129, Petition for a Nonimmigrant Worker. With this, you must also ensure that this is the most current version of Form I-129 available.

After this, you must make a diligent effort to fill out Form I-129 in its entirety. Not only must every required field be filled out, but it must be filled out with accurate information. Lastly, you must not forget to supplement your H-1B visa application with the necessary supporting documentation. This is not to mention the $460 filing fee, which is most easily paid via a money order, personal check, or cashier’s check. Such documentation includes, but is not limited to, the following:

• Evidence that your proposed United States employment qualifies as a specialty occupation.
• Evidence that you qualify to perform in the specialty occupation (i.e., copies of your work licenses, college degrees, etc).
• Evidence that you received a job offer for the specialty occupation (i.e., copies of your written correspondence with the employer, employment contract, etc).

What deadline should I keep in mind for an H-1B visa application?

You must understand that the USCIS places a cap on how many H-1B visas it administers per fiscal year. Namely, current regulations set this cap at 65,000 H-1B visas. So to apply for an H-1B visa for the fiscal year 2025 that begins on October 1, 2024, you must keep the following dates in mind:

• February 21, 2024: this is the first day on which you may create an H-1B registrant account.
• March 1, 2024: this is the first day on which you may submit your H-1B visa application.
• March 20, 2024: this is the last day on which you may submit your H-1B visa application.
• March 31, 2024: this is the day on which the USCIS intends to notify selected applicants.

In conclusion, you require the services of a skilled Milwaukee, WI work authorization lawyer when filling out your H-1B visa application. So please schedule an initial consultation with us at Sesini Law Group, S.C. today.

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Of note, the United States Citizenship and Immigration Services (USCIS) offers asylum to individuals who are afraid to return to their home country due to political persecution. With this, you may wonder whether a temporary asylee status may offer a path toward a permanent resident status in the United States. Follow along to find out whether you can apply for a United States visa after being made a victim of political persecution in your home country and how a proficient asylum immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help lead you toward safety.

What does the USCIS consider to be political persecution?

The USCIS does not disclose its official definition of political persecution. But generally speaking, it is considered to be harm and/or suffering inflicted upon an individual as punishment for possessing a certain political opinion. Further, such harm and/or suffering is intended to threaten an individual’s life and/or freedom. Therefore, you may be considered a victim of political persecution if you have suffered any of the following events:

• You have been imprisoned after expressing your political beliefs.
• You have been made a victim of police brutality after expressing your political beliefs.
• You have been stripped of your citizen’s rights in your home country after expressing your political beliefs.
• You have been threatened with violent actions (i.e., murder, summary execution, torture, forced disappearance, etc.) after expressing your political beliefs.

Can I apply for a United States visa if I am a victim of political persecution?

To reiterate, the USCIS offers an asylum program for individuals who have suffered persecution or have a reasonable fear that they will suffer persecution in their home country due to their political opinions. To be eligible for this program, you must file Form I-589, Application for Asylum and for Withholding of Removal, while you are physically present in the United States and within one year of your arrival to the country. What’s more, you must not already be a United States citizen.

However, once you attain asylee status, you may be eligible to remain in the United States for a more permanent stay. That is, you may have the chance to apply for the United States permanent resident card (i.e., a green card). You may be afforded this opportunity so long as you continue to meet the following criteria:

• You must continue to be physically present in the United States within one year of your being granted asylee status.
• You must not resettle in a foreign country or otherwise abandon your United States asylee status in any way.
• You must continue to otherwise meet the definition of an asylee, or be the dependent of an asylee.
• You must continue to otherwise be admissible in the United States.

At the end of the day, your application for a United States visa requires a competent Milwaukee, WI asylum immigration lawyer in your corner. So please get in touch with us at Sesini Law Group, S.C.

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The United States is known for having a healthcare system with quality, efficiency, and the overall ability to give patients a long, healthy life afterward. This is not to mention its easy access to modern medicine. Luckily, the United States Citizenship and Immigration Services (USCIS) has a visa type available so that foreigners may also benefit from this healthcare system. Continue reading to learn how to obtain a short-term visa for medical treatment in the United States and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you make this possible.

What medical visa is offered by the USCIS?

The USCIS does not specifically offer a visa for medical purposes. However, if you wish to visit the country for treatment by a United States physician, you may apply for a B-2 visa, otherwise known as a visitor visa for tourism.

You may not initially think that you qualify for a B-2 visa, as you may not think your medical needs make you a “tourist for pleasure,” so to speak. But you must understand that a B visa is a type of non-immigrant visa that is issued to foreign nationals seeking entry for a temporary period, regardless of their specific reasonings.

How can I obtain a short-term visa for medical treatment in the United States?

Now that you know which short-term visa may grant you access to medical treatment in the United States, you must be made aware of how to apply for it. This application is namely Form DS-160, Nonimmigrant Visa Application. It may require you to prove the following as true:

• You may have to prove that you are seeking necessary medical treatment that is unavailable in your home country.
• You may have to prove that you have adequate financial resources to pay for the necessary medical treatment you seek.
• You may have to prove your willingness to be examined by a physician at the United States Embassy or Consulate.

It is important to note that, if you are pregnant, you may have to make additional efforts to prove that your intention is not to give birth in the United States. This is so even if your reason for seeking medical treatment is tied to your pregnancy.

Further, two pivotal pieces of proof that must supplement every Form DS-160 are letters from a local treating physician and a United States healthcare professional. Firstly, your local treating physician should describe the nature of your illness or ailment and overall why they recommend that you seek United States medical care. Then, a United States healthcare professional should describe their willingness to accept you as a patient; based on your local treating physician’s diagnosis, recommendation, etc.

This is all to say that, before moving forward with your visa application, you must consult a skilled Milwaukee, WI family immigration lawyer. So please reach out to Sesini Law Group, S.C. today.

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If you are engaged to a non-citizen of the United States, you may want to begin your lives together straightaway. But as you apply for their legal entry into the country, you may grow concerned about whether being a same-sex couple will diminish this opportunity. Continue reading to learn how you can obtain a K-1 visa for your same-sex partner and how an experienced fiancé visa lawyer in Milwaukee, Wisconsin, from Sesini Law Group, S.C., can help you through the application process.

Can I obtain a K-1 visa for my same-sex partner?

The short answer is, use, you may obtain a K-1 visa for your same-sex partner via Form I-129F, Petition for Alien Fiancé. This is thanks to the Supreme Court’s decision in Windsor v. United States. Here, the United States Embassies and Consulates have been ordered to handle K-1 visa applications that are based on same-sex partnerships in the same way that they handle those of opposite-gender fiancés. With this, the stepchildren acquired in a same-sex marriage may also qualify as beneficiaries of the K-1 visa.

What immigration requirements must be met for a K-1 visa?

You must understand that, for a chance at a successful K-1 visa application, your fiancé must meet the same immigration requirements as an opposite-gender fiancé would. And as their fiancé inviting them into this country, you may have to pass certain tests, as well. Such immigration requirements, that must be met within the application and in the interview, are as follows:

• You must prove that you are a United States citizen (i.e., a copy of your birth certificate or unexpired passport).
• Your fiancé must prove that they have legally terminated any previous marriages, if applicable.
• You and your fiancé must prove that you met each other at least two years before your filing date.
• You and your fiancé must prove that you know complete information about each other’s lives (i.e., details about family members, past relationships, employment history, etc).
• You and your fiancé must prove that you are genuinely interested in each other and are serious about your marriage.
• You and your fiancé must prove that you are people of good moral character.

It is also worth mentioning that the K-1 visa is explicitly intended to allow your fiancé to legally enter the United States for the purpose of marriage. With this, you must enter a relationship that is legally considered to be a marriage within 90 days of your fiancé’s arrival. Meaning that you cannot simply be involved in a civil union or domestic partnership.

With this complex application process ahead, you must not go through it alone. Rather, you should have a skilled Milwaukee, WI family immigration lawyer from Sesini Law Group, S.C. stand by your side throughout. Contact our firm today.

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It is common for university and college students to hold a part-time job during their studies. This is especially relevant if they are dorming at the university and far away from home, along with if they are paying for their educational costs themselves. However, if you are an international student, you may be unsure as to whether holding a job may jeopardize the validity of your student visa. Continue reading to learn your eligibility to work while on a student visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can determine your viable options.

Am I eligible to work in the United States while on a student visa?

In your first academic year in the United States, you may not be eligible to seek employment off-campus while holding an F-1 student visa. However, if you wish to work on-campus, or otherwise at an off-campus location that is affiliated with the university or college, then you may do so for up to 20 hours per week when school is in session. What’s more, you may work at this on-campus job for up to 40 hours per week during official school breaks.

In the next academic year, you may accept off-campus employment subject to certain conditions and restrictions. That is, you may have the following options at your disposal:

• You may engage in curricular practical training.
• You may engage in optional practical training.
• You may engage in science, technology, engineering, and mathematics (STEM) optional practical training.

It is worth mentioning that you may participate in any of the aforementioned training programs for up to 12 months. Plus, this off-campus employment must be related to your area of study. In addition, your university’s or college’s Designated School Official, along with the United States Citizenship and Immigration Services, must approve the job first.

What are my visa options after graduation?

While you may gain experience from any of the aforementioned training programs during your studies, you may want to continue your professional career in the United States post-graduation. Well, you may rest assured knowing that you may still be eligible for up to 12 months of post-completion optional practical training. With this, your periods of pre-completion optional practical training must be deducted from your available hours of post-completion training. However, if you are undergoing the STEM optional practical training, then you may apply for a 24-month extension.

Aside from these training programs, there are other ways in which you may legally reside in the United States post-graduation. For example, you may apply for a non-immigrant, employment-based visa (i.e., H-1B visa, L-1 visa, O visa, etc).

At the end of the day, when it comes to your visa application, please consider contacting a skilled Milwaukee, WI work authorization permit lawyer. Our team at Sesini Law Group, S.C. is ready and willing to assist you.

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You may wish to stay in the United States if you believe that your safety is threatened in your home country. Reasons like this are why the Secretary of the Department of Homeland Security (DHS) has the power to enforce temporary protected status (TPS) programs. Continue reading to learn how TPS programs work and how an experienced asylum immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help determine your eligibility and henceforward guide you through the application process.

How do temporary protected status programs work in the United States?

Put simply, temporary protected status is a non-permanent status that allows individuals to work and live in the United States if returning to their home country is not a safe option. More specifically, an individual’s home country must be affected by armed conflict (i.e., civil war or non-internationalized armed conflict), unprecedented natural disasters (i.e., tsunamis, earthquakes, and epidemics), or other dangerous, temporary conditions.

It is worth mentioning that only certain countries are granted TPS programs. And this status usually last for six, 12, or 18 months, and may only be extended at the discretion of the Secretary of the DHS. Without further ado, the list of countries that currently hold this status, with potential expiration dates in 2024 or 2025, reads as follows:

• Afghanistan.
• Burma.
• Cameroon.
• El Salvador.
• Ethiopia.
• Haiti.
• Honduras.
• Nepal.
• Nicaragua.
• Somalia.
• South Sudan.
• Sudan.
• Syria.
• Ukraine.
• Venezuela.
• Yemen.

How do I apply for this program?

Before all else, you must make sure that you may be an eligible participant in the temporary protected status program. Such qualification criteria read as follows:

• You must be a national or otherwise habitually stateless resident of a country that is currently designated in the TPS program.
• You must have been continuously, physically present in the United States since your country was designated in the TPS program.
• You must have been continuously residing in the United States since the date granted to you by the Secretary of the DHS.
• You must not have any history of criminal activity or national security-related threats.

Once you confirm that you qualify for this program, you may initiate the following application process:

1. Fill out Form I-821, Application for Temporary Protected Status; possibly alongside Form I-765, Request for Employment Authorization if you wish to work during your stay.
2. Collect and submit evidence of your identity and nationality.
3. Collect and submit evidence of your date of entry.
4. Collect and submit evidence of your continuous evidence.
5. Pay the associated fees; or fill out Form I-912, Application for Fee Waiver.

You must not take any chances when it comes to applying for temporary protected status. So please retain the services of a skilled Milwaukee, WI asylum immigration lawyer from Sesini Law Group, S.C. as soon as you can.

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You are likely abundantly grateful that you were granted an H-1B visa to work in the United States in the first place. So, with this, you likely do not want to do anything that might jeopardize this opportunity. This may entail hesitation when switching employers. Continue reading to learn the possibility of changing employers while on a United States work visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you navigate these conditions.

Can I legally change employers while on a United States work visa?

The short answer is, yes, you may be able to legally change employers while on an H-1B visa. However, this is easier said than done, as this may require you to start the visa application process all over again. This is because your current H-1B visa may be sponsored by your current employer. So, you may need to first find a new job and thereafter a new employer who may agree to serve as your sponsor. Without further ado, the specific protocol that you and your new, future employer must abide by reads as follows:

1. Your new, future employer must submit the Labor Conditions Approval (LCA) to the United States Citizenship and Immigration Services (USCIS). This document should outline the conditions of the job position and how your specialized knowledge is required to fill it.
2. Once the LCA is approved, your new, future employer must submit Form I-129. This document should be supplemented with relevant evidence and fees.
3. Once Form I-129 is approved, you may switch over to your new job. Of note, you may be able to begin working in this job position while you wait for approval.

Rest assured, this transfer process may still be easier than your initial application process, as you are already in the United States.

What should I know about this visa transfer process?

It is worth mentioning that your H-1B visa transfer process may take anywhere from 4 weeks to 8 weeks from the date on which your new, future employer submits the LCA to the USCIS. You may be able to expedite this processing timeline by paying an additional fee, though.

What’s more, it may be worth asking your new, future employer to include the company’s marketing material and financial statements alongside Form I-129. This is not to mention a proper, accurate job description of the specialized position you intend to fill. You may also be able to contribute to this evidence by providing your resume and your university degree that proves your specialized knowledge.

In the end, the first step you must take to start this visa transfer process is to retain the services of a skilled Milwaukee, WI work authorization permit lawyer. So call us at Sesini Law Group, S.C. today.

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You may be delighted upon receiving a job offer that will have you working in the United States. But unfortunately, you cannot accept this job offer if you do not get approved for a work visa. This is even the case if you have specialized knowledge that makes you eligible for an H-1B visa. Read on to discover why your application was denied and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can fight on your behalf.

Why might my work visa application be denied?

It is common for H-1B visas to be denied by the United States Citizenship and Immigration Services (USCIS). This is because it may be difficult for an individual to prove that they have the specialized knowledge necessary for the visa. What’s more, it may be because you have once stayed in the United States for longer than what was legally authorized, you once committed a crime of moral turpitude, or otherwise.

However, a denial may be due to no fault of your own. Rather, it may be due to the fault of your prospective employer who is sponsoring your application. Examples include, but may not be limited to, the following:

• Your prospective employer may have failed to prove that they are an established United States company with enough resources to compensate you.
• Your prospective employer may have failed to prove that the job position offered to you is not contract-based, remote-based, etc.
• Your prospective employer may have failed to prove that the job position offered to you requires your specialty knowledge.
• Your prospective employer may have failed to fill out certain sections of the application or pay its required fees.
• Your prospective employer may have failed to send the application to the correct USCIS service center.

What approach should I take if my application is denied?

If your work visa application is denied, it may be worth asking your prospective employer to file a new I-129 petition on your behalf. This is best if you are under the impression that your initial application was missing the necessary information, documentation, fees, etc.

Another option is to ask your prospective employer to file an appeal. This requires them to file Form I-290B on your behalf. This is best if you are under the impression that the USCIS made an error in their initial determination. Importantly, this form should be filed within 30 calendar days from the date on which you received your initial denial.

Regarding your appeal, there is no time like the present to get started. So please reach out to a competent work authorization permit lawyer in Milwaukee, WI, from Sesini Law Group, S.C., at your earliest possible convenience.

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Recently, the Secretary of Homeland Security and the Secretary of State announced the designation of Israel into the Visa Waiver Program. In its most basic form, this is a federal program that allows nationals of specific countries to travel to this country for a specific timeframe without a visa. Read on to discover more about this new designation of Israel and how a seasoned waivers of inadmissibility attorney in Wisconsin, at the Sesini Law Group, S.C., can help you understand its impact.

What is there to know about the designation of Israel in the Visa Waiver Program?

Without further ado, below are a few highlights that come with the designation of Israel in the Visa Waiver Program:

• The Electronic System for Travel Authorization will be updated to allow citizens and nationals of Israel to apply to travel to the United States (by November 30, 2023).
• Citizens and nationals of Israel may travel to the United States for tourism or business purposes for up to 90 days without first obtaining a visa.
• Citizens of the United States may request entry to Israel for business, tourism, or transit for up to 90 days without first obtaining a visa.

In the past, citizens and nationals of Israel would have to first obtain a United States visa for reasons surrounding security, economics, and people-to-people ties between the two countries.

Now, with this announcement, the Secretary of Homeland Security was quoted saying, “…This designation, which represents over a decade of work and coordination between the United States and Israel, will enhance our two nations’ collaboration on counterterrorism, law enforcement, and our other common priorities. Israel’s entry into the Visa Waiver Program, and the stringent requirements it entails, will make both of our nations more secure.”

In regard to United States citizens traveling to Israel, the Security of State commented, “…This important achievement will enhance freedom of movement for U.S. citizens, including those living in the Palestinian Territories or traveling to and from them.”

What does this update mean for me?

If you are a citizen or national of Israel who is seeking a United States visa, then you may apply for authorization through the Electronic System for Travel Authorization starting on November 30, 2023, or sooner. With this, you may be authorized to reside in the United States for generally two years.

Or, if you are a citizen of Israel who already has a valid B-1 or B-2 visa, then you may continue to use it for business or tourism to the United States as normal.

At the end of the day, when it comes to your visa waiver application, you need a competent removal and deportation defense lawyer in Milwaukee, WI by your side. This is why you must contact the Sesini Law Group, S.C. today.

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Unfortunately, there are instances in which noncitizen spouses and children are abused by United States citizens or permanent residents. These victims may feel helpless in this situation, as they do not want to jeopardize their opportunity to remain in the country. The United States has acknowledged this far-too-common issue and has since established the Violence Against Women Act (VAWA). Continue reading to learn the eligibility requirements for obtaining a visa through VAWA and how one of the experienced Wisconsin immigration attorneys at Sesini Law Group, S.C. can guide you toward safety.

By definition, what is the Violence Against Women Act?

Simply put, VAWA allows for a battered spouse and their children to self-petition for immigration status in the United States. Most importantly, this application process may be conducted without the knowledge or involvement of the abuser.

What are the eligibility requirements for obtaining a visa through VAWA?

This special route toward a visa is designated for a certain set of individuals. That is, VAWA consists of the following eligibility requirements:

• The individual must be the spouse; parent; unmarried child under the age of 21; or parent of an unmarried child under the age of 21, who is being subject to extreme cruelty by a United States citizen or lawful permanent resident who is the spouse, parent, or adult child.
• The individual must have been a victim of physical abuse; violent acts or threats of violence; verbal abuse; emotional abuse; sexual abuse; financial abuse; threats of deportation; or otherwise.
• The individual must have been a victim of such abuse while staying in the United States and while living with the abuser.
• The individual must have evidence of their good moral character (i.e., no criminal record or immigration transgressions).

Specifically, if you are self-petitioning as a spouse of an abuser, then you must have evidence that you entered into the marriage in good faith; that the abuse occurred during the marriage; and that your marriage is still valid or was terminated less than two years ago.

What happens if I meet these eligibility requirements?

If you meet all the aforementioned eligibility criteria, then you may proceed forward with Form I-360, Self-Petition (VAWA Petition).

Once approved, the United States Citizenship and Immigration Services (USCIS) may grant you deferred action. This means that any removal or deportation proceedings against you may be barred. While waiting for lawful permanent resident status, you may apply for a work authorization visa to ensure your remaining in the county.

From here, your immediate relatives (i.e., spouses, parents, and/or unmarried children under the age of 21) may also be eligible to adjust their status. Similarly, they may apply for a work authorization visa in the meantime.

You must take your visa application seriously. So pick up the phone and call one of the skilled Wisconsin immigration attorneys today. Someone at Sesini Law Group, S.C. will be happy to answer.

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You may not be particularly looking for a permanent residency in the United States. But your specific career path may require you, your employees, and your dependents to frequently travel back and forth from the country. This is when applying for an O visa may be deemed necessary.  Continue reading to learn how to obtain a visa for extraordinary ability or talent in a specific field and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help you prove your eligibility.

What is the O-1 visa?

First of all, an O-1 visa is a type of non-immigrant temporary worker visa. This is designated for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, along with those who possess extraordinary achievements in the motion picture or television industry. The specific subsets of the O-1 non-immigrant visa are as follows:

• The O-1A non-immigrant visa: this is for individuals with extraordinary talent in the sciences, education, business, or athletics.
• The O-1B non-immigrant visa: this is for individuals with extraordinary talent in the arts or extraordinary achievements in the motion picture or television industry.
• The O-2 non-immigrant visa: this is for individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance.
• The O-3 non-immigrant visa: this is for individuals who are the spouses or children of O-1 or O-2 visa holders.

How can I obtain a visa for extraordinary ability or talent in a specific field?

You are required to submit Form I-129, Petition for Nonimmigrant Worker, for the O-1 non-immigrant visa. Evidently, to obtain this visa type, you must prove that you have an extraordinary ability or talent in the first place. Examples of this are as follows:

• If you are an individual with an extraordinary talent in education: you may supplement your application with a written opinion from a United States organization (i.e., college or university) that describes your ability.
• If you are an individual with an extraordinary talent in science: you may supplement your application with the calendar for your proposed research in the United States.
• If you are an individual with an extraordinary talent in athletics: you may supplement your application with the schedule of games you are supposed to play in the United States.
• If you are an individual with an extraordinary talent in the arts: you may supplement your application with the schedule of concerts you are supposed to perform in the United States.

You must not hesitate and reach out to a skilled work authorization permit lawyer in Milwaukee, WI as soon as you possibly can. Our team at Sesini Law Group, S.C. will be awaiting your phone call.

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You must understand that the United States almost encourages new businesses and job opportunities to be brought over to its borders. This does nothing less than allow trade between the United States and other countries to prosper. So this is why E-1 and E-2 investor visas are offered. Continue reading to learn the requirements for obtaining a United States visa through investment and how an experienced E-1 & E-2 investor visa attorney in Milwaukee, WI, at Sesini Law Group, S.C., can help determine your eligibility.

By definition, what are the E-1 and E-2 investor visas?

First of all, an E-1 visa allows you, a treaty trader, to enter the United States based on the commerce you intend to conduct whilst within the country’s borders. On the other hand, an E-2 visa allows you to enter the United States based on your investment in a United States business.

Of note, both E-1 and E-2 visas are categorized as treaty visas. This means that your employees may apply for the same visa under the same prerogative. Your spouse and children may be admitted into the United States under the same category, as well; they may even be eligible for employment authorization during their stay in the country. What’s more, these visas may be issued for up to 5 years and renewed/extended in five-year increments, so long as the same activity continues.

What are the requirements for obtaining a United States visa through investment?

Before applying for an E-1 investor visa, you must ensure that you meet the eligibility requirements. Such requirements include, but may not be limited to, the following:

• You must have a traceable exchange between the United States and your treaty country.
• You must have an international trade that involves goods, services, money, etc.
• You must have a trade that is already established between the United States and your treaty country with ratified trade treaties.
• You must have at least 50 percent of your trade to be between the United States and your treaty country.

And as far as an E-2 visa goes, you must match the following criteria:

• You must have invested or be actively in the process of investing in a United States enterprise.
• You must have invested capital with the expectation of making a profit.
• You must have invested capital that is subject to partial or total loss if it does not succeed.
• You must have possession and control of the investment in question at all times.

In the end, the visa you apply for is contingent on the business you intend to conduct in the United States and your overall eligibility. So you must take the initiative and reach out to a skilled E-1 and E-2 investor visa attorney in Milwaukee, WI at your earliest possible convenience. Our team at Sesini Law Group, S.C. will be happy to serve you.

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There may be many barriers in your way of obtaining a United States visa. But one that may be quite difficult to overcome is if you have a criminal record. Continue reading to learn whether you can still apply for a United States visa with a criminal history and how an experienced immigration criminal issues lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you obtain or maintain legal status.

Do I have the chance to apply for a United States visa if I have a criminal record?

While you are not barred from an opportunity to apply for a United States visa with a criminal record, it undoubtedly hinders your chances of being approved. This is because the United States Citizenship and Immigration Services (USCIS) may deem your criminal history as an indication that you may present a potential security risk while staying on United States territory.

You must understand having a criminal history means that you have had a conviction or charge for a particular action (i.e., you have been found guilty or have pled guilty to a crime). So, a conviction or charge may still be considered a legal transgression even if it is not disclosed on your record or you otherwise do not have an official record within your country of residence.

Nonetheless, the USCIS will do a deep-dive background check upon receiving your application for a United States visa, and it is more likely than not that they will pinpoint any legal transgression from your past. So it will just make matters worse if you lie on your application regarding your having a criminal record.

What happens if I commit a crime as a non-citizen of the United States?

Unfortunately, even if you already received your green card, you may be sentenced to deportation from the United States if you are found guilty of committing a crime. More specifically, you may be ordered to undergo removal proceedings if there is evidence that you have committed a “crime of moral turpitude.” Examples of such crimes are fraud, larceny, and crimes demonstrating an intent to harm persons or things. The same applies to aggravated felonies, such as murder, drug trafficking, money laundering, etc.

The only way that you may avoid deportation is by filing a waiver. With this, you may argue that you have lived in the United States for seven years or more, you have not committed a crime for the past 15 years or more, or otherwise.

With all that being said, you should not have to face deportation proceedings alone. Instead, you should seek the assistance of a skilled removal and separation defense lawyer in Milwaukee, WI. Contact Sesini Law Group, S.C. today.

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Usually, a visa is issued by an overseas United States embassy or consulate, in which you would present at the border or port of entry to be admitted into the country. But you may still wonder whether a visa can be issued within the country, as well. Follow along to find out whether you can apply for a visa while already in the United States and how a proficient family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help you understand your options.

What actions can I take with my visa?

Simply put, if your United States visa is set to expire soon, you must start making certain arrangements. This is because there may be harsh consequences coming your way if you are found to be illegally residing in the country. With that being said, you may be looking into taking any one of the following actions:

• You are looking to renew or extend your immigration status in the United States.
• You are looking to change your immigration status in the United States.
• You are looking to adjust your status to a permanent resident of the United States.

Can I apply for a visa when I am already in the United States?

Your eligibility to apply for a visa while you are already in the United States may depend on what action you are intending to take with your status.

For example, you may apply for a renewal or extension of your work visa (i.e., H-1B visa, L-1 visa, O visa, etc.) while remaining in the country. The same goes for your student visa (i.e., F-1 visa, M-1 visa, J-1 visa, etc). Of note, you are eligible so long as you submit your application before your permitted stay runs out.; along with not having violated the terms of your original visa or committed a crime during your stay.

Secondly, only certain visa types are eligible for a switch of status. For instance, you may easily change your student visa to an employment-based visa. On the other hand, you may not change your fiancé visa (K-1 visa), crew member visa (D visa), aliens in transit with or without a visa (C visa), etc. into a student visa.

Lastly, you may be able to complete the application process to adjust your status to a permanent resident while within the country’s borders. This is only possible if you are eligible for permanent residence; you are in the country on a valid visa; you have not stayed past the date you were supposed to leave; and you have not violated the terms of your original visa.

At the end of the day, if you are working toward a United States visa, you need one of the talented Wisconsin immigration attorneys by your side. Contact Sesini Law Group, S.C. to retain our services today.

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As an international student studying in the United States, your graduation date may approach more rapidly than you initially anticipate. So you must have a plan in place for when this day finally comes and your F-1 visa expires. This is especially the case if you wish to stay in the country. Read on to discover what your options are as an international student who wants to stay in the United States after graduation and how a seasoned adjustment of status – immigration attorney in WI, at Sesini Law Group, S.C., can help you in exploring them.

Is my F-1 visa still valid after graduation?

Of note, the United States Citizenship and Immigration Services offers an optional practical training program for international students on the F-1 visa. More specifically, this training program offers a means of temporary employment that may be directly related to your major area of study.

For example, if you are still pursuing your academic studies, you may participate in up to 12 months of pre-completion optional practical training. This is so long as you are lawfully enrolled on a full-time basis for one full academic year at a college, university, or equivalent education level that has been certified by the United States Immigration and Customs Enforcement Student and Exchange Visitor Program.

Similarly, if you have already graduated, then you may still be eligible for up to 12 months of post-completion optional practical training. This is so long as all your periods of pre-completion optional practical training are deducted from your available period of post-completion optional practical training. And most notably, if you have earned a degree in a certain science, technology, engineering, or math field, then you may be eligible to apply for a 24-month extension of your post-completion optional practical training.

What are my options as an international student who wants to stay in the United States after graduation?

If you are not eligible for the optional practical training program, then you may rest assured knowing that there are other methods for legally residing in the United States after graduation. Most of these options are non-immigrant visas, and they are as follows:

• Check your eligibility and apply for the non-immigrant H3 visa, trainee.
• Check your eligibility and apply for the non-immigrant H-1B visa, specialty occupation.
• Check your eligibility and apply for the non-immigrant R-1 visa, religious worker.
• Check your eligibility and apply for the non-immigrant E1/E2 visa.
• Check your eligibility and apply for the non-immigrant L-1 visa.
• Check your eligibility and apply as a non-immigrant obtaining a green card.
• Check your eligibility and apply for an employment-based visa.

There is no time like the present to get your legal matter in order. So pick up the phone and call a competent Wisconsin adjustment of status immigration attorney from Sesini Law Group, S.C. today. We are looking forward to it.

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As of June 1, the Department of Labor has begun accepting online Permanent Labor Certification (PERM) applications via their new Foreign Labor Application Gateway (FLAG) system. Follow along to find out what this new FLAG-based PERM system entails and how a talented work authorization permit lawyer in Milwaukee, WI, from Sesini Law Group, S.C., can help you understand how this may affect you.

What should I know about the new FLAG-based PERM system?

First of all, before the new FLAG-based PERM system was instilled, the Department of Labor was filtering applications through its legacy PERM portal. And now, with this transition, the Department of Labor is also using a new version of Form ETA 9089, otherwise known as the Application for Permanent Employment Certification.

This new version comes with more requirements for not only sponsored foreign workers but for their sponsoring employers. That is, sponsoring employers must provide more detailed information regarding their business operations and the like. Such revisions are as follows:

• Sponsoring employers are to disclose information regarding additional worksites, roving worksites, or telecommuting worksites.
• Sponsoring employers are to disclose information regarding the number of employees in the area of intended employment.
• Sponsoring employers are to disclose information regarding the sponsored foreign national’s qualifications.
• Sponsoring employers are to disclose information regarding their justification for including certain job requirements that the Department of Labor considers beyond what is typically expected.

Notably, this new version of Form ETA 9089 is already being used for Prevailing Wage Determination requests and nonimmigrant Labor Condition Applications.

How can a lawyer help me?

Firstly, if you are a sponsoring employer, it may take longer to gather, review, and submit this newly requested information. And if you are a sponsored foreign worker, it may take longer to prepare, review, and submit this new form. That said, a lawyer may be of assistance in expediting this process for you.

In addition, you must understand what it now means to have submitted your PERM application through the original legacy PERM portal before the switch on June 1. This means that the Department of Labor will still process your application through this old system.

However, they will likely not process applications through the new FLAG-based PERM system altogether until they have reviewed every last application in this old system. So, if you submitted your PERM application after June 1, this means that it may take longer to process. That said, a lawyer may be of assistance in ensuring you are on the right track toward starting work in the United States at the time you have planned for.

As you may likely conclude yourself, this new system may come with massive implications for your work authorization status. So you should not hesitate in reaching out to a talented work authorization permit lawyer in Milwaukee, WI from Sesini Law Group, S.C.

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Recently, congresswomen Rep. María Salazar and Rep. Veronica Escobar proposed a bipartisan immigration bill called The Dignity Act. Continue reading to learn more about what The Dignity Act entails and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you understand what this means for you.

What is there to know about the proposed bipartisan immigration bill?

Put simply, The Dignity Act may establish a 12-year, two-part path for individuals seeking legal status in the United States. But first, this proposed bipartisan immigration bill calls for the United States-Mexico border to be declared as secure before any individual on the path may obtain legal status. The main goal of this proposed bill is to allow border patrol agents to be given “dignity,” as they are said to be “overworked” and “underpaid.”

What are the provisions included in the bill?

Mentioned above are the goals that congresswomen Rep. María Salazar and Rep. Veronica Escobar have for the proposed bipartisan immigration bill. But the specific provisions that they have proposed read as follows:

• It may push the General Accounting Office to certify that border patrol has detected and taken in 90 percent of individuals crossing the United States-Mexico border illegally for the past year before they grant them legal status.
• It may push the Dignity Program, in which individuals who have been in the United States without legal status for the past five years may work and be protected from deportation for seven years (so long as they do not have a criminal record).
•  It may push individuals in the Dignity Program to get a 1.5 percent dignity levy on their paycheck, on top of taxes and a $5,000 fee.
• It may push individuals who finish the Dignity Program to obtain a Dignity Status, in which they may have an additional five years to work and stay in the United States or otherwise have their status renewed indefinitely.
• It may push individuals who finish the Dignity Program to enter a Redemption Program, in which they may spend five years learning English or United States civics, performing community service, or paying an additional $5,000 fee so to gain legal permanent residency status.
• It may push for an immediate protected status and a straightforward path toward legal status for Dreamers.
• It may push for protection from deportation for individuals who have experienced natural disasters or otherwise conflict in their native countries.
• It may push the asylum process to be expedited to 60 days.

Undoubtedly, the aftermath of such proposed provisions may affect your immigration status or otherwise. A skilled family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., is here whenever you are ready to initiate your immigration application. Simply contact our firm at your earliest possible convenience.

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