What Are the Rights and Responsibilities of a Work Visa Holder?

The United States Citizenship and Immigration Services (USCIS) will grant approximately 140,000 employment-based visas per year. Non-citizens often apply for this visa to either support their family or pursue a path toward citizenship. But regardless of the reasoning, obtaining this visa is a dream for many. Read on to discover the rights and responsibilities of a work visa holder and how a seasoned work authorization permit lawyer in Milwaukee, WI at Sesini Law Group, S.C. can help you understand this.

What are the rights of a work visa holder?

First of all, if you wish to be a work visa holder, you may file Form I-765, otherwise known as the Application for Employment Authorization. Or, if you are an alien, you may be able to request to be sponsored by a specific United State employer. This is so that you may work for the sponsoring employer later on. In addition, if the USCIS has not adjudicated your application within 90 days of receipt of a properly filed application or 30 days of receipt of a properly filed asylum-related application, you may be able to request an interim authorization. This is so that you may work for an interim of 240 days later on.

With all that being said, when the USCIS finally issues you your work permit, you will hold the legal right to work for any employer in the United States. However, you must note that this authorization will only be issued to you for a specific period.

What are my responsibilities after obtaining a work visa?

Once you obtain your work visa, you must understand that there are certain responsibilities you must follow so that you can maintain this status. Just some of the responsibilities that you may hold are as follows:

  • As a visa holder, now you must abide by all established federal and state laws.
  • As a visa holder, now you must act like a civil United States citizen.
  • As a visa holder, now you must never participate in any illegal practices.
  • As a visa holder, now you must provide valid information regarding your employment and personal information.
  • As a visa holder, now you must obtain legitimate employment.
  • As a visa holder, now you must file your taxes and do so on time.

To fully understand your duties as a work visa holder, it is wise to consult with a competent family immigration lawyer in Milwaukee, WI. We understand just how difficult it was to obtain this work permit, and we do not want it to slip away from you. So, whenever you are ready, pick up the phone and give our firm a call.

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What Should I Know About a Fiancé Visa?

If you are a United States citizen that is engaged to a non-citizen, then you may be wondering how they can be granted citizenship. Fortunately, this may be possible with a fiancé visa. Otherwise known as the K-1 nonimmigrant visa, this permits foreign-citizen fiancés to travel to the U.S. and marry a U.S. citizen sponsor within 90 days of their arrival. Read on to discover the process of obtaining a fiancé visa and how a seasoned fiancé visa lawyer in Milwaukee, Wisconsin at Sesini Law Group, S.C. can be with you step by step.

What are the qualifications for a fiancé visa?

First of all, it is important that you and your fiancé get married within those 90 days of their arrival. Otherwise, they will be required to leave the U.S. within 30 days. Otherwise, you and your fiancé must meet the following criteria to be eligible for a K-1 visa:

  • You must be a legal U.S. citizen (which does not include being a U.S. green card holder).
  • You must be earning at least 100 percent of the federal poverty guidelines when applying for the K-1 visa, and then 125 percent when your fiancé applies for their green card.
  • You and your fiancé must be single and eligible to get married under U.S. law (which includes same-sex couples).
  • You and your fiancé must provide divorce certificates or death certificates of your previous spouse if you were previously married.
  • You and your fiancé must provide proof of the authenticity of your marriage (i.e., photos, correspondence receipts, written statements from loved ones, etc).
  • You and your fiancé must provide proof of concrete wedding plans (i.e., invitations, venue reservations, a signed statement, etc).
  • You and your fiancé must provide proof of having met at least once within the past two years (i.e., photos).

What is the process for obtaining a K-1 visa?

Once you and your fiancé conclude that obtaining a K-1 visa is a viable possibility, then you may proceed with filing a petition. With this, your fiancé will have to undergo a medical examination and interview with their country. More specifically, in the interview, a consular officer will determine whether your fiancé knows enough information about you, your family, your past relationships, your employment, and other background information. In addition, they will asses how serious they are about the marriage, along with how genuine their moral character is.

This is just the tip of the iceberg when it comes to the fiancé visa application process. Meaning, you and your fiancé should not have to go through this alone. Instead, you must acquire a competent family immigration lawyer in Milwaukee, WI. Pick up the phone and give our firm a call today.

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What Is a United States Green Card?

You may have dreamed about becoming a resident of the United States for a long time. Luckily, you may be afforded this opportunity via a green card application. Continue reading to learn what exactly a United States green card is and how an experienced green card lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can help determine your eligibility and work through your filing process.

By definition, what is a United States green card?

Otherwise known as a United States Permanent Resident Card, a green card is an identification card that established your permanent resident status as an alien of this country. As a green card holder, you will be formally regarded as a lawful permanent resident of the United States.

Am I eligible for permanent resident status?

Rest assured, several circumstances may allow you to be eligible for permanent residency in the United States. Such circumstances read as follows:

  • Family-based circumstances: that is, you are the immediate relative of a United States citizen, and therefore you do not have to wait for a visa. As an “immediate relative,” you are either the parent of a citizen, a spouse of a citizen, or a child under the age of 21 of a citizen.
  • Employment-based circumstances: that is, you have an employment opportunity or a job offer in the United States, and therefore you are seeking resident status while still outside of the United States.
  • Refugee-based circumstances: that is, you have been admitted to the United States as a refugee or as a qualifying spouse or child of a refugee, and therefore you are seeking resident status one year after your entry date.
  • Asylee-based circumstances: that is, you have been admitted to the United States as an asylee or as a qualifying spouse or child of an asylee, and therefore you are seeking resident status one year after your entry date.

Importantly, if you do not fall under any of the above categories, then you still may be able to apply for a green card via a special program or otherwise a self-petition.

What should I do if my United States green card application gets denied?

In the unfortunate event that your green card application is denied, you must gain representation from a skilled green card lawyer in Milwaukee, WI. Our team will work to either file a motion to reopen your application or a motion to reconsider your application with the United States Citizenship and Immigration Services office. Ultimately, we will help you gather and present the necessary evidence to prove that the denial of your application was due to an inaccurate application of the law.

So, whenever you are ready, pick up the phone and give our firm a call.

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How Do I Renew My Employment Visa?

Say, for instance, that you currently reside in the United States based on your employment visa status. Well, this visa comes with an expiration that will prompt you to either renew it or return to your country of origin. Follow along to find out how to renew your United States work visa and how a proficient work authorization permit lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can help determine your eligibility.

Am I eligible to renew my work visa?

Before all else, you must determine whether you are eligible to renew your work visa at all. According to the United States Citizenship and Immigration Services (USCIS), you may qualify if you fall under the following categories:

  • You were lawfully permitted to enter the United States with a nonimmigrant visa status.
  • Your nonimmigrant visa status is still valid.
  • You do not have a criminal record or have committed any crimes that would make you ineligible for a United States visa.
  • You have not violated any of the conditions of your admission into the United States.
  • Your passport is valid and is set to remain valid duration the duration of your time in the United States.

How do I renew my work visa?

Once you have established that you are eligible to renew your work visa, you must take the proper steps toward doing so. The USCIS has an established process in place for filing such a request, and it reads as follows:

  1. You must fill out Form I-539, otherwise known as the Application to Extend/Change Nonimmigrant Status, in accordance with its stated instructions.
  2. You must submit the filing fee of $370, along with the biometric service fee of $85, if applicable.
  3. You must submit all required evidence and documentation, in accordance with the application’s stated instructions. Notably, different types of work visas may require different types of evidence.
  4. You must sign Form I-539 and file it with the correct location, in accordance with the application’s stated instructions.

Of note, if your spouse and/or unmarried children under 21 require a similar renewal of status, then you may include their names on your application.

Overall, it is important that you understand just how time sensitive this matter is. You must start this application process on or before your visa’s stated expiration date. Otherwise, you may suffer from consequences far worse than just being denied your request. For one, you may be deported from the United States. Or, you may even be permanently barred from returning to the United States.

If you require assistance with filling out this application correctly and timely, then you must consult with a talented work authorization permit lawyer as soon as possible.

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What Happens When a Non-Citizen Commits a Crime?

The process of applying to become a temporary or permanent resident of the United States is long and complicated. And if you are anything less than a model citizen, this process may become all the more difficult. If you are a non-citizen, follow along to find out what will happen if you commit a crime and how a proficient immigration criminal issues lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can defend you during this time.

As a non-citizen, what happens when you commit a crime?

Regardless of whether you are convicted of a felony or misdemeanor, any crime will put your legal immigration status at risk. This is even regardless of your efforts to expunge your crime from your record or reduce your sentence.

Notably, crimes are divided into two categories when it comes to immigration law: crimes of moral turpitude and aggravated felonies. For one, crimes of moral turpitude include fraud, larceny, and/or a crime demonstrating an intent to harm persons or things. Examples of such are as follows:

  • Crimes involving dishonesty and theft.
  • Assault with the intent to rob or kill.
  • Spousal abuse.
  • Driving under the influence of alcohol.
  • Drug conviction or even drug use.

On the other hand, aggravated felonies may even expedite your removal from the United States. Examples of such are as follows:

  • Murder.
  • Rape.
  • Drug or firearm trafficking.
  • Sexual abuse of a minor.
  • Child pornography.
  • Money laundering.
  • Espionage, sabotage, or treason.
  • Fraud or tax evasion involving more than $10,000.
  • Theft or otherwise a violent crime with a minimum one-year sentence.
  • Perjury with a minimum one-year sentence.

How can I avoid deportation after committing a crime?

If you are convicted of a crime of moral turpitude, then you may be able to apply for a deportation waiver. This waiver is essentially a request for an exception to an immigration ruling. Examples of some situations in which you may be granted a waiver are as follows:

  • You have not committed an aggravated felony.
  • You are not a threat to national security.
  • You have lived in the United States for at least seven years.
  • You were accused of having less than 30 grams of marijuana in your possession.
  • You were accused of prostitution or solicitation of prostitution.
  • You have not committed a crime in more than 15 years.

However, if you were convicted of an aggravated felony, it may not be possible to apply for a deportation waiver. However, one argument you can make is that you were tortured in your native country upon your return.

You must navigate this situation with caution to not jeopardize your opportunity for legal immigrant status. So, you must retain legal representation from a talented removal and deportation defense lawyer in Milwaukee, WI today.

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Read Our Latest Blog Posts

  •  What Are the Rights and Responsibilities of a Work Visa Holder?
  •  What Should I Know About a Fiancé Visa?
  •  What Is a United States Green Card?
  •  How Do I Renew My Employment Visa?