How Do I Apply for an EB-1 Visa?

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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What Happens During the Fiancé Visa Interview?

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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What Happens if My Visa Is Denied?

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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What Are Tips For Avoiding Deportation?

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

Understanding Why Deportation Happens in the United States

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

What Are Common Grounds That Can Lead to Deportation?

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

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

Criminal Grounds of Deportability

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

National Security and Public Safety Concerns

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

Immigration Status Violation

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

Proactive Steps You Can Take to Avoid Deportation in Wisconsin

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

Potential Paths to Strengthen Your Immigration Status

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

What Are Your Legal Options if Facing Removal Proceedings?

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

Waivers and Relief From Removal

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

How Can Arrests and Criminal Charges Impact Immigration Status?

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

Immigration Risks Associated with Arrests

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

Contact Our Wisconsin Immigration Attorneys Today

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

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How Long Is the H-1B Visa Processing Time?

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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What Is a Battered Spouse Petition?

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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Can I Appeal a Denied Family Immigration Application?

You may have made the slightest error in your initial family immigration application. For example, you may have accidentally paid less than the required filing fee or forgotten to have attached a required document. Unfortunately, the United States Citizenship and Immigration Services (USCIS) practices minimal leniency with such mistakes, thereby making it likely that it will deny your petition. Rest assured, you may get a second chance. Continue reading to learn your chance to appeal a denied application and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can fight for your legal entry into the United States.

Is it possible to appeal a denied family immigration application?

The short answer is, yes, you may have the opportunity to appeal your denied family immigration application by filing Form I-290B, Notice of Appeal or Motion. More specifically, this form may be used to file an appeal to the Administrative Appeals Office (AAO) or file a motion to reconsider or reopen your case with the USCIS.

By requesting an appeal, you are essentially requesting that a different authority review the decision that was made for your initial family immigration application. On the other hand, requesting a motion to reconsider means that you are requesting a review of the decision but now with a new legal argument in mind. Then, a motion to reopen means that you are requesting a review of the decision but now with new evidence at play.

This is all to say that filing an appeal, a motion to reconsider, and a motion to reopen are not the same thing. So upon submitting Form I-290B, you must specify which action you wish to pursue. You do not want to make an error once again.

Lastly, it is worth mentioning that you may only have 30 calendar days from the date you received this adverse decision to take such action.

Under what circumstances should I not use Form I-290B?

You must understand that Form I-290B is not the universal solution for all denied family immigration applications. That is, the AAO or USCIS may not take this form as an acceptable petition if any of the below circumstances apply to you:

  • The family immigration application you initially submitted was Form I-700, Application for Temporary Resident Status as a Special Agricultural Worker.
  • The family immigration application you initially submitted was denied by a Department of State overseas consular officer.
  • The family immigration application you initially submitted was denied by an immigration judge.
  • The family immigration application you initially submitted was as a beneficiary of a petitioner.

You must not stand idly by if the USCIS wrongly denies your initial application. Rather, you must take immediate action and retain the services of a skilled Milwaukee, WI family immigration lawyer. Contact Sesini Law Group, S.C. today.

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How Can I Prepare for an Immigrant Visa Interview?

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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What Does Public Charge Mean?

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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What Is An Affidavit of Support in Immigration Cases?

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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Can I Sponsor My Sibling for Immigration?

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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What Is a Conditional Green Card for a Spouse?

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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What Are the Steps of Filing for a Relative’s Visa?

Once you solidify your standing as a United States citizen or lawful permanent resident, you may want your relatives to be given the same opportunity. Personally going through the application process with the United States Citizenship and Immigration Services (USCIS) may allow you to understand just how complex and time-consuming it may be. This is why, understandably so, you may want to do everything in your power to help simplify it for your loved ones. Continue reading to learn what steps you should take for your relative’s visa and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can guide you through it all.

How can I help my relative become a United States citizen?

Namely, you may file Form I-130, Petition for Alien Relative, on behalf of your loved one so long as you are a United States citizen or lawful permanent resident. Further, the USCIS only views the following individuals as eligible relatives under Form I-130:

  • Your spouse.
  • Your married children who are of any age.
  • Your unmarried children who are under the age of 21.
  • Your unmarried children who are 21 years of age or older.
  • Your siblings who are 21 years of age or older.
  • Your parents who are 21 years of age or older.

It is worth mentioning that, as a lawful permanent resident, you may only file on behalf of your spouse or unmarried children.

What steps should I follow for filing a relative’s visa?

It should go without saying that you must be very meticulous when filling out Form I-130 on behalf of your loved one. Without further ado, to strengthen your relative’s chances of retaining a United States visa, it is in your best interest to follow the below steps:

  1. Provide an answer to each question posed throughout the form.
  2. Provide your signature wherever it is asked throughout the form.
  3. Provide your USCIS Online Account Number, if you have one.
  4. Offer your biographic information (i.e., ethnicity/race, height, weight, eye color, hair color, etc).
  5. Offer the beneficiary’s personal information (i.e., legal name, date of birth, residential address, marital status, etc).
  6. Supply documents that show that you are a United States citizen (i.e., your unexpired United States passport) or lawful permanent resident (i.e., your permanent resident card).
  7. Supply documents that show the relationship between you and the beneficiary (i.e., if it is your spouse, supply your marriage certificate).
  8. Supply a full English translation for documents written in a foreign language, alongside a translator’s signature.
  9. Pay the filing fee of $535 via check or money order made payable to the United States Department of Homeland Security.
  10. Drop off the form at the USCIS’s Chicago, Dallas, or Phoenix lockbox; or at the USCIS’s international office in your current country.

All in all, to successfully earn your relative a visa, you must turn to a skilled Milwaukee, WI family immigration lawyer. So please get in touch with us at Sesini Law Group, S.C. as soon as you get a free chance.

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What Mistakes Should I Avoid When Applying for an H-1B Visa?

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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Can I Apply for a U.S. Visa if I Am a Victim of Political Persecution?

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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Can I Obtain a Visa for Medical Treatment in the U.S.?

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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What Should I Do if I Lost My Green Card?

Just like you may carry your driver’s license, credit cards, health insurance cards, and other forms of identity in your wallet, it is equally important to have your green card with you at all times. And if you happen to misplace your green card, you must take immediate measures to track it down or otherwise replace it. Continue reading to learn what to do if you have lost your green card and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you obtain a replacement.

Why is it important to always have your green card on hand?

As you may already know, your green card is the one piece of physical evidence that demonstrates your legal right to reside and work in the United States. Therefore, losing this card may have your presence in the country put into question. What’s more, it may lead to the following setbacks:

  • You may have trouble re-entering the country after traveling abroad.
  • You may have trouble obtaining a loan for a house in the country.
  • You may have trouble obtaining employment with a United States employer.
  • You may have trouble renewing your driver’s license in the state of Wisconsin.

What should I do immediately after I have lost my green card?

As soon as you have realized that you lost your green card, you must begin filling out Form I-90, Application to Replace Permanent Resident Card. However, if you are outside of the United States at the time, then you must fill out Form I-131A, Application for Carrier Documentation. This is so you may obtain temporary travel documentation to board a transportation carrier and return to the country.

What does the application process entail for a green card replacement?

Of note, after submitting Form I-90, it may take over eight months to receive your replacement green card. So if urgent circumstances require you to receive it sooner, then you may take steps to obtain temporary proof of your permanent resident status in the meantime. These steps read as follows:

  1. Submit Form I-90 to the United States Citizenship and Immigration Services (USCIS), alongside a $540 filing fee.
  2. In the meantime, schedule an “ADIT Stamp” appointment with the USCIS.
  3. Attend your appointment with the USCIS and bring the following pieces of proof:
    • Your unexpired passport from your home country.
    • Your Form I-90 receipt number.
    • Your alien registration number.
    • A copy of your most recent green card and its expiration date.
    • Any relevant evidence regarding your urgent need for temporary proof of your permanent resident status (i.e., airline ticket, mortgage documents, job offer letter, expired driver’s license, etc).

We believe that legal guidance from a skilled Milwaukee, WI family immigration lawyer is the best fit for you during the application process. So please get in touch with Sesini Law Group, S.C. as soon as you can.

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Can I Obtain a Visa for My Same-Sex Partner?

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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How Can I Obtain a Visa Through a Religious Worker Program?

Say, for instance, that you wish to temporarily, legally stay in the United States. More specifically, say that the reason for your stay is to work in some sort of religious capacity. Well, this may constitute an R-1 visa, otherwise known as a temporary religious worker visa. Read on to discover how to obtain a visa through a religious worker program and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can take you step by step.

What makes me considered a temporary religious worker?

Of note, the United States Citizenship and Immigration Services (USCIS) enforces strict guidelines for what is considered a temporary religious worker. These guidelines read as follows:

  • You must be planning to work at least part-time, with an average of at least 20 hours per week.
  • You must be planning to work as a minister or in another type of religious vocation or occupation.
  • You must be employed by a non-profit religious organization or otherwise an organization affiliated with your religious denomination.
  • You must be a member of the same religious denomination as the religious organization you intend to work for, for at least two years prior.

If you do not fall in line with these guidelines, then you may rest assured knowing that you may still apply for a temporary stay in the United States. That is, you may petition for a visitor visa, otherwise known as a B-2 visa. Within your application, you may explain that you wish to visit the country for any of the following reasons:

  • You wish to participate in informal religious study.
  • You wish to attend religious services or conferences.
  • You wish to perform missionary or voluntary religious services.

What steps can I take to obtain a visa through a religious worker program?

If you proceed forward with applying through a religious worker program, then you must take the following steps:

  1. You must fill out Form DS-160, Online Nonimmigrant Visa Application, and submit it to the USCIS.
  2. You must upload your photo with the online application, in a format accepted by the photograph requirements.
  3. You must supplement your online application with its required fee, which is approximately $185.
  4. You must schedule an interview at the United States Embassy or Consulate in the country where you live.
  5. You must gather and prepare the required documentation for your interview:
    • Your passport.
    • A printed copy of your online application.
    • A printed copy of your photo upload.
    • A printed receipt of your fee payment.
    • Any other documentation that is requested of you.

With taking all these steps into account, you must not wait too long to retain the services of a competent Milwaukee, WI work authorization permit lawyer. So please call Sesini Law Group, S.C. at your earliest possible convenience.

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What Happens if I Overstay My Visa?

Understandably so, you might not want your stay in the United States to come to a close. However, you must not overstay your welcome in this country, as an unauthorized stay may lead to serious legal trouble. Continue reading to learn how long you are supposed to stay in the United States and how an experienced adjustment of status – immigration attorney in WI, at Sesini Law Group, S.C., can help if you accidentally overstay your visa.

How long I am allowed to stay in the United States?

First of all, if you are concerned about your allowed stay in the United States, you are likely to hold a B-1 or B-2 tourist visa. In this case, your authorized period of stay may be issued to you by a Customs Border Protection Officer upon your entry into the country. More specifically, this period may be disclosed on Form I-94, Department of Homeland Security Arrival/Departure Record, which may be attached to your non-immigrant visitor’s passport. Generally speaking, you may be allotted a 180-day stay with this visa type.

On the other hand, say that you do not hold any visa type but you are simply visiting the United States for either business or tourism purposes. Well, you may still legally stay in the country, but it is limited to 90 days. This opportunity is made possible due to the country’s Visa Waiver Program.

What are the consequences if I overstay my visa?

It may be wise of you to use your authorized period of stay to work on your Change of Status or Extension of Stay application. In other words, you cannot only start working on this application when your time in the United States is close to expired and risk overstaying your visa. Rest assured, you may be granted permission to remain in the country past your authorized stay so long as your Change of Status or Extension of Stay application is pending.

Ultimately, if you stay for longer than your 180-day deadline with no pending application, you may be up against serious legal consequences. Examples are as follows:

  • Your current visa may be automatically revoked or canceled without a chance of obtaining a new one.
  • You may not have a chance to apply for a Change of Status or Extension of Stay indefinitely.
  • You may be removed from the United States without any chance of returning for three to 10 years.
  • You may become ineligible to receive a visa anywhere besides your country of nationality.

So when it comes to your Change of Status or Extension of Stay application, there is no question that a skilled Wisconsin adjustment of status immigration attorney is the best fit for you. Please contact Sesini Law Group, S.C. at your earliest possible convenience.

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Can I Work in the U.S. on a Student Visa?

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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How Do Temporary Protected Status Programs Work?

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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What Is the K-1 Visa Process Like?

If you currently reside in a foreign country but are now engaged to a United States citizen, your fiancé may serve as your sponsor throughout the K-1 visa process. Otherwise known as the fiancé visa, follow along to find out what the K-1 visa process entails and how a proficient fiancé visa lawyer in Milwaukee, Wisconsin, at Sesini Law Group, S.C., can lead you through every step of the way.

What does the K-1 visa process entail?

Like every other visa application, the K-1 visa process entails many steps. Below is a general sequence of steps you may have to follow:

  1. Your fiancé must petition on your behalf by filing Form I-129F, Petition for Alien Fiancé, with the United States Citizenship and Immigration Services (USCIS).
  2. If approved, the USCIS will send the petition to the National Visa Center (NVC).
  3. Then, the NVC will give you a case number and send your petition to the United States Embassy or Consulate where you currently reside.
  4. From here, you must collect and prepare the required documentation for your K-1 visa interview.
  5. In the meantime, you must schedule and complete a medical examination and fulfill vaccination requirements.
  6. Lastly, you must schedule and attend your K-1 visa interview with a USCIS officer.

What questions can I expect to be asked at the fiancé visa interview?

First of all, you may assume that it is best to attend your visa interview alongside your fiancé, to prove that you are a united front and have a very real relationship. However, your fiancé is prohibited from attending this interview. This is because their presence may affect how you answer the interview questions, and they may even be tempted to answer on your behalf.

Rest assured, there are ways in which you may properly prepare to enter this interview on your own. One way is by practicing your answers to interview questions that might be posed to you by a USCIS officer. Below is a list of questions that are commonly asked in this interview:

  • Questions about yourself:
    • What is your nationality and what languages do you speak?
    • Have you ever been to the United States? If so, when?
    • Do you have family in the United States? If so, who?
    • Have you ever applied for a K-1 visa in the past? If so, when?
  • Questions about your fiancé:
    • Where does your fiancé currently live?
    • What does your fiancé do for work?
    • Has your fiancé ever been married before? If so, with whom?
    • Does your fiancé have any children? If so, what are their names?
  • Questions about your and your fiancé’s relationship:
    • Where did you and your fiancé meet?
    • How long have you and your fiancé been together?
    • Where did you and your fiancé get engaged?
    • Where and when do you and your fiancé plan to get married?

You must not question your instinct to retain the services of a talented family immigration lawyer in Milwaukee, WI. Our team at Sesini Law Group, S.C. will work to determine which legal option best suits you.

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What Are the Different Types of Work Visas?

You may wish to gain authorized work during your stay in the United States. Though it may seem like contributing to the country’s workforce will be easily welcomed, the work authorization application may beg to differ. Follow along to find out the different types of work visas and how a proficient work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help determine which type is best suited for you.

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

Below are just a few examples of the different types of work visas offered by the United States Citizenship and Immigration Services (USCIS):

  • Types of temporary non-immigrant work visas:
    • An H-1B visa is designated for individuals in a specified field with specialized knowledge, a certain educational degree, or an equivalent.
    • An L-1A visa is designated for individuals at an executive or management level who are temporarily transferring within their company.
    • An O visa is designated for individuals with extraordinary and exceptional abilities and achievements in the arts, athletics, business, education, science, etc.
  • Types of permanent worker visas:
    • A first preference EB-1 visa is designated for individuals with extraordinary ability in the arts, athletics, business, education, science, etc.
    • A second preference EB-2 visa is designated for individuals who hold an advanced degree or foreign equivalent, who have at least 10 years of experience in their field, and whose employment is of national interest.
    • A third preference EB-3 visa is designated for individuals who hold a bachelor’s degree or foreign equivalent and who have a non-temporary offer of employment by a U.S. employer.
  • Types of student and exchange visitor visas:
    • An F-1 visa is designated for individuals who are enrolled at accredited academic institutions.
    • An M visa is designated for individuals who are enrolled at vocational or other recognized nonacademic institutions.
    • A J visa is designated for individuals who are involved in work- and study-based programs (i.e., au pairs, camp counselors, interns, etc).

What are the different applications for work visas available in the United States?

Once you determine the type of work visa you should pursue, you must then determine the appropriate application to fill out. This is because the USCIS may require that you fill out a specific type of application based on the specific work visa of interest. Examples are as follows:

  • For a temporary non-immigrant work visa: you must fill out Form DS-160, Nonimmigrant Visa Application.
  • For a permanent worker visa: you must fill out Form I-765, Application for Employment Authorization.
  • For a student or exchange visitor visa: you must fill out Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.

For these reasons alone, you must consult with a talented work authorization permit lawyer in Milwaukee, WI immediately. Our team at Sesini Law Group, S.C. is happy to advise you.

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Can I Change Employers While on a Work Visa?

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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What Happens if My Work Visa Application is Denied?

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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How Can I Appeal a Deportation Order?

You may have finally started to grow roots in the United States and make this a home for yourself and your family. So it is nothing less than devastating when you receive a deportation order. In a case like this, you cannot quietly leave the country, but rather lawfully fight for your rights through an appeal. Follow along to find out how to appeal a deportation order and how a proficient waivers of inadmissibility attorney in Wisconsin, at Sesini Law Group, S.C., can come to your defense.

What approach should I take to appeal a deportation order?

First of all, you may receive a deportation order from an immigration judge if they believe that you participated in criminal activities; you are a threat to public safety; or that you otherwise violated your visa.

However, before they order the United States Immigration and Customs Enforcement (ICE) and Enforcement and Removal Operations (ERO) to take you away, you must tell the judge that you reserve your right to appeal. From here, you must fill out Form EOIR-26, Notice of Appeal, which should entail the following contents:

  • Your legal name.
  • Whether or not you are currently detained.
  • The city and state in which your last hearing took place.
  • The decision in which you are appealing.
  • A detailed explanation as to why you are appealing this decision.
  • Whether or not you desire an oral argument before the Board of Immigration Appeals.
  • Whether or not you intend to file a separate written statement after filing this form.
  • Your signature.
  • Your mailing address.
  • Your attorney’s mailing address.
  • Your proof of service.

Importantly, you must send out this form as soon as possible, as the Board of Immigration Appeals must receive it within 30 days of the immigration judge’s decision. Otherwise, the judge’s decision becomes final and you will ultimately be removed from the country. It is also worth mentioning that, alongside your form, you must attach a $110 check or money order payable to the United States Department of Justice.

How can an attorney come to my defense?

There is not a conceivable instance in which legal advisement and representation during your appeals proceedings would be discouraged. Nonetheless, an attorney may support you in the following ways:

  • An attorney may understand the best way to fill out Form EOIR-26, Notice of Appeal.
  • An attorney may understand the laws in your favor that can be referenced in your defense.
  • An attorney may understand how to negotiate with the immigration judge and other legal authorities.
  • An attorney may understand how your appeals proceedings may play out and how to properly prepare for it.

You must tackle your deportation appeal as soon as possible. So call a talented Milwaukee, WI removal and deportation defense lawyer from Sesini Law Group, S.C. today.

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Can I Apply for U.S. Citizenship While Inside the Country?

You may already possess a green card that allows you to travel between the United States and your home country. However, this does not mean that you should utilize this benefit, and live in both places, when you are ready to apply for citizenship. This is because there are strict requirements surrounding Form N-400, Application for Naturalization. Follow along to find out how to apply for United States citizenship while inside the country and how a proficient N-400 application lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you take strategic steps.

Can I apply for citizenship while still inside the United States?

It is not only encouraged to stay inside the United States while applying for citizenship, but it is required. That is, as an N-400 applicant, you are required to prove your continuous residence and physical presence within the country.

As far as continuous residence goes, you must prove that you have maintained residence within the United States for at least five years preceding your application. Or, if you are a qualified spouse of a United States citizen, this duration must be at least three years. Of note, an extended absence of six months to one year may disrupt what constitutes your continuous residence, unless you can prove otherwise.

On the other hand, you must prove that you were physically present in the United States for the past 30 months within the five years preceding your application. And if you are a qualified spouse of a United States citizen, this duration is 18 months. What’s more, you must have lived in the United States district or state where you claim to have residency for the past three months immediately preceding your application.

What else should I keep in mind when applying for citizenship?

In addition to showing your continuous residence and physical presence, your N-400 application requires you to meet other requirements. They are as follows:

  • You must take a naturalization test that includes reading, writing, and civics sections.
  • You must attend a naturalization interview with a United States Citizenship and Immigration Services (USCIS) officer.
  • If you are a qualified spouse of a United States citizen, you must bring a valid marriage license to your naturalization interview.

Lastly, while it is in your best interest to remain in the country while your application is processed, we understand that there may be extenuating circumstances that may require you to travel. So, in the meantime, you may file for employment authorization and advance parole so that you may work and travel to and from the United States.

You cannot ignore your naturalization application for much longer. Instead, you must retain the services of a talented U.S. naturalization lawyer in Milwaukee, WI, from Sesini Law Group, S.C., today.

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What Should I Know About Israel’s Designation in the VWP?

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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How Can I Sponsor a Family Member for Immigration?

You may wish that your loved ones lived in the United States alongside you. Luckily, as a citizen or a lawful permanent resident of the United States, you may have the opportunity to make this wish a reality. Follow along to find out how to sponsor a family member for immigration and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help make this possible.

What categories of family members am I allowed to sponsor?

Essentially, your status in the United States may influence whether your family members may receive a status themselves via sponsorship. More specific examples are as follows:

  • If you are a United States citizen at least 18 years of age or older:
    • You may petition for your spouse as an immediate relative.
    • You may petition for your minor, unmarried children as immediate relatives.
    • You may petition for your adult, married children as preference relatives.
  • If you are a United States citizen at least 21 years of age or older:
    • You may petition for your parents as immediate relatives.
    • You may petition for your siblings as preference relatives.
  • If you are a United States permanent resident:
    • You may petition for your unmarried children as preference relatives.
    • You may petition for your spouse as a preference relative.

It is worth mentioning that there is an unlimited number of visas available in the “immediate relative” category. Contrastingly, there is a limited number of visas in the “preference relative” category offered each year.

How can I sponsor a family member for a green card?

Once you confirm that you qualify to be a sponsor, and that your family member is eligible for sponsorship, you may proceed forward with the application. To formally sponsor a family member, you must first fill out and submit Form I-130, Petition for Alien Relative, to the United States Citizenship and Immigration Services (USCIS).

Your application must be supplemented with evidence of your citizenship or permanent resident status (i.e., birth certificate, passport, etc). This should be alongside proof of the type of relationship you share with the family member (i.e., a marriage certificate, your family member’s birth certificate, etc). This is not to mention the filing fee of $535.

Importantly, you must fill out a separate form for each family member. However, you must ensure that your financial status allows you to sponsor multiple family members. This is because you must prove to the USCIS that you can support your family member(s) enough to ensure that they will not become a public charge (i.e., require means-based public assistance). This is squared away visa Form I-864, Affidavit of Support.

Overall, you must be proactive in pursuing this application. This all starts with retaining the services of a talented Milwaukee, WI family immigration lawyer. Contact Sesini Law Group, S.C. today.

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What Are the Requirements For Obtaining a Visa Through VAWA?

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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How Can I Bring My Adopted Child to the United States?

You may consider your adopted child as your own. Still, there may be specific requirements upon their allowance to enter the United States alongside you. Continue reading to learn how to legally bring your adopted child to the United States and how an experienced family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help administer this process.

How can I legally bring my adopted child to the United States?

If a child you adopted, or intend to adopt, is residing outside of the United States, then they will require an immigrant visa to legally enter the country. This immigrant visa may be used by the United States Department of State at the embassy or consulate in the country in which the child resides.

But depending on the certain circumstances surrounding your child’s home country, adoption status, etc., they may require a certain immigrant visa type. Examples are as follows:

  • An IH-3 visa: this is if your child underwent a final adoption from a Hague Convention country.
  • An IH-4 visa: this is if your child is from a Hague Convention country and is to be adopted in the United States.
  • An IR-3 visa: this is if your child underwent a full and final adoption in a foreign country; and if you physically saw and observed your child prior to or during your adoption proceedings.
  • An IR-4 visa: this is if your child is from a foreign country and is to be adopted in the United States; and if you did not physically see or observe your child prior to or during your adoption proceedings.
  • An IR-2 visa: this is if your child was adopted before their 16th birthday; and was in your legal custody or jointly resided with you for at least two years.

What else should I know about my child’s citizenship?

Now that you are versed in the types of immigrant visas for adopted children, you must understand which one makes your particular child eligible for citizenship. That is, the eligibility criteria are as follows:

  • For IR-3 and IH-3 visas: this may make your child eligible for citizenship if they are admitted to the United States as a lawful permanent resident prior to their 18th birthday; and if they are under your legal and physical custody as a citizen parent.
  • For IR-4 and IH-4 visas: this may make your child eligible for citizenship if they become permanent residents upon admission; and then automatically acquire citizenship on the date of their adoption in the United States.
  • For IR-2 visas: this may make your child eligible for citizenship after their admission if they reside with you in the United States.

There is no time like the present when applying for your child’s citizenship. So reach out to a skilled family immigration lawyer in Milwaukee, WI, from Sesini Law Group, S.C., today.

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How Can I Obtain a Visa for Extraordinary Ability?

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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What Are the Requirements for a U.S. Visa Through Investment?

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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Can I Apply for a U.S. Visa if I Have a Criminal Record?

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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What Are the Pathways to Obtaining a Green Card?

Obtaining permanent resident status in the United States is something that many immigrants wish for. There may be different ways in which you may be eligible to obtain a green card, along with different approaches for applying for one. Follow along to find out the different pathways for obtaining a green card and how a proficient green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can point you in the right direction.

What are the different pathways to obtaining a green card?

Notably, the United States Citizenship and Immigration Services (USCIS) acknowledges three different pathways to obtaining a green card. They are as follows:

  • Family-based green card: this is intended for immediate relatives of United States citizens (i.e., parents, spouses, or unmarried children under the age of 21) that do not have to wait for a visa.
  • Job- or employment-based green card: this is intended for individuals outside of the country who have a qualifying job offer or otherwise employment inside the country.
  • Refugee- or asylum-based green card: this is intended for refugees, spouses of refugees, children of refugees, or individuals who were granted asylum in the United States for at least one year.

How do I apply for a green card?

If you qualify for a family-based, job/employment-based, or refugee/asylum-based green card in the United States, then you must properly petition for it. That is, you must submit an Adjustment of Status Application, along with all the necessary documentation that it must be supplemented with. You may even be required to attend a biometrics exam and a formal interview with a USCIS officer. And if you wish to work or travel to and from the United States before your application is approved, then you may also have to file an employment authorization form.

Unfortunately, submitting your petition for a green card does not automatically guarantee you are going to receive one. These are a hot commodity, which is why there is an annual green card lottery. This system is administered by the United States Department of State through the Diversity Immigrant Visa Program. It makes up to 50,000 immigrant visas available each year, which are randomly selected from all entries. To be eligible for a green card via this lottery, you must meet the following criteria:

  • You must have had one of the 50,000 entries that were drawn in this lottery.
  • You must have been admissible to the United States at the time of the drawing.
  • You must have had an immigrant visa immediately available at the time of the drawing.

You must make a valiant effort toward submitting your green card application. Reach out to a talented Milwaukee, WI family immigration lawyer at Sesini Law Group, S.C. to learn how to get started on this process.

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Can I Apply for a Visa While Already in the United States?

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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How Do I Appeal a Denied Immigration Application?

You may have worked tirelessly on your immigration application before submitting it to the United States Citizenship and Immigration Services (USCIS). We understand just how time-consuming this may have been, especially if English is not your native language. Therefore, we understand just how disappointed you may be if the USCIS ultimately denied your visa petition. Rest assured, you may still have a second chance of a United States citizenship. Continue reading to learn how to file an appeal for a denied immigration application and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can guide you through this process.

Why was my visa petition denied?

The USCIS is notorious for its strict guidelines surrounding visa petitions. So there may be varying reasons why yours was denied, and some possibilities are provided below:

  • The USCIS officer may hold that you did not provide all the information on your application necessary to determine your eligibility for United States citizenship.
  • The USCIS officer may hold that the provided information on your application indicates that you fall under one of the inadmissibility or ineligibility grounds for United States citizenship.
  • The USCIS officer may hold that you did not pay the fees necessary to supplement your application for United States citizenship.
  • The USCIS officer may hold that you do not qualify for the specific visa category for which you applied.

How do I file an appeal for a denied immigration application?

Generally, individuals whose immigration applications are denied file Form I-290B, Notice of Appeal or Motion. This is useful if you wish to submit an appeal with the Administrative Appeals Office or file a motion with the USCIS office that issued the latest decision in your case. But there may be a different appeals process for the different types of immigration application offerings. They are as follows:

  • If you submitted Form N-400, Application for Naturalization: you may have to file Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336.
  • If you submitted Form I-130, Petition for Alien Relative: you may have to file Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer.
  • If you submitted Form I-140, Immigrant Petition for Alien Worker, or Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant: you may have to file Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act.

The bottom line is, if you are being denied citizenship from the USCIS, then you need a skilled Milwaukee, WI family immigration lawyer in your corner. Call or send a message to Sesini Law Group, P.C. today. We look forward to hearing from you.

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What Are the Consequences of Overstaying a Visa?

Your authorized period to stay in the United States may come to an end quicker than you initially anticipated. With this, you must have a concrete plan for what your next move is going to be. In other words, you must make a concerted effort to not remain in the country illegally. Continue reading to learn the consequences of overstaying a visa in the United States and how an experienced I601A waiver lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you figure out how to legally stay.

What are the consequences of overstaying a visa in the United States?

First of all, you must make note of the authorized period of stay that was issued to you by a Customs Border Protection officer on your I-94 record. Or, you may have to reference the date on which your status expires that was determined by the United States Citizenship and Immigration Services within your Change of Status or Extension of Stay application. From here, you cannot be unlawfully present in the country for more than 180 days after this established deadline.

This is because, if you disregard this date, you may be facing serious consequences. Just some examples of how you may be punished for overstaying your nonimmigrant visa in the United States are as follows:

  • You may be barred from returning to the United States for anywhere between three to 10 years, depending on how long you had an unlawful presence in the country.
  • You may be barred from applying for an Adjustment of Status in the United States indefinitely, even if you are otherwise eligible for it.
  • You may be barred from applying for an Extension of Stay in the United States indefinitely.
  • You may be barred from applying for a new visa anywhere besides your country of nationality.
  • You may have your existing visa revoked or canceled automatically.

What should I do if I wish to remain in the United States?

We understand just how eager you may be to become a permanent resident of the United States. But it is crucial that you go through the right procedures to legally remain in the country. More specifically, you must apply for permanent residency from outside of the United States at a consulate.

However, say that, for instance, the damage has already been done and you have had a three- to 10-year bar inflicted onto you. This is when you may apply for the 601-A waiver, which is essentially an application to waive the grounds of your inadmissibility.

If extending your stay in the United States is something that you are interested in, then you must retain the services of one of the skilled Wisconsin immigration attorneys from Sesini Law Group, S.C. today. We await sitting down with you at your initial consultation.

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What Are the Options for an International Student After Graduation?

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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What Is Consular Processing for an Immigrant Visa?

Say, for instance, that your loved one recently became a lawful permanent resident of the United States and that you wish the same for yourself. Well, one initiative you may take to achieve this is by undergoing consular processing from the United States Department of State consulate. For this, there is a certain procedure that you must follow. Follow along to find out what is consular processing for an immigrant visa and how a proficient green card lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can take you step by step.

By definition, what is consular processing for an immigrant visa?

First of all, consular processing is applicable if you are currently residing outside of the United States. This is because you may apply for an immigrant visa while abroad. And if successful, the United States Department of State consulate may admit into the United States with permanent resident status.

But if you are already residing in the United States, then you may not have to depart to your home country to apply for an immigration visa. You may go through the adjustment of status process, instead.

What are the steps for this processing?

As you may likely conclude yourself, obtaining permanent resident status in the United States is no easy feat. So if you want to enter the country as soon as possible to reunite with your loved one, then you must follow diligently follow a certain set of steps. These steps are as follows:

  1. Confirm that you are eligible to apply for permanent resident status in the first place (i.e., you may qualify if your loved one files a petition on your behalf).
  2. Confirm that your loved one is filing all the necessary documentation for Form I-130, Petition for Alien Relative, on your behalf.
  3. Wait to see if the petition is approved, which the United States Citizenship and Immigration Services (USCIS) will then send to the Department of State’s National Visa Center (NVC).
  4. Wait to hear back from the NVC, which will then notify you and your loved one when your immigrant visa number becomes available.
  5. Anticipate for the consular office to schedule you for an interview, which they will use to determine whether you are eligible for an immigrant visa.
  6. Pay the USCIS immigrant fee after you receive your visa packet and before you depart for the United States.
  7. Check for your green card to arrive in the mail within 45 days of your arrival in the United States.

Aside from the provided example of family-based immigration petitions, you must understand that consular processing may be conducted for employment-based immigrant petitions, special categories, and humanitarian programs, as well.

Regardless of what your specific circumstances are, you must not second-guess your instinct to retain the services of a talented Wisconsin family immigration lawyer from the Sesini Law Group, P.C. Schedule your initial consultation with our firm today.

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What Understanding Should I Have of the H-1B Visa?

You may be certain that you want to be approved to obtain employment in a United States-based company. But what you may not know is that there are multiple work authorization visas to choose from. With this, you must go down the path that best suits your situation and your field of work. For one, you may place an H-1B visa as your best bet. Continue reading to learn what understanding you should have of the H-1B visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C. can help educate you.

What general understanding should I have of the H-1B visa?

First of all, you must have a general understanding of what an H-1B visa is. This is a type of nonimmigrant, employment-based visa reserved for individuals who are able and willing to perform specialty services in the United States workforce.

That said, to qualify for “specialty services,” an individual must have a bachelor’s degree or an equivalent higher degree, along with the experience necessary to take on a job that cannot be done by just any individual. Examples of such jobs include accountants, college educators, engineers, physicians, psychologists, and more.

What’s more, to qualify for an H-1B visa, you must have received an offer from a United States employer for a job that matches these “specialty services” requirements. Of note, this subsequently means that a petition may only be filed by a prospective employer. It is only under rare circumstances that you may be able to self-petition for an H-1B visa.

What else should I know about the H-1B visa?

There are some limits on the H-1B visa regarding how many individuals may apply and when they may apply. Without further ado, below are some other snippets of information that you should know before applying:

  • There is a cap that limits the number of H-1B visas that can be issued in a year, which Congress currently holds at 65,000 slots.
  • In addition to the 65,000 slots, there are an additional 20,000 visas available to applicants with a United States master’s degree or higher degree from a reputable institution, for a total of 85,000 slots.
  • Exempt from the cap limits are petitions to transfer H-1B jobs, petitions to extend H-1B status, or petitions within certain areas of employment.
  • The time to apply for an H-1B visa starts on the first business day in April and until 85,000 petitions have been collected or seven days have passed.

You must understand that there are certain laws in place to make your United States work authorization possible. So please do yourself a favor and retain the services of one of the skilled Wisconsin immigration attorneys from Sesini Law Group, S.C. today.

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How Should I Best Prepare for My Immigration Interview?

There is a lot on the line when it comes to your immigration interview with a United States Citizenship and Immigration Services (USCIS) official. That is, the official’s impression of you may just make or break your chances of eventually becoming a citizen of the United States. Follow along to find out how to best prepare for your immigration interview and how one of the proficient Wisconsin immigration attorneys at Sesini Law Group, P.C. can practice with you.

How can I best prepare for my immigration interview?

It may be common sense for you to arrive on time, dress appropriately, and bring the necessary documents to your immigration interview. But the most nerve-wracking part may be not knowing what questions a USCIS official is going to ask you.

One way you may prepare for this is by hiring an interpreter. This is especially crucial if you are not fully confident in your interpretation or speaking of the English language.  Importantly, your interpreter must be fluent in English and your native language alike, along with being a lawful resident or citizen of the United States. Your interpreter must also translate the questions and answers precisely as they are delivered, or else a USCIS official may grow annoyed.

Another tip is that you must answer a USCIS official’s questions with nothing less than the whole truth. This is because getting caught in a lie may be more detrimental than giving a less-than-desirable yet truthful response.

How can an attorney help me prepare?

Essentially, an attorney with years of experience in immigration may know some of the exact questions a USCIS official is going to ask you in your interview. So, you and your attorney may go through a mock interview in preparation for your actual interview. For example, your attorney may teach you how to best answer the following questions:

  • Are you a citizen or legal resident of a foreign country? If yes, which country?
  • Where have you lived during the past five years?
  • Have you traveled outside the United States in the past ten years? If yes, when, for how long, and to which foreign country?
  • Where have you worked in the past five years?
  • Have you ever worked in the United States without the proper authorization? If yes, when, for how long, and for which employer?
  • Have you ever violated the terms of your United States visa?
  • Have you ever failed to file a tax return when you were legally obligated?
  • Have you ever committed a crime or been arrested? If yes, which United States law did you violate?
  • Are you associated with any organization, party, or similar group? If yes, which group?

The first step that you must take in your immigration process is to make a phone call. Without further ado, pick up the phone and contact one of the talented Wisconsin immigration attorneys from Sesini Law Group, S.C. today.

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What Is the New FLAG-Based PERM System?

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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What Should I Bring to My Initial Consultation with an Immigration Lawyer?

Facing complications with obtaining legal status in the United States may be quite stressful for you and your family. This is why you must not endure this application process alone but with legal representation from an immigration lawyer. This starts with scheduling and attending an initial consultation. Read on to discover what you should bring to your initial consultation with a seasoned family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C.

What do I have to bring to my initial consultation with an immigration lawyer?

Perhaps you want to seek to work authorization for a United States employer. Maybe you wish to marry a United States citizen. Or you want to help your family members or children seek asylum away from their dangerous homeland. Whatever your case may be, an initial consultation with an immigration lawyer is the first step you should take.

Certain pieces of official immigration documentation are essential in bringing to your initial consultation. This is because the more documentation you provide your immigration lawyer, the more they may be able to assist you in reaching your immigration goal. Without further ado, it may be in your best interest to gather and provide the following:

  • Your passport (or a copy).
  • Your birth certificate (or a copy).
  • Your Form I-94, Arrival/Departure Record (or a copy).
  • Any immigration applications you may have already filed.
  • Any immigration notices or orders you may have already received.

What else should I prepare?

When you sit down with an immigration lawyer at your initial consultation, you must be willing to answer personal questions related to your immigration status. And to best answer these questions, it may be helpful to write down important dates and events related to your case.

In addition, you should prepare a list of questions that you are anticipating to ask an immigration lawyer. This is so you do not forget them while receiving all this new information in your meeting. And remember that your lawyer will not think any question is too simple or too frivolous to answer.

Lastly, you should try to be as open and honest as possible with an immigration lawyer as possible. With this, you must trust in your client-lawyer relationship in that they are only looking out for your best interest. What’s more, you must trust that your lawyer will uphold client confidentiality. So the information that you disclose in your meeting will never be given to the United States Immigration and Customs Enforcement, the United States Citizenship and Immigration Services, or any other government agency.

You must act fast when applying for legal status in the United States. So you should not wait too long before contacting a family immigration lawyer in Milwaukee, WI. Schedule your initial consultation with Sesini Law Group, S.C. today.

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What Should I Know About the Proposed Bipartisan Immigration Bill?

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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What Is in the Immigration Bill Passed by House Republicans?

Recently, House Republics passed an immigration bill that is set to reinforce United States-Mexico border security and restrict asylum seekers. Follow along to find out what this immigration bill exactly entails and how a proficient asylum immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you understand what this means for you.

What is in the immigration bill that was recently passed by House Republicans?

Firstly, you must understand that, on May 11, 2023, the Title 42 policy was lifted. Namely, Title 42 restricted individuals from the basic right to seek asylum at the United States-Mexico border for the 38 months that was the coronavirus pandemic. But now that COVID-19 is no longer considered a national emergency, the United States government is reverting to immigration law as it existed before the lockdown. And along with this, there is expected to be a surge in migration at the United States-Mexico border.

So now, House Republicans have passed a new immigration bill to impede illegal immigration activity, all while protecting the security of the United States. With that being said, this new immigration bill proposes the following concepts:

  • This bill seeks the construction of additional sections of the United States-Mexico wall along the southern border.
  • This bill seeks stricter limitations on asylum seekers by requiring such individuals to cross the border legally.
  • This bill seeks stricter limitations on asylum seekers by requiring such individuals to pay a $50 fee.
  • This bill seeks stricter limitations on asylum seekers by requiring such individuals to meet rigid criteria at initial interviews.

What does this immigration bill mean to me?

First of all, you may rest easier knowing that this proposed immigration bill is unlikely to become law. This is because President Biden has publicly pledged that he will veto this bill if it were to reach his desk.

But on the off chance that this does become law, you must properly prepare for encountering these harsher requirements. For one, in your initial interview, you may have to establish an undeniable fear that you may be persecuted if you were to stay in your home country. Or, you may even have to argue for a humanitarian exemption. Specific arguments that you may make include the following:

  • You may argue that you are seeking asylum in the United States because you have an acute medical condition.
  • You may argue that you are seeking asylum in the United States because you have been made a victim of human trafficking.
  • You may argue that you are seeking asylum in the United States because you are fleeing from imminent and extreme danger.

It should go without saying that you must consult with a talented asylum immigration lawyer in Milwaukee, WI. Give us a call whenever you can.

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What Are the Concerns Surrounding the H-1B Visa Lottery?

The H-1B visa lottery is the process by which the United States Citizenship and Immigration Services (USCIS) draws professional foreign workers to receive visas. Commonly, this is so professional foreign workers can acquire authorization to work at United States-based technology companies. In a year, the number of new visas that are distributed is capped at approximately 85,000. However, the United States government has growing concerns that tech companies are cheating in this lottery. Read on to discover the issues with the H-1B visa lottery and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you correctly enter it.

What are the issues with the H-1B visa lottery?

Simply put, the Biden administration is under the belief that several dozen small technology companies have been cheating in the H-1B visa lottery to artificially increase the chances that their prospective foreign hires will win. More specifically, these companies are colluding by entering the same applications into the lottery multiple times. This is considered a fraudulent activity.

This is inevitably increasing the demand for the H-1B visa to a record high of 781,000. This is a significant jump from last year’s record high of 478,000 applications. With this 781,000, the number of organic entries is approximated at 350,000. While, on the other hand, an estimated 408,000 were duplicate entries.

It is a real possibility that some of these duplicate entries were drawn in the lottery. However, the USCIS reports that they intend to disqualify applicants who committed fraud. And if enough disqualifications are made, then the USCIS may run a second lottery so that they can meet their 85,000 visa distribution quota.

How can I correctly enter the lottery?

If you are an employer of a technology company and you are petitioning for professional foreign workers to temporarily work for you, then you must ensure that you are correctly entering the lottery. This is so you do not get accused of abusing the system.

First of all, it is not technically considered fraud if you and other technology companies all apply on behalf of a single professional foreign worker. Though, you must confirm that you have a real job available for this worker if they win the lottery. In addition, you cannot immediately contract this worker to a third party or lay them off so they can switch companies. It is with these activities that the USCIS may grow suspicious of fraudulent activity.

Understandably so, you hold a great deal of responsibility when putting yourself on the line and petitioning for a professional foreign worker. This is why, before it is too late, you must retain the services of a competent work authorization permit lawyer in Milwaukee, WI. We are ready and willing to take on your application.

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What Are the Benefits of Becoming a U.S. Citizen?

Whether it be to gain employment, stay with your family, start a life with your fiancé, or otherwise, hundreds of thousands of individuals seek out United States citizenship each year. Out of the many that apply, only a small percentage are accepted due to strict requirements set out by the United States Citizenship and Immigration Services (USCIS). Follow along to find out the benefits of becoming a United States citizen and how one of the proficient Wisconsin immigration attorneys at Sesini Law Group, S.C. can help you in this application process.

What are some of the benefits of becoming a United States citizen?

There are widely desired benefits that come with citizenship. In the United States, these benefits are considered some of the greatest honors that one may possess. Just some examples are as follows:

  • You will be allowed to travel with a United States passport.
  • You will be allowed to maintain your residency in the United States.
  • You will be eligible to apply for federal grants and scholarships.
  • You will be eligible to apply for government benefits.
  • You will be eligible to apply for federal jobs.
  • You will be eligible to become an elected official.
  • You will be eligible to bring other family members to the United States.
  • You will be eligible to bring your children younger than 18 years old to the United States.

In addition, some benefits double as responsibilities. For example, when becoming a United States citizen, you earn the right to vote in government elections. This Fourteenth Amendment right was greatly fought for, and this is a duty that is taken seriously among this country’s citizens.

Another example is that a United States citizen earns the right to serve on a jury. This may not seem like an honor at initial thought. However, serving on a jury is one way in which this country’s citizens uphold the highly-valued democratic process.

Is it possible for me to gain citizenship?

First, you must worry about qualifying for naturalization in the United States. Many strict requirements come with this application, and they are as follows:

  • You will have to show that you are committed to the principles and ideals outlined in the United States Constitution.
  • You will have to show that you can read, write, speak, and overall communicate in basic English.
  • You will have to show that you can recite a basic understanding of the United States government and its history.
  • You will have to show that you can recite an oath of allegiance to the United States.

Of note, there are a few more requirements for naturalization that were not mentioned above. So, if you are ready and willing to kick off your citizenship application, then you must employ one of the talented Wisconsin immigration attorneys today. We look forward to working alongside you.

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What Are the Concerns Regarding the Tech Visa Lottery?

According to the United States Citizenship and Immigration Services (USCIS), the number of applications for tech visas has significantly increased for the second year in a row. While this may not seem like a serious issue at face value, the USCIS has growing concerns that individuals may be manipulating the tech visa lottery to gain an unfair advantage over others. Continue reading to learn more about the concerns surrounding the tech visa lottery and how a proficient work authorization permit lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can help you navigate this situation.

What is the H-1B visa lottery?

First of all, the H-1B visa is designated for foreign workers who wish to fill specialty positions in the United States. Such specialty, hard-to-fill positions primarily include those at technology companies. A foreign worker can extend this visa for as long as three years.

In March 2023, the H-1B visa lottery selected 110,791 winners for the 85,000 available slots. Sponsoring employers have until June 30, 2023, to confirm that they are hiring. And if confirmations total less than 85,000, then another H-1B visa lottery will be held to fill up the remaining slots.

What are the statistics on the H-1B visa lottery?

Without further ado, below are a few statistics on the H-1B visa lottery that are causing the USCIS to become concerned:

  • In 2022, the tech visa lottery applications totaled 483,927, which was a 57 percent increase from the 308,613 total applications in 2021.
  • In 2022, the number of applicants who applied more than once totaled 165,180, which was an increase from the 90,143 total in 2021.
  • In 2023, the tech visa lottery applications totaled 780,884, which was a 61 percent increase from the 483,927 total applications in 2022.
  • In 2023, the number of applicants who applied more than once totaled 408,891, which was an increase from the 165,180 total in 2021.

What are the concerns pertaining to the tech visa lottery?

As you can likely conclude, the numbers show that more and more tech visa lottery applications are illegitimate.

Sometimes, sponsoring employers file multiple bids for the same person by applying under different company names. They do so even when there are no underlying employment offers. This is so they can help other technology companies, who did not win any visas in the lottery, fill their positions. In this way, they are acting as labor contractors. And such action is essentially considered fraud.

Other times, multiple bids for the same person may not be considered an illegal activity. For example, an applicant may ask different, independently-owned companies to sponsor them in this lottery to increase their chances of winning. Or, a company may overestimate its labor demands at the time of entering this lottery. Nonetheless, the USCIS remains concerned.

All in all, a talented work authorization permit lawyer in Milwaukee, WI is ready and willing to stand by your side throughout your tech visa lottery application. Contact Sesini Law Group, S.C. today.

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Does an Employee’s Education Level Impact Their H-1B Visa Qualification?

Employment visas are one of the most highly requested visa types by the United States Citizenship and Immigration Services (USCIS). With this, these visas come with very specific eligibility criteria. Read on to discover whether an employee’s education level impacts their H-1B visa qualification and how a seasoned work authorization permit lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can help determine your eligibility.

What is an H-1B visa?

Simply put, an H-1B visa is a type of employer-sponsor, nonimmigrant work visa. This visa allows individuals who are not citizens or permanent residents of the United States to work in a specialty occupation within the country for a certain period of time. With applying for extensions, this certain period of time may be up to six cumulative years. And such specialty occupations include, but are not limited to, the following:

  • Work related to biology, at the professional level.
  • Work related to business administration, at the professional level.
  • Work related to education, at the professional level.
  • Work related to engineering, at the professional level.
  • Work related to mathematics, at the professional level.
  • Work related to medicine, at the professional level.
  • Work related to physics, at the professional level.
  • Work related to psychology, at the professional level.
  • Work related to social sciences, at the professional level.

Does an employee need a certain education level to qualify for an H-1B visa?

Because of the level of expertise required for the aforementioned fields of work, an employee does need a certain level of education to qualify for an H-1B visa. More specifically, the minimum educational level is a bachelor’s degree or equivalent in the related field of work. For your visa application, you may have to provide proof of your degree or equivalent certification.

But with that being said, having this level of education does not automatically make you eligible for H-1B status. That is, the job itself, for which you are applying, must have a bachelor’s degree or equivalent listed as one of their requirements. This may pose a difficulty depending on what type of work you are seeking, as certain fields do not have well-established degree requirements.

What’s more, having this level of education and finding a job that discloses this education requirement does not automatically grant you an H-1B visa. This is because the USCIS has a cap of 65,000 H-1B visas distributed for the entire country each year. In addition, your potential employer must properly submit a petition to be your sponsor to the USCIS.

Without further ado, you must retain the services of a competent work authorization permit lawyer in Milwaukee, WI immediately. We can assure you that we are passionate about your case, so contact us today.

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What Is the New Rule for Asylum Seekers?

Recently, the Biden administration proposed a new regulation that will impose new restrictions on individuals who can seek asylum in the United States. Read on to discover what this new regulation for asylum seekers is and how a seasoned asylum immigration lawyer in Milwaukee, WI can help you understand how this may affect you.

What is the new regulation for asylum seekers?

With this proposed rule, migrants who cross the United States border without authorization to do so may be penalized. The same goes for migrants who fail to apply for protections in another country that they pass through en route to the United States.

Essentially, the Biden administration noted that the purpose of this new rule would be to deport disqualified asylum seekers as quickly and easily as possible. In addition, they are trying to discourage vulnerable migrants from using dangerous means to cross the United States border.

What’s more, they are anticipating the surge in migration that will likely come from the southern United States border at the end of Title 42. Namely, Title 42 was a public health restriction established during the coronavirus pandemic, which denied a couple of million asylum seekers and otherwise migrants at the southern border of the United States. This restriction is expected to be lifted on or around May 11, right around the time that this new regulation may be implemented.

What else should I know about this new regulation?

However, this proposal has received significant criticism from immigration and human rights advocates alike. They are comparing it to the Trump administration’s controversial “asylum transit ban,” which mandated asylum seekers to request asylum in one of the other countries they passed through en route to the United States. This policy exempted those coming from Mexico.

Though, the Biden administration has pointed out the contrasts between the two rules. For one, this new rule will not apply to unaccompanied children. It will also give space for humanitarian exemptions, which include, but are not limited to, the following:

  • Individuals seeking asylum who have acute medical conditions.
  • Individuals seeking asylum who have been made a victim of human trafficking.
  • Individuals seeking asylum who have been fleeing from imminent and extreme danger.

Lastly, the Biden administration holds that this new rule will give asylum seekers the opportunity for rebuttal if they are denied refuge in the United States. For example, they may be allowed to provide proof that they were denied access to another country or that they were unable to schedule an appointment at an official port of entry.

This proposed regulation is undergoing a 30-day public comment period. With all that being said, if you are seeking asylum in the United States, we recommend that you consult with one of the competent Wisconsin immigration attorneys as soon as possible. Schedule your initial consultation with us today.

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What Is the Raised Fee for Green Card Applications?

Recently, the United States Citizenship and Immigration Services (USCIS) proposed an increased fee for green card applications. Read on to discover what this raised fee means for United States citizens and permanent residents seeking to sponsor their family members for permanent residency and how a seasoned green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you navigate this.

What is the proposed increased fee for green card applications?

For one, the green card is an application that United States citizens and permanent residents can petition for if they wish to sponsor a family member for permanent residency. The filing fee for this visa may experience a 33 percent increase to $710.

And as far as marriage-based green card applications go, the filing fee may double from $1,760 to $3,640 or more. And applications for bringing a fiancé to the United States may increase from $535 to $720.

What’s more, the filing fee for a child who is adjusting their status with a parent may raise to $790. This essentially mimics the cost of an adult application. And for a family with multiple children, these extra expenses can quickly add up.

What is the proposed increased fee for work authorization applications?

In addition to family-based green card applications, the USCIS is proposing that fees for work authorization applications be raised. Namely, these work visas allow non-citizens to temporarily retain work in the United States.

Under this new proposal, the fee for an H-2A visa application (i.e., temporary agricultural workers) will increase from $460 to $1,080. And similarly, the cost of an H-2B visa (i.e., temporary non-agricultural workers) will grow from $460 to $1,090.

Why was an increased price proposed?

The USCIS is stating that increasing fees for green card applications are necessary for the following reasons:

  • The USCIS needs additional financial aid to recover operational costs.
  • The USCIS needs additional financial aid to speed up application reviews.
  • The USCIS needs additional financial aid to hire more staff.
  • The USCIS needs additional financial aid to reduce the agency’s backlog of pending cases.

Overall, the USCIS has its funding heavily reliant on application fees. Namely, 96 percent of their funding comes from this, as they do not use congressional funds. And so, the COVID-19 pandemic has significantly decreased the number of applications being filed. This, at one point, dropped the USCIS’ revenue by 40 percent.

With all that being said, we understand just how frustrating this news may be to hear. Just like many others, this may be an additional financial burden or barrier in your application process that you are struggling to overcome. And so, if you are unsure what your resolution to this can be, you must not hesitate in speaking with a competent family immigration lawyer in Milwaukee, WI. We await your phone call.

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What Should I Know About Domestic Visa Renewal for IT Workers?

The United States Department of State plans to allow certain non-immigrant workers to apply to renew their visas from within the country. More specifically, this pilot program is intended to help IT workers who possess H-1B visas. Read on to discover what this domestic visa renewal for IT workers will entail and how a seasoned work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you take advantage of this program.

What is an H-1B visa?

First things first, an H-1B visa is a type of non-immigrant work visa that is designated for individuals seeking temporary, specialty jobs within the United States. Such jobs generally require a bachelor’s degree or an equivalent education level as a start, and they are described as “requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor.” With that being said, IT workers are eligible for H-1B visas.

And so, IT workers on the H-1B visa must have a United States employer who is eligible to sponsor them. In addition, this employer must prove that they are offering a temporary role in IT that requires specialized knowledge and that the applicant meets the education level required for this offered role.

What will the domestic visa renewal for IT workers entail?

Notably, the H-1B visa may last for two three-year periods. And up until recently, IT workers were required to leave the United States in order to apply for the renewal of their H-1B visa. Meaning, these non-immigrant workers would have to leave to their home country every three years in the hope of being accepted into the United States to work once more.

But now, domestic renewal of these H-1B visas will be allowed. Meaning, IT workers can remain in the United States while they are reapplying to work in the country. Of note, this domestic renewal process once existed, but was suspended in 2004 after Congress passed the Enhanced Border Security and Visa Entry Reform Act in 2002. This is when the United States Department of State believed for it to be easier to collect biometric information at the United States embassies and consulates. But now, the department holds that the domestic capacity for the collection of biometric information has increased.

The hope with this new system is that both non-immigrant workers and their sponsoring employers alike will gain more job security. Hopefully, if this pilot program is a success, this opportunity will extend to other visa types.

For more information on this domestic visa renewal process and how you can participate in it, then you must reach out to a competent family immigration lawyer in Milwaukee, WI. We look forward to collaborating with you.

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What Is the Difference Between H-1B, L1, and TN Visas?

If you wish to become a legal citizen of the United States, you are likely combing through every available visa option and determining which one you are most eligible for. Understandably, it may become difficult to determine which application you should go for. Continue reading to learn the difference between H-1B, L1, and TN visas and how an experienced work authorization permit lawyer in Milwaukee, WI, of the Sesini Law Group, S.C., can help you in deciphering them.

What is an H-1B visa?

Simply put, an H-1B visa is a type of non-immigrant work visa that is specifically designated for foreign workers who wish to work temporarily in specialty jobs in the United States. The statute defines these jobs as having, “a theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor.”

Meaning, these jobs require a bachelor’s degree or an equivalent education level as a minimum. And so, such specialty jobs include economists, engineers, physicians, software architects, and similar jobs in related fields.

What are L1 visas?

Like H-1B visas, L1 visas are also a type of non-immigrant work visa. However, this visa is designated for those who wish to participate in intracompany transfers. That is, it allows multinational companies to bring employees with specialized knowledge to the United States to temporarily work. The statute defines specialized knowledge as, “special knowledge of the company product and its application in international markets or has an advanced level of knowledge of its processes and procedures.”

For example, an engineer with knowledge of a company’s mechanical components or patented technology may be eligible for an L1 visa. And unlike H-1B visas, L1 visas do not have an education requirement.

What is a TN visa?

And lastly, a TN visa is also a type of non-immigrant work visa, except it is made for Canadian and Mexican citizens who wish to work in the United States in certain professional occupations as listed under the North American Free Trade Agreement (NAFTA). Though, in 2020, the United States-Mexico-Canada Agreement (USMCA) was enforced and replaced NAFTA. Nevertheless, the eligibility requirements have remained the same.

Notably, there are approximately 60 occupations that qualify for a TN visa. These occupations are mostly classified under the fields of medicine, science, and education. Evidently, these occupations tend to require a bachelor’s degree as a baseline requirement or an equivalent alternative.

If you are still unsure which visa is best for you and your circumstances, then you must consult with a skilled Milwaukee, WI family immigration lawyer. We will help you in picking a visa option all the way through to submitting your application. So, do not hesitate in picking up the phone and calling us today.

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What Is the New Mail Delivery Process for the ADIT Stamp?

On March 16, 2023, the United States Citizenship and Immigration Services (USCIS) announced that there is an additional mail delivery process for receiving the Alien Documentation, Identification, and Telecommunication (ADIT) stamp, also known as the I-551 stamp. Read on to discover what this new process is and how a seasoned green card lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., help you in taking advantage of this.

What is the new delivery process offered for the ADIT stamp?

Notably, the USCIS is now allowing lawful permanent residents to receive an ADIT stamp, which is a temporary piece of evidence of their status, by mail. This is a jump from the previous requirement of having to visit a USCIS field office to receive an ADIT stamp.

With this, a lawful permanent resident must meet certain criteria. They read as follows:

  • A lawful permanent resident still has not yet received their green card.
  • A lawful permanent resident still has a pending adjudication on their Form 1-90 (i.e., Application to Replace Permanent Resident Card), Form I-751 (i.e., Petition to Remove Conditions on Residence), or Form N-400 (i.e., Application for Naturalization) while their green card and extension notice have expired.

What do I have to do to get an ADIT stamp mailed to me?

In a similar sense, a lawful permanent resident must follow certain steps to get an ADIT stamp mailed to them. They read as follows:

  1. A lawful permanent resident must call the USCIS Contact Center to request this temporary piece of evidence of their status.
  2. A lawful permanent resident must provide a USCIS officer with their identity, physical mailing address, and whether this address is accessible for UPS or FedEx express mail.

It is important to note that a USCIS officer may rule it necessary for you to visit a field office if you have urgent needs, if you do not have a usable photo in the USCIS systems, if your identity cannot be confirmed, or if your address cannot be confirmed, among other things. Ultimately, they will use their discretion to determine your eligibility.

However, if the USCIS officer determines that an in-person appointment is not necessary, and if the USCIS office approves of your request, then you will be mailed a Form 1-94 with an ADIT stamp, a Department of Homeland Security seal, and a printed photo of yourself obtained from their systems.

If this news is applicable to you, this can be a major benefit in your journey toward United States citizenship. This is why you should avoid making any mistakes that may jeopardize this opportunity for you. For more information, reach out to a competent family immigration lawyer in Milwaukee, WI today. We look forward to hearing from you.

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How Can I Obtain Permanent Residence Through Family Ties?

Notably, there are many different ways in which you can obtain permanent resident status, otherwise known as green card status, in the United States. One of these ways is through family ties to the country. Follow along to find out how you can become a permanent resident with the help of a family member and how a proficient green card lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can guide you through this.

How can I obtain permanent residence through a family member?

You will not have to wait for a visa if you have an immediate relative who is a United States citizen. More specifically, an immediate relative is considered your parent, your spouse, or your unmarried child who is under the age of 21.

How do I apply for permanent residence through a family member?

If you are applying for this family-based visa, you will have to be a non-United States citizen that is residing within the country at this time. You will also have to submit to biometrics and a formal interview with a United States Citizenship and Immigration Services (USCIS) officer. And if you are claiming that your spouse is a United States citizen who is allowing you this opportunity for green card eligibility, then you may have to provide the USCIS officer with proof of a valid marriage, among other pieces of evidence.

A family-based visa is unique because there is no limit to the number of visas that can be issued. So the hope is that your application process for permanent residence status is streamlined.

In what other ways can I obtain a green card?

If you do not have an immediate relative who is a United States citizen, then you can still rest assured knowing that there are other options for obtaining a green card. For one, you may be eligible for a job- or employment-based visa. This is so long as you have a job offer that may apply for permanent residence, or an immigrant visa if you are residing outside of the court at this time.

On the other hand, you may be able to apply for a refugee- or asylum-based visa. This is so long as you were admitted to the United States as a refugee, or as a qualifying spouse or child of a refugee, more than one year ago. Or, this is so long as you were granted asylum in the United States, or are a qualifying spouse or child of an asylee, more than one year ago.

And still, there are more special programs available to help you obtain permanent resident status in the United States. To find out more, you must consult with a talented Milwaukee, WI family immigration lawyer today. We look forward to meeting you.

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What Are the Updates on O-1B Visa Eligibility?

Recently, the United State Citizenship and Immigration Services (USCIS) issued policy guidance to clarify how they determine eligibility for the O-1B visa classification. Follow along to find out what the updates are on how they evaluate evidence and how a proficient work authorization permit lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can walk you through this.

What is an O-1B visa?

First off, the USCIS understands that certain individuals are required to frequently travel for their profession. And if this entails moving to the United States, these certain individuals must be granted the opportunity to retain employment in their field within the country. Essentially, this is why the USCIS offers the O visa.

Put simply, the O visa is a type of nonimmigrant temporary work visa that allows certain individuals with extraordinary abilities to gain employment in their field within the United States. Such individuals with extraordinary abilities are recognized as the following:

  • Individuals with extraordinary abilities in athletics.
  • Individuals with extraordinary abilities in business.
  • Individuals with extraordinary abilities in education.
  • Individuals with extraordinary abilities in science.

With that being said, the O-1B visa is a subset of the O visa that recognizes individuals who possess extraordinary talents in the arts. More specifically, it is designated for those who have had extraordinary achievements in the motion picture or television industry who wish to temporarily come to the United States to continue work in this area.

What updates did the USCIS make on O-1B visa eligibility?

One of the biggest policy updates for the O-1B visa is that the USCIS has now added a chart in the appendix to describe examples of evidence that may satisfy the O-1B criteria.

Firstly, the USCIS states that an applicant must provide evidence that they have been nominated for or have been the recipient of a significant national or international award or prize in their field (i.e., an Academy Award, an Emmy, a Director’s Guild Award, etc). Next, they must provide any three of the following pieces of evidence:

  • Evidence that they have performed and will perform as a lead or starring participant in distinguished productions or events (i.e., critical reviews, press releases, advertisements, endorsements, etc).
  • Evidence that they have performed and will perform as a lead or starring participant for a distinguished organization or establishment (i.e., newspapers, magazines, trade journals, etc).
  • Evidence that they have achieved national or international recognition for the achievements (i.e., newspapers, magazines, trade journals, etc).
  • Evidence that they have a record of commercial or critically acclaimed success (i.e., box office receipts, motion picture ratings, television ratings, published reviews, etc).
  • Evidence that they have a record of recognition by organizations, critics, government agencies, or recognized experts in the field (i.e., testimonials).
  • Evidence that they have a record of commanding a high salary or other substantial remuneration for their services (i.e., contracts).

For more information on this update, contact a talented Wisconsin immigration attorney today.

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What Is the Premium Processing Option for H-1B Visas?

If you wish to work in the United States, you may be able to do so with an H-1B visa. More specifically, an H-1B visa is a type of non-immigrant work visa designated for foreign workers searching for temporary employment that generally requires specialty knowledge gained by a bachelor’s degree or an equivalent education level (i.e., information technology, finance, engineering, architecture, etc). But if you are earnest to begin work in the United States, you may be able to opt for premium processing of your application. Follow along to find out what the premium processing of an H-1B visa is and how a proficient work authorization permit lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can help you attain this.

What is premium processing?

The United States Citizenship and Immigration Services (USCIS) provides expedited processing, otherwise known as premium processing, for individuals who apply for work authorization in the United States via Form I-129, Petition for Nonimmigrant Worker. Notably, this opportunity has been made eligible for this classification since July 30, 2001.

Importantly, this premium processing is available to you if you are willing to pay a fee of approximately $2,500. So if you are willing and able to pay this fee, the USCIS can guarantee that they will take adjudicative action on your case within a specified time period. Otherwise, they will refund you the $2,500 fee.

For Form I-129, this specified time period is 15 calendar days. These 15 calendar days start when the USCIS properly receives your application at the correct filing address. And with this, they will likely take an additional two weeks to mail you back the notice of approval, denial, or otherwise.

How does the premium processing option for my H-1B visa work?

To ensure that the USCIS properly receives your application, you must ensure that you provide the proper signature and the proper filing fee (i.e., $460). From here, within the designated 15-day time period, the USCIS will take any one of the following actions on your case:

  • They will issue an approval notice.
  • They will issue a denial notice.
  • They will issue a notice of intent to deny.
  • They will issue a request for evidence.
  • They will open an investigation for fraud or misrepresentation.

Hopefully, the outcome will be that you receive an approval notice. But in the instance that the USCIS finds that your application requires the submission of additional evidence, rest assured that your opportunity for premium processing has not ended. Rather, this 15-day premium processing time will stop and reset. Then, a new time period will begin once they receive your response to the request for evidence.

For more information on this processing option, you must consult with a talented work authorization permit lawyer today.

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Who Is Eligible for an H-1B Visa?

If you wish to work in the United States, you may be able to do so with one of the several employment visas at your disposal. This is especially the case if you are eligible for an H-1B visa. Continue reading to learn the eligibility factors for an H-1B visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can help you through this application process.

What are the eligibility factors for an H-1B visa?

First of all, an H-1B visa is a non-immigrant work visa designated for foreign workers searching for temporary, specialty jobs in the United States that generally require a bachelor’s degree or an equivalent education level as a minimum. Such specialty jobs are defined as “requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor.” They may include fields such as information technology, finance, engineering, and architecture, and examples of such are as follows:

  • Accountants and auditors.
  • Biologists.
  • Civil engineers.
  • Economists.
  • Physicians and surgeons.
  • Teachers.
  • Therapists.

And in order for a United States employer to be eligible to sponsor an employee on an H-1B visa, they must confirm that they are offering a role that requires specialized knowledge and that the applicant meets the education requirements for this offered role. Once accepted, a United States employer may have to withhold Social Security and Medicare taxes from the H-1B visa holder’s wages.

In addition, an H-1B visa holder must maintain their employment by this United States employer. Otherwise, they may lose their status and have to leave the country.

What is the application process for this visa?

Importantly, a United States employer must initiate the application process for an H-1B visa candidate. So once you confirm that a candidate meets the eligibility requirements, you must follow the below sequence of events:

  1. You will prepare a Labor Condition Application (LCA) for certification to file with the United States Department of Labor (DOL).
  2. You will prepare Form I-129, otherwise known as the Petition for a Nonimmigrant Worker, to file with the United States Citizenship and Immigration Services (USCIS).
  3. You will submit the forms and supporting documents related to your job opening, your company, and the non-immigrant candidate.
  4. You will wait for the final review from USCIS.

The processing time will depend on the efficiency of the DOL and the USCIS. But on average, it will take six to seven months. And if your application gets approved, your employee will earn a duration of stay for three years, which can be extended to up to six years.

For more information on this particular visa, reach out to a skilled work authorization permit lawyer today.

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What Is the CSPA Age Calculation Update?

The United States Citizenship and Immigration Services (USCIS) recently released new guidance in its Policy Manual about the Child Status Protection Act (CSPA). More specifically, the USCIS is now advising to better update when an immigrant visa number becomes available so that a noncitizen’s age can be properly calculated. Read on to discover more about the CSPA age calculation update and how a seasoned adjustment of status – immigration attorney in WI, at the Sesini Law Group, S.C., can walk you through this.

How did the CSPA age calculation previously work?

Usually, a child is eligible to obtain permanent resident status in the United States if one of their parents receives an approved petition for a family-sponsored or employment-based visa. With this, a child generally has to be under the age of 21. And if the child exceeds the age of 21 during this application process, then they will no longer be eligible to immigrate to the United States based on their parent’s petition alone.

Notably, the Department of State’s Visa Bulletin is the tool that determines when a visa number becomes available. This bulletin is comprised of two charts, namely the Dates for Filing chart and the Final Action Date chart. With the USCIS’ previous guidance, the CSPA age calculation for an available visa number was based solely on the Final Action Date chart, which is a later date than that of the Dates for Filing chart.

How does the CSPA age calculation now work with the update?

But now, with the USCIS’ new guidance, the Dates for Filing chart can be used to make CSPA age calculations. With this being an earlier date than provided by the Final Action Date Chart, noncitizen children now have an increased opportunity in being eligible for an adjustment of status under their parent’s petition.

Of note, this updated guidance is being applied effective immediately, and it is being applied to pending applications. Meaning, noncitizen children with a pending applications may now have their CSPA age calculation to be converted back to under the age of 21.

In addition, this updated guidance allows noncitizen children who have been previously denied an adjustment of status to file a motion to reopen their application. They can do so via Form I-290B, otherwise known as the Notice of Appeal or Motion. And while this motion generally must be filed within 30 days of receiving a decision, there may be some excused untimely filings after this new guidance has been implemented. This is so long as a noncitizen child can demonstrate that their delay was reasonable and beyond their control.

If you require more information on the CSPA age calculation update, do not hesitate in communicating this with a competent adjustment of status immigration attorney. Call us today.

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What Do I Need to Know About the Pilot for Domestic Visa Renewal?

Later this year, the State Department is set to launch a pilot program for domestic visa renewal. More specifically, this program will offer options for H-1B visa holders and other temporary visa holders who are currently required to travel abroad for renewal. Read on to discover what you need to know about the pilot for domestic visa renewal and how a seasoned work authorization permit lawyer in Milwaukee, WI at the Sesini Law Group, S.C. can walk you through this.

What is an H-1B visa?

First of all, an H-1B visa is a type of non-immigrant work visa. With this, United States employers are allowed to hire foreign workers for specialty jobs that tend to require a bachelor’s degree or an equivalent degree. Such specialty jobs include, but are not limited to, the following:

  • Jobs related to information technology.
  • Jobs related to finance.
  • Jobs related to mathematics.
  • Jobs related to engineering.
  • Jobs related to architecture.

In addition, to sponsor an employee on an H-1B visa, a United States employer must establish that they are offering a job that requires an individual with specialized knowledge. They must also establish that the candidate has a bachelor’s degree or an equivalent degree in the field related to the offered job.

And when a candidate is accepted, their H-1B visa will last for an accumulated six years at most.

What should I know about the pilot for domestic visa renewal?

Notably, stateside visa renewals were once an option, until this program became discontinued in 2004. Since this discontinuation, foreign workers have had to travel abroad once their H-1B visa expired. With this, they were not allowed to reenter the United States without a valid visa stamp. This meant that sometimes, foreign workers were stuck abroad for months at a time, which disrupted their work.

But with the renewal of this program, the goal is that an applicant will not have to waste their time, money, and overall work productivity leaving the county in the meantime. Another important goal is that the consular offices will have a reduced workload.

While this pilot domestic visa renewal is now an option for H-1B visa holders, it will hopefully be expanded to other temporary visa holders soon.

If you believe that you qualify for this pilot program, then you must not hesitate in retaining the services of a competent work authorization permit lawyer in Milwaukee, WI. We recommend that you work with us before your visa expires, so pick up the phone and give us a call as soon as you can.

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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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Can I Stay in the U.S. if I Lose My Job? | Milwaukee, WI Employment Visa Lawyer

If you are a nonimmigrant worker who has recently been terminated from your place of employment, you may be wondering what will happen to your United States visa status. Rest assured, the United States Citizenship and Immigrant Services (USCIS) provides options for individuals in such situations. Continue reading to learn whether you can stay in the United States if you lose your job and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can walk you through your options.

What happens if I lose my job while in the U.S. on an employment-based visa?

Notably, the USCIS gives a discretionary grace period for individuals who have lost their employment so that they can maintain their status for the time being. This grace period is given regardless of whether an individual voluntarily or involuntarily lost their employment. And specifically, this grace period is for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter.

With that being said, individuals with the following classifications, are eligible for this grace period:

  • Individuals in E-1 classification.
  • Individuals in E-2 classification.
  • Individuals in E-3 classification.
  • Individuals in H-1B classification.
  • Individuals in H-1B1 classification.
  • Individuals in L-1 classification.
  • Individuals in O-1 classification.
  • Individuals in TN classification.

Importantly, dependents of the above individuals are eligible for this grace period, as well.

So, if you are given this opportunity, you should take these 60 days to seek new employment. And once you do, you must insist that your new employer timely files a petition on your behalf with an extension of stay request. Or, you can take this time to apply to change to a new nonimmigrant status or to adjust your status.

What should I do to stay in the U.S.?

To reiterate, it is important for your employer to timely file a change of employer petition on your behalf, or for you to timely file a petition to change or adjust your status. This is because failure to do so within this 60-day grace period may cause you to be deported from the United States.

For one, if you hold an H-1B visa, you may work toward employment and readmission to the United States once you are abroad. Otherwise, if you are interested in another visa application than what you initially had in the United States, you may work through the application process to seek readmission once you are abroad.

We understand just how time sensitive this matter is. So, we recommend that you retain the support of a skilled Milwaukee immigration attorney. We have experience, and success, with countless cases just like yours. So, pick up the phone and schedule your initial consultation with us today.

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How Can I Get An H-1B1 Visa?

Put simply, United States employers that are interested in employing foreign workers must understand the different types of employment-based immigration visas. One example is the H-1B1 visa. Continue reading to learn what an H-1B1 visa is and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you in obtaining one.

Who is eligible for an H-1B1 visa?

First of all, an H-1B1 visa is a nonimmigrant visa for citizens of either Chile or Singapore. According to the US-Chile Trade Agreement and the US-Singapore Trade Agreement, United States employers may hire citizens of these countries for “specialty occupations” and for a “specific period of time.” The number of visas that can be distributed in a given year are separated from the overall H-1B limit, and they are as follows:

  • Citizens of Chile: 1,400 visas in a given year.
  • Citizens of Singapore: 5,400 visas in a given year.

And as for “specialty occupations,” these are occupations that require theoretical and practical application of specialized knowledge. Eligible recipients must have a bachelor’s degree or an equivalent in the specific field. The fields that fall under this category are as follows:

  • Physical and social sciences.
  • Medicine.
  • Technology.
  • Engineering.
  • Mathematics.
  • Law.
  • Education.
  • Business (i.e., accounting, finance, marketing, etc).
  • Theology.
  • Arts.
  • Media.

And as for a “specific period of time,” eligible recipients will be admitted to the United States for a one-year period. This may be renewed indefinitely, so long as they can prove that they do not intend to remain or work permanently in the country.

How do I get an H-1B1 visa?

Fortunately, applying for an H-1B1 visa is relatively easy to do. This is because it generally does not require an applicant to file an I-129 petition, otherwise known as the Petition for a Nonimmigrant Worker, with the United States Citizenship and Immigration Services (USCIS). Instead, an applicant may apply for the visa directly at a United States consulate abroad without prior USCIS petition approval.

With that being said, you may have to take the following initiatives to get an H-1B1 visa:

  • Submit your DS-160 application, otherwise known as the Online Nonimmigrant Visa Application, with the United States consulate.
  • Pay the relevant visa fee.
  • Submit evidence that you qualify for a specialty application (i.e., degrees, work experience letters, etc).
  • Submit a certified Labor Condition Application (i.e., occupation classification, employer name and address, offered wages, etc).
  • Submit evidence of your employment (i.e., job offer letter).
  • Submit evidence that your stay will be temporary (i.e., the address of your residence abroad).

It is important that you have all this relevant documentation for your application. For assistance in gathering all this, you should reach out to a skilled work authorization permit lawyer in Milwaukee, WI today.

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What Is the Green Card Lottery?

If you have been struggling to obtain a green card so that you can become a permanent resident of the United States, there is still a chance you may receive one via the green card lottery. Follow along to find out more about this lottery system and how a proficient green card lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can help you better understand this.

How does the green card lottery work?

The green card lottery is a system by the Diversity Immigrant Visa Program. Each year, this program, which is administered by the United States Department of State, makes up to 50,000 immigrant visas available. They draw these 50,000 immigrant visas from a random selection among all entries. Typically, these entries are mostly made up of individuals who are from countries with low rates of immigration to the United States. And with that, most of these entries are made up of individuals who reside outside of the United States and who immigrate through the consular processing of an immigrant visa.

However, a few of these entries are individuals who reside in the United States in a nonimmigrant or other legal status at the time of winning the lottery. And with that, these select individuals will have their adjustment of status applications processed by the United States Citizenship and Immigration Services.

What are the eligibility criteria for a green card through this program?

Say, for instance, that you are one of the lucky winners of the green card lottery. You will then have to confirm that you are eligible to adjust your status under the Diversity Immigrant Visa Program. That is, you must establish the following as true:

  • You have been selected for a diversity visa by the United States Department of State’s green card lottery.
  • You have an immigrant visa immediately available at the time of filing for an adjustment application, otherwise known as Form I-485, Application to Register Permanent Residence or Adjust Status.
  • You are admissible to the United States.

What evidence do I need to obtain a green card through this program?

As far as Form I-485 goes, you will have to provide the following pieces of evidence to finally receive a green card through this lottery system:

  • Two passport-style photos of yourself.
  • A copy of your birth certificate.
  • A copy of your passport page with a nonimmigrant visa, admission, or parole stamp, whatever is applicable.
  • A copy of your selection letter for the Diversity Immigrant Visa Program lottery from the Department of State.
  • A copy of your receipt from the Department of State for the lottery processing fee.
  • A certifiable copy of court records, if you have ever been arrested.
  • Form I-693, Report of Medical Examination and Vaccination Record.
  • Form I-94, Arrival/Departure Record.
  • Form I-601, Application for Waiver of Grounds of Inadmissibility, if applicable.
  • Applicable fees.

If you are a winner of the green card lottery, you must talk to a talented family immigration lawyer in Milwaukee, WI as soon as possible.

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What Is the Policy Update for Green Cards for Naturalization Applicants?

On December 12, 2022, the United States Citizenship and Immigration Services (USCIS) updated its policy manual. More specifically, this update will allow the USCIS to automatically extend the validity of the Permanent Resident Cards, otherwise known as green cards, for lawful permanent residents who have applied for naturalization. If you are a naturalization applicant, continue reading to learn more about this USCIS policy update and how an experienced green card lawyer in Milwaukee, WI at Sesini Law Group, S.C., can help you determine what this means for you.

What is the purpose of the USCIS update on green cards for naturalization applicants?

The main purpose of the USCIS update on green cards is to allow naturalization applicants, who commonly experience long processing times, to receive an extension of lawful permanent resident (LPR) status. With this, naturalization applicants may need not file Form I-90, otherwise known as the Application to Replace Permanent Resident Card.

This update recognizes the USCIS’s current processing times and aims for flexibility and efficiency in the following areas:

  • This update will reduce the number of Alien Documentation, Identification, and Telecommunications (ADIT) stamp appointments in USCIS field offices.
  • This update will reduce the number of Form I-90s filed with the USCIS.
  • This update will allow USCIS resources to be focused on other immigration benefit adjudications.

What else is involved in the USCIS update on green cards?

To reiterate, those with LPR status no longer have to file Form I-90. And with that, they may still receive an extension of status so long as they properly file Form N-400, otherwise known as the Application for Naturalization. So, the language on Form N-400 will be edited to express the extension of green cards for up to 24 months. And with the receipt notice of your Form N-400 application, you can now present the following:

  • Your expired green card, which will prove your continued status and your true identity.
  • Your employment authorization documents, which will fall under List A of Form I-9, otherwise known as the Employment Eligibility Verification.

This differs from the original procedure, in which individuals only had six months before their green card expired to apply for naturalization. If they made this deadline, they were able to receive an ADIT stamp on their passport to serve as temporary evidence of their LPR status. But if they missed this deadline, they needed to file Form I-90 to properly document their lawful status.

Of note, this new extension will apply to all naturalization applicants who filed their Form N-400 on or after December 12, 2022. But if you filed before, you may not receive a Form N-400 receipt notice with the extension. So if you require assistance with this, please do not hesitate in reaching out to a skilled family immigration lawyer in Milwaukee, WI.

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What Are Tips for My Immigration Interview?

Regardless of what type of visa or status you are seeking, you will likely have to undergo interview proceedings with an official from the United States Citizenship and Immigration Services (USCIS). And there is no such thing as being too prepared for these interviews. This is because the outcome of your interview can be a pivotal factor in whether you will be granted access to the United States. Follow along to find out what you should and should not do for your immigration interview and how one of the proficient Wisconsin immigration attorneys at Sesini Law Group, S.C., can help you put your best foot forward.

Why Your USCIS Immigration Interview Matters

The interview with USCIS is one of the most important aspects of the immigration process, as this interview determines whether or not your application is consistent and legitimate. 

This interview can determine:

It’s important to understand that inconsistencies in this interview, even with the correct paperwork, can result in significant delays and the derailment of your application. As such, it’s important to take this process seriously and ensure you adequately prepare for your interview. 

What To Do Before Your Immigration Interview

As mentioned, ensuring you take the time to adequately prepare for your immigration interview with the local USCIS field office in Milwaukee is critical. 

Gather and Review All Required Documents

Prior to your interview, you should gather the following documents:

  • Your government-issued photo identification
  • The notice of your appointment (Form-797)
  • Original documents relevant to your process, like birth certificates, marriage licenses, and divorce papers
  • Copies of all forms previously submitted to USCIS
  • Supplemental and supporting documentation (tax records, travel history, employment records)

It’s in your best interest to review these documents, as the USCIS officer will ask you about the information you’ve provided. As mentioned, inconsistencies can cause significant delays, so ensuring you understand what information you’ve provided is critical.

Prepare for Common USCIS Interview Questions

In addition to confirming the information you’ve provided on your forms, the USCIS officer will ask additional questions to confirm your eligibility. Familiarizing yourself with the most common questions can help you remain calm and collected during the interview. Common questions typically revolve around:

  • Travel history 
  • Criminal or arrest history
  • Employment history
  • Tax filing obligations
  • Prior visa compliance

What to Do During Your Immigration Interview

No matter how much time you spend preparing for your interview, it’s important to understand how to conduct yourself during the process. In general, you should show up on time, put-together, and with all required documentation.

Answer Every Question Truthfully and Clearly

One of the most important things you can do during your interview is to remain honest. Though you may be worried about the implications of answering a question with the truth, in reality, being caught in a lie can have much more serious consequences. As such, you should keep the following in mind:

  • You should always ask for clarification if a question is unclear
  • Never guess or exaggerate
  • Providing truthful answers can reduce suspicion of fraud
  • Inconsistent answers can be more harmful than unfavorable truths

Can I Bring an Interpreter?

If you need an interpreter, you are allowed to bring one, so long as they meet the following requirements:

  • They are fluent in both English and your native language
  • They can translate word-for-word
  • They are a lawful U.S. permanent resident or citizen

Bring an Immigration Attorney

Having an attorney present during your interview can be incredibly beneficial, as they can:

  • Ensure questions remain in the legal scope of the interview
  • Address any misunderstandings immediately
  • Help protect you against procedural errors

What You Should NOT Do At Your Immigration Interview

An immigration interview can be nerve-wracking. However, there are certain behaviors you should avoid, as they can severely impact your credibility and eligibility in Wisconsin. As such, you should under no circumstances:

  • Argue with the USCIS officer
  • Become hostile
  • Offer unnecessary information
  • Provide false documentation
  • Miss your appointment or show up late

How an Immigration Attorney Can Help You Prepare

As mentioned, working with an immigration attorney can be beneficial during the interview. However, it’s important to understand that an attorney can also help you during the preparation process for your interview.  

Mock Interview and Case Review

Working with an attorney prior to the interview can not only help identify and create strategies for any red flags or potential problems that may arise, but your attorney can also help you gather the necessary information prior to your interview.

Similarly, your attorney can conduct a mock interview, in which they ask questions so you can practice your answers to ensure consistency. This can help you feel confident and less anxious about this process.

Connect With Our Milwaukee Immigration Law Firm

Whether you’re looking to start the immigration process or you’re worried about your upcoming interview, working with Sesni Law Group, P.C. is in your best interest. Our team can help examine your situation to determine the best course of action for your needs. When you need help, our team is here. Contact us today to learn more. 

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What Is the Difference Between Refugee and Asylee Status?

Oftentimes, refugee status and asylee status are mistakenly used interchangeably. Notably, there are key differences that set the two apart. Continue reading to learn what the difference is between refugee status and asylee status and how an experienced asylum immigration lawyer in Milwaukee, WI from Sesini Law Group, S.C., can help you in obtaining the appropriate one.

What is the difference between a refugee and an asylee?

By definition, a refugee is an individual who is outside of their country and who is unable or unwilling to return due to fear of persecution for their race, religion, nationality, membership in a particular social group, political opinion, or otherwise.

Then, an asylee is an individual who meets a similar definition to that of a refugee, but they must already be present in the United States or be seeking admission at a port of entry. With that being said, the main difference between a refugee and an asylee is that a refugee is granted their status while still outside of the U.S., while an asylee is granted their status after entering or seeking entrance to the U.S.

Unique from refugees, an asylee must apply for employment authorization once their application for their status is approved. Also unique is that an asylee may apply for a green card one year after their application for their status is approved, and apply for citizenship four years later.

However, a similarity shared between refugees and asylees is that they have a right to remain in the U.S. for an indefinite period of time or until it is safe for them to return to their home country.

How can I obtain refugee status?

First, a refugee must be referred to the United State Refugee Admissions Program. And if they are found eligible for this status, they must follow the below process:

  1. Submit your application to the Resettlement Support Center, where all your biographical information will be gathered.
  2. Attend an in-person interview with a United States Citizen and Immigration Services (USCIS) refugee officer.
  3. Ensure that the Resettlement Support Center will request “sponsorship assurance” from different community-based organizations.
  4. Take a course on cultural orientation.

How can I obtain asylee status?

To obtain a Green Card as an asylee, you must follow the below process:

  1. Complete Form I-485 (i.e., the Application to Register Permanent Residence or Adjust Status).
  2. Submit filing fees for Form I-485 and for the biometric service.
  3. Submit relevant evidence (i.e., approval notice granting asylum, immigration judge’s order granting asylum, any recent legal name changes, etc).
  4. Ensure that your application is being processed by the USCIS.
  5. Ensure that you receive a receipt notice of your Form I-485.

For more information, we recommend that you consult with a skilled family immigration lawyer in Milwaukee, WI.

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Can My Citizenship be Revoked with Denaturalization?

You may feel comfort in knowing that your naturalization process is over and you have been granted citizenship in the United States. However, you must act in accordance with federal and state law, or else you may be denied your citizenship. Continue reading to learn how your citizenship can be revoked with denaturalization and how an experienced US naturalization lawyer in Milwaukee, WI at Sesini Law Group, S.C., can help you during this time.

What is denaturalization?

Put simply, denaturalization is the process in which a naturalized U.S. citizen can be stripped of their citizenship and subject to deportation from the country. Notably, denaturalization can occur after your citizenship has been granted if the U.S. Citizenship and Immigration Services (USCIS) files an action against you to the federal court. Also notably, your children who were granted citizenship based on your status may also lose their citizenship after you are denaturalized.

On what grounds may my citizenship be revoked with denaturalization?

There are a number of reasons why the USCIS may attempt to get you denaturalized. Some examples include the following:

  • You falsified or concealed relevant facts in your naturalization application process: as you are likely aware, the naturalization application and interview process required you to answer serious questions, such as your criminal history and your real identity. If you so much as slightly veered from the truth in your paperwork or your interview answers, then the USCIS may come after you.
  • You refused to testify before Congress: after you become naturalized, you must testify before the U.S. congressional committee for 10 years after you are naturalized. If they are suspicious of your subversive acts and you refuse to testify before them, then you may be in trouble.
  • You were involved in a subversive group: after you become naturalized, you must not join a subversive group for five years. If the USCIS learns about your involvement in one of these groups, then they may question you.
  • You were discharged from the military on dishonorable grounds: you may have been naturalized by serving for the U.S. military. But is you were dishonorably discharged before completing five years of service, then you may be denaturalized.

It is important to note that once the USCIS files a formal complaint against you, you must respond within 60 days. This is your only opportunity to defend yourself in trial and maintain your citizenship. And, this should not be done without the guidance of a skilled family immigration lawyer in Milwaukee, WI. We understand just how important your citizenship in the U.S. is for you and your family, so you must not hesitate in retaining our services. We look forward to working with you.

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What Can I Do to Keep My Green Card?

Obtaining your green card is half the battle, and keeping it is the other half. In other words, it is important that you act accordingly so that you do not lose the United States citizenship that you worked so hard to achieve. Continue reading to learn what you can do to keep your green card and how an experienced green card lawyer in Milwaukee, WI at Sesini Law Group, S.C., can help you in doing so.

What should I do to keep my green card?

As a green card holder, you have the ability to travel outside of the U.S. However, the first thing you should do to avoid losing your green card is to remain in the U.S. for as long as possible. While there is no official rule for how long you can leave the U.S. without having your green card revoked, you must nonetheless demonstrate that you have every intention of being a permanent resident in this country. Otherwise, it may be concluded by immigration officials that you abandoned your permanent resident status.

With that being said, you can demonstrate your desire to remain a permanent resident in this country in the following ways:

  • You should avoid leaving the U.S. for at least one year after receiving your green card.
  • You should apply for a reentry permit if you plan to leave the U.S. for more than one year.
  • You should maintain U.S. family and community ties when you leave for more than one year.
  • You should file your U.S. income taxes as a resident when you leave for more than one year.
  • You should reenter the U.S. within at most six months of leaving.

Should I apply for a reentry permit?

If you are leaving the U.S., you will need to present your passport from your country of citizenship and your refugee travel document. You will need to verse yourself in the entry and exit requirements of the country you are traveling to, as well.

And if you anticipate that you will be outside of the U.S. for more than a year, then you should submit a reentry permit to the United States Citizenship Immigration Services. This permit is important because it will allow you to stay outside of the U.S. for up to two years. What’s more, it may serve as an entry document upon your return. Importantly, you should apply for a reentry permit before you leave the U.S.

In addition, upon reentering the U.S., you will need to present the following documents:

  • Your valid, unexpired green card (i.e., Form I-551, Permanent Resident Card).
  • Your passport.
  • Your foreign national identification card or your U.S. driver’s license.

For additional advice, do not hesitate in reaching out to a skilled family immigration lawyer in Milwaukee, WI today.

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What Was the Final Rule on DACA?

On October 31, 2022, the Department of Homeland Security gave a final rule on Deferred Action for Childhood Arrivals (DACA). If you are a DACA recipient, follow along to find out how this rule may benefit you and how a proficient family immigration lawyer in Milwaukee, WI at Sesini Law Group, S.C., can help you in assessing your situation.

What is DACA?

First of all, DACA is an immigration policy meant to protect children who were brought to the United States from deportation. Eventually, these children will have an opportunity to retain citizenship in the United States. Since 2012, this policy has accepted 800,000 or more children to remain with their families in the United States.

What was the Department of Homeland Security’s final rule on DACA?

Put simply, the Department of Homeland Security’s final rule signifies that DACA is now based on a formal regulation instead of a policy memorandum. This will protect the program as it undergoes litigation proceedings.

More specifically, the rule establishes the following:

  • The U.S. Citizenship and Immigration Services (USCIS) will continue to recognize current DACA recipients’ deferred action, employment authorization, and advance parole as valid.
  • The USCIS will not view DACA as a form of lawful status but rather DACA recipients will be viewed as lawfully present for certain purposes.
  • The USCIS may grant deferred action and renewable two-year work authorization to non-citizens who meet the following:
    • They meet all eligibility criteria.
    • They clear all national security and public safety vetting.
    • They are found to merit a favorable exercise of discretion.

However, it is important to note that, due to the litigation proceedings, the Department of Homeland Security will not be granting deferred action to any new DACA recipients.

What was the response to the final rule on DACA?

Firstly, the final rule on DACA took into consideration 16,000 or more comments that were received during the public comment period.

With that being said, this rule is a milestone for DACA. Secretary of Homeland Security Alejandro N. Mayorkas was quoted saying, “This final rule is our effort to preserve and fortify DACA to the fullest extent possible. Ultimately, we need Congress to urgently pass legislation that provides Dreamers with the permanent protection they need and deserve.”

In addition, U.S. Citizenship and Immigration Services Director Ur M. Jaddou was quoted saying, “Implementation of the DACA final rule illustrates USCIS’s continued commitment to Dreamers. While court orders prevent us from adjudicating requests from initial applicants, we will continue to carry on the important work of renewing and continuing protections for current DACA recipients, as outlined in this final rule.”

If you require more information on the recent rule on DACA, you must consult with a talented family immigration attorney as soon as possible. We look forward to helping you establish your future in the United States.

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What Should I Know About an O Visa?

Follow along to find out what an O visa is, who is eligible, and how one of the proficient Wisconsin immigration attorneys at Sesini Law Group, S.C., can help you in collecting evidence for your application.

By definition, what is an O Visa?

Sometimes, individuals are required to frequently travel to different countries for their profession. And if these individuals move to the United States, they will need to be granted the ability to obtain employment in the country. This is where an O Visa comes into play. An O Visa allows individuals with extraordinary ability in their field to work in the United States. Technically, this is a classification of non-immigrant temporary worker visas.

Who is eligible for an O Visa?

The following is a list of individuals who may be eligible for an O visa:

  • An individual who has an extraordinary ability in athletics.
  • An individual who has an extraordinary ability in business.
  • An individual who has an extraordinary ability in education.
  • An individual who has an extraordinary ability in science.

In addition, an individual must meet any three of the following prerequisites:

  • An individual must have won a major award in their field.
  • An individual must receive a significant salary in their field.
  • An individual must have made an original contribution to their field.
  • An individual must serve a significant role in an organization related to their field.
  • An individual must serve as a member of an association that requires extraordinary ability in their field.
  • An individual must have articles written about their extraordinary ability.
  • An individual must have written an article about their field.

It is important to note that individuals who have extraordinary ability in the arts must apply for a subset of this type of visa. More specifically, this is the O-1B Visa. With this, you, your employees, and your dependents will be eligible to enter the United States. However, even though you and your employees will be allowed to retain employment in the country, your dependents will not.

How do I prove my extraordinary ability in my field?

There are a number of items you can use to prove your eligibility for an O Visa, and they read as follows:

  • For individuals with extraordinary ability in athletics, business, education, and science:
    • Awards.
    • Itineraries, such as game schedules, production calendars, and research calendars.
    • A written opinion from a United States organization that states your extraordinary ability.
  • For individuals with extraordinary ability in the arts:
    • Album or art sales.
    • Concerts or tours.
    • Itineraries, such as concert schedules or gallery schedules.

If you require assistance with obtaining this visa, reach out to our firm today.

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What Policies Updates Came with the Form N-648 Revision?

The United States Citizenship and Immigration Services (USCIS) recently announced that there is updated policy guidance to coincide with revisions made to Form N-648, otherwise known as the Medical Certification for Disability Exceptions. If you are a naturalization applicant, continue reading to learn how these updates may impact you and how an experienced US naturalization lawyer in Milwaukee, WI at the Sesini Law Group, S.C., can walk you through Form N-648.

Why were there policy updates after the revision of Form N-648?

These revisions to Form N-648 are in response to the Biden Administration’s goal to remove barriers for naturalization applicants and medical professionals, as seen in President Biden’s Executive Order 14012, Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.

In addition, Form N-648 was revised in response to the Biden Administration’s goal to remove barriers for underserved populations, as seen under President Biden’s Executive Order 13985, Advancing Racial and Equity Support for Underserved Communities Through the Federal Government.

With this, USCIS Director Ur M. Jaddou stated, “This is a wonderful example of how USCIS is listening to the public it serves to better address their needs, while fulfilling our responsibilities as an agency. The changes made to Form N-648 are yet another way in which USCIS is removing barriers to naturalization, by President Biden’s Executive Order 14012 and Executive Order 13985.”

What policy updates came after the revision of Form N-648?

If you are a naturalization applicant with a physical or developmental disability or mental impairment, this may prevent you from fulfilling the English and civics testing requirements for naturalization. In this case, you may file Form N-648 to request an exception to those requirements, and this must be completed and certified by a medical professional. Mainly, Form N-648 was revised in a way that is now shortened and simplified. On top of this, it now has new telehealth guidelines.

The most notable changes to Form N-648 include the following:

  • The elimination of questions about how each relevant disability affects specific functions in your daily life (i.e., going to work or school).
  • The elimination of dates of diagnosis, description of the severity of each disability, and whether the medical professional has a pre-existing relationship with you.
  • The elimination of the need for separate medical documentation.
  • The guidance for telehealth medical examinations.
  • The acceptance of Form N-648 after you file Form N-400, Application for Naturalization.

If you require additional assistance with navigating these updates, consult with a skilled N-400 application lawyer in Milwaukee, WI today.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Does Asylee Status Provide a Path to U.S. Citizenship?

Legally speaking, an asylee is a person who seeks asylum in the United States to escape persecution in their home country. And, as with all other aspects of U.S. immigration, turning your asylee status into a permanent resident status involves a complicated set of rules, requirements, and procedures. Continue reading to learn how your asylee status may provide a path to U.S. citizenship and how an experienced asylum immigration lawyer in Milwaukee, WI at the Sesini Law Group, S.C., can help in making this possible.

Am I eligible to turn my asylee status into a U.S. citizenship?

First of all, if you would like to receive asylee status because of persecution, then this persecution must be based on your race, religion, nationality, social group, or political opinion.

If you then want to apply for a Green Card to become a U.S. citizen, you must meet the following requirements:

  • You must be physically present in the U.S. for at least one year after being granted asylum.
  • You must continue to meet the definition of an asylee, or you are the spouse or child of an asylee.
  • You must not abandon your asylee status.
  • You must not firmly resettle in any other foreign country.
  • You must continue to be admissible to the U.S.

How do I turn my asylee status into a U.S. citizenship?

Once you determine that you are eligible to apply for a Green Card as an asylee, you must follow these designated steps:

  1. Complete Form I-485 (i.e., the Application to Register Permanent Residence or Adjust Status).
  2. Submit filing fees (i.e., $1,140 fee for Form I-485 and $85 for the biometric service).
    • For asylees under the age of 14, you do not need to submit the biometric service fee.
  3. Submit evidence (i.e., a copy of your Form I-94, Arrival and Departure Record, an approval notice granting asylum, or a copy of the immigration judge’s order that shows you were granted asylum).
    • For asylees who had a name change since being granted asylum, you are required to submit evidence of a legal name change.
  4. If applicable, submit Form I-602 (i.e., the Application by Refugee or Waiver for Grounds of Excludability).
  5. If applicable, submit certified copies of court or arrest records if you were arrested, charged, or convicted of a misdemeanor. Also, submit certified disposition documents that show the outcome of the arrest, charge, or conviction.

Your application soon will be processed by the United States Citizenship and Immigration Services. Then, you should receive a receipt notice of your Form I-485 and a written notice of the decision. If you require help during this time, reach out to a skilled family immigration lawyer in Milwaukee, WI today.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What Can I Expect During My Naturalization Interview?

Beginning the naturalization process is likely a very exciting moment for you. However, this is by no means an easy process. There are a lot of steps that you will need to take, one of which includes the naturalization interview. Essentially, this interview is a test to determine your basic knowledge of English, United States history, and the U.S. government. Continue reading to learn more about the naturalization interview and how an experienced US naturalization lawyer in Milwaukee, WI at the Sesini Law Group, S.C., can help you prepare for this moment.

What will my naturalization interview entail?

Firstly, your naturalization interview will be conducted by a member of the United States Citizenship and Immigration Services (USCIS) and will take place at your local USCIS office. You must arrive at your interview on time.

Next, the questions that you will be asked will pertain to your N-400 Form, which contains general information about the following:

  • Your country of origin.
  • Your parents.
  • Your employment status.
  • Your marital history.
  • Your time spent outside of the U.S.

In addition, you will be required to take an English language test and a civics exam. For your English language test, you must demonstrate your understanding of the English language through your ability to read, write, and speak basic English. And for your civics exams, you must demonstrate your understanding of the U.S. government and history.

What can I do to prepare for my naturalization interview?

In more detail, the following are ways in which you can prepare for both the English language test and the civics exam in your naturalization interview:

  • English language exam:
    • Speaking: your ability to speak and understand English will be determined throughout your conversations in your interview.
    • Reading: you must read aloud one of three sentences correctly. The Reading Test Vocabulary List will help you study for this portion.
    • Writing: you must write one of three sentences correctly. The Writing Test Vocabulary List will help you study for this portion.
  • Civics exam:
    • From a list of 128 civics test questions, you must correctly answer at least 12 of the 20 questions asked of you.

Importantly, you will be given two attempts to pass your naturalization interview. If you fail any of the tests at your initial interview, you will be retested on that portion anywhere between 60 to 90 days from the date of your initial interview.

You do not always find out the results of your naturalization interview on the same day, as you may have to provide more information or have another interview altogether. If you have any questions about your results, you must retain the services of one of the skilled Wisconsin immigration attorneys today.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What Does it Mean to Be a Naturalized Citizen?

For many immigrants, few things are more important than becoming naturalized citizens here in the United States. While it is a great honor to become a naturalized citizen, the truth is, many don’t fully understand all the benefits and responsibilities of becoming a naturalized citizen. Please continue reading and reach out to our dedicated Wisconsin immigration attorneys to learn more about what it means to become a naturalized citizen and how our legal team can help guide you through the process. Here are some of the questions you may have:

What is a naturalized citizen?

Essentially, naturalization is the process you must undergo to become a United States citizen if you were born outside of the United States. There are various routes by which you may become a naturalized citizen. To qualify for naturalization, you must:

  • Be at least 18 years old when you apply
  • Be a lawful permanent resident here in the United States for three or five consecutive years
  • Be able to read and write in English
  • Have continuous physical prescence in the U.S.
  • Be of good moral character
  • Show loyalty to the principles of the U.S. Constitution
  • Take the Oath of Allegiance

What are the rights and responsibilities after I’ve been naturalized?

Once it’s determined you qualify for naturalization, you apply, take the Oath of Allegiance, and become a naturalized citizen, you’ll be afforded a wide range of rights, and you’ll also have some responsibilities to your fellow U.S. citizens. To start, some of your rights are as follows:

  • You can vote in elections
  • You can apply for federal employment
  • You have a right to a prompt fair trial by jury
  • You can lawfully remain in the United States for the rest of your life

That said, some of the responsibilities of being a U.S. citizen are as follows:

  • Participating in the democratic process, such as jury duty
  • You must respect local, state, and federal laws
  • You should stay informed of issues in your community
  • You must support and defend the Constitution
  • You must pay income and other taxes timely and honestly

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What is an Adjustment of Status?

There are few things more important to immigrants than becoming permanent residents of the United States. If you’re looking to obtain an adjustment of status, please continue reading and speak with a dedicated adjustment of status immigration attorney in WI to learn more about how we can help you through the process ahead. Here are some of the questions you may have:

What is an adjustment of status?

Non-citizens can petition to become lawful permanent residents of the United States through the process known as an adjustment of status. That said, you should understand that not every non-citizen is eligible for an adjustment of status.

Do I qualify?

To qualify, you’ll need to meet various criteria and prove that you qualify either on the grounds of family-based immigration, refugee/asylum, special programs, or job/employment-based immigration. For example, to qualify through family-based immigration, you’ll need to prove that you are an immediate relative of a United States citizen, such as a parent, spouse, or unmarried child under the age of 21. Ultimately, regardless of the grounds on which you’re looking to receive a status change, you’ll be best served with our seasoned Wisconsin immigration attorneys in your corner.

How do I get it?

To receive an adjustment of status, you’ll need to file a petition, which can take several months, or, in some cases, even more than a year. Likely, you’ll need to submit biometrics and attend a formal interview with USCIS. If you’re looking to become a lawful permanent resident on the basis of marriage, you will need to provide proof that you are getting married to a United States citizen. While you’re waiting for approval, you may be eligible to file for employment authorization to work here in the United States and “advance parole,” which gives you the right to work and travel to and from the U.S. before you receive formal approval.

If you have any further questions about how you can become a lawful permanent resident of the United States, please don’t hesitate to speak with the Sesini Law Group, S.C. today. We are here to help you through each step of the legal process ahead. All you need to do is get in touch.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Do I Qualify for an EAD in the United States?

If you’re looking to live and work here in the United States, one of the most important things you can do is first get an Employment Authorization Document, also known as an EAD. Please continue reading and reach out to our dedicated work authorization permit lawyer in Milwaukee, WI to learn more about whether you’ll qualify and how our legal team can help you get one. Here are some of the questions you may have:

How do I know if I can get an EAD in the United States?

The first thing you should understand is that not everyone automatically qualifies for an Employment Authorization Document. You must first be authorized to work in the United States either because of your immigration status as a refugee, U nonimmigrant, or an asylee. If you need to apply for permission to work in the United States, such as if you have a pending Form I-589, you will also need to obtain an Employment Authorization Document. In this case, you’ll need to file Form I-765, Application for Employment Authorization.

Is there a way to renew an Employment Authorization Document?

Fortunately, if you’re looking to extend your stay and your time working here in the United States, you can renew your EAD. If your EAD is expiring or has recently expired, you can file for renewal by submitting a new Form I-765 and a filing fee.

What should I do if I can’t find my Employment Authorization Document?

If your EAD has been lost or stolen or is otherwise no longer in your possession, you can file a new Form I-765 with a filing fee. In some cases, you may not have to pay the fee if you request a fee waiter. You should also note that if your EAD contains any errors, such as a misspelling of your name, you can submit the card to USCIS with a description of what was incorrect with the document, and you shouldn’t have to pay a filing fee of any kind.

If you have any additional questions about living and working here in the United States, please don’t hesitate to speak with our seasoned immigration law firm. We are here to help you in any way we can.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Fair and Human Charge Rule Published

If you’ve been paying attention to the news this past year, you most likely heard about the U.S. Department of Homeland Security proposing a “Fair and Human Public Charge Rule” back in February. If you’re an immigrant who is either about to come to this country or already in this country, it was likely welcome news. We’re happy to announce that now, as of September 8, 2022, DHS has made a final rule to be published in the Federal Register regarding what constitutes a “public charge.” Read on and speak with our knowledgeable Wisconsin immigration attorneys to learn more about the ruling and what it may mean for you.

What is a public charge?

Essentially, when an immigrant comes to this country, they must provide proof that they will not become a “public charge,” at any point, and if they should need financial assistance, that they’ll have someone in the United States who can support them financially. The previous administration declared that Medicaid and nutritional assistance were to be considered public charges, something that simply wasn’t the case in years past. Because of this decision, many immigrants were left wondering about their future here in the United States.

Fortunately, now, DHS has ruled that Medicaid and nutritional assistance are no longer public charges and those who accept these forms of financial assistance don’t have to worry about losing their right to remain here in the United States.

Of the recent Fair and Human Public Charge Rule, Secretary of Homeland Security Alejandro N. Mayorkas said, “This action ensures fair and humane treatment of legal immigrants and their U.S. citizen family members. Consistent with America’s bedrock values, we will not penalize individuals for choosing to access the health benefits and other supplemental government services available to them.”

If you have any questions about the recently finalized rule, or any other immigration-related questions, please don’t hesitate to speak with our legal team today. We are here to provide clarification and help you in any way we can.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What is an I-601 Waiver?

As an immigrant, there are few things worse than either being denied re-entry into the United States or being forced to leave the United States. That said, this is something that happens virtually every single day, and on a wide range of grounds. However, fortunately, some who’ve been denied entry into the U.S. can re-enter through what’s known as an I-601 waiver, formally known as a Waiver of Grounds of Inadmissibility. Please continue reading and speak with a seasoned I601A Waiver Lawyer in Milwaukee, WI to learn more about these waivers and how our legal team may be able to help you through the process ahead. Here are some of the questions you may have:

Am I eligible for an I-601 waiver?

When someone enters the country illegally or has overstayed their visa and wants to apply for permanent residency, they will have to do so with a consult outside of the United States. However, if you’re in the U.S. illegally but leave, you will likely be subject to a three or ten-year bar from reentering the United States. However, by applying for a 601-A waiver, you may be exempt from this bar. If you were considered inadmissible either due to a criminal conviction, illegal entry into the U.S., a security violation, or because you have a certain health condition, you may be eligible to get this bar waiver if you can prove that a spouse or parent who is legally in the United States would suffer extreme hardship if you’re not allowed to return.

What is extreme hardship?

There are various circumstances that may technically qualify as extreme hardship. Some of those circumstances are as follows:

  • They have a medical condition and require you to care for them
  • They have another sick family member and need your support to care for that family member
  • They are financially dependent on you and you cannot provide sufficient financial support from abroad
  • They are in debt financially and cannot pay off those debts without your support

If you think you may qualify for this waiver or you’d like to discuss this matter further with a lawyer, please don’t hesitate to speak with Sesini Law Group, S.C. today.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Update Regarding DACA Policy

Many immigrants enter the United States in search of a more prosperous life every single year. That said, children who entered this country illegally with their parents, they were forced into a situation beyond their control. Because of this, the DACA program was instated to help protect children who were brought to this country from deportation, and give them a shot at eventual citizenship. That said, over the years, there has been a great deal of back-and-forth regarding DACA, and the futures of DACA children were left largely in jeopardy. Fortunately, USCIS recently announced an update to its DACA program that should work to the benefit of DACA children, many of whom are now young adults. Please continue reading and reach out to our seasoned family immigration lawyer in Milwaukee, Wisconsin, to learn more about the update and what it may mean for your future.

What does the most recent DACA update mean for my future?

Recently, Homeland Security Secretary Alejandro N. Mayorkas announced that a final ruling has been issued to preserve and fortify the DACA policy for eligible noncitizens who entered the United States as citizens. This includes over 800,000 people in the program.

Of the decision, U.S. Citizenship and Immigration Services Director Ur M. Jaddou said, “DACA has transformed the lives of its recipients and has made us better and stronger as a nation. USCIS is proud to play an important role in implementing the DACA final rule and is committed to ensuring DACA recipients can continue to remain a vital part of their communities and contribute to this country that is their home.”

Ultimately, the announcement finalizes the existing threshold for DACA, retains the process for DACA requestors to get work authorization here in the United States, and legally recognizes DACA recipients as lawfully present persons here in the United States.

If you would like to learn more about DACA, the recent ruling, and what it may mean for you, please don’t hesitate to speak with our seasoned legal team today. We are here to help.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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How Can I Help My Relative Get United States Citizenship?

As a United States citizen with foreign-born relatives, you’re most likely looking to help them gain citizenship here in the U.S. as well. Please continue reading and reach out to our experienced family immigration lawyer in Milwaukee, WI to learn more about how we can help your relative get U.S. citizenship. Here are some of the questions you may have:

Does a Form I-130 help a relative get citizenship?

Yes, it can. Form I-130, known as the Petition for Alien Relative, is the first thing you’ll need to complete to have your relative gain United States citizenship.

Where do I file this form?

If you’re living in the United States and are a citizen, you will file this form either at the Chicago, Dallas, or Phoenix lockbox. However, if you’re a United States citizen, are residing somewhere outside of the United States, and are looking to file for either your unmarried child under the age of 21 or your parents, you’ll have to file at the USCIS international office in your current country.

If there is no location for a USCIS international lockbox, you will file at the Dallas lockbox. In this form, you’ll have to detail exactly how you’re related to the person you’re filing for, as well as various other additional personal info, including:

  • Your mailing address
  • Your marital status
  • Evidence of your citizenship here in the United States
  • A copy of your birth certificate
  • Your relative’s full name
  • Your relative’s date of birth
  • Your relative’s physical address
  • Your relative’s marital information

Our firm can help ensure you include all of the necessary information in your Form I-130.

Do I have to pay to file Form I-130?

You will have to pay to file the Form. Currently, it will cost you $535 to file this form. You will have to pay the fee either through money order, personal check, cashier’s check, or by credit card via Form G-1450, Authorization for Credit Card Transactions. Our legal team has extensive experience helping individuals through this process, and we are here to put that experience to work for you. If you have any additional questions about how the process works or how you can lawfully get your relatives into the United States, please don’t hesitate to pick up the phone and give us a call.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Can An Attorney Protect Me From Deportation in WI?

As a non-citizen of the United States, there is nothing more frightening than the prospect of deportation. Being deported from the country can result in you having your life entirely uprooted and having to start over again in your native country. For this reason, if you’re currently at risk of being deported, the most important thing you can do is continue reading and speak with our knowledgeable and highly skilled Removal & Deportation Defense Lawyer in Milwaukee, WI to learn more about some of the best defenses against deportation and how our legal team can help you. Here are some of the questions you may have:

What are some of the best defenses against deportation from the United States?

The good news is that there are a wide array of potential defenses at your disposal. Just some of the most common defenses are as follows:

  • Asylum
  • Adjustment of Status
  • Cancellation of Removal for Permanent Residents
  • Convention Against Torture
  • Cancellation of Removal for Non-Permanent Residents
  • Withholding of Removal
  • Voluntary Departure

Of course, the defense we use will depend largely on the circumstances of your specific case.

Should I hire a lawyer if I’m facing deportation from the United States?

Absolutely. Hiring an attorney to handle your case is paramount, and will likely make the difference between a positive outcome and a negative one. There are several reasons why you should consider hiring legal counsel. Just some of those reasons include:

  • An attorney has a firm understanding of the law and any loopholes in the law that may be used to your advantage.
  • An attorney knows how to negotiate and deal with legal authorities.
  • An attorney can help inform you of your options and understand the bigger picture.
  • Once you’re a client, your well-being becomes your attorney’s number one priority.
  • An attorney can give you straight advice and an expectation of how your case may go.

If you have any further questions about how our Wisconsin immigration attorneys can help you remain here in the United States, please don’t hesitate to pick up the phone and give us a call. We care about you, your family, and your right to live and work in the U.S. When you turn to us, you can feel confident that you have the right legal advocate in your corner.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What is an EB-1 Visa & Do I Qualify for One?

For many immigrants, few things are more important than living in and working here in the United States. If you are someone of prominence or with a unique ability, you may qualify for an EB-1 visa. Please continue reading and reach out to a knowledgeable work authorization permit lawyer in Milwaukee, WI to learn more about these visas, how they work, and how we can help you get one. Here are some of the questions you may have about the process ahead:

Do I qualify for an EB-1 visa?

To start, as previously mentioned, to qualify for an EB-1 visa, you’ll have to prove that you demonstrate extraordinary ability in your field. EB-1 visas are offered to those proficient in a variety of fields, including the arts, education, athletics, sciences, or business. That said, it takes more than simply being “good” at something to qualify; you must prove that you’ve attained “sustained national or international acclaim” because of your skills.

How can I get an EB-1 visa?

When applying for this visa, you’ll have to submit various forms of documentation, including your passport, any employment offers you’ve received from U.S. employers, your approved labor certification, your DS-260 confirmation page, and the approved petition for you to work in the U.S. You’ll also need to provide evidence of at least three of the following:

  • Received national or internationally recognized prizes or awards for your successes in the field
  • Had artistic, scientific, or other original work published and recognized/displayed in some way
  • Been asked to judge the work of others
  • You are a member of certain organizations that require outstanding achievement
  • You’ve been in a leading or very important role in a distinguished organization/association
  • You’ve had material such as books, articles, or news stories published about you
  • You are paid higher than others in your field
  • Proof of commercial successes in the performing arts

Should I hire a lawyer to help me get this visa?

Absolutely. If you are facing an immigration matter of any sort, it’s always best to proceed with competent Wisconsin immigration attorneys in your corner. Our firm can ensure that all deadlines are reached and that the process moves along as smoothly as possible. We’ve helped countless individuals get their EB-1 visas over the years, and we’d be honored to help you as well. Give us a call today so we can begin working on your case.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What’s a Green Card?

For many immigrants, getting a green card is a pivotal moment in their lives. If you’re looking to secure a green card, you’ve come to the right place. Contact a green card lawyer in Milwaukee, WI today to learn more about the process and how we can help you through it. Here are some of the questions you may have:

How do I know if I can get a green card in Wisconsin?

The first thing you should understand is that you can get a green card on various grounds. There are family-based green cards, employment-based green cards, and there is also a path to a green card through refugee/asylee status. To get a family-based green card, you will have to reside in the United States and either have to marry a United States citizen, be the parents of a United States citizen, or be an unmarried child under the age of 21 of a United States citizen.

If you’re looking to get an employment-based visa, you will have to apply for permanent residence or an immigrant visa while you are outside of the country. The United States only issues a certain amount of employment-based visas every year, so it’s imperative you meet every deadline when applying. Typically, to get an employment-based visa, you’ll either need specialized knowledge in a given field or you’ll need to apply for a job for which not enough U.S. workers apply.

Finally, those who can prove that they are unsafe in their country and subject to persecution due to their race, gender, religion, or other protected characteristics may apply for permanent residence one year after entering the United States and being granted asylee/refugee status.

Should I hire a lawyer?

Absolutely. Applying for a green card is a complex and document-heavy process, and if you don’t do it right, it can be incredibly costly, not only monetarily, but also to your future as a potential permanent resident. If you’re looking to apply for a green card, the very first thing you should do is retain the services of a competent immigration attorney who can assess your situation, determine whether you may qualify, and, from there, walk you through the process. Our firm has extensive experience representing clients looking to become permanent residents, and we’re here to help you as well.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What Should I Know About Pending Green Cards in Wisconsin?

Getting a green card is a huge step for immigrants looking to reside here in the United States. That said, there’s a lot you need to know about green cards, the freedom they afford, and what your limits are if your green card is currently pending. Read on and reach out to our experienced green card lawyer in Milwaukee, WI to learn more about pending green card applications and what you can and cannot do while your card is pending. Here are some of the questions you may have:

Can I move if my green card is currently pending?

Yes, you are allowed to move if your green card is currently pending, however, you are required to update your address within 10 days of your move. Failing to do so can have significant repercussions, as you may miss certain critical updates about your case. That said, you can very easily update your address through your USCIS account online or file Form AR-11, Alien’s Change of Address Card on the USCIS Change of Address online page.

Can I leave the US if my Form I-485 is still pending?

You are allowed to leave the country for a certain period of time, especially for emergencies, however, if you’re looking to leave the United States for any period of time, you absolutely must file Form I-313, Application for Travel Document before you do. If you leave without filing this form, you will most likely lose your opportunity to obtain a green card. If you have any other questions about this or you would like one of our attorneys to help you draft this document, give us a call.

How long can I expect my green card to take to process?

Once you submit Form -485, you can expect your case to be processed anywhere between a little over six months to 20.5 months. We understand that this is an exciting time, but it’s best to remain patient while you await approval. You should also note that you can check the status of your pending application either by visiting the USCIS Case Status webpage or by calling 800-375-5283. If you have any other questions about the green card process, feel free to reach out to the Sesini Law Group, S.C. today. We are here to help you in any way we can.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Do I Need to Hire an Immigration Attorney in Wisconsin?

If you’re an immigrant here in the United States, you likely face a wide variety of scenarios that may require competent legal representation. After all, your future in this country may be on the line. That said, many people facing these issues are hesitant to hire an immigration lawyer, often because they believe they may be able to handle the matter on their own. This is a mistake, and for several reasons. Please continue reading and speak with our experienced Wisconsin immigration attorneys to learn why it’s so important to retain a dedicated legal team, regardless of the immigration matter you’re facing.

Why should I hire an immigration lawyer?

You need a competent immigration lawyer for several reasons. Just some of the most important reasons you should hire a trustworthy attorney are as follows:

  • An immigration lawyer is familiar with the law. First and foremost, if you aren’t an immigration attorney, you likely don’t have extensive knowledge of the law. Handling your own case without an attorney can be detrimental. Attorneys are familiar with the various processes associated with immigration law and can give you useful insight into your situation, providing you with options, tailoring a strategy to your needs, and executing that strategy effectively. Without an attorney who has significant knowledge of the law and experience working within the law, you may very well put your future here in the United States in jeopardy.
  • An immigration lawyer is organized. One of the most significant portions of the immigration process is filling out paperwork. There are hundreds of forms and documents associated with immigration law here in the United States, and you need an attorney who can help you navigate them. Additionally, our firm is organized and will have all relevant information in your case file, always at the ready to best serve your needs.
  • A lawyer may provide you with a path to citizenship. Depending on your circumstances, you may be surprised to learn that an eventual path to citizenship is available to you. For many immigrants, becoming a naturalized citizen is the ultimate goal. Our job as immigration attorneys is to help immigrants realize that goal.

If you have any questions about your specific case or would like to get to know us better, give us a call or contact us online today. We are here to help you through each phase of your case.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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How Do I Renew a Green Card? Here’s What to Know.

There are few things more important to many immigrants than getting their green card. That said, green cards are only valid for a certain period of time, but they may be renewed. To learn more about how to renew your green card, please continue reading and speak with a knowledgeable Green Card lawyer in Milwaukee, WI to learn more about renewing your green card and how our legal team can help. Here are some of the questions you may have:

How can I renew my green card?

The first thing you’ll have to do is complete a Form I-90, Application to Replace Permanent Resident Card. You can do this either online or through a paper application. If you own an earlier version of the alien registration card, you’ll have to replace it with your current green card.

Do I have to be in the U.S. to renew a green card?

You don’t. If you didn’t apply for a green card before leaving the United States, you can contact a U.S. Consulate office of a U.S. port of entry. You can then file Form I-90 for renewal. That said, if your green card will expire in six months and you plan on leaving the United States for more than six months but less than one year, you can file for the renewal card when you return.

What happens if I’m not allowed to renew my green card?

If your application to renew your green card has been denied, you’re most likely very worried about your future here in the United States. Though you cannot appeal a rejected renewal application, you can still file a motion to reopen or a motion to reconsider with the office that rejected your green card renewal.

That said, you should never do so without competent legal counsel in your corner. Our legal team has helped guide countless individuals through the green card process over the years, including even after their requests for renewal have been rejected, and we are prepared to help you as well. No matter the issue concerning your green card, the most important thing you can do is speak with a legal team who truly cares about your future. Give Sesini Law Group, S.C. a call today to learn more about how we can assist you.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What is a U Visa and Can I Receive One?

If you’re looking to become a lawful permanent resident, you may do so by obtaining a U Visa under certain select circusmtances. Please continue reading and reach out to a competent U Visa attorney in Milwaukee, Wisconsin to learn more about these visas, whether you will qualify for one, and how we can help you receive one. Here are some of the questions you may have:

How do I get a U visa?

When immigrants or their families are made victims of crimes, such as mental or physical abuse, they can assist law enforcement or other government entities in arresting and prosecuting the case against the individual who committed the crime. In some cases, when an immigrant who’s been made a victim of a crime can obtain a U visa and become a lawful permanent resident as long as they’ve had a perpetual physical presence in the U.S. and have aided law enforcement in an investigation.

Who qualifies for a U Visa?

For someone to receive this visa, they will have to meet various qualifications. To start, they must be a victim of a qualifying crime. Crimes that may qualify include rape, prostitution, human trafficking, domestic violence, murder, kidnapping, female genital mutilation, manslaughter, and sexual assault. The individual (or their family member) must have suffered substantial abuse and be willing to provide information regarding the crime committed against them to law enforcement. The applicant must also be admissible to the United States under current law and the criminal activity must have occurred in the United States or violated United States law. If you meet all of these criteria, you should qualify to receive a U Visa.

Once you receive your visa, it should be valid for four years, allowing you to remain in the U.S. for four years. That said, in certain cases, an individual may extend this visa. For example, if law enforcement requests an extension because the case has not yet concluded, they should receive an extension. Additionally, if the visa is needed due to delays in consular processing or exceptional circumstances, it may be extended. Finally, the visa may be automatically extended upon the filing of an application for adjustment of status. If you have any additional questions or you believe you may qualify, please don’t hesitate to speak with our competent Wisconsin immigration attorneys today. We’re here to help you, every step of the way.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What Questions Should I Ask My Immigration Attorney?

 

There are few legal matters more personal, and, often, time-sensitive, than those involving immigration. If you’re facing an immigration-related issue and you need legal counsel, you must understand that you can’t hire just any attorney, you need an attorney who checks all the boxes and who can effectively handle your case. Your future in this country may hang in the balance, so it’s not a decision to be taken lightly. For this reason, our Wisconsin immigration attorneys have compiled a short list of some of the most important questions you should ask before hiring your immigration attorney.

Questions to Ask Before Hiring Your Immigration Attorney

Just some of the most important questions you should ask both yourself and your attorney before moving forward with your case are as follows:

  • Can the attorney answer your questions? The most important trait of any attorney is having a deep knowledge of the law. If your attorney doesn’t understand immigration law or can’t answer even the most simple questions surrounding your case, you should probably hire another attorney who’s better capable of tackling your case.
  • Does the attorney exclusively practice immigration law? Just like you wouldn’t hire a plumber to work on your car, you shouldn’t hire a personal injury lawyer (or any other type of lawyer) to handle your immigration case. Here at Sesini Law Group, S.C., immigration law is all we do. We don’t dabble in several fields of law–we exclusively help clients facing critical immigration-related matters.
  • Is your attorney approachable and available? When hiring an attorney, you should feel comfortable and confident in your decision. Here at Sesini Law Group, we keep our clients in the loop at all times, answer each of their pressing questions, and make ourselves constantly available to speak with our clients, should any other questions or concerns arise. The bottom line is that trust is the foundation of any relationship, especially an attorney-client relationship.
  • How is your attorney rated on Google? Just as you would look up a restaurant’s reviews before dining there, you should also look up your prospective law firm’s reviews. Sesini Law Group, S.C. maintains a near-5-star rating which showcases our dedication to the well-being of our clients.

If you have any other questions or you’d like to speak with us about your case, simply pick up the phone and give us a call or fill out our online contact form today.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What is PERM labor certification in Wisconsin?

If you are a U.S. employer in need of workers or are an immigrant looking for U.S. employment, continue reading to learn about the PERM labor certification process. Then, call our work authorization permit lawyer in Milwaukee, WI for more information.

What is the PERM labor certification process?

  • Step one: Prevailing wage determination request – When beginning the PERM process, an employer must first make a prevailing wage request. This provides the Department of Labor (DOL) with information, like job requirements for instance. The DOL will then issue a prevailing wage determination (PWD) that states the wage for the job and the specific work location.
  • Step two: Placing ads and recruiting – The goal of the PERM process is to show the DOL that there aren’t U.S. workers willing to work in this job position, which is why you as the employer need the help of immigrants. Therefore, the second step in the process is very important because it’s when the employer begins recruiting employees. The PERM process involves a series of advertisements, including an advertisement with the state workforce agency, newspaper advertisements, and more. It’s recommended that these advertisements are made within a similar timespan because there’s a 180-day time limit on these advertisements. If any of the advertisements exceed 180 days, then the ad cannot be used for the PERM process.
  • Filing ETA form 9089 – The last step in the process involves submitting the PERM application via ETA form 9089. The employer must wait for 30 days after the expiration date of the last advertisement. The employer will then have to wait several months for the DOL to either approve, deny, or audit the request.

How can I become a permanent worker in Wisconsin?

There are hundreds of thousands of immigrants who come to the United States each year in pursuit of better work opportunities. There are a few common visa types that allow immigrants to pursue these opportunities, including:

  • EB – 1 visa – These are for immigrants with outstanding skills in the arts, sciences, athletics, business, or education. If they can prove this, then they will receive priority amongst the immigrants coming into the U.S.
  • EB – 2 visa – These visas are for those who have advanced degrees in business, the arts, and sciences.
  • EB – 3 visa – These are for “skilled workers” with a higher education degree who have at least 2 years of training or experience in their field.

We understand that this is a complicated process, but our team is here to help. Call our family immigration lawyer in Milwaukee, WI today.

Contact our experienced Wisconsin firm

John Sesini is an immigration attorney with offices in Green Bay and Milwaukee, Wisconsin. Contact the Sesini Law Group, S.C., to schedule your initial consultation.

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What to Know About Becoming a Naturalized Citizen

The process of becoming a naturalized citizen of the United States can be very stressful and time-consuming. We understand all the effort it takes to become a naturalized citizen, which is why it is a great pleasure to help our clients become U.S. citizens. As you begin this process, contact a US Naturalization lawyer in Milwaukee, WI so we can help make this process as efficient as possible.

How do I become a naturalized citizen?

The process of becoming a naturalized citizen is simpler than many people think. Part of this misunderstanding is because of how extensive the green card application process is, so people assume naturalization would be equally, if not more, difficult. However, if you’re trying to become a naturalized citizen, you’ll be glad to know that the process only involves submitting one government document with a few supporting documents, as well as attending an interview. This interview is meant to assess your knowledge of U.S. history, government, and the English language. For guidance through this process, call our Wisconsin immigration attorneys.

What are the qualifications to become a naturalized citizen?

To become a naturalized citizen, you must first meet the requirements for citizenship. This includes:

  • Being at least 18 years old
  • Must have lived in your state for at least 3 months before applying
  • Must be physically present in the U.S. for a minimum of 30 months before the application
  • Must be able to read, write, and speak in English
  • Must demonstrate knowledge of U.S. history and government
  • Must stay in the U.S. from the time you apply through the date of your naturalization
  • Must be of good moral character
  • Must have had a green card for 5 years or more before the date of the application

Which tests will I need to take to become a naturalized citizen?

As we’ve mentioned above, there are two tests that you will need to pass before becoming a naturalized citizen: the U.S. civics exam and the English requirement. To prepare for the civics exam, the U.S. Citizenship and Immigration Services (USCIS) offers a list of questions that may appear on the exam. You will only need to get a portion of the questions correct, but you must prepare thoroughly because you won’t know which questions will be used on the exam. Your ability to speak English will be assessed by your interviewer, and your ability to read and write will be tested by having you write a sentence in English and read a short paragraph.

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If you’re facing any immigration-related matter, contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What Crimes Can Prevent You from Getting a Green Card?

If you are seeking permanent resident status in the United States, you may be eligible to apply for a green card through your family, a job offer or employment, refugee or asylum status, or other special programs. However, you will not be able to receive one if the government officials reviewing your application determine you as inadmissible to the United States. Mainly, you can be considered inadmissible if you have a record of committing certain crimes. If you are unsure about your admissibility, read on to learn how a skilled Milwaukee, WI green card attorney at the Sesini Law Group, S.C., can help to improve your chances.

Which crimes will make you inadmissible for a green card?

It is important to note that not every crime on your record makes you inadmissible for a green card. However, the following are crimes that do:

  • Conviction of a crime involving moral turpitude, but not a purely political offense.
  • Conviction or admission of a controlled substance violation, whether under United States law or foreign law.
  • Convictions for two or more crimes for which the prison sentences totaled at least five years, but not purely political offenses.
  • Conviction of or participation in controlled substance trafficking.
  • Having the purpose of engaging in prostitution or commercialized vice upon coming to the United States, or a history within the previous 10 years of having engaged in prostitution.
  • Procurement, attempted procurement, or importation of prostitutes, or receipt of proceeds of prostitution within the previous 10 years.
  • Assertion of immunity from prosecution after committing a serious criminal offense in the United States.
  • Commission of severe violations of religious freedom while serving as a foreign government official.
  • Commission of or conspiracy to commit human trafficking offenses, within or outside the United States.
  • Conviction of an aggravated felony.
  • Having the purpose of engaging in money laundering upon coming to the United States, or a history of having laundered money.

Of note, not all of the aforementioned crimes require an actual conviction in court for the government officials reviewing your application to determine you as inadmissible.

Is it still possible to obtain a green card if I have committed crimes?

Firstly, it is critical that you do not lie on your green card application about committing certain crimes. Since fingerprint checks are a requirement for your application, you will likely be caught in your lie and ultimately ineligible for virtually any United States immigration benefit in the future.

Additionally, the law may provide you with an opportunity to apply for legal forgiveness, otherwise known as a waiver, so that your admissibility is still possible. If you need help doing so, contact a knowledgeable family immigration lawyer in Milwaukee, WI today.

Contact our experienced Wisconsin firm

Our firm understands what is at stake when it comes to immigration law matters. Contact the Sesini Law Group, S.C., and schedule your initial consultation today.

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Am I Eligible for Asylum?

Asylum status is a form of protection available to people who meet the definition of a refugee. That is, under United States Immigrations Laws, this status may be granted to people outside of their country who are unable or unwilling to return home because they have been persecuted or fear they will be persecuted on account of race, religion, nationality, or membership in a particular social group or political opinion. However, receiving asylum status may be complicated, as you must have sufficient proof for your case. If you are seeking asylum status, continue reading to learn if you are eligible and how an experienced asylum immigration lawyer in Milwaukee, WI of Sesini Law Group, S.C., can guide you through the application process.

How can I obtain asylum status in the United States?

One way you can seek asylum status in the United States is through the affirmative asylum process. Using this approach, you must be physically present in the United States and not involved in any removal proceedings. Also, you must apply for asylum within one year of the date of your arrival in the United States.

The other option is the defensive asylum process. This is used if you are facing removal proceedings and request asylum as a defense against being deported. You, your attorney, and the United States Government will discuss whether you qualify for asylum and whether you should be removed from the United States or not. While the immigration judge does have the right to decide whether you will be deported or not, you also have the right to appeal their decision.

How do I know if I am ineligible for asylum status in the United States?

As mentioned before, asylum status is difficult to obtain. The following are some examples of circumstances that would make you ineligible:

  • If you were convicted of certain serious crimes, generally involving drugs or violence.
  • If you have taken part in the persecution of another person due to their race, nationality, religion, and other guaranteed freedoms.
  • If it is proven that you resettled in another country before arriving in the United States.
  • If you were convicted of a serious nonpolitical crime outside of the United States.
  • If you are determined to pose a danger to the security of the United States.

If you need any further assistance with the asylum application process, do not hesitate in reaching out to one of the skilled Wisconsin immigration attorneys today.

Contact our experienced Wisconsin firm

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

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What to Know About Fiancé Visa Eligibility

If you are a citizen of the United States that is engaged to a non-citizen, you are likely seeking a fiancé visa, otherwise known as a K-1 visa. Once received, this visa opens doors to many important immigration benefits. However, it is necessary that you follow the application process properly to grant your fiancé the eligibility they desire. Read more to understand the process and how a seasoned fiancé visa lawyer in Milwaukee, Wisconsin of Sesini Law Group, S.C., can guide you through every step.

How can my fiancé be eligible to receive a K-1 visa?

For your fiancé to be eligible for a K-1 visa, you must be a United States citizen and demonstrate that you intend to marry within 90 days of your fiancé’s entry into the country. Additionally, you must present proof that you met your fiancé at least two years before filing unless the meeting would violate a long-established custom or the meeting would result in extreme hardship. This can be proven with photos, videos, text messages, or emails. Then, you must present proof that after your fiancé enters the United States, they will not become a public charge. This is proven with your income meeting or exceeding 100% of the United States poverty guidelines. And lastly, your fiancé must attend an interview, background check, and medical examination. Specifically, the interview assesses the following:

  • Whether your fiancé has complete information about you, such as details about your family, past relationships, marriages, and employment.
  • Whether your fiancé is genuinely interested in being a U.S. citizen and serious about marriage.
  • Whether the fiancé is a person of good moral character.

If you complete the applications to their fullest and schedule the necessary appointments, this process can be completed in about 8 months. If you need assistance with expediting this process, do not hesitate in reaching out to a knowledgeable family immigration lawyer in Milwaukee, WI today.

What happens if I do not get married within 90 days of my fiancé’s entry to the United States?

According to federal law, you will have to marry within 90 days of your fiancé’s entry to the United States. Failure to do so will require your fiancé to leave within 30 days of the time provided. Once you are married, your fiancé can apply for an adjustment of status and start the process that will lead them on the path toward naturalization.

Contact our experienced Wisconsin firm

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

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