What to Know About New Guidance on E and L Spouse Employment Authorization Documents

On March 18, 2022, the U.S. Citizenship and Immigration Service (USCIS) announced that it would update the USCIS Policy Manual to address acceptable evidence of work authorization for certain E and L nonimmigrant spouses. This new guidance was prompted by Shergill vs. Mayorkas, a class-action lawsuit settled on November 10, 2021, wherein the USCIS announced that E and L nonimmigrant spouses would have work authorization incident to their E or L nonimmigrant status. This means that to be work authorized, they would no longer be required to apply for and receive an Employment Authorization Document prior to accepting employment in the United States. Read along for further explanation of this update and how an experienced work authorization permit lawyer in Milwaukee, WI at the Sesini Law Group, S.C., can help you navigate this new guidance.

Which E and L spouses fall under this new employment authorization guidance?

Since January 30, 2022, the USCIS has been issuing Form 1-94 with new Class of Admission codes, specifically E-1S, E-2S, E-3S, and L-2S. The USCIS has also updated its Policy Manual to reflect that the E or L spouse notation on Form I-94 may be accepted as evidence of employment authorization to satisfy List C of Form 1-9.

What if I received my Form I-94 before the employment authorization update?

On or around April 1, 2022, the USCIS will begin mailing notices to those who received their Form I-94 before the new guidance and who are over age 21 and fall under the E-1S, E-2S, E-3S, and L-2S codes. Together, the notice and the current Form I-94, will serve as sufficient proof of employment authorization under List C of Form I-9. However, in all circumstances, it is important that you have a valid Form I-94, meaning that it is unexpired at the time of verification.

If you fall under this new guidance, it is important that you retain the services of a proficient family immigration lawyer in Milwaukee, WI as soon as possible so that you can receive assistance with managing your I-9 completion and collecting the best evidence for your work authorization.

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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Automatic EAD Extension in Wisconsin | What To Know

Effective May 4, 2022, Department of Homeland Security regulations provide an additional 360 days for the automatic employment authorization document (EAD) extension time, for a total of 540 days. This extension is for certain renewal applicants who have filed Form I-765, Application for Employment Authorization, while their application is still pending. You will qualify if you meet the eligibility requirements and file within the following timelines: Before May 4, 2022, and your 180-day automatic extension has since expired; before May 4, 2022, and your 180-day automatic extension has not yet expired; or between May 4, 2022, and Oct. 26, 2023, inclusive of these dates. If you would like more information on the automatic EAD extension process in Wisconsin, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI today.

What categories qualify for the automatic EAD extension in Wisconsin?

You qualify for this extension if you properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired and are otherwise eligible for renewal. This means your renewal application is under an eligible category and the Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice. With that in mind, the eligible categories are as follows:

  • (a)(3) – Refugee
  • (a)(5) – Asylee
  • (a)(7) – N-8 or N-9
  • (a)(8) – Citizen of Micronesia, Marshall Islands or Palau
  • (a)(10) – Withholding of Deportation or Removal Granted
  • (a)(12) – Temporary Protected Status (TPS) Granted
  • (a)(17) – Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status
  • (a)(18) – Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status
  • (c)(8) – Asylum Application Pending
  • (c)(9) – Pending Adjustment of Status under Section 245 of the Act
  • (c)(10) – Suspension of Deportation Applicants (filed before April 1, 1997), Cancellation of Removal Applicants and Special Rule Cancellation of Removal Applicants Under NACARA
  • (c)(16) – Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
  • (c)(19) – Pending initial application for TPS where USCIS determines the applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
  • (c)(20) – Section 210 Legalization (pending I-700)
  • (c)(22) – Section 245A Legalization (pending I-687)
  • (c)(24) – LIFE Legalization
  • (c)(26) – Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
  • (c)(31) – VAWA Self-Petitioners

If you have any questions or would some legal support with this matter, please do not hesitate to 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. 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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L-1 Visa in Wisconsin | What You Should Know

An L-1 Visa, an intracompany transferee visa, allows managers, executives and “specialized knowledge” employees who work outside the United States for a company that has an affiliated entity inside the U.S. to come to the U.S. and perform services for that entity. It is a nonimmigrant visa, meaning it expires eventually and is not equivalent to permanent residence or a green card. L-1 Visa holders have the right to work legally in the U.S. for up to 3 years, with the possibility of 2 two-year extensions. One of the added benefits is that the holder’s spouse or minor children may also obtain visas to the U.S. If you are a foreign national working for a multinational United States company, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI to learn what you should know about an L-1 Visa in Wisconsin.

Who qualifies for an L-1 Visa in Wisconsin?

In order to qualify, the sponsoring company must have employed the applicant outside the United States for a minimum of one continuous year out of the past three years and is now transferring him or her to the U.S. to work as a manager, executive or specialized knowledge worker. The United States company to which the sponsoring company is transferring the applicant must be a parent, branch, subsidiary, affiliate or joint venture parent of the non-U.S. employer.

The applicant must meet one of the following criteria in order to qualify for an L-1 Visa:

  • Manager: Someone who manages all or part of the organization, supervises and controls others, hires and terminates personnel and has the authority to make day-to-day decisions.
  • Executive: Someone whose primary role is to direct the management of the organization, set goals or policies, possesses extensive decision-making authority and receives only general supervision or direction from higher-level authorities.
  • Specialized knowledge worker: An employee with knowledge related to the company, including its products, services, research, equipment, techniques, management or other interests and its application in international markets, or advanced knowledge of the company processes and procedures. This knowledge must not be widely held throughout the industry or even within the company.

You would be well advised to reach out to a skilled family immigration lawyer in Milwaukee, WI if you fit any of the above descriptions. Our firm will assist you in preparing and filing the correct paperwork as prescribed by United States immigration law. Please give us a call today, so we can handle the legal work.

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 You Should Know About An E-3 Visa in Wisconsin

For as long as most people can remember, the United States has had the strongest economy in the history of human civilization. Consequently, its wealth of opportunities beckons even nationals from fully developed and industrialized countries, which is why the U.S. offers a wide range of work visas, including the E-3 Visa. The E-3 classification applies to nationals of Australia, who must be coming to the United States solely to perform services in a specialty occupation. This specialty occupation requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in the specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. For more information on the E-3 Visa process in Wisconsin and how our firm can assist you, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI.

What are the benefits of an E-3 Visa in Wisconsin?

An E-3 Visa enables the holder to lawfully reside and work in the United States for an initial period of two years, after which point he or she may apply for further two-year extensions. With some exceptions, there is no maximum number of extensions. An E-3 Visa qualifies the holder for both a full-time position and a part-time position, as well as an unlimited number of transfer applications. As a further benefit, the spouses and unmarried children under 21 years of age are entitled to dependent E-3 classification (E-3D), meaning the spouse is able to obtain work authorization, too. If children of E-3 Visa holders want to work in the United States, they will need an independent work authorization.

What are the qualifications for an E-3 Visa in Wisconsin?

The applicant must be a national of Australia who, among other things, must demonstrate he or she:

  • Has a legitimate offer of employment in the United States
  • Possesses the necessary academic or other qualifying credentials
  • Will fill a position that qualifies as a specialty occupation

Who qualifies for an E-3 Visa?

A wide array of occupations fall under the category of “specialty occupation,” including:

  • Lawyers
  • Accountants
  • Doctors
  • Teachers
  • Pharmacists
  • Social workers
  • Engineers
  • Architects

You should contact one of our skilled Wisconsin immigration attorneys even if you meet the above-listed criteria. Our firm can assist you in preparing the required documentation and filing the necessary paperwork.

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 You Should Know About The E-2 Investor Visa in Wisconsin?

The opportunities that the United States presents to citizens and foreign nationals alike will long remain one of the appeals of this country. On a daily, even hourly, basis, fortunes are won or lost. Those who are looking to invest in a United States company will need an E-2 Investor Visa. The E-2 treaty investor visa is a nonimmigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States to develop and direct an enterprise that they have invested in. It also allows for executive/supervisory and essential employees of a company owned by a treaty national to come to the United States to fulfill their duties. Those who are looking to obtain one of these special visas should please read on, then contact an experienced E-1 and E-2 Investor Visa attorney in Milwaukee, WI for more information on the E-2 Investor Visa process in Wisconsin.

Who qualifies for the E-2 Investor Visa in Wisconsin?

The applicant must meet the following qualifications:

  • The existence of a treaty between the United States and the foreign country
  • The majority owner of the business must possess the nationality of the treaty country
  • The potential E-2 applicant must be:
    • Coming to develop and direct the business, if they own a majority stake in the business
    • Serving the business in a capacity that is supervisory or executive in nature, or
    • Working in a position that involves skills essential to the operation of the business
  • Nationals of the treaty country must own a majority stake in the United States company they intend to invest in or work for
  • Investments made with the company must be “at risk,” i.e. there is the possibility that investors will lose their investments
  • The applicant’s investment is “substantial”
  • The funds to be invested are in the investor’s possession and control
  • The United States company is real and operating
  • The potential applicant must intend to depart at the conclusion of his/her duties in the United States

Those who succeed in obtaining an E-2 Investor Visa will have the ability to work legally in the United States company that is their investment vehicle, travel freely in and out of the country, stay on a prolonged basis with two-year extensions, bring dependents or accompanying relatives and have their spouses work in the U.S.

Considering the amount of money you likely have at stake, you would be well-advised to reach out to one of our skilled Wisconsin immigration attorneys to learn how to optimize your chances of success.

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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An H-1B1 Visa in Wisconsin | What You Should Know

The H-1B1 visa is a nonimmigrant visa available to citizens of Chile and Singapore. Under the U.S.-Chile and U.S.-Singapore Free Trade Agreements, employers in the United States may employ individuals in specialty occupations, for a specified period of time. The number of H-1B1 visas can’t exceed 1,400 for Chile, or 5,400 for Singapore in any given year, but this limit is set aside from the overall H-1B cap. The yearly cap of H-1B1 visas, as of the posting of this blog post, has never been filled. If you are a Chilean or Singaporean national who has been offered a specialized occupation in the United States, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI to learn what you should know about an H-1B1 visa in Wisconsin.

Who can obtain an H-1B1 visa in Wisconsin?

Much like the H-1B visa, the H-1B1 visa is available to professionals working within specific “specialty occupations” that require theoretical and practical applications of specialized knowledge. In light of that, H-1B1 visas are available to those who work in the following specialty occupations, among others:

  • Engineering
  • Mathematics
  • Physical and social sciences
  • Medicine
  • Education
  • Business specialties
  • Accounting
  • Law
  • Theology
  • Arts
  • Marketing
  • Media
  • Finance
  • Technology

If you are a Chilean or Singaporean national who meets these qualifications, you should reach out to a skilled family immigration lawyer in Milwaukee, WI for more information on how to apply and how our firm can serve you.

How can a Milwaukee, Wisconsin immigration lawyer help you obtain an H-1B1 visa?

First and foremost, a qualified immigration lawyer from our firm will help you prepare for the application process. This will start with providing proof that you do in fact qualify for the “specialty occupation” in the following forms:

  • Degrees
  • Diplomas
  • Transcripts
  • Work experience letters
  • Evaluations.

Your lawyer will also aid you in explaining to the appropriate immigration authorities how the degree requirement is connected to the position and how the duties are specialized and complex. Along with your lawyer, you will prove that a United States employer has offered you a job and that your stay is temporary. Because he or she will know the ins and outs, your lawyer will know what constitutes the strongest evidence to United States immigration officials and boost your chances of success. Let us handle the legal work while you focus on honing your skills. Please give us a call 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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How Do The New Actions From USCIS Affect You?

Late last month, the United States Citizenship and Immigration Services (USCIS) announced a series of new actions intended to maximize the efficacy of, and minimize the burdens to the overall legal immigration system. Put simply, the USCIS appears to be establishing new internal cycle goals designed to expand the availability of premium processing of certain Forms as well as access and availability of employment authorization documents (EAD). If you are asking yourself how this affects you and your family, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI to learn how the new actions from USCIS could affect you.

What new processing times is USCIS proposing?

In order to reduce the amount of time it takes USCIS to process cases, the agency has set new internal metrics. As these goals are being met, it is hoped that processing will follow and applicants and petitioners will be given more timely decisions. The following are the USCIS’ new cycle time goals:

2 Weeks:

  • I-129 Premium
  • I-140 Premium

2 Months:

  • I-129 Non-Premium

3 Months:

  • I-765
  • I-131 Advance Parole
  • I-539
  • I-824

6 Months:

  • N-400
  • N-600
  • N-600K
  • I-485
  • I-140 Non-Premium
  • I-130 Immediate Relative
  • I-129 Fiancé(e)
  • I-290B
  • I-360
  • I-102
  • I-526
  • I-600
  • I-600A
  • I-600K
  • I-730
  • I-800
  • I-800A
  • I-90
  • I-821D Renewals

What Forms has the USCIS expanded premium processing for?

Currently, only petitioners filing a Form I-129, Petition for Nonimmigrant Worker, and certain employment-based immigrant visa petitioners filing a Form I-140, Immigrant Petition for Alien Workers, have access to the expediting adjudication service known as premium processing. Using a planned approach, the USCIS is aiming to extend the expedited processing to Form I-539, Application to Extend/Change Nonimmigrant Status, Form I-765, Application for Employment Authorization and additional classifications under Form I-140 in fiscal year 2022.

How has access to EADs improved?

In an effort to make progress toward a temporary final rule, the USCIS has extended validity for certain EADs and provided expedited work authorization renewals for healthcare and childcare workers and more to prevent certain individuals from losing their work authorization while their applications are pending.

Please contact a skilled family immigration lawyer in Milwaukee, WI from our firm if you require assistance with these or any other immigration-related matters or would like to know more about the United States immigration legal services we provide. Let us help you navigate this complex and convoluted process. Please give us a call 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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Getting an H-1B Visa in Wisconsin | What You Should Know

An H-1B visa is a non-immigrant work visa that grants United States employers the ability to hire foreign workers for specialty jobs that generally require a bachelor’s degree or equivalent. This can include occupations in fields such as information technology, finance, engineering, architecture and more. If you are a United States employer looking to hire a foreign worker, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI to learn what you should know about getting an H-1B visa in Wisconsin.

Who is an H-1B visa for in Wisconsin?

An employer looking to sponsor an employee on an H-1B visa will need to establish:

  • You are a United States employer offering a role that requires specialized knowledge
  • That the applicant has a bachelor’s degree or equivalent in a field related to the offered role

Once obtained, the H-1B visa will have a cumulative maximum duration of 6 years.

What is the process for obtaining an H-1B visa in Wisconsin?

An employer initiates the H-1B work visa process in the United States. The following are the steps that an employer needs to go through in order to file a petition on behalf of a foreign worker:

  1. Submit a Labor Condition Application (“LCA”) for certification with the Department of Labor (DOL).
  2. Prepare an I-129 petition to file with the United States Citizenship and Immigration Services (USCIS).
  3. Submit the forms and supporting documents related to the position, company and applicant.
  4. Wait for the review from USCIS.

On average, the total processing time will vary based on the particular employer, DOL and the USCIS. It can take as long as 6 to 7 months for DOL to prevail wage determination and the USCIS to process the application. While you do not necessarily require a lawyer, you would be wise to reach out to a skilled family immigration lawyer in Milwaukee, WI to discuss your next steps.

What can a Milwaukee family immigration lawyer do for you?

The USCIS provides over 65,000 new H-1B visas, grants thousands of other individuals H-1B state and/or subjects them to the H-1B cap. Hundreds of thousands if not millions of people search for a relatively limited number of visas. A seasoned immigration lawyer will have considerable knowledge about how the process plays out and will help you plan accordingly, so as to optimize an employer’s chances of success. Let our firm handle the legal work for this time-consuming and convoluted process. Please give us a call 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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Appealing Denied or Revoked Visa Petitions | What You Should Know

Unfortunately, you or a loved one has had an unfavorable visa petition decision issued by the United States Citizenship and Immigration Services. While that decision is disappointing, it need not be the end of your hopes to lawfully work and/or reside in the United States. You may always launch an appeal or motion. If you need to know what that process entails and how you can navigate it, please read on, then contact an experienced federal litigation and appeals lawyer in Milwaukee, WI to learn what you should know about appealing denied or revoked visa petitions.

Are you allowed to appeal denied or revoked visa petitions?

Yes, you may be eligible to file an appeal or a motion on an unfavorable decision. An appeal is a request to a different authority to review an unfavorable decision. You may appeal certain USCIS decisions to the USCIS Administrative Appeals Office or the Board of Immigration Appeals. The latter office is within the Department of Justice. Your denial or revocation notice will provide information about your eligibility for an appeal and where you should file it.

A motion is a request to have the USCIS that issued the unfavorable decision review said decision. You may file a motion even if your case is ineligible for an appeal.

How do you file an appeal for denied or revoked visa petitions?

Most appeals are filed using Form I-290B, Notice of Appeal or Motion but there are some exceptions, which are as follows:

  • Appeals of decisions on an N-400, Application for Naturalization, are made on Form N‑336, Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336.
  • Appeals of decisions of special immigrant worker and legalization applications and termination of lawful temporary resident status under sections 210 and 245A of the Immigration and Nationality Act are made on Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act.
  • Appeals of decisions on an I-130, Petition for Alien Relative, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer with the office that made the decision on the petition.

If any of this sounds intimidating, you should reach out to one of our skilled Wisconsin immigration attorneys to discuss your next steps.

How can an immigration lawyer help you?

Besides helping you file the correct forms, an immigration lawyer will also know what other documents and qualifications you may need to maximize your chances of success. He or she will help you understand your options so that you can make informed decisions. Our firm can handle the legal work, so please give us a call 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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Obtaining an O Visa in Wisconsin | What You Should Know

If are applying for an O Visa, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI to learn what you should know about obtaining an O Visa in Wisconsin.

What is an O Visa?

Many globetrotting models, actors, athletes, musicians and other talented individuals may find themselves relocating to the United States. O visas are granted to those who have demonstrated “extraordinary ability” in their chosen field, giving them the ability to obtain employment. Depending on the applicant’s specific extraordinary ability, one of several different types of O visas is available.

What types of O Visas are available in Wisconsin and how do you qualify for one?

O Visas are available based on profession. Generally, applicants must meet at least threee of the requirements for each category. The types of O Visas and their requirements are as follows:

O-1 Visa: Reserved for athletics, business, education or science:

Applicants must:

  • Have won an award for excellence
  • Have received a high salary for your field
  • Be a member of an Association that requires an outstanding achievement
  • Be designated to serve a critical role in a distinguished organization
  • Have had articles written about you in a major media publication
  • Have written a scholarly article
  • Have acted as a judge of others in the field
  • Have made an original contribution of significance to the field

O-1B Visa: Reserved for the arts:

Applicants must have:

  • Received a high salary for your field
  • Played a lead role in a distinguished event
  • Received recognition from experts in the field
  • Had articles written about you in major media publications
  • A record of major critical or commercial success
  • A critical role in a distinguished organization

Proving your exceptional ability will not be easy, so you should reach out to one of our skilled Wisconsin immigration attorneys to discuss your next steps.

How can a Milwaukee Wisconsin immigration lawyer help you obtain an O Visa?

A qualified legal representative will help draft, collect, compile and present the evidence and arguments needed to prove your claim to the appropriate entities. He or she will present album or art sales, current or past concert schedules or tours, awards you have won, itineraries, contracts between the petitioner and beneficiaries and written opinions from organizations in the United States that detail your ability. Even with all that documentation, this process will be long and complex. Let us handle the legal work. Give us a call 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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Can You Leave The United States if You Have a Green Card?

If you are planning a trip abroad, please read on, then contact an experienced green card lawyer in Milwaukee, WI to learn if you can leave the United States if you have a green card.

What documents do you need to leave and reenter the United States with a green card?

As a green card holder, you will need to present the following documents in order to leave the U.S.:

  • A passport from your country of citizenship
  • Your refugee travel document

Keep in mind, the foreign country you plan to travel to may have its own entry and exit requirements, such as visas.

In order for a green card holder to reenter the United States, you will need the following documents:

  • A valid, unexpired green card (Form I-551, Permanent Resident Card)
  • A passport
  • A foreign national identification card or a United States driver’s license
  • And any other identity documents

Does leaving the United States affect your green card status?

Green card holders have the freedom to travel outside the United States. Furthermore, temporary or brief travel generally does not affect your permanent resident status. However, if the appropriate bodies determine that you did not intend to make the United States your permanent home, they may find that you have abandoned your permanent resident status. If you travel outside the U.S. for a year or more, failed to maintain U.S. family and community ties, did not file U.S. income taxes as a resident or otherwise established your intention to return to the U.S. as your permanent home, immigration officials may accuse you of abandoning your green card.

How can a Wisconsin immigration attorney help you?

By reaching out to one of our skilled Wisconsin immigration attorneys to discuss your next steps, you may have a better understanding of your rights and responsibilities in regards to your leaving the United States. Should you be accused of abandoning your green card, a qualified legal professional can help collect, compile and present the evidence needed to prove your intention to remain a permanent resident in the United States. For instance, our firm might argue that you still maintain a U.S. mailing address, keep a U.S. bank account or valid driver’s license, own property or run a business in the United States. This process is long and cumbersome, and you have already got enough on your mind. Let our firm help you. Give us a call 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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Proposed New Fair and Humane Public Charge Rule | What It Means

The Department of Homeland Security has proposed new changes to the Fair and Humane Public Charge Rule. As with anything the United States releases, the language can be opaque and difficult to make sense of. If you need help parsing its latest proposal, please read on, then contact an experienced family immigration lawyer in Milwaukee, WI to learn what the proposed new Fair and Humane Public Charge rule means for you.

What is the proposed new rule for Fair and Humane Public Charge?

Under the proposed new rule, the Department of Homeland Security proposes to redefine “likely at any time to become a public charge” to “likely to become primarily dependent on the government for subsistence.” Consistent with long-standing DHS policy, the agency proposes to consider the following benefits when making a determination of public charge inadmissibility:

  • Supplemental Security Income
  • Cash assistance for income maintenance under the Temporary Assistance for Needy Families program
  • State, Tribal, territorial and local cash assistance for income maintenance
  • Long-term institutionalization at government expense

Conversely, DHS proposes that it not consider benefits from the following:

  • Supplemental Nutrition Assistance Program (SNAP)
  • The Children’s Health Insurance Program (CHIP)
  • Most Medicaid benefits, except for long-term institutionalization
  • Housing benefits
  • Transportation vouchers
  • Disaster relief received under the Stafford Act
  • Pandemic relief
  • Tax credits or deductions
  • Social Security, government pensions or other earned benefits

Why are new rules being proposed for Fair and Humane Public Charge?

DHS Secretary Alejandro N. Mayorkas has said that the 2019 public charge rule “was not consistent with our nation’s values.” That rule caused many noncitizens unnecessary fear and anxiety about accessing benefits that Congress intended them to have. Secretary Mayorkas has stated that the Department of Homeland Security will return to the historical understanding of the term “public charge” and individuals will no longer be penalized for choosing to access the health benefits and other supplemental government services they are entitled to.

How can a Milwaukee, WI family immigration attorney help you?

In spite of this more liberal interpretation of the law, you would be wise to reach out to one of our skilled Wisconsin immigration attorneys to discuss your next steps. Our firm may represent you, our client, in administrative court as well as deal with government officials on your behalf. We may also counsel you about your legal rights and obligations related to immigration. United States immigration law is complex and time-consuming. Let us handle it for you.

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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Proposed New DACA Rule | What It Means For You

The Department of Homeland Security has proposed new rules for DACA. As with anything the government puts out, the language can be dense and difficult to parse. If you need help dissecting its latest proposal, please read on, then contact a skilled DACA lawyer in Milwaukee, WI to learn what the proposed new DACA rule means for you.

What is the proposed new rule for DACA?

While the current DACA program, started in 2012, requires that the request for DACA, made on Form I-821D, be filed at the same time as an I-765 application for employment authorization, the proposed rule decouples the DACA application from the work authorization application, making the application for work authorization optional.

Why are new rules being proposed for DACA?

On July 16, 2021, a United State district court in Texas issued a decision and injunction in Texas v. United States, holding that Deferred Action for Childhood Arrivals is unlawful but allowing it to continue for current recipients and allowing, for now, for continued renewals. This new proposed rule to the program is designed to codify it and preserve it for future generations.

As with its previous iteration, the qualifications to apply are as follows:

  • Are under 31 years of age as of June 15, 2012
  • Came to the U.S. while under the age of 16
  • Have continuously resided in the U.S. from June 15, 2007, to the present. (For purposes of calculating this five-year period, brief absences from the United States for humanitarian reasons will not be included)
  • Entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012
  • Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS
  • Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces
  • Have not been convicted of a felony offense, a significant misdemeanor or more than three misdemeanors of any kind
  • Do not pose a threat to national security or public safety

How can a Milwaukee, WI family immigration attorney help you?

Separating DACA from employment authorization could put you at risk of losing your work permit and your job while waiting for employment authorization renewals to process, especially given that the validity dates for the work permit will not exceed the dates granted by DACA. A skillful family immigration lawyer in Milwaukee, WI will assist you in preparing for this process, which is complex and time-consuming. Being denied DACA could lead to your deportation. In all but paperwork, you are an American. Let us help you prove that in court.

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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Getting a Fiancé Visa in Wisconsin | What You Should Know

If you are a foreign national engaged to an American citizen, please read on, then contact an experienced fiancé visa lawyer in Milwaukee, Wisconsin to learn what you should know about getting a fiancé visa in Wisconsin.

What is a fiancé visa in Wisconsin?

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. If you do not marry within those 90 days, you will need to leave the United States within 30 days.

How do you qualify for a fiancé visa in Wisconsin?

The qualifications for a fiancé visa are as follows:

  • Both you and your fiancé must be single and eligible to be married under U.S. law. (This means that same-sex couples are eligible for the K-1 fiancé visa, whether or not the foreign spouse’s home country recognizes same-sex marriages.)
  • If you or your fiancé have been married previously, you’ll need to provide divorce or death certificates for any previous spouse.
  • The sponsoring partner must be a U.S. citizen. U.S. green card holders are not eligible to apply for fiancé visas.
  • You and your fiancé must prove that your relationship is authentic—through photos, correspondence, and written statements from people who know you as a couple.
  • Have concrete wedding plans in the United States and show invitations, venue reservations, or other proof that the wedding is not a vague dream but a specific, planned event.
  • Alternatively, you can provide a simple signed statement of your intent to marry within 90 days of arrival.
  • You must have met in person at least once in the past two years. This requirement can be waived for religious practices or in cases of extreme hardship to the U.S. citizen partner.
  • The U.S. citizen partner must meet certain income requirements, earning at least 100% of the federal poverty guidelines when applying for the fiancé visa, and earning 125% of these guidelines when the foreign partner applies for his or her green card.

How can a Milwaukee, WI family attorney help you?

A skilled family immigration lawyer in Milwaukee, WI can help you with the process, which involves filling out and filing forms with U.S. Citizenship and Immigration Services. When your spouse receives a green card, it will be considered conditional. That means your spouse must meet certain requirements to keep his or her lawful permanent resident status. These cases can languish; do not let yours be one of them. Give us a call 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 You Should Know About EB-1 Visas in Wisconsin

While the requirements for an EB-1 visa are flexible, it is still one of the difficult visas to obtain. If you require assistance assessing your qualifications for one, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI to learn what you should know about EB-1 visas in Wisconsin.

How do you know if you qualify for an EB-1 visa in Wisconsin?

An EB-1 visa is an employment-based green card available to foreign nationals who demonstrate extraordinary ability in their field, whether the sciences, the arts, education, business or athletics. Applicants must present evidence proving their extraordinary nature with “sustained national or international acclaim.”

How do you obtain EB-1 visas in Wisconsin?

To apply for an EB-1 visa, you must provide the following documents:

  • Your passport, which must be valid for more than 6 months after your intended departure to the United States
  • Your employment offers from the United States employer
  • The approved labor certification
  • The approved petition
  • Your DS-260 confirmation page

Additionally, EB-1 visa applicants must present evidence of at least 3 of the following:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Membership in associations in the field which demand outstanding achievement of their members
  • Published material about you in professional or major trade publications or other major media
  • That you have been asked to judge the work of others, either individually or on a panel
  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Authorship of scholarly articles in professional or major trade publications or other major media
  • Your work has been displayed at artistic exhibitions or showcases
  • Your performance of a leading or critical role in distinguished organizations
  • You command a high salary or other significantly high remuneration in relation to others in the field
  • Your commercial successes in the performing arts

How can a Wisconsin immigration attorney help you?

While engaging the services of a legal representative is not necessary, reaching out to one of our skilled Wisconsin immigration attorneys can make all the difference in the success or failure of your effort to obtain an EB-1 visa. Generally, the government takes about 8 months to process your EB-1 visa extraordinary ability petition. Once they have approved it, the government takes about 6 months to issue the permanent resident card. Furthermore, the fee for the issuance of your EB-1 visa will cost $1,045. Given the amount of time and money at stake, you will probably need the services of a seasoned immigration attorney to guide you through this arduous process. Give yourself the best possible chance at success.

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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DHS Announces Additional H-2B Visas for the First Half of the Fiscal Year

If you are reading this blog, we might infer that you are looking to work in the United States. You should know that in order to do so you will need to acquire an H-2B visa. The DHS just announced the availability of additional H-2B visas for the first half of the fiscal year. If you are interested in obtaining one, please read on, then contact a skilled work authorization permit lawyer in Milwaukee, WI to learn whether you qualify.

DHS announces additional H-2B Visas for the first half of the fiscal year

Effective January 27, 2022, the Department of Homeland Security and the Department of Labor announced the availability of 20,000 additional H-2B temporary nonagricultural worker visas for the first half of fiscal year 2022. These visas are for United State employers who are facing irreparable harm without additional workers and seeking to employ additional workers on or before March 31, 2022.

How do you qualify for these additional H-2B visas announced by DHS?

To qualify for H-2B nonimmigrant classification, the petitioner must establish the following: there are not enough United States workers who are able, willing, qualified and available to do the temporary work, the employer must have a need which is seasonal, one-time, intermittent or peak load, employing H-2B workers will not adversely affect the wages and working conditions of similarly employed United States workers and lastly, the petitioner must prove that the job time frame is less than one year. 13,500 visas are available to returning workers who received or were approved for an H-2B visa during one of the last three fiscal years. The remaining 6,500 visas are reserved for nationals of Haiti, El Salvador, Guatemala and Honduras.

What can you use an H-2B visa for?

Those who meet the above-listed criteria and receive H-2B visas will have the authorization to work in the following fields:

  • Hospitality and the service industries
  • Food industry
  • Resorts and theme parks
  • Construction
  • Maintenance and janitorial work
  • Landscaping

Even if you consider yourself a stellar candidate, we would advise you to reach out to a family immigration lawyer in Milwaukee, WI to discuss your next steps. An H-2B visa can take anywhere between 60 days to 120 days to obtain. It could also take more than 6 months. A qualified legal professional can assist in shortening that window. We will also guide you through all the steps so that you can start working as soon as possible. Let us fight for you and your rights. Give us a call 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 You Should Know About 3 and 10 Year Bar Waivers in Wisconsin

Whatever anyone else says, the United States is now your home and, presumably, has been for some time. However, for your own reasons, you have to leave the country. Please be advised that doing so could result in your being barred from reentry for an indefinite period. If you find yourself in this predicament, please read on, then contact an experienced 3 and 10 year bar waiver lawyer in Milwaukee, WI to learn what you should know about 3 and 10 year bar waivers in Wisconsin.

What you should know about 3 and 10 year bar waivers in Wisconsin

If a person lives in the United States unlawfully, then leaves the country, immigration laws may bar that person from reentry and obtaining a green card, even if they otherwise qualify, for a period of either 3 or 10 years. Therefore, a bar waiver is a legal document that can waive the bar, if the applicant can prove certain conditions.

How do you obtain a 3 and 10 year bar waiver in Wisconsin?

In order to obtain a 3 or 10 year bar waiver, you, the applicant, must establish that your denied reentry causes extreme hardship to you or your family in America. Examples of extreme hardship include the following:

  • Your spouse or parent has a medical condition and depends on you for care
  • Your spouse or parent is financially dependent on you and you will not be able to provide adequate support from abroad
  • Your spouse or parent has financial debts in the United States and cannot pay them without your assistance
  • Your spouse or parent has another sick family member and will be unable to care for that person without your support

How can a Wisconsin family immigration lawyer help you?

American immigration law is time-consuming and convoluted for the average person. You would be well advised to reach out to a skilled family immigration lawyer in Milwaukee, WI who will prepare legal documents and prep your qualifying family members for providing a personal statement. All of this evidence should discuss and attest to the hardship and the anticipated outcomes of your continued absence. You will also receive help in drafting and submitting your own personal statement supporting the arguments made by your qualifying relative and the conditions in your home country. Quality legal representation can make all the difference between success and failure in obtaining your 3 or 10 year bar waiver. Give yourself the best possible chance at success and call us 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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The Do’s and Don’t’s of the Green Card Process in Wisconsin

Applying for a green card allows you to live and work in the United State indefinitely, and is the first step toward becoming a naturalized American citizen. But it is not easy obtaining a green card, because not all foreign individuals are eligible to live and work in the United States. If you are eligible to live and work in the United States, please read on, then contact an experienced green card lawyer in Milwaukee, WI to learn more about the do’s and don’t’s of the green card process in Wisconsin.

The do’s and don’t’s of the green card process in Wisconsin

Attaining the legal status of a permanent resident will take a good deal of time and resources. In order to optimize your chances of receiving one, here are the do’s and the don’t’s of the green card process:

Do:

  • Follow the instructions on your Bureau of U.S. Citizenship and Immigration Services  forms to the letter
  • Attach all the documents called for in the forms
  • Follow the Bureau of U.S. Citizenship and Immigration Services photograph instructions
  • Call or visit your local Bureau of U.S. Citizenship and Immigration Services if you have any questions
  • Request an interpreter if you have difficulty understanding English
  • Hire an immigration attorney

Don’t:

  • Commit any crimes
  • Engage in politically subversive activities
  • Smuggle other foreign nationals in the United States
  • Charge others for legal advice
  • Create the impression that you will not be living in the United States once you obtain your green card
  • Lie on any Bureau of U.S. Citizenship and Immigration Services form
  • Lie to Bureau of U.S. Citizenship and Immigration Services officers
  • Leave parts of your forms blank or assume that a part of the form is unimportant
  • Open the envelope with your medical exam results in it

How can an immigration attorney help you through the green card process in Wisconsin?

While the United States does not require you to hire an immigration lawyer, and even if you have a straightforward case, you would be wise to hire one. America’s immigration system is notoriously labyrinthine, frustrating and bureaucratic. Furthermore, it does not receive enough oversight or public scrutiny, which means you can easily fall through the cracks. If all this sounds intimidating, reach out to a skilled family immigration lawyer in Milwaukee, WI to discuss your next steps and how we can help you.

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 212(h) Waivers in the United States

A 212(h) waiver may be able to help you get a green card if you are currently in a situation where you have lost the opportunity to obtain legal residency in the United States as a result of a recent criminal conviction. It is important to understand that you are not alone and you do not have to go through this process alone. It is in your best interest to reach out to our skilled green card lawyer in Milwaukee, WI today to learn more about your options. Our firm is dedicated to ensuring that you are equipped with the understanding required to get through this process.

What are 212(h) waivers in Wisconsin?

With the assistance of a 212(h) waiver, those who have been convicted of a crime can keep their green card. The waiver can be completed through Form I-601. The applicant must also be able to prove that if they were directed to vacate the United States, they would encounter severe hardship to a parent, child, or spouse. It is important to understand that the applicant must also show that the parent, child, or spouse is a citizen of the United States or a lawful permanent resident. Elements that can be assessed include the length of their residence in the country, family ties, the hardship to them if they are not allowed to stay, the hardship to their family if they cannot stay, and their employment history. Also, they will want to explore the country that the individual would be coming back to and their chance for rehabilitation.

Can I apply for a green card with this waiver?

As long as they have never been in removal proceedings and they have a criminal conviction, an individual can apply for a green card with a 212(h) waiver. Because of this, if the 212(h) waiver is denied by immigration, they could be put into removal proceedings.

Who can qualify for a 212(h) waiver?

You may qualify for a 212(h) waiver if you have a criminal record, have never been in a removal proceeding, and are qualified for a green card outside of having a criminal record. People who were convicted of the following crimes can be able to receive a 212(h) waiver:

  • Engaging in prostitution or procuring prostitutes
  • Involvement in serious criminal activity where immunity from prosecution was asserted
  • Convictions for two or more offenses for which the aggregate sentence was 5 years or more
  • Crimes involving moral turpitude
  • A single offense of simple possession of 30 grams or less of marijuana

To learn more about 212(h) waivers, reach out to our firm today and speak with an experienced green card lawyer in Milwaukee, WI.

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 is a Green Card? | Wisconsin Immigration Law

If you would like to become a U.S. citizen, you likely have a lot of questions. You may be wondering things like “what is a green card? What is the process of obtaining one?” Our firm understands that this process can be stressful, and we are here to advocate for you every step of the way. Read on to learn more about obtaining a green card in Wisconsin.

What is a green card?

The United States Permanent Resident Card is an identification card documenting the permanent resident status of an alien in the United States. It is commonly known as a “green card” because it is green.

Who is eligible for a green card?

There are a number of ways to obtain a green card. The eligibility categories include:

  • Family-Based
  • Job or employment-based
  • Refugee or asylum
  • Special programs

How Long Does it Take USCIS to Process a Form I-485 in Wisconsin?

If you submit a Form I-485 in Wisconsin, your case should be processed between 6.5 months to 20.5 months. If it has been more than 20.5 months since you’ve submitted your application, feel free to reach out to our firm to discuss your case. To check the status of your pending application, you can either call USCIS at 800-375-5283 or visit USCIS’s Case Status online page and enter the receipt number you obtained after filing your Form I-485.

What if my green card application is denied?

In some cases, a green card application will be denied. This can happen for a number of reasons. If your green card application for renewal is denied, you will not be able to appeal this decision. However, you can potentially file a motion to reopen or a motion to reconsider with the office that determined you were ineligible for renewal. A skilled immigration attorney will be able to help you obtain, collect, and present all evidence required to prove that the decision to deny your application was based on an inaccurate application of the law.

If you have any questions or concerns about obtaining a green card, our firm is here to help. Reach out today to speak with an experienced and dedicated immigration law attorney.

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 You Should Know About E-1 and E-2 Investor Visas

If you would like to learn more about investor visas, it is in your best interest to reach out to our firm today. Our skilled and dedicated E-1 & E-2 investor visa attorneys in Milwaukee, WI are prepared to help you through the process of obtaining one. Contact us today.

What are investor visas?

The purpose of an investor visa is to encourage trade between countries. These are also known as treaty visas, as investor visas allow investors and their employees to enter the United States, bringing businesses and the jobs they provide to our shores. The E-1 and E-2 visas are in place to do just that. The E-1 and E-2 visas are classified as treaty visas. The objective of treaty visas is to promote trade between the United States and the treaty country. The E-1 visa is mainly granted to employees of enterprises, whereas the E-2 visa is given to the investors of those enterprises. If you are curious about learning more about the investor visa or would like to examine your circumstance with an attorney, reach out to our firm today.

What are the benefits of an investor visa?

There are a number of different advantages to E visas. To begin, it is the only visa that authorizes a foreign national to be self-employed in the U.S. Moreover, E visas are issued for up to 5 years and can be restored and expanded in five-year increments as long as the qualifying activity continues. The principal applicant’s spouse and children of the investor will be recognized in the same category and eligible for employment authorization during the entire time of the E visa. Other benefits include the direct filing with the consular post and you do not need the approval of the USCIS; the ability to remain in the U.S. indefinitely; prior work experience or advanced degree is not required, and there are no statutory limitations to the number of E visas which can be issued.

To learn more about the advantages of an investor visa, it is in your best interest to reach out to our skilled E-1 & E-2 investor visa attorney in Milwaukee, WI today. Our legal team is dedicated to ensuring that our clients are provided with the resources and information they need to prosper in the United States. Give us a call today. We are on your side.

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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How Do I Become a U.S. Citizen? | What to Know About Naturalization

Our firm understands how stressful the naturalization process is for our clients. There is nothing more that we want to see than our clients become United States citizens. Reach out to our Milwaukee, WI naturalization lawyers today to learn more about how we can help.

How do I become a naturalized citizen?

There are many ways that you can become a naturalized citizen. Even if you have not held a green card for 5 or more years, you can still become a naturalized citizen under further circumstances. For instance, if you have lived in the United States for 4 years under asylum, you may apply for naturalization. Also, if you have served in the U.S. military and lived in the U.S. for three years, you can also apply for naturalization. You can also become a citizen if you have lived in the United States for three years and you marry another United States citizen. With all of that being said, if you have questions about whether you qualify for naturalization, our firm can help you. Contact us today to get started.

What are the qualifications for naturalization?

To become a naturalized United States citizen, you will have to meet the following criteria:

  • You must be at least 18 years old
  • You must have lived in your state or USCIS district with jurisdiction over your place of residence for at least three months before filing the application for naturalization.
  • Students must apply where they attend university or where their family lives.
  • You will have to be physically present in the U.S. for at least 30 months of the five years before the date of application
  • You will have to prove that you can read, write, and speak English. You must also demonstrate a knowledge of U.S. civics and history.
  • You must stay in the U.S. between the date you apply for naturalization until the date of naturalization
  • You must be of good moral character
  • You must be a Green Card holder for 5+ years immediately before the date of your filing the Form N-400, Application for Naturalization

To learn more about the qualifications of becoming a naturalized United States citizen, do not hesitate to reach out to our firm. Our legal team has the dedication and experience required to help our clients navigate through this overwhelming process. Give us a call today and speak with our Milwaukee, WI naturalization lawyers.

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 Work Authorization Permits in the U.S.

To learn more about work authorization permits, it is in your best interest to reach out to one of our experienced and dedicated work authorization permit lawyers in Milwaukee, WI. Our legal team is committed to walking you through each step of this process.

What are work authorization permits?

A “work permit,” which is also known as an employment authorization is a document issued by The United States Citizenship and Immigration Services (USCIS) that provides the holder a legal right to work in the U.S. It is important to recognize that a work permit is not the same thing as a green card. Certain non-residents who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request employment authorization. Employment authorization is given for a certain period of time. Foreign nationals with employment authorization can legally work in the United States for any employer. Through another program, aliens who are sponsored by specific United States employers and issued temporary work visas are allowed to work for that sponsoring employer.

You should expect a long period of time to go by before you receive an answer to an I-765 petition, which is why an interim authorization may be given. An interim authorization can be issued to an eligible applicant when USCIS has not adjudicated an application within 90 days of receipt of a properly filed application or within 30 days of receipt of a properly filed asylum-related application. You will want to recognize that an interim authorization will only be granted for 240 days.

To learn more, reach out to a skilled Wisconsin immigration attorney today.

How do I apply for an employment visa?

For those who would like to become immigrants based on employment or a job offer, they can apply for permanent residence or an immigrant visa when they are outside of the country. Entry in this category is limited therefore there may be long waits. The U.S. Department of State is the agency that allocates and grants visa numbers. Employment-based visas are limited to 140,000 per year. Furthermore, there are limits to the percentage of visas that can be assigned to each country. Currently, about 234,000 people have applied for employment-based adjustment of status green cards in the United States and are waiting for approval. If you are interested in obtaining a visa in a competitive category such as employment, it is especially useful to have the guidance and aid of an experienced work authorization permit lawyer in Milwaukee, WI.

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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The U.S. Is Resuming ‘Remain in Mexico’ Policy for Asylum-Seekers

Once again, migrants who would like to enter the United States will need to stay in Mexico while waiting for immigration hearings, as the Biden administration has agreed to comply with a court order and accept conditions set out by Mexico for continuing the Trump-era policy.

Do not hesitate to reach out to our firm today if you have any questions about this policy. Our experienced Wisconsin family immigration lawyers are here to help you. We are just one call away.

Homeland Security secretary finds the policy to have “endemic flaws”

All migrants included in this policy must be vaccinated against COVID-19. Adults will obtain the Johnson & Johnson vaccine, which needs only one shot. Children who are allowed under U.S. guidelines will get the Pfizer shot and will receive the second shots when they arrive at the U.S. for their first hearings.

According to Secretary Alejandro Mayorkas, the policy in question has “endemic flaws, imposed unjustifiable human costs, pulled resources and personnel away from other priority efforts, and failed to address the root causes of irregular migration.”

These cases are determined to be completed within 180 days, as Mexico has voiced apprehensions that they will decline. The Justice Department is assigning 22 immigration judges to work on these cases exclusively.

The U.S. is trying to ensure migrants’ safety

The Biden administration would like to prioritize migrants’ safety when they need to travel to and from the court in both the U.S. and Mexico. Furthermore, migrants returned from Laredo and Brownsville, will be moved to locations further inside Mexico because they are safer.

U.S. officials haven’t communicated how many will be processed daily. The administration has kept in place another Trump-era policy that allows it to return Central Americans to Mexico on the grounds of containing the spread of COVID-19.

Migrants will also have the ability to meet with attorneys before each hearing. The State Department is working with Mexico on locations for video and phone access to attorneys in the U.S.

Additionally, Mexico released a statement saying that “vulnerable” people should be excused, including unaccompanied children, pregnant women, physically or mentally ill people, older people, indigenous people, and members of the LGBTQ community.

Nevertheless, several U.S.-based legal aid groups that have represented asylum-seekers waiting in Mexico are now stating that they will no longer take these cases, which adds queries to the U.S. ability to provide migrants with better access to legal counsel. Administration officials say they think there are sufficiently other lawyers who will represent asylum-seekers sent back to Mexico.

Contact our firm today to learn more about this policy and how it might affect you and your family. Our skilled Wisconsin family immigration lawyers are here for you each step of the way.

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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Can I Leave the United States While My Green Card is Pending?

To learn more about what you can and cannot do while your green card is pending in the United States, continue reading and speak with an experienced Milwaukee, WI green card attorney today.

Can I move while my green card case is still pending with the USCIS?

If you are going through the process of obtaining a green card and you will be moving while your case is still pending, it is imperative that you update your address with the USCIS within 10 days of your move to ensure that you do not miss any critical information about your case. If you fail to do this update, you risk not receiving crucial news about your case. You can update your address either through your USCIS online account, or you can file the Form AR-11, Alien’s Change of Address Card, via the USCIS Change of Address online page.

To learn more about what you need to do if you have moved while your case is still pending, reach out to our attorneys today.

How long does Form I-485 take to process with the USCIS?

Your form should process between 6.5 months to 20.5 months in Wisconsin. In the event that your wait time has reached longer than 20.5 months since you’ve submitted your application, do not hesitate to reach out to our firm to discuss the specifics of your case and how we can help.

Can I check the status of my case?

If you would like to check the status of your pending application, you can either call USCIS at 800-375-5283 or visit USCIS’s Case Status online page and enter the receipt number you obtained after filing your Form I-485.

Can I leave the United States while my case is pending?

You must file Form I-131, Application for Travel Document if you need to leave the United States while your case is still pending. It is critical to understand that if you leave the country without filing an advance parole document while you still have a pending Form I-485, you will be abandoning your application, which can negatively impact your ability to receive a Green Card. If you have any further questions, it is in your best interest to reach out to our experienced immigration firm. Our Wisconsin family immigration lawyers wants nothing more than to provide our clients with the security they need to live a happy life in the United States.

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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How Do I Obtain a Fiancé Visa in the United States?

Becoming a United States citizen with a K-1 visa through marriage is not easy. In order to remain in the United States, there are several rules you must follow. One of the biggest rules is that you must marry your fiancé within 90 days of your entry into the United States. If you would like to speak about this further, our skilled Wisconsin immigration attorneys are here to help. Contact us today.

What are the criteria for obtaining a fiancé visa in the United States?

There are several factors that you will need to take note of if you would like to learn more about how you can obtain a fiancé visa in the United States. The following criteria are what courts will use to determine whether or not the qualification for this visa is valid:

  • You will need to verify that after you enter the United States, you will not become a public charge. You must prove that your future spouse’s income meets or exceeds 100% of the US poverty guidelines.
  • You will have to go through an interview process, submit a medical examination, and background check.
  • You must display evidence that you have met your prospective spouse at a minimum of two years before you file. To prove this, you can provide photographs, text messages, email communications, and more.

If you are interested in learning more about how to obtain a visa as a fiancé, do not hesitate to reach out to our skilled Wisconsin immigration attorneys at the Sesini Law Group today.

What if I fail to get married within 90 days of entry into the United States?

In the case that you do not get married within 90 days, there is a very high possibility that you will be denied your ability to enter the United States and become a United States citizen. Because you are only to be granted admission into the United States based on the sole fact that you would be marrying a K-1 visa petitioner, failing to marry in 90 days would remove your eligibility entirely. However, in some situations, if you can prove that you married your spouse within 90 days, though you divorced afterward, you may be able to get a green card without the aid of your spouse. It is important to note that this is not always guaranteed, especially if it is found that you were only marrying to obtain entry into the United States.

Do not hesitate to reach out to our skilled Wisconsin immigration attorneys if you have any additional questions. Our dedicated legal team is furnished with the knowledge and experience needed to ensure that you have all of the information you require.

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 is the Process of Renewing My Green Card in the United States?

At Sesini Law Group, S.C., our attorneys strive for our clients to meet their immigration status goals. If you would like guidance through the renewal process for a Green Card, do not hesitate to reach out to our firm today. Our skilled Wisconsin immigration attorneys are here for you, each step of the way.

How do I get my Green Card renewed?

In order to begin the Green Card renewal process, you will need to complete a Form I-90, Application to Replace Permanent Resident Card either online or through a paper application. Please note that the paper application must be submitted through the mail once completed. If you have ownership of a prior version of the alien registration card, you will need to replace it with your current Green Card as soon as you are able. If you would like to learn more about this process, do not wait to reach out to our firm to speak with our dedicated legal team. Give us a call today.

Can I renew my Green Card outside of the United States?

In the event that your Green Card is going to expire within 6 months, but you will return to the United States within one year of you leaving, you will have to file for the renewal card when your return. If you failed to apply for the renewal card before you left the United States, then you will need to contact a United States Consulate, USCIS office, or a United States port of entry before you are able to file a Form I-90 for renewal.

What should I do if my Green Card application is denied?

It is unfortunate that a rejected renewal application cannot be appealed. However, you may be able to file a motion to reopen or a motion to reconsider with the office that originally determined you were unfit for renewal.

It is in your best interest to contact an experienced immigration attorney if your renewal was denied. With the guidance from a skilled attorney, he or she can help you obtain, collect, and present all the evidence needed to show that the decision to deny your application was based on an incorrect application of the law. If you are interested in filing a motion, reach out to a dedicated immigration attorney for help. At the Sesini Law Group, S.C., our legal team is furnished with the knowledge and experience needed to guide our clients through this process correctly. Contact us 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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The USCIS Issues an Updated Policy on T Visa Adjudications

The United States Citizenship and Immigration Services (USCIS) has enacted a new policy in regard to applications for T nonimmigrant status for those who have faced harsh instances of trafficking.

Do not wait to reach out to our skilled Wisconsin immigration attorneys today if you have questions or concerns about this policy and how it can affect you or your immigration status. Our dedicated legal team is equipped with the knowledge and experience required to ensure that you have the information you need.

What does this policy do?

This policy has been created to achieve several different matters. Below is a summary of how this policy can help victims of trafficking.

  • Explains that the age-based exemption to the requirement to align with reasonable requests for assistance from law enforcement implements based on the victim’s age at the time of
    victimization.
  • Shows how USCIS assesses involuntary servitude claims, including conditions of servitude induced by domestic violence, in addition to victimization that may happen during a deliberate
    smuggling arrangement.
  • Describes how USCIS evaluates the connection between the original victimization and the applicant’s hindering presence in the United States when evaluating the physical presence
    eligibility requirement.
  • Offers extensive direction on eligibility requirements, evidentiary standards, burdens of proof, admissibility determinations, travel considerations, and confidentiality protections for T nonimmigrant status applicants.
  • Clarifies that principal T nonimmigrants looking to adjust status may present their Arrival/Departure Record (Form I-94) reflecting their most recent validity period of T nonimmigrant status along with their receipt notice for the Application to Register Permanent Residence or Adjust Status (Form I-485) as confirmation of employment authorization for 24 months, starting from the expiration date on Form I-94 unless the Form I-485 is denied or withdrawn.
  • Investigates how USCIS defines the term “harboring,” an identified action under the federal definition of a severe form of trafficking in persons.
  • States that USCIS is adopting the decision issued by the Ninth Circuit in Medina Tovar v. Zuchowski, a case which involves the adjudication of petitions for U nonimmigrant status, for
    nationwide application in the adjudication of applications for T nonimmigrant status. Accordingly, when evaluating a spousal or stepparent and stepchild relationship between the principal T nonimmigrant applicant and a qualifying family member, USCIS decides whether the relationship existed at the time the principal application was fairly adjudicated, instead of when the principal application was filed.

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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How to Obtain Adjustment of Status in the United States

If you would like to learn more about what the qualifications of obtaining a green card are, you may want to consider the process of an Adjustment of Status (AOS). Continue reading and reach out to our experienced Wisconsin immigration attorneys today.

What is Adjustment of Status?

Adjustment of Status (AOS) is a process that is used by any qualified non-United States Citizen that would like to become a Permanent Resident. In the case where an individual acquires permanent residency, they will be allowed to live and work in the United States permanently. A person that achieves this status will need to make sure that he or she has their green card accessible at all times.

Do I qualify for an Adjustment of Status?

In order to qualify for an AOS, a non-United States citizen must live within the United States and meet specific criteria. You may be able to apply for a green card if your circumstances fit into any of the following categories:

  • Family-based: Those who are immediate relatives of a citizen in the United States do not have to wait for a visa. Immediate relatives that are eligible for a green card can include parents, spouses, and unmarried children under the age of 21. Also, there is no limit to the number of visas that can be issued for family members of a United States citizen.
  • Job or employment-based: For individuals who want to come to the United States for employment opportunities or a job offer, can apply for permanent residencies. However, not all applications are guaranteed as there are special circumstances and a restricted number of visas that can be issued.
  • Refugee or asylum: People who come to the country as a refugee or who were granted asylum can also apply for permanent residency. This may occur after year after they came into the country. Spouses or children of refugees and asylees may also qualify.
  • Special programs: There are several other ways to obtain a green card. Reach out to our firm to learn more.

How does this process work?

It is important to note that the AOS process can take months and even over a year. There are also several requirements that a person must meet in order to get a green card. Some of the requirements include the following:

  • Go through a criminal background check
  • Interview with a USCIS agent
  • Attend a biometrics appointment and/or medical exam

Do not wait to contact our firm to obtain more information on this process and how our dedicated legal team can help you.

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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How Can I Help My Relative Become a United States Citizen?

If you are a United States citizen and would like to help your relative become a lawful permanent resident, continue reading and contact our experienced Wisconsin immigration attorneys today to learn more about Form I-130.

What is a Form I-130?

Also referred to as Petition for Alien Relative, Form I-130 is the first step in helping an eligible relative through the United States immigration process.

Where does Form I-130 get filed?

The first step to helping your relative apply for a green card is through Form 1-130. The manner in which you file your form will mostly depend on where you currently reside. If you currently reside in the United States as a United States citizen, you will file your form either at the Phoenix, Chicago, or Dallas Lockbox. But, if you are a United States citizen, live outside of the United States, and are filing for an unmarried child under the age of 21, or for one of your parents, you will have to file at the USCIS international office in the country where you are currently living.

If you are a United States citizen who is living outside of the U.S. and in a country where there is no location for a USCIS international lockbox, then you will have to file at the Dallas lockbox. The Form expects you to provide the nature of your relationship with your immigrant relative, your mailing address, marital status, and more. Also, the Form will require you to reveal information including the beneficiary’s full name, physical address, date of birth, and marital information.

How much does it cost to file?

It costs $535 to file, so it is important that the form is filed correctly. This fee will need to be paid via personal check, money order, cashier’s check, or by credit card via Form G-1450, Authorization for Credit Card Transactions. It is in your best interest to reach out to an accomplished immigration attorney to ensure that everything is filed correctly.

What information do I need to file Form I-130?

When filing this form, it is imperative that all of the necessary information is submitted. That is why it is crucial that you retain the services of a skilled immigration attorney to guarantee that you are filing this form properly to avoid any future complications. Some of the information you will need to submit includes evidence of your U.S. citizenship, U.S. national status, or lawful permanent residence, a copy of your child’s birth certificate (or your marriage certificate), a copy of your birth certificate, and more.

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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Seeking Asylum in the United States | What to Know

Do not wait to reach out to one of our skilled Wisconsin immigration attorneys as soon as possible if you have fled your native country to seek asylum. Our firm is dedicated to ensuring that our clients are protected during this overwhelming time.

How to obtain asylum in the United States?

The two ways in which an individual can seek asylum in the United States include the following:

  • The defensive asylum process: This refers to when someone who is facing removal proceedings requests asylum as a defense from being deported. These cases are typically presented in front of immigration judges. With this process, you, your attorney, and the U.S. Government will discuss whether you qualify for asylum and whether you should be removed from the United States or not. The immigration judge does have the authority to decide whether you will be deported or not. However, it is important to note that you also have the right to appeal the judge’s ruling.
  • The affirmative asylum process: In order to obtain asylum through the affirmative asylum process, it is critical that you are physically present in the United States and not involved in any removal proceedings. You must also apply for asylum within one year of the date of your entry into the United States.

If you have questions or concerns about these two processes, it is in your best interest to reach out to our firm today to speak with one of our dedicated legal team members.

What causes ineligibility for asylum?

It is important to understand your eligibility for seeking asylum before you begin the process. Oftentimes, it is a challenge to obtain asylum. Below are some examples of ways in which you would not be eligible:

  • If you have been convicted of certain serious crimes, generally involving drugs or violence
  • Anyone who has taken part in the persecution of another person due to their race, nationality, religion, and other guaranteed freedoms
  • Those who are proven to have resettled in another country before arriving in the United States
  • Those convicted of a serious nonpolitical crime outside of the United States
  • Anyone prepared to pose a danger to the security of the United States

Do not hesitate to reach out to our firm today to discuss the specifics of your case and how we can best help you.

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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Am I Eligible to Apply for a U Visa? | What to Know

The purpose of a U visa is to provide crime victims with the opportunity to become a Lawful Permanent Resident in exchange for aiding legal enforcement. If you are interested in obtaining a U visa, it is in your best interest to reach out to our firm today to speak with one of our experienced immigration attorneys. At the Sesini Law Group, S.C., our firm is dedicated to helping you.

What is a U visa?

A U visa was created for crime victims and their immediate family members who have endured serious mental or physical abuse and would like to assist law enforcement and other government officials in the investigation or prosecution of the crime. This was designed with the intention of increasing law enforcement agencies’ ability to investigate and prosecute cases concerning domestic violence, sexual assault, and human trafficking. The ultimate purpose of this visa is to protect victims.

The U visa runs by allowing an individual to become a Lawful Permanent Resident if they have had a perpetual physical presence in the United States while keeping their U Visa status. It is also relevant to note that these visas are limited to 10,000 per year, but do there is no limit for family members such as spouses, children, or other eligible members.

Who is eligible to apply for a U visa?

In order to be able to apply for a U visa, there are six requirements that must be met. The requirements are as follows:

  • The applicant must have been a victim of a qualifying criminal activity.
  • The applicant must have suffered substantial physical or mental abuse.
  • The applicant must be willing to provide information concerning the crime.
  • The applicant must assist in the investigation.
  • The criminal activity occurred in the United States or violated U.S. laws.
  • The applicant is admissible to the United States under current law.

What crimes qualify for this visa?

There are many crimes that qualify for U Visas in the United States. These crimes include the following:

  • Domestic violence
  • Female genital mutilation
  • Kidnapping
  • Manslaughter
  • Murder
  • Prostitution
  • Rape
  • Sexual Assault
  • Human trafficking

Am I able to extend a U visa?

Usually, a U visa is valid for four years. However, an extension may be available if:

  • Requested by law enforcement,
  • Needed based on exceptional circumstances,
  • Needed due to delays in consular processing, or
  • Automatically extended upon the filing of an application for adjustment of status.

It is in your best interest to reach out to our experienced law firm today to learn more about U visas. Our New York City immigration attorneys are dedicated to supporting you and your family.

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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The USCIS Awards Citizenship and Integration Grants

The United States Citizenship and Immigration Services have stated on September 20, 2021, that an award of $10 million in grants to 40 organizations that provide aid to lawful permanent residents for naturalization. These grants are intended to promote prospective citizens’ naturalization by funding educational programs that are crafted to aid in the increase of English, United States History, and civics. These organizations are located in 25 states and will be receiving funding until September 2023.

Reach out to our experienced Wisconsin immigration law firm if you would like to learn more about how this might affect you and your immigration status. Our committed immigration attorneys are committed to assuring that you are given the information you require. Contact the Sesini Law Group today.

Who are the grant recipients?

Those who will be receiving grants are public or private non-profit organizations with recent experience providing citizenship instruction and naturalization application assistance to lawful permanent residents. The Citizenship Instruction and Naturalization Application Services and the Refugee and Asylee Integration Services have funded these opportunities, allowing public or private nonprofit organizations to receive the grants. These organizations include community and faith-based groups, public libraries, and adult education and literacy organizations.

In FY 2021, the recipient organizations will intend to serve both traditional immigrant population centers and rising immigrant population centers in 25 states. Grant recipients will perform citizenship preparation services to approximately 25,000 lawful permanent residents who have come from more than 50 countries around the world. The grant recipients include the following:

  • Eight out of the top 10 states with the greatest increase in their lawful permanent resident population between FY 2017 and 2019, including California, New York, Florida, Texas, New Jersey, Illinois, Massachusetts, and Pennsylvania; and
  • Eight out of the top 10 states with the most naturalizations between FY 2016 and 2018, including California, New York, Florida, Texas, New Jersey, Illinois, Massachusetts, and Washington.
  • Eight out of the top 10 metropolitan areas with the most naturalizations between FY 2017 and 2019, including New York, Los Angeles, Miami, Chicago, Houston, Dallas, and Atlanta.

If you have questions or concerns about how this may affect you, contact our firm today to learn more.

How does the review process work?

The USCIS has studied more than 95 eligible applications using two-member teams to evaluate each plan. The reviewers were required to score applications numerically using written evaluation criteria. The USCIS then ranked the applications based on their average scores. The USCIS internal review panel decided the final list of recipients based on the ranked order.

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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The USCIS is Extending Flexibilities for Agency Requests Responses

The United States Citizenship and Immigration Services (USCIS) has recently declared that they have renewed the agency request extension deadline. If you would like to learn more about this recent change and how it might affect you or a loved one, keep reading and reach out to one of our experienced Wisconsin immigration attorneys.

The USCIS is Extending Flexibilities for Agency Requests Responses

The United States Citizenship and Immigration Services (USCIS) is extending the flexibilities to assist petitioners, requestors, and applicants in response to the coronavirus. These flexibilities include the following:

  • Notices of intent to deny
  • Notices of intent to revoke
  • Notices of intent to rescind
  • Requests for evidence
  • Continuations to request evidence
  • Notices of intent to terminate regional centers
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of
  • Derogatory Information After Grant.

Moreover, it is necessary to note that the United States Citizenship and Immigration Services will analyze a Form I-290B, Form N-336, Notice of Appeal or Motion, or Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336 of the INA if the form was filed up to 60 calendar days from the issuance of a decision they made and if they made that decision anytime from March 1, 2020, through January 15, 2022.

If you are unsure about this extension or about how this change might impact your immigration status, do not hesitate to speak with an experienced legal team who can help you navigate through this process and answer any questions you may have. Our experienced immigration attorneys are prepared to help you understand the nuances of this new policy. Reach out to our firm today to schedule your initial consultation.

What are the new notice, request, and decision issuance dates?

The flexibility that is related to the documents listed above has an extended issuance date on the request, notice, or decisions between March 1, 2020, and January 15, 2020.

If you would like to get more information about these documents and the new extension insurance dates and how they can relate to you, contact our firm today to speak with an experienced immigration lawyer.

What is the response due date?

The USCIS will consider any of the above requests and notices that have been received within 60 calendar days after the response due date. The United States Citizenship and Immigration Services will consider a Form N-336 or Form I-290B for up to 60 calendar days from the date of the decision before action has been taken.

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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Senate Democrats to Include Immigration in Their Economic Agenda Bill

The Senate Democrats have freshly formulated an argument to introduce a plan for legalization for millions of immigrants in their $3.5 trillion bill to expand the country’s social safety net. In a meeting with the Senate’s Parliamentarian, Elizabeth McDonough, Democrats disputed their plan to provide around 8 million immigrants with the chance to apply for Green Cards in the United States. This is referred to as a reconciliation bill because these populations are thought to be the most appropriate group for inclusion.

If you have questions or concerns regarding this potential new legislation and how it might affect your immigration status, do not hesitate to reach out to our firm today. At the Sesini Law Group, S.C., we are dedicated to making sure that our clients are going through the immigration process seamlessly. Contact our firm today to speak with our experienced Wisconsin immigration attorneys.

How will this legislation be passed?

Democrats will be able to pass this legislation with just a simple majority. They do have to prove, however, that the law they are trying to pass along party lines is bigger than just an “incidental” impact on the country’s bottom line.

The legislation will have to go through a “Byrd bath” which is a procedure that was named for former West Virginia Senator Robert Byrd who helped craft the limits for when a political party is permitted to use the special budgetary process.

If you would like to learn more about what this legislation entails, contact our firm today. We are committed to helping our clients through the various details of the immigration process.

Why should this legislation be passed according to Democrats?

The Democrats have argued that allowing recipients of the Deferred Action for Childhood Arrivals program, people with Temporary Protected Status, farmworkers, and other essential workers to apply for the Legal Permanent Residency would make them eligible for social programs. These social programs include Supplemental Nutrition Assistance Program, Medicaid, Medicare, Social Security, and other health benefits.

The effort to include immigration in the Democrats’ economic agenda bill faces far odds, but, it still may be the Democrats’ best potential for accomplishing matters on this issue. This bill has come after a months-long battle to reach a bipartisan deal that fell apart.

Reach out to our firm today to determine whether or not you apply to this potential bill. We are committed to making the immigration process as straightforward as possible for you and your family.

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 You Should Know About 212(h) Waivers in Wisconsin

If you lost the opportunity to obtain legal residency in the United States because of a criminal conviction, 212(h) waivers may be able to help you obtain a Green Card. If you are in this situation, you are not alone. Reach out to our experienced Wisconsin immigration attorneys to discuss your options. Our firm is committed to ensuring that you are provided with the knowledge and tools you need to navigate through this process. Contact the Sesini Law Group, S.C. today to learn more.

What are 212(h) waivers in Wisconsin?

A 212(h) waiver is used to assist those who have been convicted of a crime keep a Green Card. The waiver can be filled out on Form I-601. The applicant must be able to prove that if they were required to leave the United States, they would face severe hardship to a parent, child, or spouse. It is important to note that the applicant must show that the parent, child, or spouse is a citizen of the United States or a lawful permanent resident. Components that can be considered include the length of their residence in the country, family ties, the hardship to them if they are not allowed to stay, the hardship to their family if they cannot stay, and their employment history. Furthermore, they will want to explore the country that the individual would be coming back to and their chance for rehabilitation.

Can I apply for a Green Card with 212(h) waivers?

An individual can apply for a green card with a 212(h) waiver as long as they have never been in removal proceedings and they have a criminal conviction. That being said, if the 212(h) waiver is denied by immigration, they could be placed into removal proceedings.

Who can qualify for 212(h) waivers?

If you have a criminal record, have never been in a removal proceeding, and are eligible for a green card outside of having a criminal record, you can qualify for a 212(h) waiver. Individuals who were charged with the following crimes may be capable to get a 212(h) waiver:

  • Convictions for two or more offenses for which the aggregate sentence was 5 years or more
  • Engaging in prostitution or procuring prostitutes
  • Involvement in serious criminal activity where immunity from prosecution was asserted
  • Crimes involving moral turpitude
  • A single offense of simple possession of 30 grams or less of marijuana

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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How Do I Renew My Green Card in Wisconsin? | What to Know

If your Green Card is reaching its expiration date, it’s important to understand how to renew it. Generally, this process entails filing Form 1-90 every 10 years with USCIS either online or through the mail, and generally requires a biometric collection appointment. While the process remains the same, failure to renew can result in complications, including issues with working and international travel. As such, the following blog explores what Green Card holders in Milwaukee and across Wisconsin should know when preparing to renew their permanent residency card.

What Is a Green Card, and Why Does Renewal Matter in Wisconsin?

A Green Card provides the security and opportunities that immigrants need to focus on the most important things in life. Unfortunately, Green Cards must be renewed every 10 years, and oftentimes, the process can be complex. If you are going through the renewal process, you will need a skilled Wisconsin immigration attorney on your side.

On-time Green Card renewal is critical, as an expired card can impact employment verification, travel, and proof of your status as a lawful permanent resident.

Key Facts About Green Card Renewal

  • Most Green Cards are valid for 10 years and must be renewed before expiration
  • You can renew the card using Form I-90, Application to Replace Permanent Resident Card
  • You may file online or via mail
  • Processing times can range from a few months to over a year, depending on Milwaukee regional caseloads
  • If your Green Card expires, you will not lose your status as a lawful resident, though the expired card may lead to legal and practical issues

For Green Card holders in Wisconsin, this process is generally handled through the USCIS Application Support Center serving Milwaukee and surrounding communities.

How Can I Renew My Green Card in Wisconsin?

If you would like to renew your Green Card, you must fill out a Form I-90, Application to Replace Permanent Resident Card. This document can be filed online or on paper. It is important to note that if you submit the form on paper, you will need to send it in the mail. Additionally, if you have possession of a previous version of the alien registration card, you must replace it with a current Green Card as soon as you can.

If you have questions or concerns regarding your renewal, do not hesitate to contact our firm today. We are dedicated to ensuring that you are on the right track in this process.

Step-by-Step Green Card Renewal Process

  • Complete Form I-90 online or mail the paper document to the correct USCIS processing center
  • Ensure the form has been completely filled out and your answers are accurate
  • Pay the required biometric fee, if necessary
  • Receive a receipt notice (Form I-797), confirming your application has been received by USCIS
  • Attend the scheduled biometric collection appointment at a USCIS Application Support Center, typically located in Milwaukee, for filers in the area
  • Wait for USCIS to process your information and issue a decision
  • Receive your new Green Card through the mail

Can I Renew My Green Card Outside of the United States?

If you are outside of the United States and your Green Card is set to expire within 6 months, but you will return within one year from your departure from the United States, you must file your renewal card upon your return. If you have not applied for the renewal card before leaving the United States, you will need to visit a U.S. consulate, USCIS office, or a U.S. port of entry as soon as possible. After you have done that, you will then be able to file your Form I-90 for a Green Card renewal.

Travel and Re-Entry Considerations

  • You can generally remain outside of the United States for one year without losing your residency status
  • If your Green Card expires while outside of the U.S., you may need additional documentation to re-enter the country
  • You may need to contact a U.S. Consulate or Embassy prior to your return
  • An extended absence of over one year can trigger abandonment of your residency

What if My Green Card Application Is Denied?

If your Green Card application for renewal is denied in Wisconsin, you will not be able to appeal this decision. However, you can potentially file a motion to reopen or a motion to reconsider with the office that determined you were ineligible for renewal. A skilled immigration attorney will be able to help you obtain, collect, and present all the evidence required to prove that the decision to deny your application was based on an inaccurate application of the law.

Common Reasons for a Green Card Renewal Denial

  • Incorrect or incomplete Form I-90
  • Failure to attend the scheduled biometric collection appointment
  • You have committed a criminal offense
  • You have violated immigration law
  • Submission of insufficient or inconsistent documentation

Legal Options

  • You cannot appeal a denied Form I-90
  • You may pursue a motion to reopen if you have new facts
  • You may file a motion to reconsider if you believe a legal error was made
  • Obtaining strong documentation and evidence can significantly improve your chances of success

Contact Our Experienced Wisconsin Immigration Firm

The Sesini Law Group, S.C., is an experienced immigration firm 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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The USCIS Temporarily Extending Validity Period of Form I-693

Starting on August 12, the United States Citizenship and Immigration Services (USCIS) is tentatively prolonging the validity period for Form I-693 from two years to four years due to COVID-19 delays in processing. This continuation has been intended to accommodate applicants with more time to complete the necessary medical examinations for their immigration into the United States. Continue reading to learn more about this change.

Contact our experienced Wisconsin immigration attorneys at the Sesini Law Group, S.C. today to learn more about this change and how it may affect your immigration process or status.

What is Form I-693?

Form I-693 is the report of medical examination and vaccination record. This form is a required portion of the application process to become a permanent resident of the United States.

If you would like to learn about Form I-693 in more depth, give our firm a call today.

Why is this extension being made?

This brief change has been executed because of COVID-19-related delays that have influenced applicants’ capability to meet the required immigration medical examination. Before this change, the USCIS views a completed Form I-693 to hold its validity for two years after the date the civil surgeon signed, as long as the date of the civil surgeon’s signature was no more than 60 days before the applicant filed for adjustment of status.

The USCIS is on course to help more employment-based adjustment of status applications than it has since FY 2005.  They have prioritized employment-based adjustment of status applications through each step of its processing and adjudication during this fiscal year. They continue to make processing and resource allocation decisions to advance the pace of adjudications and reduce the potential for employment-based visa numbers to go untouched.

If you have questions or concerns regarding Form I-693 and would like clarification, do not hesitate to reach out to our skilled New York immigration attorneys today.

When will the USCIS consider a completed Form I-693 valid?

  • The civil surgeon’s signature is dated no more than sixty days before the applicant filed Form I-485 Application to Register Permanent Residence or Adjust Status;
  • No more than four years have passed since the date of the civil surgeon’s signature; and
  • A decision on the applicant’s Form I-485 is issued on or before Sept. 30, 2021

Reach out to our seasoned New York immigration attorneys about your Form I-693 and how this will affect your immigration status.

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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Green Card and Social Security Number Applications Now in One

The United States Citizenship and Immigration Services (USCIS) recently announced that immigrants applying for a green card within the United States now have the opportunity to simultaneously apply for a Social Security number or replacement card within the same application. This change can now allow immigrants to apply for their green card and Social security number in a simpler way.

This policy is a great start to helping immigrants navigate through the citizenship process with ease. Before this policy, applicants had to apply for their Social Security number through a separate application with the Social Security office. The USCIS has now updated Form I-485 (The Application for Adjustment Status) to include an additional question asking whether or not the applicant would like to apply for a Social Security Number.

If you have questions regarding this new change and how it may affect your immigration progress, contact our experienced Wisconsin immigration attorneys today to discuss your situation. At the Sesini Law Group, S.C., we are committed to helping our client’s immigration process run as smoothly as possible. Keep reading to learn more about this new change.

Why are green card and Social Security number applications now in one?

The new director of USCIS, Ur Jaddou stated that “eliminating unnecessary bureaucracy and optimizing collaboration across public-serving agencies is a key priority for this agency and the Biden-Harris administration.” Additionally, this expansion of the partnership between the USCIS and the Social Security Administration has further illustrated the USCIS’s commitment to improving the operation of the United States’ immigration system.

If you have any questions or concerns regarding this new application modification, contact our Wisconsin immigration attorneys today. Our firm will be able to evaluate your needs and help you make decisions with your best interest in mind.

What is the process of applying for a green card and Social Security Card within the same application?

To apply for both a green card and a Social Security number through Form I-485, you will need to fill out the application and submit it. Upon approval from the USCIS, the Social Security Administration will issue you a Social Security number or replacement card. The government filing fee for Form I-485 will remain at the same price, which is currently $1,225.

Applicants will have until October 13, 2021, to submit the new or previous version of Form I-485, and after that, only the new version will be used.

If you have questions about this new process or anything related to Form I-485 in general, our experienced Wisconsin immigration attorneys are dedicated to helping you become accustomed to this new process. Call us today to learn how we can best help you.

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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How the Nomination of Ur Jaddou Can Help Immigrants in the U.S.

Immigrants in the United States have faced hardships through the years, and especially so in the past year and a half during the pandemic. As a result, delays in visas and work permits have impacted many immigrants’ ability to support themselves and their families. Fortunately, there has been a recent addition to the United States Citizen and Immigration Services this past July.

In a 47-34 vote, the Senate appointed Ur Jaddou to lead the United States Citizenship and Immigration Services (USCIS.) Ur Jaddou is the daughter of immigrants from Iraq and Mexico and has knowledge and experience in immigration policy. Ur Jaddou’s family background has enabled her to understand the challenges that immigrants face and recognize the enriching contributions that immigrants make to the United States.

If you have questions in regards to the new leadership role in the USCIS or have any questions in general about your immigration status, contact our experienced and dedicated Wisconsin family law attorneys at Sesini Law Group, S.C. today.

What does Ur Jaddou hope to accomplish in this new role?

Ur Jaddou expressed her concerns with the long wait that foreign citizens have had to endure waiting for visas and work permits to be approved, and how she would like to expedite this process. She also addressed that she would like to return the agency to firm solvency and utilize 21st-century tools.

How will Ur Jaddou address the financial deficit of the USCIS?

The pandemic has caused a deficit in funding and employees for the USCIS. Typically, the USCIS is funded through application fees, but because in-person appointments were suspended and offices closed due to Covid-19, revenue loss has been reported. Homeland Security predicts that the recovery will take anywhere from months and even years to re-achieve full staffing and stable financial status. Ur Jaddou would like to temporarily increase the application fees in order to gain financial control again.

The secretary of Homeland Security, Alejandro Mayorkas stated that with Ur Jaddou’s experience, she will “administer our nation’s immigration system fairly and justly.” Mayorkas also expressed that he is looking forward to restoring trust in the immigration system with Ur Jaddou. Despite Ur Jaddou’s inheritance of an agency with unstable finances and delays, she as well as others are confident in her restoration capabilities.

If you have any questions about how Ur Jaddou’s leadership role may impact you and your family’s immigration status, do not hesitate to reach out to our knowledgable Wisconsin immigration attorneys to learn more. At the Sesini Law Group, S.C., we are committed to helping you accomplish your goals.

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 is the Naturalization Process in the U.S.?

The naturalization process isn’t always easy and straightforward. It takes an experienced Wisconsin immigration attorney to walk you through this process with ease. One of the most rewarding experiences as an immigration law firm is to see our clients achieve their goals of becoming United States citizens. If you are interested in taking the next step toward becoming a United States citizen, please reach out to Sesini Law Group.

What are the qualifications for the naturalization process in the U.S.?

If you would like to be a United States citizen and are over the age of 18, you will likely have to go through the naturalization process first. To be eligible for naturalization, you must fulfill one of the requirements below:

  • You have permanent residence status for 5 years and have lived in the United States for those 5 years
  • You have asylum and you have lived in the United States for 4 years
  • You are the spouse of a United States citizen and have been a resident for 3 years
  • You are a permanent resident serving in the military for 3 years

In addition to the above criteria, you also must satisfy the following:

  • Residence and Physical Presence: In order to satisfy this requirement, the applicant may not have been absent from the United States for more than a year.
  • Knowledge of the English Language United States History and Government: A part of the naturalization process includes an interview by a member of the United States Citizenship and Immigration Services. At the time of the interview, a test will be given to determine the applicant’s knowledge of these topics. In some circumstances, such as mental impairment or those over a certain age may be exempt from these requirements.
  • Moral Character: All applicants for citizenship must show they are a person of good moral character. For example, persons who have been convicted of aggravated felonies or murder are barred from applying for citizenship
  • Loyalty to the United States: After the applicant has been approved for naturalization, they must take the oath of allegiance in a ceremony that confers their citizenship.

Why would I want to go through the naturalization process?

Becoming a United States citizen comes with countless amounts of benefits including:

  • The right to vote
  • The ability to vote for public office
  • The freedom of traveling through the world with a United States passport
  • No restrictions when applying to jobs
  • Improved immigration benefits

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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