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Proposed New Fair and Humane Public Charge Rule | What It Means

Posted on by Accel Admin

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

Posted on by Accel Admin

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

Posted on by Accel Admin

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

Posted on by Accel Admin

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

Posted on by Accel Admin

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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