What Happens if I Overstay My Student Visa?
Sesini Law Group, located in Milwaukee, WI, has vast experience with a wide range of family immigration matters. Our primary goal is to proceed in every case that is most beneficial to the client, and achieve the best possible result in each and every case. Our representation includes filing straightforward family immigration applications to the most complicated multi-waiver cases. Our attorneys have educated the legal community and the public at large on many family immigration issues. Contact a Milwaukee family immigration lawyer from Sesini Law Group for a consultation.
Our Family Immigration Services
- Immigration and Criminal Law
- Federal Litigation and Appeals
- Waivers of Inadmissibility
- If a Loved One is Detained
- Removal / Deportation Defense
- Naturalization
- Family Immigration
- Deferred Action
- Asylum
Obtaining a Green Card
It is well-known that marrying a U.S. citizen is one of the ways to get a Green Card. However, these cases are often much more complex than initially believed. For example, a client of ours went to two different immigration attorneys to file for his wife’s permanent residence status. In both cases, the applications were denied because the client did not have proof of entry or an I-94 card. We were able to cause USCIS to grant the application for permanent residence.
Once you file the immediate relative petition with the adjustment application, if eligible, these applications may be filed concurrently, and depending on your jurisdiction and the specifics of your case, you may have to appear at an interview at USCIS to determine whether or not your marriage is valid or one of convenience. Prior to your interview, Sesini Law Group will review the interview process with you. Our attorneys will put you through a mock interview to better prepare you for the process.
If you are a U.S. citizen or a Legal Permanent Resident and you are applying for a son or daughter over the age of 21 or you are applying for a sibling if a US citizen, these individuals are subject to a waiting list, and the waiting list is quite long. Thus, the sooner you seek our firm to start the process, the better position you will be in.
If your case requires Consular Processing and an interview at a U.S. consulate abroad, there are many similarities. However, generally, the petitioner does not appear at the interview. Our attorneys will further prepare all of the documentation required with USCIS and the National Visa Center. Once the file is forwarded to the consulate abroad, our attorneys will further prepare the family member for the consulate interview. Visa issuance timing after the interview can vary depending on the specific consulate and case, and is not guaranteed within a set timeframe.
Provisional Waivers
In recent years, U.S. immigration law has allowed certain eligible applicants to apply for a provisional waiver of unlawful presence from within the United States before departing for consular processing. Unless you entered with a visa or are eligible under Section 245(i) of the INA, many immediate relatives will not be eligible to file for permanent residence in the U.S. The current process allows certain individuals who can demonstrate “extreme hardship” to a qualifying U.S. citizen or lawful permanent resident spouse or parent to seek a provisional waiver prior to leaving the United States. Upon the waiver’s approval, then the non-citizen can proceed to their home country and appear at the Consulate interview. Processing times and final visa issuance may vary based on the consulate and individual circumstances.
Eligibility for provisional waivers depends on current USCIS rules and individual case factors, so it is important to consult with an attorney to determine qualification.
Same-Sex Couples
On June 26, 2013, the Supreme Court struck down the Defense of Marriage Act (DOMA), which denied federal benefits to couples in same-sex marriages. This means that U.S. citizens and legal permanent residents can sponsor their same-sex spouses for green cards, and that same-sex spouses can also be included as derivatives in their partners’ family and employment-based green card applications. Immigration benefits in these cases are based on a legally valid marriage. The striking down of DOMA also makes it easier for immigrants to join their spouses in the U.S. in most non-immigrant visa categories.
Conditional Residence
If you are married for less than two years when you receive your marriage-based green card, you must file to remove the condition within 90 days of the expiration. It is important to maintain your joint documents over the years to demonstrate to the immigration service that you are still in a bona fide marriage. We understand that, unfortunately, things happen and marriages do not work out. If you find yourself in a situation where the marriage is not going as planned, and divorce proceedings have commenced, or even if you are thinking about divorce, we can assist you with the conditional residence as well.
Contact a Family Immigration Lawyer in Milwaukee
At Sesini Law Group, we understand how important it is that you achieve your family immigration goals. Because immigration matters are more complex than ever in the United States, it is important that you obtain strong legal representation. Allow us to help you in these matters with confidence that you are receiving correct advice. Contact a Milwaukee family immigration lawyer from Sesini Law Group to schedule a consultation.
