Can I Get a Green Card if I Divorce My Spouse?
As an experienced immigration law firm, Sesini Law Group will answer your questions and actively protect your interests if you find yourself involved in an immigration matter or desire to apply for naturalization or citizenship. We focus our practice on immigration law so that we can provide the support that you need in difficult times to assist you with your immigration matter. Sesini Law Group can help you decide what is the best approach for you and provide continuing advice, advocacy, and support throughout the process. Contact a skilled Milwaukee immigration lawyer from our legal team today to learn more about our practice areas and how we can help guide you through your immigration matter.
Immigration Lawyer Serving Clients in Milwaukee, WI
Here at Sesini Law Group, S.C., we handle all types of immigration-related matters on behalf of our clients, including the following:
- Family Immigration
- Naturalization
- Federal Litigation
- Deferred Action
- Asylum
- O Visas
- Deportation Defense
Where Wisconsin Immigration Cases Are Handled
Immigration matters are not decided in one place, and knowing which agency or court holds your case helps explain both the timeline and what happens next. For clients in Milwaukee and Green Bay, the following are most often involved:
- USCIS Milwaukee Field Office: Handles adjustment of status and naturalization interviews for most of southeastern Wisconsin.
- Chicago Immigration Court: Wisconsin has no immigration court of its own, so removal proceedings involving Wisconsin residents are generally heard in Chicago.
- Board of Immigration Appeals: Reviews decisions of the immigration judge on administrative appeal.
- Seventh Circuit Court of Appeals: Hears petitions for review from Wisconsin cases, and covers Wisconsin, Illinois, and Indiana.
Because these bodies apply different rules and deadlines, a case can move between them over several years. Missing a filing window at any stage can foreclose options that were otherwise available, which is why the procedural posture of your case matters as much as its underlying facts.
How to Get a Visa in the United States
There are several different ways to obtain a visa in the United States, and the right path for you will depend on your goals, your background, and whether you have a qualifying relationship or opportunity available.
Family-Based Immigration
One of the most common ways people come to the United States is through family sponsorship. If you have a close family member who is a U.S. citizen or lawful permanent resident, you may be eligible to apply for a visa or green card based on that relationship. Some of the most common qualifying relationships are as follows:
- Spouses of U.S. citizens
- Unmarried children of U.S. citizens under the age of 21
- Parents of U.S. citizens who are at least 21 years old
There are also preference categories for other family members, though these categories often involve longer wait times due to annual limits. In general, the process will require the following:
- A petition filed by your qualifying family member
- Proof that your relationship is legitimate and legally recognized
- Completion of either consular processing or adjustment of status
Employment-Based Visas
Another common pathway involves employment, especially for individuals who have specialized skills or job opportunities in the United States. Many employers in Wisconsin rely on foreign workers to fill certain roles, particularly in industries like healthcare, manufacturing, and technology. Some of the most frequently used employment-based visas are as follows:
- H-1B visas for specialty occupations
- L-1 visas for employees transferring within a company
- O-1 visas for individuals with extraordinary ability
In some cases, individuals may also pursue permanent residence through employer sponsorship, though this process can take time and often requires labor certification.
O Visas for Athletes and Individuals of Extraordinary Ability
The O-1 category deserves separate mention because our firm handles a particular concentration of these cases, including O visas for professional pool players. The standard is sustained national or international acclaim, which generally means satisfying at least three established evidentiary criteria unless you have received a major internationally recognized award.
These petitions cannot be self-filed. A U.S. employer, agent, or sponsor must file on your behalf, and the petition usually requires an advisory opinion from a relevant peer group. Approval is typically granted for the length of the event or activity, up to three years, with extensions available where the qualifying work continues.
Student and Exchange Visitor Visas
If you are planning to study in the United States, you may qualify for a student or exchange visitor visa. These visas are designed for individuals who have been accepted into approved programs and who can demonstrate that they have the financial means to support themselves while in the country. Some of the most common options include the following:
- F-1 visas for academic studies
- M-1 visas for vocational training
- J-1 visas for exchange programs
Humanitarian and Special Immigration Options
There are also situations where individuals may qualify for immigration benefits based on humanitarian concerns or unique circumstances. These cases are often more complex. Some examples are as follows:
- Asylum for individuals who fear persecution in their home country
- U visas for victims of certain crimes who assist law enforcement
- T visas for victims of human trafficking
- Special Immigrant Juvenile Status for certain minors
Adjustment of Status vs. Consular Processing
Once a visa petition is approved, the next step will depend largely on whether you are currently inside or outside of the United States. Generally speaking:
- Adjustment of status allows you to apply for a green card without leaving the country
- Consular processing requires you to complete the process through a U.S. embassy or consulate abroad
Making the right choice here is important, as leaving the United States at the wrong time can sometimes trigger bars to reentry.
How to Get U.S. Citizenship
For many individuals, becoming a U.S. citizen is the ultimate goal, as it provides long-term stability and additional rights that are not available to non-citizens. That said, there are several requirements that must be met before you can apply.
Naturalization Requirements
Most people become U.S. citizens through the naturalization process. To qualify, you will generally need to meet several criteria, including:
- Being at least 18 years old
- Holding a green card for a required period of time, typically 5 years, or 3 years if you have been living in marital union with the same U.S. citizen spouse throughout that period and your spouse has been a citizen for all three years
- Demonstrating continuous residence and physical presence in the United States
- Showing good moral character
- Passing English and civics tests
- Taking an oath of allegiance
The Naturalization Process
There are several steps involved in becoming a U.S. citizen, and each step must be handled carefully to avoid unnecessary delays. The process typically includes the following steps:
- Filing Form N-400 along with supporting documents
- Attending a biometrics appointment
- Participating in an interview with a USCIS officer
- Completing the required tests
- Attending a naturalization ceremony if approved
Common Issues That Can Affect Citizenship
While many applications are approved, there are certain issues that can complicate the process or result in a denial. These may include the following:
- Prior criminal charges or convictions
- Failure to pay taxes or child support
- Inconsistencies in previous immigration applications
- Extended time spent outside of the United States
Benefits of Becoming a U.S. Citizen
There are several important benefits associated with citizenship, which is why many individuals choose to pursue it once they are eligible. Some of the most important and significant benefits of becoming a U.S. citizen are as follows:
- The right to vote
- Access to a U.S. passport
- The ability to sponsor additional family members
- Greater protection from removal
- Eligibility for certain government positions
Deportation Defense: How Our Firm Can Protect You & Your Family
Facing deportation can be one of the most difficult situations a person or family can experience. If you or a loved one has been placed in removal proceedings, a skilled Milwaukee immigration lawyer from Sesini Law Group, S.C. is here to help.
Common Reasons for Deportation
There are several reasons why someone may be placed in removal proceedings under federal immigration law. Some of the most common are as follows:
- Entering the United States without inspection
- Overstaying a visa
- Violating the terms of a visa
- Certain criminal convictions
- Providing false information on immigration applications
Importantly, you should understand that even individuals who have lived in the United States for many years may face removal under certain circumstances.
Possible Defenses Against Deportation
Fortunately, there are forms of relief that may be available depending on your situation. Some potential defenses that a Milwaukee immigration lawyer from Sesini Law Group can use, depending on the circumstances of your case, are as follows:
- Cancellation of removal
- Adjustment of status based on a qualifying relationship
- Asylum or related protections
- Waivers for certain grounds of inadmissibility
What to Expect in Immigration Court
If you are in removal proceedings, your case will be heard in immigration court. While the process may vary, there are several stages that most cases will go through. These typically include the following:
- An initial hearing where the charges are reviewed
- Additional hearings to address procedural matters
- A final hearing where evidence is presented
- A decision issued by an immigration judge
Immigration court operates under federal law, which means that the procedures can be very specific, and missing deadlines or failing to provide necessary documentation can have serious consequences. If you or a loved one is facing deportation, a Milwaukee immigration lawyer from Sesini Law Group is here to help.
Contact an Immigration Lawyer in Milwaukee, WI Today
If you are facing an immigration issue of any kind, you can depend on a knowledgeable and skilled Milwaukee immigration lawyer at our firm to represent your best interests at every turn. Contact Sesini Law Group, S.C. for a free, confidential consultation today.