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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