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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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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