What to Know About 212(h) Waivers in the United States

A 212(h) waiver may be able to help you get a green card if you are currently in a situation where you have lost the opportunity to obtain legal residency in the United States as a result of a recent criminal conviction. It is important to understand that you are not alone and you do not have to go through this process alone. It is in your best interest to reach out to our skilled green card lawyer in Milwaukee, WI today to learn more about your options. Our firm is dedicated to ensuring that you are equipped with the understanding required to get through this process.

What are 212(h) waivers in Wisconsin?

With the assistance of a 212(h) waiver, those who have been convicted of a crime can keep their green card. The waiver can be completed through Form I-601. The applicant must also be able to prove that if they were directed to vacate the United States, they would encounter severe hardship to a parent, child, or spouse. It is important to understand that the applicant must also show that the parent, child, or spouse is a citizen of the United States or a lawful permanent resident. Elements that can be assessed include the length of their residence in the country, family ties, the hardship to them if they are not allowed to stay, the hardship to their family if they cannot stay, and their employment history. Also, they will want to explore the country that the individual would be coming back to and their chance for rehabilitation.

Can I apply for a green card with this waiver?

As long as they have never been in removal proceedings and they have a criminal conviction, an individual can apply for a green card with a 212(h) waiver. Because of this, if the 212(h) waiver is denied by immigration, they could be put into removal proceedings.

Who can qualify for a 212(h) waiver?

You may qualify for a 212(h) waiver if you have a criminal record, have never been in a removal proceeding, and are qualified for a green card outside of having a criminal record. People who were convicted of the following crimes can be able to receive a 212(h) waiver:

  • Engaging in prostitution or procuring prostitutes
  • Involvement in serious criminal activity where immunity from prosecution was asserted
  • Convictions for two or more offenses for which the aggregate sentence was 5 years or more
  • Crimes involving moral turpitude
  • A single offense of simple possession of 30 grams or less of marijuana

To learn more about 212(h) waivers, reach out to our firm today and speak with an experienced green card lawyer in Milwaukee, WI.

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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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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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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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 Do I Renew My Green Card in Wisconsin? | What to Know

A Green Card provides the security and opportunities that immigrants need to focus on the most important things in life. Unfortunately, Green Cards must be renewed every 10 years, and oftentimes, the process can be complex. If you are going through the renewal process, you will need a skilled Wisconsin immigration attorney on your side. Contact our firm today to discuss your options.

How can I renew my Green Card in Wisconsin?

If you would like to renew your Green Card, you must fill out a Form I-90, Application to Replace Permanent Resident Card. This document can be filed online or on paper. It is important to note that if you submit the form on paper, you will need to send it in through the mail. Additionally, if you have possession of a previous version of the alien registration card, you must replace it with a current Green Card as soon as you can.

If you have questions or concerns regarding your renewal, do not hesitate to contact our firm today. We are dedicated to ensuring that you are on the right track in this process.

Can I renew my Green Card outside of the United States?

If you are outside of the United States and your Green Card is set to expire within 6 months, but you will return within one year from your departure from the United States, you must file your renewal card upon your return. If you have not applied for the renewal card before leaving the United States, you will need to visit a U.S. consulate, USCIS office, or a U.S. port of entry as soon as possible. After you have done that, you will then be able to file your Form I-90 for a Green Card renewal.

What if my Green Card application is denied?

If your Green Card application for renewal is denied, you will not be able to appeal this decision. However, you can potentially file a motion to reopen or a motion to reconsider with the office that determined you were ineligible for renewal. A skilled immigration attorney will be able to help you obtain, collect, and present all evidence required to prove that the decision to deny your application was based on an inaccurate application of the law.

If you need to renew your Green Card, the Sesini Law Group, S.C. is here to help. Contact our firm today to speak with one of our legal experts about your options.

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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