If you are new to the immigration process, there will be an overwhelming amount of information available to you. Your goal is likely to stay in this country. Visas and green cards are two (2) methods for achieving this. Because they are both different, their use and even the application process is going to be unique. Different Types of Visas The fundamental difference between a visa and a green card is that a visa expires. A green card is something someone carries to demonstrate they are legal permanent residents of the United States. Though they are not full-fledged citizens, they are entitled to stay here. And they can hold this status indefinitely while they apply for citizenship. Though visas allow you to enter the United States and stay here, they expire. At which time, you will either need to return home or pursue another means to stay. Two (2) broad categories cover visas: 1. Non-immigrant visas 2. Immigrant visas The difference between the two (2) is that a non-immigrant visa is…Read More
In order for your foreign spouse to live, work, and pursue an education in the United States, they must obtain a marriage-based green card. The most stressful part of obtaining a green card is the interview. Immigration officials will conduct an interview to establish the validity of your marriage. They will ask a series of questions as well as look at any documents or records you’ve provided. The entire purpose of the process is to verify that the marriage isn’t a sham used to circumvent immigration law and that you’re eligible for a green card through marriage. An evaluation of your marriage will begin the moment you step into a USCIS office. The immigration official will look at your demeanor as an individual and as a couple the entire time you are in the office. You and your spouse will be placed together in an interview room. An official will begin to ask you questions for you to answer as an individual and as a…Read More
When you submit a DACA application, you must include evidence demonstrating that you are eligible. The documents you need may vary based on your personal background. Some documents that you will need include: Proof Of Your Identity In order to prove your identity, you must submit one of the following: Birth certificate with photo identification. Passport or I.D. from your country of origin School I.D. with photo Military I.D. with photo Any U.S. immigration document with your photo on it Proof You Came To The United States Before Your 16th Birthday In order to be eligible for DACA, you must show that you came to the U.S. before your 16th birthday. The documents you use to establish this should be dated and have been obtained in the United States. Examples of some documents you can use include: Hospital or medical records Passport with admission stamp School records from the U.S. schools you have attended Any INS or DHS document showing your date of entry Travel records Proof…Read More
As important as the subject of asylum seekers may be, it does tend to get overlooked in the context of immigration. Those who live in foreign countries may endure threats and physical acts of violence due to their connection with a group. There are laws in this country that allow asylum for those who can prove that they live in fear of persecution within their country of origin. Those who are victimized and abused because of their sexual orientation or gender identity can seek asylum in America. Applying For Asylum Though this blog is mainly about people within the LGBTQ community, it is essential to note that other groups may apply for asylum as well: Sexual orientation & gender identity Political affiliation Race Religion Nationality Ethnicity Political opinion Strongly consider finding an attorney who will represent you. Your chances of winning your asylum case are significantly higher with an attorney. There are two ways in which someone can obtain asylum: Affirmative Process Defensive Process The affirmative asylum process is for…Read More
If you have an immigration issue and you want the help of an experienced attorney, you should arrange a consultation with Serving Immigrants. At your consultation, we will discuss your issues and explore your options. There are some steps you can take prior to the consultation to get the most out of the meeting. Gather Documents The most important thing you can do prior to your consultation is to gather all the necessary documents so you can provide copies to the attorney. These documents may include things such as your birth certificate, visas or visa applications, passports, marriage certificates, and any documents you were given when you entered the United States. If you have a criminal record, then copies of all police and court documents will be necessary. Prepare Questions You may be nervous during the consultation and forget what questions you have for the attorney. Make a list ahead of time, so you are prepared. Some questions you may want to ask include: What…Read More
In 2000, Congress created the T nonimmigrant visa to help combat human trafficking and provide some immigration relief to individuals who had been trafficked into the United States. What Is A T Visa? The T visa is a type of immigration relief allowing survivors of human trafficking and their family members to temporarily remain and work in the United States. The T visa can be a path to a green card down the road. Why Should Someone Apply For A T Visa? A T visa allows for four years of lawful immigration status and employment authorization. If the T visa holder meets eligibility, they may be able to apply for a green card. T visa holders may be eligible for federal refugee benefits, which include cash assistance, food stamps, and job training. A visa holder may be able to petition for a T visa for certain family members. Who Is Eligible For A T Visa? To establish eligibility for a T visa, an applicant must…Read More
When you are seeking a green card under the Violence Against Women Act (VAWA), there are a number of different requirements that must be met. To fulfill most of these requirements, you will need the proper documentation. Here are some of the documents you may need for your petition. Relationship To The Abuser A VAWA petitioner must show that they are, or were, married to their abuser. It must also be shown that the marriage was legal and that any previous marriages had been dissolved due to death or divorce. The documents you can use to prove this requirement include: Marriage certificates Death certificates related to any previous marriage. Divorce decrees related to the marriage to the abuser or any previous marriages. Status Of The Abuser A VAWA petitioner must also show that the abuser was a United States citizen or legal permanent resident. This can be accomplished by presenting: Abuser’s birth certificate Abuser’s United States passport Abuser’s Certificate of Naturalization Abuser’s green card Any…Read More
In March of 2021, the House of Representatives voted to create a path to citizenship for millions of undocumented immigrants. American Dream And Promise Act The American Dream and Promise Act was drafted as part of President Joe Biden’s immigration proposals. The Act would grant legal status, and eventually citizenship, to immigrants who were illegally brought to the United States as children. These individuals are known as Dreamers. The bill would also provide Temporary Protected Status (TPS) to those individuals who cannot return to their countries due to conflict or disaster. Passage of the bill sparked hope. However, the proposed bill faces steep odds as it goes to the Senate. If the bill passes, it will allow DACA recipients eligibility to apply for a ten-year permanent residency. The news is very exciting to the millions of DACA recipients who are just seeking a path forward in the country that has been their home since they were children. The proposed bill is also exciting from an economic standpoint.…Read More
If you are a citizen of a foreign country, you will need a visa to enter the United States. There are two broad categories that visas fall under: Nonimmigrant visa Immigrant visa If you want to temporarily work in the United States, you will need a nonimmigrant visa. You are here to work rather than to move to this country. There are different employment groups and types of visas. Exchange Visa – This is a “J” visa. You will see these associated with schools. University professors may teach at a school for a semester. And they will be traveling to a foreign country to do so. Because they will be working and getting paid, they would be applying for this visa. Temporary Employment – This is your visa for temporary employment B Visas – Temporary Business Visa H-1B – Speciality Occupations (i.d., a Bachelor’s Degree) H-2A – Seasonal Agricultural Workers H-2B – Seasonal/Non-Agricultural H-3 – Training and Education L Visa – Internal Company Transfers O Visa – People With Extraordinary Ability (this pertains to people…Read More
To apply for a marriage-based visa, you are not required to have an attorney. However, an attorney can be helpful, and there are a few important reasons why you should consider hiring one. Exploring Your Options An experienced immigration attorney can help you explore your visa options and determine which path is right for you. Maybe a marriage-based visa isn’t the best course of action. Maybe, if you aren’t married yet, you should try for a fiancé visa. You can discuss your needs with the attorney, and they can help you make the right decision. Handling The Paperwork As with any visa application, there is a great deal of paperwork involved in a marriage-based visa application. The forms can be confusing, and having an attorney to make sure they are accurately and clearly completed can take some of the pressure off of you. Let the attorney handle the paperwork, and you can sit back and make preparations for your future. Presenting The Necessary Evidence When…Read More