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Plano Family Visa LawyerThere is a way for your girlfriend or boyfriend to come to the United States under what is called the Visa Waiver Program, but they can only stay here for up to three months without a visa. However, if your relationship is more serious and you have plans to get married, you may bring your loved one to the United States with a fiancé visa. The paperwork and immigration laws can be confusing, so having a skilled Texas attorney will help.

Who Can Qualify for the Visa Waiver Program?

The Visa Waiver Program is basically a program that allows people who want to come to the U.S. on business or for tourism without having to get a visitor visa. It is the easiest way for your boyfriend or girlfriend to come visit. However, only citizens from 38 countries are allowed to travel to the U.S. under this program. 

What Can I Do If I Want to Marry My Foreign Boyfriend or Girlfriend?

If you are a U.S. citizen who wants to marry a foreigner, getting a visa before marriage usually makes the immigration process faster. For the government to issue a visa, there must be an advantage for Uncle Sam. For example, enrolling in school and paying international tuition would weigh in your favor as it shows you are supporting the country’s educational system.

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Plano Family-Based Visas LawyerYou may have seen the images of thousands of migrants marching through Mexico to reach the U.S. border. Some of them may be your relatives, and you may be wondering if you can help sponsor them. In the United States, there are rules about who can bring family members from other countries to live with them, which is the focus of family-based immigration. If you are a U.S. citizen or if you are a permanent resident, you can help some of your family members come to the U.S. through special family visas. You can apply for these visas as long as you meet all the legal requirements. You need a Texas immigration attorney to help you if you hope to reunite with your loved ones.

What Paperwork Is Needed to Sponsor a Relative?

It is common for migrants outside of the United States to have relatives already in the country who want to help them. When this is the case, they may pursue a family-based immigration case. The family member can begin by submitting a "Petition for Alien Relative" to the U.S. Citizenship and Immigration Services. If the petition is accepted, the family can then apply for the proper visas. When an immigrant visa gets the green light, the migrating party may apply for a permanent residency card.

There is a lot of paperwork required to demonstrate family ties and updated vaccinations. Other documentation includes a form referred to as an "Affidavit of Sponsorship," which shows that the person sponsoring their family members can financially support them once they arrive in the U.S.

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Dallas, TX immigration lawyerInadmissibility is a critical concept in immigration law that determines whether an individual can enter, stay, or gain lawful status in a country. Being deemed inadmissible, which is another word for prohibited, can have significant implications on a person’s immigration journey. Today, we will explore what it means for someone to be admissible. If you have been deemed inadmissible in the United States, contact an experienced immigration attorney for help now.

Understanding Inadmissibility 

Inadmissibility refers to the legal grounds that make a person ineligible for entry, lawful status, or specific benefits in a country. Immigration laws and regulations set these grounds and vary from one area to another. Common reasons for being deemed inadmissible may include: 

  • Criminal convictions

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Dallas, TX immigration lawyerThe decision to immigrate to the United States is often driven by a desire to build a better life for oneself and one's children. However, the question of whether immigrating to the United States is easy or hard becomes more complex when children are involved. Today, we will explore some factors that can impact the immigration process when children are part of the equation. If you and your family are looking to move to the United States, contact an immigration attorney today to ensure your and your family's rights can be protected throughout the immigration process.

Family-Based Immigration

One of the primary pathways for immigration to the United States is through family-based immigration. In this context, having children can influence the immigration process in several ways:

  • Additional visa categories – Children of U.S. citizens who are under the age of 21 may be eligible for immediate relative visas, such as the IR-2 (child of U.S. citizen) visa. This can streamline the immigration process and expedite their entry into the United States.

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Plano, TX immigration lawyerGetting a Green Card, which gives someone permanent residency in the United States, is a big step toward living a successful life. However, the application process can be complicated and difficult, and it is easy to make mistakes. Today, we will discuss some of the common mistakes in the Green Card application process and offer some advice on how an immigration lawyer can help you with this important time.

Failure to Understand Eligibility Requirements 

Each immigration option, such as family-based sponsorship and employer sponsorship, has different requirements. One of the most common mistakes is not fully understanding what makes you eligible for a Green Card. Before you start applying for a Green Card, make sure you are actually eligible to receive one. 

Incorrect Filing Forms and Supporting Documents 

Turning in incorrect or incomplete forms can delay or even lead to rejection of an application. It is very important to carefully fill out the right forms and always provide accurate information. Supporting documents, such as birth certificates, marriage certificates, and police background checks, must be provided in the correct format and translated if necessary. 

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Dallas, TX immigration lawyerImmigration law can be complex, and understanding the nuances surrounding green cards – officially known as permanent resident cards – is crucial for any individual aspiring to build a life in the United States. Today, we will explore the most important aspects of green cards, including eligibility requirements, the application process, maintaining permanent residency, and potential benefits and limitations. For legal guidance through this process, make sure to contact an immigration lawyer to ensure you understand the process moving forward.

Eligibility Requirements

To obtain a green card, individuals must meet specific eligibility criteria outlined by the U.S. Citizenship and Immigration Services (USCIS). These requirements typically involve having an immediate family member or an employer in the United States who sponsors the application. Additionally, a certain level of education, skills, or financial status may be necessary, depending on the visa category. 

Application Process

The first step towards acquiring a green card usually involves filing a petition or application with the appropriate USCIS office. The necessary forms can vary depending on the individuals’ circumstances, such as employment-based or family-based immigration. After filing the application, applicants will need to attend an interview, undergo background checks, and provide supporting documentation. The process can be lengthy, which makes it even more advisable to seek legal guidance to ensure thorough preparation and accurate documentation. 

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shutterstock_49320484-min.jpgMoving with your children within your own home country can be stressful enough. Many children respond negatively to moves, at least until they are able to get acclimated to their new living environment. If you are considering immigrating to the United States with your minor children, there are a few important ways you can help them make the transition while making the move easier for yourself as well. Immigration to the U.S. is often a very complicated affair. There is quite a bit of paperwork to be done and there are quite a few records you are likely to need, such as your children’s birth certificates and passports. It is better to begin talking to your children about your plan to immigrate early on so that they can begin getting used to the idea. An attorney can help work to make your legal journey towards immigration as smooth as possible. 

Helpful Tips for Moving to a New Country With Minor Children

Children are generally quite adaptable. While they may initially be upset about leaving their home country, they will likely adapt to their new living environment rather quickly. Parents planning to immigrate to the U.S. with their minor children should consider tips including: 

  • Tell them early - As soon as you make the decision to begin the immigration process, it is best to tell your children so that they have plenty of time to adjust. 

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Plano Family Immigration LawyerImmigrating to the United States can be a dream come true for many people. For many U.S. residents, sponsoring their family members for immigration is a top priority. By bringing their loved ones to the U.S., they can ensure that their family will remain close and help family members pursue opportunities for education, employment, and other benefits. However, there can be confusion over which family members can be sponsored and what requirements will need to be met when doing so. By understanding the different types of family-based visas that are available, families can determine their best options for addressing immigration issues.

Visas for Spouses

U.S. citizens and permanent residents can sponsor their spouses for visas. However, the types of visas available and the wait times that may apply can vary depending on several different factors. A U.S. citizen can sponsor their spouse for an Immediate Relative (IR) visa, which will usually be immediately available as long as all other requirements have been met. If a person is a lawful permanent resident with a valid Green Card, they can sponsor their spouse for a Family Preference (F) visa. A limited number of F visas are available each year, and they are issued based on an order of preference. Visas for spouses of Green Card holders fall into the second preference (F2A) category of Family Preference visas.

Visas for Children

IR visas are available for children of U.S. citizens, as long as the children are not married and are under the age of 21. If children do not meet these requirements, they may be able to receive F visas. The first preference category (F1) of Family Preference visas includes unmarried adult children of U.S. citizens. The second preference category includes children of lawful permanent residents, with F2A visas applying to unmarried minor children and F2B visas applying to unmarried adult children. The third preference category (F3) includes married children of U.S. citizens.

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Dallas Immigration LawyerImmigrating to the United States can be a complicated process, and there are many different types of visas that may be available, as well as multiple legal statuses that may affect a person's ability to remain in the country and avoid deportation. For some immigrants, Temporary Protected Status (TPS) may be an option to protect against deportation and ensure that they are not forced to return to countries where their safety could be at risk. TPS is intended to protect individuals who are unable to return to their home countries due to natural disasters, wars, or other extreme circumstances. Understanding when a person can qualify for TPS and the process of applying for this form of protection can be crucial for immigrants who are seeking to remain in the U.S.

Understanding Temporary Protected Status

The Temporary Protected Status program was created in 1990, and it grants temporary protections to individuals from certain countries. The Secretary of Homeland Security may designate a country for TPS based on extraordinary issues that temporarily affect the safety and well-being of the country's residents. These may include environmental disasters such as earthquakes, volcanoes, floods, or hurricanes, as well as civil wars, other armed conflicts, epidemics of infectious diseases, or any other dangerous conditions.

Immigrants from designated countries can apply for TPS, and once they are granted this status, they cannot be deported from the United States. They will also be able to receive authorization to work for employers in the U.S., and they may be granted authorization to travel internationally and return to the United States. TPS designations usually remain in effect for a limited time, although they may be extended. Immigrants who have been granted Temporary Protected Status will be required to re-register after the designation for their country has been extended.

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Plano Naturalization LawyerCitizens of the United States enjoy many benefits. They will be able to live in the U.S. on a permanent basis, and they cannot be forced to leave the country. They can live anywhere they want within the United States, work for U.S. employers, and travel internationally with a U.S. passport. Because of these benefits, the attainment of U.S. citizenship is a goal for many immigrants. Children of U.S. citizens will usually also be eligible for citizenship. While citizenship will automatically be granted if a child is born in the United States, parents may need to take steps to make sure children born in other countries are recognized as citizens.

Citizenship Requirements for Children Born Outside of the U.S.

If at least one of their parents is a U.S. citizen who has established residence in the United States, the child may also be granted citizenship. A child's citizenship will be automatically recognized if the child is younger than 18 years old, the child has a valid Green Card, and the child is living in the U.S. in the custody of a parent who is a U.S. citizen.

A child may be considered to be in the legal and physical custody of a parent if their parents are married, if they live with one parent when the other parent is deceased, if they were born to unmarried parents and have been legally recognized as the child of the parent with whom they reside, or if custody has been awarded to a parent after a divorce or legal separation. If parents share joint custody of a child, this will meet the requirement for legal custody for purposes of U.S. citizenship. To meet the requirement for physical custody, a U.S. citizen parent must be primarily responsible for the child's care.

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Dallas Family-Based Visas LawyerImmigrants who wish to resettle in the United States and U.S. citizens or lawful permanent residents who wish to sponsor family members for immigration may struggle to understand their options and the laws that apply to them. In family-based immigration cases, different types of visas may be available depending on the status of the sponsor and their relationship with those who will be immigrating to the U.S. In addition to determining the appropriate types of visas, family members will need to understand the quotas that determine the number of visas that may be issued each year.

Numerical Limits on Family-Based Visas

The United States sets strict annual limits for the number of family-based visas that will be available. Because of these limits, certain immigrants may experience lengthy wait times before they can receive approval for a visa. In some cases, they may need to wait for years or even decades.

Family-based immigrant visas are divided into two categories: immediate relative visas and family preference visas. The laws in the United States have set a limit of 480,000 family-based visas that may be issued each year. In addition, there is a per-country limit that applies to all visas issued, and the number of visas issued for people from one country cannot be more than 7 percent of the total number of people who immigrate to the U.S. in a given year.

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Plano Provisional Waiver LawyerImmigrating to the United States can be a daunting process. One of the biggest hurdles that many immigrants face is being able to stay in the country legally. Those who entered the United States without authorization or stayed in the country after the expiration of a visa may be concerned that they will be deemed "inadmissible" when applying for a visa or Green Card. However, certain types of waivers of inadmissibility may help address these issues. One of these is known as the provisional unlawful presence waiver. These provisional waivers are available in certain situations, and they may facilitate the process of receiving a visa that will give them authorization to enter the United States and remain in the country permanently.

What Are Provisional Unlawful Presence Waivers?

Provisional waivers exist to help certain immigrants achieve lawful status in the United States. These waivers are available to people who are already in the U.S. but believe that they are inadmissible due to a period of "unlawful presence," such as those who came to the country on a tourist visa or student visa but did not depart after the visa expired and remained in the country for at least 180 days. If an immigrant can prove that their absence from the country will cause extreme hardship for a spouse or parent who is a U.S. citizen or permanent resident, they may apply for a provisional waiver. If the waiver is approved, they will be required to leave the United States and attend an interview for an immigrant visa at a U.S. embassy or consulate.

Eligibility for Provisional Waivers

An immigrant must be at least 17 years old to apply for a provisional waiver, and they must be in the United States at the time they file their application. They must already be in the process of applying for an immigrant visa, such as by receiving approval on an I-130 form filed on their behalf by an immediate family member. Provisional waivers will only be available for immigrants who are subject to a three-year bar due to an unlawful presence in the United States for between 180 days and one year or a 10-year bar due to an unlawful presence in the U.S. for more than one year.

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Dallas Spouse Visa Lawyer

If you are a citizen of the United States, and you are married to a foreign spouse, you are likely looking at your options for applying for a family visa and ensuring that they can receive a Green Card and live with you in the U.S. on a permanent basis. This can be an intimidating process, but with careful planning, you can successfully apply for and receive a visa for your spouse. Here are some things to consider when applying for a visa when your spouse is either inside or outside of the U.S.:

Eligibility for Sponsoring a Spouse for Immigration

To sponsor your spouse for an immigrant visa, you must be at least 18 years old. While there is technically no age requirement for filing a visa application, you will need to file an Affidavit of Support along with the application, and this affidavit has an age requirement of 18. You must also have a permanent residence in the United States, and you must plan to continue living in the country for the foreseeable future.

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Plano Waivers of Inadmissibility Lawyer

Immigrants, including those who wish to come to the United States and those who are currently in the country and wish to obtain authorization for permanent residence, will need to be aware of the issues that could affect their ability to receive a visa or Green Card. There are certain factors that may lead to inadmissibility, which may prevent a person from receiving authorization to enter the U.S. or limit their ability to remain in the country. Criminal convictions are a common issue that can affect admissibility, and immigrants who have been convicted in the past will need to understand their options as they address issues related to immigration.

How Does the U.S. Government Determine Eligibility for a Visa or Green Card?

Immigration officials will follow multiple laws, regulations, and procedures when determining whether a person is admissible to the United States. When an immigrant applies for a visa or Green Card, their application is sent to U.S. Citizenship and Immigration Services (USCIS), where it is reviewed by an immigration officer. The officer will look at many different factors to determine whether the applicant is eligible for a visa or Green Card, including their criminal history.

What Types of Crimes Make Someone Inadmissible?

There are many different offenses that can make someone inadmissible to the United States, but some of the most common include:

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Dallas Family Immigration Lawyer

U.S. citizens and Green Card holders have the right to sponsor certain family members for immigration to the United States. This will allow a family to live together in a safe community and pursue the opportunities available to residents of the U.S., including earning income through employment and seeking an education. Family-based immigration involves a complex set of requirements that must be met in order for an immigrant to qualify for a visa and Green Card. By understanding the documents that must be filed and the information that will need to be submitted, a sponsoring family member can take the correct steps to bring their family members to live with them.

Eligibility Requirements

In order to be eligible to sponsor a family member for immigration, you must be either a U.S. citizen or a lawful permanent resident with a valid Green Card. You can only sponsor certain family members for immigration, and the types of visas that you can apply for will depend on your status and the specific relationships. If you are a U.S. citizen, you can sponsor your spouse, your children (as long as they are younger than 21 years old and are not married), and your parents for Immediate Relative visas, which are typically available with no quotas and no wait times. U.S. citizens can also sponsor unmarried adult children, married children, and siblings for Family Preference visas, although these visas have quotas and wait times, and they are issued according to an order of preference. If you are a Green Card holder, you can sponsor your spouse and unmarried minor children for Family Preference visas.

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Plano Citizenship Lawyer

People from other countries who wish to permanently resettle in the United States may encounter difficulties as they navigate the immigration process, and understanding the rules and regulations that govern eligibility for citizenship is not always easy. The path to becoming a naturalized citizen is long and complex, but understanding the basic eligibility requirements can help make the process easier and more straightforward.

A Guide to Eligibility for U.S. Citizenship

People who are born within the United States will automatically be considered to be citizens. Children born to U.S. citizens abroad will also usually be able to receive citizenship as long as their parents or grandparents meet certain residency requirements. Others who wish to become citizens will usually need to complete the naturalization process. Naturalization will be available to people who are at least 18 years old and who meet other requirements, including:

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Plano Green Card LawyerUnderstanding the differences between adjustment of status and consular processing is an important part of navigating the immigration process. Both options involve filing an application for a green card, but there are a few key differences that could make one option more suitable than the other depending on a person's specific circumstances. Immigrants and their family members can determine the proper steps to take by working with an attorney who is experienced in immigration law.

What Is Adjustment of Status?

Adjustment of status (AOS) is the process by which an immigrant may apply for a green card while already in the United States. It allows immigrants who have entered the country legally or, in some cases, those who have overstayed their visa to submit an application for lawful permanent resident (LPR) status without leaving the country.

To be eligible for AOS, an immigrant must either have entered the U.S. lawfully or be eligible for a waiver of inadmissibility. In family-based immigration cases, a person must have a qualifying relative who is already a U.S. citizen or lawful permanent resident who is willing to sponsor them in their green card application process. In employment-based immigration cases, a person will need to receive sponsorship from a U.S. employer. If all requirements have been met, a person can file an I-485 form with USCIS (United States Citizenship and Immigration Services) and begin the adjustment of status process while remaining in the United States.

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Plano Immigration LawyerA fiancé visa allows a foreign national to travel to the United States in order to marry a U.S. citizen. However, when it comes to receiving a fiancé visa, there are certain issues that must be taken into consideration—including whether the foreign fiancé has children. By understanding the applicable immigration laws, a couple can make sure they take the correct steps to ensure that all family members will be able to live in the United States.

Applying for a K-1 Visa

K-1 fiancé visas are immigration visas that allow foreign fiancés of U.S. citizens to enter the United States for the purpose of getting married. In order to be eligible for a K-1 visa, the U.S. citizen and foreign national must meet certain requirements, including:

  • The couple must have met in person within two years before filing the immigration paperwork. However, this requirement may be waived in certain circumstances, such as when traveling to another country would involve extreme hardship for one or both parties or when meeting prior to getting married would violate a person's religious or cultural practices.

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Plano Green Card LawyerWhen an immigrant receives a Green Card, they are given lawful permanent resident status, allowing them to continue living in the U.S. indefinitely, work for U.S. employers, and travel both inside and outside the United States. However, some immigrants will initially qualify for conditional Green Cards that will be valid for two years. At the end of the two-year period, a person will need to take steps to remove the conditions on their Green Card, and if they fail to complete this process, their status as a lawful permanent resident will expire.

Repercussions of an Expired Card

If a conditional Green Card expires, a person will no longer have authorization to live and work in the United States. They may also lose certain rights and benefits, such as Social Security and Medicare benefits, travel privileges, and eligibility for government-funded programs. If a person loses their status as a lawful permanent resident, they may become eligible for deportation. It is important to take the correct steps to remove the conditions on permanent residence before the expiration date. In situations where a Green Card has expired, a person can consult with an attorney to determine their options. In some cases, it may be possible to renew a Green Card or remove the conditions on permanent residence after the expiration date has passed. 

Removing Conditions on Your Green Card

Within 90 days before a conditional Green Card expires, a person should file Form I-751 with U.S Citizenship and Immigration Services (USCIS). In cases where a person received a Green Card after getting married to a U.S. citizen spouse, both spouses will be required to file Form I-751 together, and they will need to demonstrate that they entered into the marriage in good faith and that the marriage was legally valid. If a person's spouse died prior to the expiration of their conditional Green Card, they may file Form I-751 on their own. 

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Dallas Immigration LawyerApplying for citizenship in the United States is a complex process that should not be taken lightly. In order to become a lawful citizen of the country, an individual must meet certain criteria that are defined in U.S. immigration laws, including residency requirements, knowledge of United States history and government, and the ability to speak, read, and write English. A person must also be able to show that they have good moral character, which may be affected by their previous criminal history. It is important to understand how criminal convictions that took place in the past may affect a citizenship application. 

Criminal Convictions That May Affect Good Moral Character

Certain types of offenses are severe enough that they are considered to be "permanent bars" to establishing good moral character. These include murder and other "aggravated felonies," such as sexual assault, drug trafficking, possession of child pornography, money laundering, and theft-related offenses or violent crimes that resulted in a prison sentence of at least one year. A person who was involved in genocide, torture, or similar activities will also be permanently barred from U.S. citizenship.

Other offenses are known as "conditional bars" to establishing good moral character, and they may be considered if a conviction occurred within an applicable statutory period. For most people, the statutory period is the five years prior to the date they filed an application for naturalization. For some spouses of U.S. citizens, the statutory period is three years. A person will be required to show that they have had good moral character during this statutory period and until the date of naturalization. Offenses that may be considered conditional bars if a conviction occurred during the statutory period include:

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