Posted on March 01, 2021 in fiancé visas

If you are a citizen of the United States and you are engaged to someone in a different country, you may wonder what options are available to your fiancé to come to the U.S. to begin your life together.

In these instances, it may be best for your beloved to apply for a fiancé visa. There are certain requirements that must exist, however, to qualify for this type of visa.

The fiancé visa

According to FindLaw experts,a fiancé visa, also known as the K-1 visa, allows your fiancé to legally immigrate to the U.S. While the visa itself does not grant him or her citizenship, your fiancé may apply to become a citizen following your marriage.

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 Posted on March 01, 2021 in family-based immigration

Because you married a U.S. citizen, you are likely eligible to become a legal permanent resident of the U.S. Before immigration officials approve your application to adjust status, though, they are likely to want to interview both you and your husband or wife. This interview is a routine part of the marriage-based green card process.

To ensure your interview goes smoothly, you should spend some time preparing for it. While you do not want to sound unnatural or rehearsed at your interview, you must be ready to answer the officer’s questions. Here are a couple tips for preparing for your marriage-based green card interview.

Review your immigration paperwork

At the beginning of your green card interview, you can expect the officer to go through your immigration paperwork with you. Therefore, you should review the immigrant visa petition and application to adjust status thoroughly. When looking over your paperwork, make notes of anything that is inaccurate or has changed. You may need to bring these items to the officer’s attention.

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 Posted on February 01, 2021 in fiancé visas

Helping bring your fiance to the United States may have its challenges, but can set the foundation for a promising life together. Adequate preparation can expedite your effort to transition your significant other to a new home.

Your fiance can have privileges including the ability to work, with the appropriate authorization.

Authorization to work

Once your fiance arrives in the United States, he or she can immediately apply for work authorization via form I-765. According to the U.S. Citizenship and Immigration Services, once approved, this privilege will last for 90 days. This time period extends to a year if your fiance submits an application for a Green Card at the same time as a request for work authorization. Your fiance will need to renew an authorization to work each year.

When your fiance receives approval to work in the United States, he or she can legally seek employment anywhere. Community resources may provide your fiance with leads about available employment opportunities.

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 Posted on February 01, 2021 in family-based immigration

When it comes to immigration, many people choose one of two popular paths. They either go with employment-based immigration options, or family-based immigration options. If you choose to go through family-based options, you need to understand immigration eligibility and preferences.

The preference system is particularly important to understand. How does it work? What are the categories? And how will it affect your ability to bring over your loved ones?

Immediate relatives

The U.S. Citizenship and Immigration Services discusses preference categories for green cards. First of all, what is this system? When you want to immigrate a relative, they must get an immigrant visa number. This number comes from the preference category that they fall under.

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 Posted on January 01, 2021 in green cards

If you are a green card holder, you have permanent residence in the United States. Not only does your card enable you to work in the country, it is proof that you have completed the process and can live in the U.S. without worry.

It is important to understand the renewal process, as well as the requirements for obtaining and maintaining your green card.

When is it time to renew your card?

Depending on the type of green card you have, you must renew your permanent resident card periodically. While most cards are valid for 10 years, those with conditional permanent resident status must be renewed every two years.

You should initiate the renewal process if your card will expire in six month or is already expired. If you have a conditional green card, you should look into removing the conditions of the card 90 days before it expires.

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 Posted on January 01, 2021 in naturalization & citizenship

The process of becoming a U.S. citizen encompasses several steps including naturalization. This portion includes a test to assess your understanding of the language, history and civic responsibility of being a citizen of the United States of America.

Before you receive approval to take the naturalization test, you must first pass a list of requirements. Knowing these requirements can help you to complete each task with confidence.

Preparing for success

The more prepared you are for taking the naturalization test the higher your chances of receiving approval. According to the U.S. Citizenship and Immigration Services, some of the requirements you must complete include the following:

• Demonstrate an understanding of the English language including reading, writing and speaking
• Have possessed a legitimate green card for at least 5 years

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 Posted on December 01, 2020 in green cards

Preserving family bonds is one of the guiding principles of U.S. immigration policy. For this reason, legal immigrants may be able to petition for visas or Green Cards that allow family members to reside in the states legally.

Immigrants who already have citizen status may sponsor an immediate relative, such as a spouse/fiancé, child or parent. However, extended relatives may also be able to come to the U.S. under the family preference system.

Immediate relatives

Parents, spouses and children (under age 21) of U.S. citizens have the highest preference for gaining legal permanent residency. However, to petition for a parent, the citizen applying must be at least age 21.

Fiancé visas (K-1)

U.S. citizens marrying a foreign fiancé may apply for a K-1 visa. However, the visa may only be valid if the marriage takes place within 90 days of the fiancé’s admission to the U.S.

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 Posted on December 01, 2020 in naturalization & citizenship

If you have the goal of becoming a U.S. citizen, then you likely know the many complexities inherent with the naturalization process. The last thing you want to have to worry about is how your actions in Texas may impact the potential of reaching your goal. A criminal conviction in particular may call that all into question.

Many facing such a dilemma come to us here at the Law Office of Jae Lee wondering whether having a criminal conviction on their records bars them from securing citizenship. If you share the same question, then understanding exactly which actions disqualify you from gaining citizenship may help you avoid any unnecessary stress and grief.

What actions bar one from becoming a citizen?

Per the U.S. Citizenship and Immigration Services, there are certain types of crime that may permanently bar you from becoming a citizen. These include murder, offenses that amount to aggravated felonies, or incidents of severe violations of religious freedoms (such as persecuting and/or torturing one due to their beliefs, or participating in acts of genocide).

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 Posted on November 01, 2020 in green cards

In the majority of cases, green cards are valid for 10 years before you must renew the document. However, there are some specific instances where you or a loved one may have what the U.S. government calls “conditional permanent residency.”

Conditional permanent residents have the same rights as a regular permanent resident. According to U.S. Citizenship and Immigration Services, persons who hold conditional permanent residencemust petition to removethe conditions.

Why does conditional permanent residency exist?

The majority of conditional permanent residents in the United States are spouses of U.S. citizens. If you have the rights to live in the U.S. through marriage, your first green card will be temporary. You will be eligible for permanent residency after the first two years.

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 Posted on November 01, 2020 in naturalization & citizenship

Seeking asylum in the United States is a stressful affair. After all, you have a lot riding on the decision. Seeing a denial on your asylum application can feel like the end of the world because of this.

Fortunately, that is not the case. Even if your asylum application gets denied, you still have avenues to pursue an appeal.

Appealing in stages

The U.S. Citizenship and Immigration Services discusses what you can do if your application got an unfavorable decision. You must approach your appeal in stages depending on the responses you get. For example, at the start, you will get a grant or denial from the asylum office. If eligible for an appeal after a denial, you will get a reference to an immigration court. Here, the Immigration Judge hears your case.

If the court denies your appeal, you can escalate to the Board of Immigration Appeals (BIA). You must do so within 30 days of an immigration court judge making their decision. Appeals to the BIA often happen entirely through paper. In-person appearances rarely happen. Note that it can take the BIA a year or even longer to render a decision on your case.

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