Posted on June 01, 2019 in family-based immigration

If the U.S. immigration services determine you are not eligible to come into the country, you may not be able to move here and make Texas your home. However, you may also qualify for an exemption to your inadmissibility. Do keep in mind such exceptions are not given freely. You will have to meet strict requirements. The specific waiver you may be able to get is based on the extreme hardship policy.

The U.S. Citizenship and Immigration Services admits that there is no one firm definition of what qualifies as an extreme hardship. This complicates things. However, the idea behind this waiver is to prevent cases of unusual hardship for U.S. citizens who have a family member who is not allowed entry to the U.S.

The key here is that the hardship has to be something beyond normal. So, for example, saying the hardship would be monetary only would probably not qualify as extreme because that is a very normal occurrence. You would need something that is unusual and not common. It is very normal for every single family who has a member denied entry to experience some hardship because of the denial. Extreme hardship goes further than that.

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 Posted on June 01, 2019 in green cards

Being legally in the United States and in Texas gives you many perks. You are able to find employment, attend school and take advantage of other benefits. If you have a green card, it is not a lifelong pass to stay in this country. Depending on the type of card, you may have to renew it or you may need to take additional steps to ensure it remains valid.

U.S. Citizenship and Immigration Services explains that you may have a 10-year or 2-year green card. If you have a 2-year green card, you cannot renew it. You will, instead, need to petition to remove the conditions on your card. You may do this if you have a family-based reason by using Form I-751. You may also do this if you are an entrepreneur or an investor using Form I-829.

If you have a 10-year green card, then you can renew it. You will do so using Form I-90. You may file this form either online or through the mail. It is important to plan ahead. When you know your renewal time is coming up, you should start the process within six months to allow enough time to prevent a lapse.

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 Posted on June 01, 2019 in naturalization & citizenship

Many undocumented immigrants in the United States have immediate relatives who are U.S. citizens. Through their unlawful presence in the country, these individuals may have jeopardized their ability to lawfully change their status, even though they may otherwise be eligible because of their family relationship to a citizen.

It may still be possible for immigrants to adjust their status, but they must leave the country to legally obtain an immigrant visa. Before they do so, they may file Form I-601A for a provisional waiver.

Eligibility

The U.S. Citizenship and Immigration Services explains that foreign nationals who are statutorily eligible to acquire an immigrant visa may apply to waive their inadmissibility due to their unlawful presence. The waiver is provisional, and it does not change the process of obtaining an immigrant visa. It does not take effect until the foreign national leaves the U.S., appears for the immigrant visa interview, and the Department of State consular officer deems him or her admissible to the U.S. and eligible for the immigrant visa.

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 Posted on June 01, 2019 in fiancé visas

If you are a U.S. citizen who is planning to marry a person who does not have citizenship, you can seek a fiancé(e) visa. Also known as a K-1 visa, this type of spousal citizenship is available for both same-sex and opposite-sex couples.

If approved, your fiancé(e) can legally enter the United States and apply for a Green Card to become a permanent resident. However, you must get married within 90 days of his or her arrival.

Who is eligible for a K-1 visa?

To qualify for this program, the following must be true of both individuals:

• Legally able to marry in the United States
• Divorced or have an annulment in the case of a previous marriage
• Have met one another at least once during the two years immediately before filing the petition, unless this would have caused undue hardship or violated religious or cultural customs

How do we apply?

Start by completing and submitting Form I-129F, Petition for Alien Fiancé(e). The applicants must also include the following:

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 Posted on May 01, 2019 in naturalization & citizenship

For immigrants in Texas to obtain full citizenship, they must go through the process of naturalization. Merriam-Webster’s dictionary defines naturalization as the process required to become a citizen of a country that is different than the one the person as born in. There are several different steps to become naturalized, and they are all specified by the United States Citizenship and Immigration Services.

The first step is to complete an application for naturalization. This involves obtaining two passport-style photos, collecting all the evidence and documents necessary for the application and a complete review of the interview to correct any mistakes made.

Second, there is a biometrics appointment where the person gives a signature, photo and fingerprints. It is important to show up at the right time with a permanent resident card or Form I-551, the appointment notice and some sort of secondary identification form. This can include a state identification card, passport or driver’s license. Fingerprints are sent to the FBI for a background check.

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 Posted on April 01, 2019 in Firm News

If you want to immigrate to the United States to reunite with your family members, there are many steps to take. You will have to fill out forms, complete interviews and pay fees.

You will also likely need to complete a medical examination before your arrival in the U.S. But do you wonder about what that exam will cover and which tests the doctor will perform?

3 questions you might have about your exam

In most circumstances, a doctor will review your medical history, draw blood to test for syphilis and take an X-ray of your chest. In addition, they may examine your heart, skin, eyes, ears, nose, throat and lymph nodes.

Depending on the results of your exam, some questions might remain. These include:

• Will you have to get shots? There are certain immunizations, such as hepatitis, mumps, tetanus and measles, required for immigration purposes.
• Can you complete your medical exam in America? Visa applicants may not complete their medical examinations in the U.S. A physician approved by the embassy or consulate issuing the visa must conduct your exam.

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 Posted on March 01, 2019 in naturalization & citizenship

Many immigrants choose Texas as their new home state. Details regarding how each person came to live in the United States greatly vary. Some people entered under urgent, sudden circumstances while others filed petitions for visas before gaining legal entry. The ultimate goal for many immigrants is to successfully navigate the citizenship naturalization process.

Becoming a naturalized U.S. citizen is a legal process. A person pursuing this process must first meet all eligibility requirements. One requirement is that an applicant must be age 18 or older. He or she must also have physically resided in the United States as a legal permanent resident for at least five years before applying.

The ability to speak and understand English is a key factor toward naturalization, as well. Applicants must also be in good moral standing. As with most immigration processes, there are exceptions to certain rules. An experienced immigration law attorney can explain such details to an applicant, especially those that would have an impact on a particular case.

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 Posted on March 01, 2019 in Firm News

Texas is home to tens of thousands of immigrants. Each person’s journey to the United States is unique although many people’s experiences share certain issues in common. For instance, a great number of people enter the U.S. through the family immigration system.

This means that a U.S. citizen or someone who has green card status can petition the government on behalf of a family member to help him or her obtain a green card as well. Family members entering the U.S. on a family-based visa often include spouses, siblings, parents or children of petitioners. As with most immigration programs, there are strict requirements involved that must be fulfilled in order to process the proper documents.

It can be quite helpful to seek guidance and support from someone who is well-versed in U.S. immigration law and, in particular, the family immigration process. Filing applications, answering interview questions and making sure all legal status paperwork is in order can be highly stressful. Relying on an experienced immigration attorney throughout the process can help alleviate such stress.

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 Posted on February 01, 2019 in Firm News

That immigration is a complex matter is no secret. Whether you are trying to bring your fiancé to America, work in the United States or get your Green Card, the application process can seem demanding. Appeals may seem to take forever. And denials can often put hope to the test.

Regardless of your adjustment of status, you may not understand what rights you have. According to a professor from Yale Law School, Cristina Rodriguez, the U.S. Constitution applies to undocumented immigrants. Rather than “citizen,” the Constitution often refers to “person” or “people.” Therefore, Rodriguez says the rights apply to you, regardless of citizenship.

How rights might apply to you

Just because these Constitutional rights might apply to you does not mean you can necessarily predict how they will be effected. It may be good to consider what the following rights could look like in your case:

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 Posted on February 01, 2019 in green cards

Many Texas immigrants hope to obtain a permanent resident legal status in the United States. Those who have married U.S. citizens will, at some point, attend a green card/marriage interview. Answering questions during an official immigration interview can be quite stressful, and not performing well can ultimately place one’s status at risk.

The purpose of the marriage interview is to rule out fraud. The federal government is aware that some people try to abuse the system by entering marriage under false pretenses, perhaps even for money to help immigrant spouses gain permanent resident statuses. The marriage interview is designed to weed out those whose relationships are not legitimate.

To avoid problems, it is best to arrive at a green card/marriage interview well prepared. This includes bringing all written documentation pertaining to entrance into the United States. In addition, one should bring a marriage certificate and any additional evidence that may help convince the interviewer that the marriage in question is bona fide. Such evidence might include photographs, correspondence between spouses, greeting cards or notes, and things like bank statements or other mail addressed to both spouses.

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