If you are in the United States and have family members in another country, then you may want to bring them here. They will have to go through the proper channels to legally immigrate here to avoid potential legal issues.

According to the U.S. Department of State, there are two types of visas you may use to bring family members into the country. To get the visa, you must sponsor the person, and you must also apply for the right type of visa.

Family preference

To apply to become a naturalized U.S. citizen, you must be at least 18 years of age. You also need to have had a valid Permanent Resident Card, typically referred to as a Green Card, for at least five years before applying. There are no age requirements for Green Card eligibility.

To apply for a Green Card, you must show how you qualify to work or reside in the U.S. If you married a U.S. citizen in your home country, you may qualify to receive a Green Card. You may also receive a Green Card if a U.S. citizen adopted you before you turned 16.

When can the citizenship application process begin?

Often referred to as a fiance(e) visa,K-1 nonimmigrant visasenable U.S. citizens to bring their foreign partners to this country with the intent of marrying them in a certain time period. Understanding how fiance(e) visas work and what is expected of you and your partner during the process can make for a more efficient experience.

It also prevents your fiance(e) from encountering issues with immigration. The more information you have, the better equipped you are to navigate the immigration process successfully.

Who is eligible for a K-1 nonimmigrant visa?

Most aspects of immigration law invoke hope and excitement in those involved with it; one area, however, can conjure up feelings of despair. This is due to the fact that while one works throughthe immigration process, the threat of deportation may be ever-present.

People in Plano dealing with immigration issues typically understand what they need to do to avoid the threat of deportation: stay out of trouble with the law. Indeed, according to information shared by theU.S. Immigration and Customs Enforcementoffice, of the almost 63,000 removal actions undertaken through the first quarter if 2019, over 40,300 involved some sort of criminal charge. However, that still leaves almost 20,000 removal cases due to some other immigration violation.

Fighting deportation

Green cards provide cardholders with a range of helpful benefits while they await naturalization and continue the process of working toward citizenship in the United States. A person’s application risks denial depending on his or her circumstances and the evidence they submit with their application.

People who receive correspondence notifying them of the denial of their application, have the right to file an appeal to dispute the decision.

Reopen vs. reconsider

Immigrants who have entered the United States unlawfully in the past may worry that they have no way of returning to the country. If you came to the country in this manner, you may face a three or ten-year bar on lawful reentry. Yet, if you have relatives who have legal status in the United States, you can apply for a provisional waiver on this bar.

Understanding how waivers work

If you decide to apply for a green card, you must to do so in your home country before returning to the United States. But if you entered the country without a visa, your ability to return could end up in jeopardy. A provisional waiver will help you return to the United States during this process. You must file the waiver in the United States, though, for it to be valid.

Fiancé(e) visas allow a person to bring their partner to the U.S. for the purpose of marrying them. You must follow certainsteps when bringing your future spouseto this country for the first time, or you may be subject to denial. Being aware of each step in the process improves the chance that the visa will be approved.

Petition for fiancé(e)

Form I-129F is used to establish a relationship between you and your partner. The form is submitted to the U.S. Citizenship and Immigration Services, who may ask you for further information about your relationship. The desire for marriage must be considered valid and not simply being pursued to gain entry to this country. If approved, the form is forwarded to the U.S. Department of State.

Changes to the process of obtaining a U.S. visa require certain applicants to list their social media accounts. Individuals seeking to obtain a visa may need to provide their online user names or profile handles when requested.

U.S. border control officials have the authority to review any information posted online to vet visa applicants, who currently number about 15 million individuals each year. Applicants requesting to visit the U.S. will need to comply with the social media review requests.

Social media contents may affect application approvals

You hear a lot about the necessity of having a green card in order to legally live and work in the U.S. But what is a green card and how do you get one?

To begin with, “green card” is only a nickname for the card you need. The official name is Permanent Resident Card. Green cards got their nickname because they were, in fact, green in color from 1946 until 1964.

Green card eligibility and process

The process of lawfully immigrating to the Unites States can be quite complex, and as many people in Plano know, is not a privilege immediately afforded to everyone. At the same time, countless people are legally granted residency in the U.S. every year (indeed,the Department of Homeland Securityreports that 1,031,000 people were granted lawful permanent residency status in 2019 alone). A large number of these people are folks hoping to be reunited with their families. Yet all immigration opportunities cannot be reserved for family reunification. As such, family immigration quotas have been established to govern the number of visas allotted to those looking to meet up with loved ones already in the U.S.

Perthe American Immigration Council, an unlimited number of visas are made available to the immediate family members of adult U.S. citizens. In this particular context, “immediate family members are considered to be parents, spouses and unmarried minor children. The relatives of other types of U.S. residents fall into the family preference hierarchy. This system (and the number of visas allotted to each category) is broken down as follows:

• Unmarried adult children of U.S. citizens: 23,400
• Spouses and minor children of legal permanent residents: 87,900
• Unmarried adult children of LPR’s: 26,300
• Married adult children of U.S. citizens: 23,400
• Siblings of U.S. citizens: 65,000

The numbers for each category are not static from year-to-year. If there are not enough petitions coming from the siblings of U.S. citizens to meet the allotment, the unused number are given to unmarried adult children of citizens. If not enough unmarried adult children of residents or spouses and minor children of LPR’s request visas, those unused visas go to the married adult children of citizens. Finally, all unused visas in any of thepreference categoriesare uses to fill sibling requests.

Blended families often have unique circumstances when it comes to the law. If you are considering an engagement with a U.S. citizen, you may have concerns about how moving to the United States to be with your future spouse will affect your children.

According to the U.S. Department of State—Bureau of Consular Affairs, options are available tobring your children with youor have them follow you after your move to America. However, a child does not qualify for the following options if he or she is married.

K-2 visa paperwork

As a permanent resident in Texas, you have certain rights and responsibilities. In addition, you have an obligation to retain your residency. When you receive a green card, this does not mean that you cannot lose your permanent residency. In fact, many people have to be careful when it comes to travel outside of the United States. The U.S. Citizenship and Immigration Services explains that you arefree to travelto other countries. The length of your trip, however, could affect your permanent resident status. It is crucial to know what affects residency before you plan your trip.

It is possible to abandon your permanent residency. This happens if an officer determines that you did not plan to make the U.S. your permanent home. Generally, you do not have to worry about brief trips. Officers look at your records. They look to see if you paid your income taxes, if you have family and community ties or retained U.S. employment. In trips that are under a year in length, it has to be clear that you plan to return.

If you plan to leave for more than a year, then you will want to apply for reentry before you leave. This prevents you from having to apply for a returning resident visa. Now, if you are gone for more than two years, then you need to apply for a returning resident visa. Be careful, because absences for more than six months can disrupt the naturalization process. If you are worried about this disruption, then you can always file an Application to Preserve Residence for Naturalization purposes.

If you have a family member preparing to take the naturalization test, it is both an exciting and nerve-racking time. The test involves more than questions about your family member’s background and application data. The English and civics test are intimidating for a lot of people who must take it. Fortunately, with the right preparation, your family member will do fine. How can you help? With the help of a study guide from the USCIS, you can help your loved one.

The civics section of the test involves 10 questions. There is a pool of 100 questions that the 10 questions draw from and you must answer at least six of these questions correctly. If you are helping a family member prepare, it helps to access all 100 possible questions. Give your loved one ample time and go over each question and answer. This way that there are no surprises on this portion of the test.

In addition to civics, your loved one must pass an English test. The USCIS provides a vocabulary list that will contain the words that he or she will have to read in the reading portion of the test. Help your loved one go over the vocabulary. In addition, you can help him or her with his or her writing. Test takers only have to write one out of three sentences correctly to demonstrate their English ability.

There are several reasons families choose to adopt from overseas. Families may want a child of a certain age and may struggle to find children in these age groups within their area. Some immigrants may wish to provide a home to someone from their country of birth. American-born citizens may want to provide a better standard of living to someone from a poorer country.

Whatever the reason, the International Adoption Simplification Act of 2010 is one law these families should become familiar with. Here is some of the basic information provided by USCIS.

Adopting a birth sibling between the ages of 16 and 18

As a U.S. citizen who wishes to bring your foreign-born fiancé to the United States for the two of you to marry, you are going to need to take certain steps before moving forward. Typically, the first step you need to take is to attempt to secure a fiancé via, which is also known as a K-1 nonimmigrant visa.

Before you obtain a fiancé visa, you need to demonstrate that you are actually eligible for one, and this involves meeting certain stricteligibility requirements.

Assessing eligibility

It is impossible to tell your heart what it wants. If you fell in love with someone who happens to not be a U.S. citizen, then the chances are good that you will one day want him or her to come to Texas so that you can marry. The easiest way to bring your partner into the country is with a fiancé visa or a K-1 visa.

The point of this visa, according to the U.S. Department of State, is to allow your partner toenter the country for the main purpose of marrying you. Once immigration authorities approve your fiancé’svisa,  heor she will get a packet of sealed documents along with the visa and his or her passport. The sealed packet contains the documents he or she turned in during the visa application process and some additional documents from the U.S. Embassy.

Your fiancé should not open the sealed packet. This is very important because the packet must have the seal in place when he or she presents it to the DHS immigration official who is at the point of entry when your fiancé comes to the country. The official must receive this packet, the visa and your fiancé’s passport.

With the 2020 election less than a year away, it is impossible not to see political news and advertisements. As such, there is a good chance that you may develop meaningful thoughts about current events, candidates and ballot measures. If you are not a U.S. citizen, though, voting in any election may be disastrous.

As a legal permanent resident, you havecertain rights and responsibilities. For example, you can live and work in the United States without worrying about obtaining special permission. You cannot vote, however. On the contrary, voting is a privilege that only U.S. citizens may enjoy.

False claim of U.S. citizenship 

Every year, thousands of people travel to the United States to become citizens, many of which reside in Texas. If you choose to immigrate with your family, it can be an exciting new journey. Unfortunately, there are adjustments that you also have to make. For children especially, it may be difficult to acclimate to a new home, culture and language. Culture shock is a real thing and kids do not always know how to deal with it.

The American Academy of Child and Adolescent Psychiatry explains that children can feel a number of negative emotions after a move. This does not mean that you made a poor decision in moving, it simply means that you need to pay extra attention to that child’s needs. Children may feel angry or anxious and instead of being able to talk about it, they may get into trouble or react negatively at school.

In order for your child to be able to adjust in a healthy way, you may need the help of a mental health professional. Professionals can help understand the issues that your children are having. For instance, if your child is having a rough time making friends in a new country, he or she will be able to empathize and find ways to help the child adjust.

When immigrants apply for a green card in Texas, their focus is almost entirely on becoming legal. Not having to look over their backs or worry about routine traffic stops makes so many people breathe more easily.

Beyond this, many may not consider the additional rights they now gain as a resident. They may also not become aware of the responsibilities that come with the card. Officers often impart this information at the end of the residency interview, but it is important to have this information beforehand.

The Process

As someone who is interested in becoming a U.S. citizen so you can live in Texas or another part of the nation, you may be able to do so through a process known as naturalization. At the Law Office of Jae Lee, I am well-versed in the process involved in becoming a citizen through naturalization, and I have helped many clients navigate this and a range of other immigration-related issues.

According to USA.gov, there are a number of importanteligibility requirementsyou must meet before you are able to move forward with your efforts to become a U.S. citizen. For starters, you must be at least 18 at the time of your filing, and you must also have the ability to read, write and communicate using the English language. Additionally, you also have to be an individual of strong moral character in order to undergo consideration for citizenship.

Furthermore, your situation must meet one of two distinct circumstances in order for you to move forward in your quest for citizenship. You must either have a Permanent Resident Green Card that you have held for at least five years or, conversely, if you are filing as the spouse of a current U.S. citizen, you need to have had a Permanent Resident Green Card for at least three years before you may move forward.