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Know your waiver options against inadmissibility

Posted on in Uncategorized

US immigration has many requirements for anyone entering the country long-term as well as a variety of restrictions that bar certain applicants. However, these grounds of inadmissibility are not black and white.

With the right waver, you may have more options than you think when it comes to applying for your own immigration or helping loved ones with theirs.

Examples of inadmissibility and exceptions

As CitizenPath details, there are several categories of inadmissibility that may or may not have waivers available.

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How do I prepare for a K-1 visa interview?

Posted on in fiancé visas

Applying for a fiancé visa in the United States is a long process. One of the most important components of the visa process is the associated interview.

Preparing correctly for this interview is key to receiving a fiance visa. According to the US State Department, to prepare for the interview you will need to have a medical examination and ensure that you have all of the proper paperwork at hand.

Medical examination

You must schedule your medical examination in the country where your interview will take place. Additionally, the physician must have approval from the US embassy. This approved physician is the “Panel Physician.” The US government will not accept examinations from non-approved physicians.

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Department of Justice investigating border security initiative

Posted on in family-based immigration

The Texas Department of Public Safety launched a program in March to target migrants crossing the Mexican border into the United States. The U.S. Department of Justice is investigating this program for potential civil rights violations.

What are the alleged violations?

Alleged civil rights violations

The DOJ investigation is attempting to determine if the Texas DPS is not complying with Title VI of the Civil Rights Act of 1964. Information that indicates that the DPS is discriminating based on race or national origin prompted the investigation. The allegations assert that Operation Loan Star officials are targeting people for traffic stops and misdemeanor trespass violations based on their actual or perceived race or national origin.

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Ready to bring your foreign national fiancée into the U.S.?

Posted on in Spouse Visas

If you are a U.S. citizen, you are eligible to bring your foreign national fiancée into the country.

There are regulations to follow and documents to submit, but once you finish with the details, your fiancée will qualify for the required K-1 visa.

About Form I-129F

As the petitioner to bring your fiancée to the U.S., you must first file Form I-129F, the Petition for Alien Fiancée, with the United States Citizenship and Immigration Services (USCIS). In this document, you must confirm that the two of you are free to marry. You must also confirm that the marriage will occur within 90 days of your fiancée arriving in the U.S. as a K-1 non-immigrant.

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Understanding the provisional waiver application

Posted on in green cards

If you are currently in the United States and you are not eligible to adjust your status because of unlawful presence, there may be a faster way to begin the green card process. Unlawful presence means you entered the country without inspection, you are in violation of your temporary visa or you overstayed your original period of authorization.

The provisional waiver application, or I-601A, is available to certain visa applicants who are immediate family members of U.S. citizens.

Purpose of the provisional waiver

According to the U. S. Citizenship and Immigration Services, the purpose of the waiver is to reduce the amount of time that spouses and children are away from their families while they go through the immigrant visa process. Without the provisional waiver, the separation time is sometimes months or even years.

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How can you prepare for your naturalization test?

Posted on in naturalization & citizenship

The naturalization process can feel overwhelming as you steadily move closer to your interview and test. A lot hinges on whether you pass your test, so it makes sense that you may feel nervous about the whole event.

Fortunately, there are plenty of opportunities to prepare for your naturalization interview and test. According to the U.S. Citizenship and Immigration Services, the interview and test involve answering an officer’s questions and taking a two-part exam.

Preparing for the interview

To prepare for the interview, study your application. The USCIS officer will have questions about your background and talk to you about your application. If you are nervous before the interview, ask a friend or family member to go over your application with you. Ask someone you trust to perform a mock interview to prepare you. When it comes to your interview, answer calmly and honestly.

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As a U.S. citizen, how can you help relatives come to the states?

Posted on in family-based immigration

If you are a U.S. citizen who moved here from another country, you may have both close and extended relatives that would like to join you in the states. You might also be planning to marry a non-U.S. citizen and would like him or her to be able to live and work in the country you now call home.

American immigration law is constantly changing. However, preserving family bonds remains a top priority when considering petitions for either visas or green cards.

What are the options for helping family members gain legal residency?

If you already have citizen status, you may be able to sponsor immediate family, extended family members, a current spouse or a future spouse. Options for helping family members gain legal residency include:

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What happens if you fail the English or civics naturalization tests?

Posted on in naturalization & citizenship

The naturalization and citizenship process consists of several parts, including English and civics tests. Unless you qualify for an exemption, you must pass both.

What happens, though, if you fail either? Do you get another chance to retake it, or do you lose the opportunity to become a U.S. citizen entirely?

The English and Civics test portions of the naturalization test

Unless an exemption applies to you, you must take and pass the U.S. Citizenship and Immigration Services naturalization test. This test consists of two components:

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Background checks and naturalization

Posted on in naturalization & citizenship

If you are preparing to move forward with naturalization, it is crucial to familiarize yourself with the process and prepare for your interview. For example, you should take a look at how the U.S. Citizenship and Immigration Services carries out background checks.

The outcome of a background investigation can have an impact on an applicant’s ability to go ahead with a naturalization interview, and you may need to review unique issues (such as securing a fingerprint waiver).

Naturalization and fingerprint requirements

According to the U.S. Citizenship and Immigration Services, those pursuing naturalization must go through background checks that include fingerprints and name checks with the Federal Bureau of Investigation (FBI). You must satisfy these requirements before you can attend a naturalization interview.

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Immediate Relative vs. Family Preference : Which type visa is easier to get?

Posted on in family-based immigration

Once you successfully emigrate from your country of origin to the United States, it is only natural for you to want to bring others of your family to join you here.

The U.S. Department of State, Bureau of Consular Affairs, advises that you have two visa options: Family Preference and Immediate Relative. The question then becomes: Which type of visa can you more easily obtain? The answer depends on who you need to obtain the visa for.

Immediate Relative visas

Assuming you are a permanent U.S. resident, Immediate Relative visas are easier to obtain than Family Preference visas. The U.S. government issues an unlimited number of IR visas each year. The downside, however, is that you can only obtain this class of visas for your immediate family members. The following lists the five types of Immediate Relative visas and your family members to whom each applies:

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Is there a waiver for making a false claim of U.S. citizenship?

Posted on in green cards

Being an American citizen comes with a variety of important and valuable benefits. Still, if you are not a citizen of the U.S., it is imperative to understand the consequences of claiming to be one. Simply put, making a false claim to U.S. citizenship may make you forever ineligible to become a legal permanent resident or to obtain a nonimmigrant visa.

Falsely claiming to be a U.S. citizen makes you inadmissible to the country. This means immigration officials will not allow you to enter legally. It also makes you deportable, meaning government lawyers may try to remove you from the country.

No general waiver

There are several grounds for both inadmissibility and deportability. With many of these grounds, though, a person can seek a waiver. With a waiver, government officials essentially agree to ignore your violations of U.S. immigration law.

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What should you do after naturalization?

Posted on in naturalization & citizenship

After all of the excitement of getting your U.S. citizenship, you may wonder what comes next. Getting involved in your community and celebrating your accomplishments can help you embrace your newfound freedom.

Knowing some of the things you can do after completing the naturalization process may help you identify your next steps. Setting goals for your progress may increase your motivation for the future.

Learn about your privileges

Your citizenship opens a whole world of possibilities. In fact, according to the U.S. Citizenship and Immigration Services, after acquiring citizenship you have the chance to get your passport, update your driver’s license and register to vote. Each of these tasks requires various documentation and the completion of an application.

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2 components of the naturalization test

Posted on in naturalization & citizenship

One of the steps to become a citizen of the United States is to take the naturalization test. This is a requirement unless you qualify for an exemption. You may qualify for exemptions because of age or medical disability.

If you do not qualify for an exemption, the test consists of two parts: A civics test and an English language test.

1. Civics test

The civics test consists of questions about the history of the United States and how its government functions. According to U.S. Citizenship and Immigration Services, the civics test underwent a change in 2020. Under the new rules, the examiner will ask you 20 questions out of a possible 128. To pass this portion of the test, you must answer 12 of the 20 questions correctly.

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What is a bona fide marriage?

Posted on in family-based immigration

One of the primary objectives of U.S. immigration law is to keep families together. Consequently, if you are a U.S. citizen and marry a person who lives elsewhere, you probably have a streamlined process for securing legal permanent residency for your spouse.

Even though the U.S. Citizenship and Immigration Services wants to reunify families, immigration officials also want to prevent immigration fraud. Therefore, you can expect a USCIS officer to determine whether you have a bona fide marriage before approving your immigration paperwork.

Your marriage is for the right reasons

Everyone has his or her own reasons for choosing to walk down the aisle. To comply with U.S. immigration law, however, your marriage must not be for the purpose of securing immigration benefits. Therefore, you should provide evidence that shows your marriage has love and commitment as its foundation.

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Avoid these common mistakes when applying for a green card

Posted on in green cards

If you are applying for a green card, you are probably looking forward to the benefits of being a permanent resident. As a permanent resident, you can live and work anywhere in the U.S.

If you are currently living in the United States, you will need to apply for an adjustment of status with the U.S. Citizenship and Immigration Services (USCIS). This application process is complex, and you will want to avoid these common mistakes that could lead to delays or denial.

Failing to provide required supporting documents

There are many different documents that you will need to include with your green card application. The exact requirements will depend on your unique situation. For example, if a spouse is sponsoring you, you and your spouse may need to provide a marriage certificate, joint leases and joint bank account statements. Other commonly required supporting documents include:

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Can your fiancé find work in the country?

Posted on in fiancé visas

Starting over anew in a different country is often enough to rattle even the strongest of people. However, getting started on the right foot can help build a strong foundation that can make the transition easier to bear.

With the right authorization, it is possible for your fiancé to gain the ability to work, which is one step toward making the process of transitioning smooth.

Work authorization approval

The U.S. Citizenship and Immigration Services take a look at how fiancé visas work in the country. They note that after your fiancé arrives in the country, they can apply for work authorization with form I-765. If approved, this privilege lasts for 90 days. If your fiancé applies for a green card at the same time, the privilege lasts for one year instead.

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Are you eligible for naturalization?

Posted on in naturalization & citizenship

Naturalization is the culmination of the American Dream for many immigrants who come to the United States, and you may have similar goals as well as questions about how to become a citizen. In most cases, discovering your eligibility is the first step in the process.

U.S. Citizenship and Immigration notes that several factors, such as your parents’ citizenship status, can help you determine your own status and which you must meet before you reach eligibility.

Age

You must reach the age of 18 before attempting to apply for naturalization. You may want to obtain documents that prove your age. Children under the age of 18 receive automatic citizenship if they were born in the U.S. or if their parents carry U.S. citizenship.

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Texas sheriff investigated for illegal money seizure

Posted on in family-based immigration

Immigrants face many challenges as they work to settle and build a life in Texas and the rest of the United States. These challenges are often exacerbated when the immigrants are undocumented and local law enforcement officials are not playing by the rules.

According to CNN, the Real County sheriff in Texas is being investigated for stealing money during traffics tops from undocumented immigrants. Although no charges were filed, the attorney general’s office and the Texas Rangers executed search warrants in the small county located close to 90 miles away from the United States and Mexico border.

Immigration disagreements often fuel allegations

Local government officials have often sparred and disagreed with the current presidential administration over issues such as immigration. In Texas, property and money can be seized during a stop if there is clear evidence that links it to some type of criminal activity. The allegations leveled against the sheriff suggest that he seized money that was not involved in any specific crime.

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What is the extreme hardship waiver?

Posted on in green cards

An immigration waiver can help you to get a visa for yourself or a loved one in circumstances where you may otherwise be unable to. Getting a waiver is not an easy process, but if you meet the requirements and can provide all required information and documentation, it can be a blessing.

The U.S. Citizenship and Immigration Services explains one wavier option is for extreme hardship.

The waiver

The extreme hardship waiver is available in situations where the refusal of a visa to a person would cause serious problems for a family member who is a citizen or lawful legal resident. Extreme hardship can mean different things depending on your situation. For example, if the reason you need a waiver is more serious, then the hardship your family is facing must be more serious.

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What do you know about replacing your green card?

Posted on in green cards

Recently, you received your green card and all the benefits it offers. As time goes on, you may need to replace your card to remain a lawful permanent U.S. resident.

U.S. Citizenship and Immigration Services breaks down the basics of replacing your green card. Understand how to maintain your status and have one less thing to worry about.

When to get a replacement green card

After you become a lawful permanent resident, certain situations may require you to replace your green card. Such situations include when your current green card expires or expires in six months, you received your card before turning 14 and turn 14 soon, commuters take up residence in the U.S. and permanent U.S. residents become commuters. You must also apply for a new green card if your current card becomes mutilated, damaged, destroyed or stolen.

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