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What are the pros and cons of dual citizenship?

Posted on in naturalization & citizenship

Your initial goal when coming to texas from your country of origin may not have been to become a naturalized U.S. citizen. However, if you subsequently set that goal, one question then looms large: what to do about your citizenship in your home country?

Renouncing your citizenship is not a requirement in order to become a U.S. citizen. That said, there certainly are advantages and disadvantages to having dual citizenship. You should weigh what those are before committing to a decision one way or the other.

Advantages to dual nationality

The most obvious benefit to having dual citizenship is the ease in traveling back and forth between the U.S. and your country of origin. You do not need to apply for a visa with every trip (however, according to the U.S. Bureau of Consular Affairs, you must have a passport to enter and leave the country). This may be especially advantageous if members of your family remain in your country of origin. You can also own either commercial or residential property in either country. You also retain voting rights in both countries, allowing you to have a voice in the creation of local policy.

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What is the 90 day rule?

Posted on in naturalization & citizenship

The majority of visas that the United States offers on a temporary basis are “single intent” visas. This means that the individual who is applying for this visa has non-immigrant intent. Essentially, the individual applies for a single intent visa for a single purpose, such as tourism or study. Once this purpose ends, the single intent visa assumes the individual plans to leave the United States.

However, things do not always work out this smoothly. For instance, it is possible for an individual to enter the United States on a study visa and decide to marry an American citizen. Whether or not these individuals can change their mind on single-intent visas and marry their American partners depends on the 90-day rule.

What is the 90 day rule?

The confusing part about the 90-day rule is that it is not a hard-and-fast law. The gist of the 90-day rule is that if a temporary visa holder of any sort tries to marry an American citizen or apply for a Green Card within the first 90 days of arriving in the United States, US Citizenship and Immigration Services (USCIS) assume that the individual entered the US under fraudulent terms. In other words, USCIS will assume the individual lied in order to obtain a visa.

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Could I lose permanent residency by leaving the U.S.?

Posted on in naturalization & citizenship

If you hold a green card, you have the right to remain in the United States as a permanent resident. To continue your stay in the United States, you should be aware of any actions that might cause you to lose your residency status, such as leaving the U.S. and staying abroad for too long.

You may only want to take a temporary trip abroad and have no intention of moving to another country. However, the U.S. government may believe otherwise if you stay out of the country for too long. Fortunately, the U.S. Citizenship and Immigration Services websiteoffers some tipsthat might benefit you if you ever need to explain to USCIS why you had taken a trip out of the United States.

Making a case for your absence

One way to help explain your absence from the U.S. is to describe the various circumstances surrounding your trip abroad. You can discuss why you chose to leave the country and the length of time you planned to be absent from the U.S. You may also explain any other circumstances related to your trip.

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How to prepare for a marriage-based green card interview

Posted on 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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What are the requirements to receive a fiancé visa?

Posted on 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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What is the proposed U.S. Citizenship Act?

Posted on in naturalization & citizenship

You may have heard about the Biden administration’s proposed U.S. Citizenship Act. Currently in the House and the Senate for review, this proposal will create a path to citizenship for 11 million immigrants who lived in the United States before January 1, 2021.

Review thecurrent terms of the Citizenship Actand explore how its passage may affect you and your family.

Legalization pathways

Undocumented individuals who arrived in the U.S. prior to January 1, 2021 would be able to apply to permanently live and work here. Applicants must pass background checks and pay outstanding taxes.

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Can your foreign fiance work in the United States?

Posted on 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.

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What are preference categories?

Posted on 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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Renewing a green card: What you should know

Posted on 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.

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What is required before applying for naturalization?

Posted on 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:

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Defining potential barriers to citizenship

Posted on 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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What are the immigration options for relatives of U.S. citizens?

Posted on 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.

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What are the basics of family-based immigration?

Posted on in family-based immigration

Once you settle in the United States and have everything in order to legally set up your life here, you will probably want to find out how to bring your family to the country. The U.S. does offer some options for family-based immigration because it believes family unification is important.

However, the American Immigration Council explains there are quite a few restrictions in place, and the process is not always easy.

The family preference system limit

As a legal permanent resident, you can bring family members to the U.S. through the family preference system. The system has a limit on the number of visas issued each year, so there is no guarantee that it will be a quick process.

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Can you appeal a denied asylum application?

Posted on 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.

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Understanding conditional permanent residency

Posted on 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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What is a joint sponsor?

Posted on in fiancé visas

One of the most important requirements for the K-1 fiance visa is to meet the income requirements. In the case of the K-1 fiance visa, the “sponsor” for the visa is the American citizen spouse. In order for the U.S. government to give the non-American spouse a K-1 visa, the sponsor must prove that he or she has sufficient income.

In the event that the American sponsor does not have sufficient income for a K-1 fiance visa on his or her salary alone, he or she can either use additional assets (if available) or a joint sponsor. According to Rapid Visa, a joint sponsor is a third-party individual who agrees to sign an affidavit of support to help the sponsor qualify for a K-1 fiance visa.

Who can be our joint sponsor?

In order for a person to act as your joint sponsor, he or she must meet specific requirements. Your joint sponsor must be no younger than 18 years old. This person also needs to either be a US citizen or a permanent resident. This individual must also have a domicile in the United States and meet the minimum income requirement for the K-1 visa on his or her own.

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Are you preparing to bring your intended to America?

Posted on in fiancé visas

You are no doubt excited about your coming marriage and bringing your fiancée to the U.S.

A K-1 nonimmigrant visa will allow your fiancée to travel to the United States, but what happens then?

Filing Form I-129F

As a U.S. citizen, you are the petitioner who must file Form I-129F, the Petition for Alien Fiancée, with the United States Citizenship and Immigration Services. You must show that you and your intended are free to marry and that the marriage will take place within 90 days of her admission to the U.S. as a K-1 nonimmigrant. As part of the Form I-129F process, the USCIS will perform background checks on both you and your fiancée. The Department of State will notify you when she may apply for the K-1 visa.

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How can I get a Green Card with refugee status?

Posted on in green cards

Refugees are people that have been displaced from their countries of origin out of fear for their personal safety. According to the U.S. Citizenship and Immigration Services, refugees must seek out their Green Cards after being in the country for one year.

The process for seeking your Green Card as a refugee is complex. There are a lot of factors to consider, including the following. Having the right information ensures you are prepared and have the best chance of being approved for your Green Card.

How to determine eligibility

Green Cards render you a lawful permanent resident of this country. To be eligible, you must meet certain criteria. Along with being in the country for at least one year, you must also not have previously received a Green Card. Additionally, you must not have had a previous admission terminated, and you must be present in the country when you are filing the Green Card form, which is Form I-485.

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Can the state revoke my provisional unlawful presence waiver?

Posted on in naturalization & citizenship

Hopeful US citizens in Texas can jeopardize the immigration process by unlawfully entering or residing within US borders. Many residents who would be otherwise eligible for family-based immigration can disqualify themselves by remaining in the US without a visa.

Thankfully, getting a provisional unlawful presence waiver from US Customs and Immigration Services may reinstate your eligibility if you are an undocumented immigrant with immediate relatives who are US citizens.

Revocations

Provisional unlawful presence waivers are not permanent, and the government may revoke your waiver in some cases. But if you are facing a waiver revocation, you may have recourse to get the waiver reinstated.

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Processes involved in obtaining green cards

Posted on in green cards

A green card is a document that grants you lawful permanent residence status in the United States. It gives you the right to live here on an ongoing basis. It also gives you the authorization you need to find and keep a job in the U.S.

There are several different categories of green cards. Based on your situation, there are also different processes involved in obtaining them. The process you go through depends partly on whether you are already in the United States or if you wish to come to the U.S. but are currently still in your own country.

Adjustment of status

If you are already present in the United States, you may be able to obtain a green card through an adjustment of status. According to U.S. Citizenship and Immigration Services, this saves you the inconvenience of having to return to your home country to complete the processing of your visa. However, you have to meet the eligibility requirements. Adjustment of status may be available to you if you belong to a certain immigration category, such as an international student or a temporary visitor.

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