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What Happens if I Get Divorced After Getting a K-1 Fiancé Visa?

 Posted on February 12, 2024 in Immigration

Blog ImageGetting married is a significant milestone in life, and for couples who live in different countries, marriage may require them to navigate the complexities of immigration law. In situations where one partner is a U.S. citizen, and the couple wants to live together in the United States, the couple may need to apply for a K-1 fiancé visa. If an application is approved, the K-1 visa will allow the foreign fiancé to enter the country with the intention of getting married within 90 days. However, what happens if the couple gets divorced after obtaining the K-1 visa? An experienced immigration attorney can provide guidance in these situations, helping a foreign fiancé or spouse understand what options may allow them to continue living in the United States.

K-1 Fiancé Visa Overview

A K-1 fiancé visa allows foreign nationals who are engaged to be married to enter the United States for that purpose. The U.S. citizen fiancé(e) will file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS). The foreign fiancé(e) will be required to attend an interview at a U.S. embassy or consulate, and once their visa is approved, they will receive authorization to enter the United States.

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When Is an Immigrant Eligible for an Adjustment of Status?

 Posted on January 11, 2024 in Immigration

Blog ImageFor immigrants who are currently living in the United States, the process of obtaining legal permanent residency, also known as a Green Card, can be complex and confusing. One potential pathway to obtaining a Green Card is through an adjustment of status. This option allows certain eligible immigrants to change their immigration status from nonimmigrant to immigrant without having to leave the country. An attorney with experience in immigration law can help immigrants and their family members determine when this option may be available, and they can provide legal support during the process of applying for a Green Card.

What Is an Adjustment of Status?

An adjustment of status allows eligible immigrants who are in the United States to apply for lawful permanent residency or a Green Card without being required to return to their home countries. This can save time and money compared to applying for a visa at a U.S. consulate abroad.

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Can Immigrants Affected by Climate Change Claim Asylum?

 Posted on December 07, 2023 in Immigration

Orlando Immigration Attorneys

In recent years, the issue of climate change has become a pressing concern worldwide. Rising sea levels, extreme weather events, and other environmental factors have forced many people to leave their homes in search of safety and security. This raises an important question: can immigrants affected by climate change claim asylum and receive protection against deportation from the United States? An experienced attorney can provide guidance on this issue, and they can represent immigrants in legal proceedings related to asylum.

What Is Asylum?

Asylum is a form of protection that may be granted to immigrants who have experienced persecution in their home countries or have a credible fear that they will suffer persecution based on their religion, nationality, race, political opinions, or membership in certain groups. If an asylum request is granted, a person will be allowed to remain in the United States, and they may receive authorization to work in the U.S. One year after being granted asylum, a person may apply for a Green Card granting them permanent residence in the United States and placing them on the path to citizenship.

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DACA Program Again Ruled Illegal in Federal Court

 Posted on November 09, 2023 in Immigration

Untitled---2023-11-09T144122.367.jpgSince it was implemented in 2012, the Deferred Action for Childhood Arrivals (DACA) program has provided protection for certain immigrants, allowing them to continue living and working in the United States. This program has been available for immigrants who were brought to the U.S. as children, who are commonly known as “Dreamers.” It has provided them with protection against deportation and authorization to work for United States employers. 

The status of the DACA program has been up in the air over the past several years as legal challenges have been raised. A recent ruling by a federal judge may put the program in jeopardy, and qualifying immigrants will need to understand how they may be affected. An attorney who has experience addressing these and other immigration issues can provide guidance to help immigrants determine their options for living and working in the United States.

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Can Venezuelan Immigrants Receive Protection From Deportation?

 Posted on October 11, 2023 in Immigration

Venezuelan Immigrants and Temporary Protected StatusOver the past several years, Venezuela has experienced a political and economic crisis. As the situation continues to escalate, many Venezuelans are seeking refuge in other countries, including the United States. In some cases, immigrants who have entered the U.S. may receive certain protections, including authorization to work and protection against deportation. However, due to the increasing numbers of undocumented immigrants, the United States is also performing more deportations. Because of the complex issues that can affect Venezuelans who need to address matters related to immigration, it is important for these immigrants to work with an attorney to determine their legal options.

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Can Victims of Crime Receive Protection Against Deportation?

 Posted on September 21, 2023 in Immigration

Untitled---2023-09-21T103125.345.jpgLiving in a foreign country can be challenging, especially for immigrants who have been the victims of crime. In addition to physical and emotional trauma due to the crime itself, an immigrant may worry that if they report the crime, they may face deportation. Fortunately, there are protections available to victims of crime that can help them seek justice without the added worry of being removed from their communities. An experienced attorney can help crime victims determine whether U visas or VAWA self-petitions may be available in these situations.

The U Visa: A Pathway to Protection

The U visa is one option that may be available to immigrant victims of certain crimes. This type of visa provides temporary legal status to crime victims who have suffered harm because of qualifying criminal activity.

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Court Ruling May Affect Asylum Cases for Immigrants to the U.S.

 Posted on August 09, 2023 in Immigration

Orange County Asylum LawyersDuring the administration of President Joe Biden, significant changes have been made to the policies followed by immigration officials in the United States. There are tens of thousands of immigrants who have traveled through countries in South America and Central America in an attempt to enter the United States, and this has placed a strain on the systems used by immigration officials and on local and state governments who are affected by illegal immigration. In an ongoing effort to address these issues, the Biden administration has taken steps to streamline the procedures followed when people apply for asylum or parole, and it has also put policies in place to encourage the use of these procedures rather than attempting to enter the U.S. without authorization.

One important provision of the administration’s policy has limited when people may be able to apply for asylum. Specifically, the policy has stated that immigrants who enter the U.S. by crossing the border in a location other than an official port of entry will no longer be eligible for asylum. However, a federal judge recently struck down this part of the administration’s immigration policy, and this ruling may help ensure that more people will be able to qualify for asylum.

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How Can Immigrants and U.S. Citizens Avoid Claims of Marriage Fraud?

 Posted on July 21, 2023 in Immigration

Orlando Immigration LawyersMarriage fraud is a serious offense that can have severe consequences for both immigrants and U.S. citizens. It occurs when individuals enter into a marriage solely for the purpose of obtaining immigration benefits. United States Citizenship and Immigration Services (USCIS) closely scrutinizes marriage-based applications for visas and Green Cards to detect and prevent fraud. To avoid claims of marriage fraud, couples must understand the legal requirements that they will need to meet during the immigration process, and they can take steps to demonstrate that their marriage is valid. These steps include:

1. Marry for Genuine Reasons

The most effective way to avoid claims of marriage fraud is to ensure that a marriage is valid. USCIS officers are trained to identify fraudulent marriages, and they carefully examine the evidence provided to determine the authenticity of the relationship. It is crucial to have a bona fide marriage that is based on love and commitment rather than solely for immigration benefits.

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When Can a Child Receive U.S. Citizenship Through Their Parent?

 Posted on June 21, 2023 in Immigration

Orange County Citizenship LawyersWhen people are born in the United States, they are automatically granted U.S. citizenship, which can provide them numerous benefits. However, when a child is born outside of the United States, and at least one of their parents is a U.S. citizen, steps will usually need to be taken to ensure that the child's citizenship is recognized. In these situations, parents will need to understand when their children will be eligible for citizenship, and they can work with an immigration attorney to ensure that all issues related to citizenship or naturalization will be handled correctly.

Eligibility for Citizenship for Children Born Outside the U.S.

Whether a child may be recognized as a U.S. citizen will depend on the citizenship of their parents and whether the parents were married at the time of the child's birth. A child who is born abroad may receive citizenship in the following situations:

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What Happens During an Immigration Detention Bond Hearing?

 Posted on May 18, 2023 in Immigration

Orlando Immigration Bond Hearing LawyersImmigrants in the United States who have been detained by immigration officials will need to determine their options for defense against deportation. However, in many cases, a person's primary concern will be whether they can be released from detention so that they can return to their home, continue living with their family members, and maintain employment. In these situations, a person may be able to request an immigration bond hearing and ask for release from detention while their deportation case is pending. By understanding what to expect during these hearings, immigrants and their family members can make sure they will be fully prepared to advocate for their rights and interests.

What Is a Detention Bond Hearing?

An immigrant who requests a detention bond will appear for a hearing in front of an immigration judge. During the hearing, the judge will assess whether or not an immigrant should be released on bond while their removal proceedings are pending. This is an opportunity for the detained individual to argue that they are not a flight risk, do not pose a danger to the community, and have a strong case for remaining in the United States. If an immigrant is granted a bond at the hearing, they can leave detention and spend time with their family while they await the final determination in their deportation case.

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