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orlando immigration lawyerAlthough getting United States citizenship through marriage is supposed to be one of the easiest ways to get citizenship, it is still a very long and difficult process. Because couples applying for an I-130 petition (adjustment of status) or an I-751 petition (removal of Green Card conditions) are under such strict scrutiny by immigration authorities, small mistakes in an application can result in either petition being denied. If your petition has already been denied, it is important to seek help from a Florida immigration attorney right away so the immigrant spouse does not face deportation proceedings. 

Why Are I-130 Adjustments of Status Petitions Denied? 

When a couple gets married in the United States and one partner is in the country legally but is not a U.S. citizen, the couple must complete an adjustment of status petition so the immigration spouse can get a Green Card. 

I-130 petitions could be denied for many reasons, but they are often denied because parts of the application are missing or because the couple does not provide enough evidence proving their relationship is legitimate. If your I-130 spouse petition is denied, you will need to submit a new petition and include better evidence. This can include:

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orlando immigration lawyerDomestic violence is a serious crime that leaves its victims with very few options for relief, especially if the victim has an uncertain immigration status, is in the U.S. without authorization, or does not speak English well. Immigrants may be particularly vulnerable to abuse because abusers may prey on their immigration status to keep them from reporting the abuse. Fortunately, the government recognizes the seriousness of this problem and offers victims of domestic violence solutions that may allow them to escape the abuse. 

What Can I Do if I Am an Immigrant Suffering From Domestic Violence? 

The first option you may have available to you is the removal of conditions of residency. If you are married to an American citizen, you will be granted a conditional Green Card for at least two years, and you will have to petition with your spouse to get the residency conditions removed. If your spouse is domestically abusing you, however, you can apply to have the residency conditions removed by yourself. Note that there are several kinds of abuse that may qualify you for removal of conditions of residency. If your spouse threatens to take away your residency, will not help you petition for removal of conditions, emotionally abuses you, or physically abuses you, these may all qualify to allow you to self-petition on your own. 

If you are a woman, you may also be eligible under the Violence Against Women Act (VAWA). This allows immigrants who are related to an abusive U.S. citizen or permanent resident but who do not have a Green Card to file for one without the help of the abusive individual. You will have to meet the following conditions: 

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florida immigration lawyerU.S. citizens often travel to foreign countries and establish relationships with residents of these countries, although the internet has also allowed many people to meet others and build relationships without leaving their homes. When a couple in a romantic relationship wishes to get married, international borders can seem like a barrier that will prevent them from doing so. However, the immigration laws in the United States provide U.S. citizens with the ability to bring a romantic partner to live with them, get married, and take steps to establish permanent residence.

The K-1 fiancé visa is a United States immigration visa available to the fiancé or fiancée of a U.S. citizen. Couples in these situations who are planning to get married will need to understand the requirements they must meet to receive a K-1 visa, as well as the steps they will need to follow after getting married.

K-1 Visa Eligibility

To receive a K-1 visa, a U.S. citizen and their intended spouse must meet all of the following requirements:

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raleigh immigration lawyerIf an immigrant to the United States receives a visa to come to the U.S. to get married or stay in the U.S. because of marriage, he or she may ask the government for permission to bring his or her children into the county. This is an essential service that helps bring and keep families together, often after many years of painful separation. Unfortunately, the family visa process can be long and complicated, often requiring the help of an experienced North Carolina immigration lawyer. At Vasquez Law Firm, PLLC, we are here to offer that help, so you can streamline the application process and give your family the best chance of joining you here in the United States. 

Options for Family Immigration Visas

Families around the world are in many different situations and the visa that would suit one family is not necessarily right for the next. Before a noncitizen spouse can apply to bring their children into the U.S., he or she must first be approved for a visa of his or her own. The possible visa options for spouses and children of noncitizen spouses, and the circumstances in which they may be available, include: 

  • K-1 Fiancé Visa - K-1 Visas are available to engaged partners of U.S. citizens who plan on getting married. A K-1 visa allows the noncitizen partner to come to the U.S. while wedding plans are ongoing, although the wedding must take place within 90 days of the noncitizen’s arrival. After the wedding, the K-1 visa holder must apply for an adjustment of status to permanent resident. 
  • K-2 Visa - If the noncitizen fiancé in the above scenario has unmarried children under age 21, a K-2 visa allows the children to come into the U.S. and apply for permanent residency after the couple’s wedding takes place. If a K-1 visa holder does not abide by all the terms of their visa, they may be deported and their children will have to be deported as well. 
  • K-3 Visa - If an American citizen has already married a noncitizen, the couple can apply for a K-3 visa to allow the noncitizen spouse to stay in the U.S. while their petition for permanent residence is ongoing. Applying for citizenship through marriage, while not easy, is one of the easier pathways to citizenship, and immigration services are wary of fraudulent applications; therefore, the conditions of residence are temporary and a couple will need to apply to get those conditions removed after two years. 
  • K-4 Visa - If a recipient of a K-3 visa has unmarried children under age 21, they can apply for a K-4 visa to bring their children into the United States. The K-4 visa is conditional on the K-3 visa recipient’s marriage being legitimate. 

Meet with a Raleigh, North Carolina Immigration Lawyer

The type of family visa you apply for will depend on your circumstances and your family’s situation. At Vasquez Law Firm, PLLC, we pay careful attention to every case and treat our clients with the seriousness and sensitivity that cases involving loved family members require. Call our office today at 919-533-7000 to schedule a free consultation with one of our Wake County immigrant attorneys. Se habla Español

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Orlando immigration lawyerImmigrants planning to come to the United States or who are already in the country may face various issues that may affect their legal status. When applying for a visa or Green Card, a person may be determined to be inadmissible due to factors such as unlawful presence in the United States, criminal convictions, or health concerns. However, waivers of inadmissibility may be available in certain situations, and one factor considered when deciding whether to grant these waivers involves “extreme hardship” for one or more of a person’s family members. It is important to understand what is considered to be extreme hardship, and immigrants can work with an attorney to provide the required information showing that they meet this standard.

Factors Considered When Evaluating Hardship

Immigration officials will generally be looking to protect the interests of people who are authorized to live in the United States, including U.S. citizens or lawful permanent residents. If a person can show that their deportation or the refusal to admit them to the United States would cause hardship for a qualifying relative (their spouse, child, or parent) who is a citizen or Green Card holder, they may qualify for a waiver of inadmissibility.

There are multiple factors that immigration officials will consider when addressing hardship. These factors may be considered both individually and cumulatively to determine whether they rise to the level of extreme hardship. Applicable factors include:

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