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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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orlando immigration lawyerThere are multiple issues that can affect immigration cases, including those involving visa or Green Card petitions. One key issue that can arise in these situations involves a person’s admissibility to the United States. There are multiple reasons that a person may be considered to be inadmissible, and these issues may lead immigration officials to deny a visa application or refuse to grant a person lawful permanent resident status. However, those who are inadmissible may be able to apply for waivers of inadmissibility. By understanding the qualifications a person will need to meet to receive a waiver, immigrants and their family members can take the correct steps to complete the immigration process successfully.

Waivers Based on Grounds of Inadmissibility

Eligibility for waivers will depend on the specific reasons a person is considered to be inadmissible. When applying for a waiver, a person will need to show that they meet certain requirements. The requirements for waivers for different grounds of inadmissibility include:

  • Infectious diseases - A person may be inadmissible due to a diagnosis of a communicable disease such as tuberculosis, leprosy, syphilis, or gonorrhea. In these cases, a person who is the spouse or unmarried child of a U.S. citizen or lawful permanent resident or the fiancé(e) of a U.S. citizen may receive a waiver.
  • Vaccinations - A person may qualify for a waiver of the vaccination requirements that apply to immigrants if they can demonstrate that they are opposed to receiving vaccinations based on sincere religious or moral beliefs.
  • Mental health disorders - A person who has been diagnosed with a condition that has previously posed a risk to the safety of themselves or others or may pose a risk in the future may be found to be inadmissible. However, they may qualify for a waiver of inadmissibility based on documentation of their diagnosis, findings about the likelihood of harmful behavior in the future, and recommendations regarding the treatment available in the U.S. that will reduce the chances of behavior that may cause harm to themselves or others in the future.
  • Criminal grounds - Immigrants who have been deemed inadmissible because they have committed crimes involving moral turpitude, possession of 30 grams of marijuana or less, prostitution, or certain other offenses may be eligible for a waiver. These waivers may be available in situations where a person was convicted of prostitution and can show that they have been rehabilitated, where at least 15 years have elapsed since the crimes were committed and a person is not a threat to public safety or national security, or where denial of admission would cause extreme hardship to a family member who is a citizen or permanent resident of the United States.
  • Immigration fraud - A person who is inadmissible because they had provided false information on immigration forms or applications may receive a waiver based on extreme hardship to a family member who is a U.S. citizen or lawful permanent resident.
  • Unlawful presence - A person who is barred from entry to the U.S. for three or 10 years due to being unlawfully present in the United States may receive a waiver based on extreme hardship affecting an immediate family member who has a Green Card or U.S. citizenship.

Contact Our Orlando Waivers of Inadmissibility Lawyer

While waivers may be available in the situations described above, there are certain other grounds of inadmissibility that may also need to be addressed. Vasquez Law Firm, PLLC provides legal help and representation for immigrants and their family members, and we work to ensure that they can address any issues that will affect the immigration process. Contact our Orange County immigration waiver attorney at 407-955-5000 to discuss your concerns in a free consultation and learn more about how we can help you resolve any immigration-related issues you may face.

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orange county immigration lawyerImmigrants living in the United States may have an uncertain legal status. Even those who have lived in the U.S. for many years may be concerned about the possibility of deportation, which could cause them to be separated from their family members, uprooted from their communities, and forced to return to a potentially dangerous situation. Those who have been detained by immigration officials or who may potentially face deportation will need to understand their options and the steps they can take to show that they should be able to continue to live in the United States. Some immigrants may qualify for a form of relief known as cancellation of removal, and they may be able to avoid deportation and become a permanent resident of the U.S. if they do not already have a Green Card.

Eligibility Requirements for Cancellation of Removal

Cancellation of removal is a form of relief that is meant to help prevent hardship for U.S. citizens or lawful permanent residents. If immigration officials begin deportation proceedings, an immigrant may submit a cancellation of removal application, and if relief is granted, they will be allowed to remain in the United States. Those who may be eligible for cancellation of removal include:

  • Lawful permanent residents - A Green Card holder may be able to avoid deportation if they can show that they were lawfully admitted to the United States and have maintained permanent resident status for five years or more, that they have continuously resided in the country for seven years, and that they do not have any aggravated felony convictions.

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wake county immigration lawyerAs a nation of immigrants, the United States welcomed 855,000 new citizens in 2021. Whether it be for education, employment opportunities, or family reunification, foreign nationals continue to relocate to the U.S. on both a temporary and permanent basis. Petitioning for a visa can be complex and time-consuming. The process can be even more confusing as there are so many different kinds of visas, each with its own distinct regulatory paperwork. 

An immigration lawyer can help guide you through the visa application process. If you need a student visa or a visa that will begin your path toward citizenship, an immigration lawyer can determine the suitable visa for your needs.

Difference between Non-immigrant and Immigrant Visas

Non-immigrant visas – These include but are not limited to student, tourist, and employment visas, which foreign citizens obtain to enter and temporarily reside in or travel throughout the U.S.  

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