Posted on October 24, 2022 in Immigration

Domestic 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. 

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 Posted on September 26, 2022 in Immigration

U.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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 Posted on September 13, 2022 in Immigration

If 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: 

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 Posted on August 25, 2022 in Español

Los inmigrantes que planean venir a los Estados Unidos o que ya están en el país pueden enfrentar varios problemas que pueden afectar su estatus legal. Al solicitar una visa o tarjeta verde, se puede determinar que una persona no es admisible debido a factores como la presencia ilegal en los Estados Unidos, condenas penales o problemas de salud. Sin embargo, las exenciones de inadmisibilidad pueden estar disponibles en ciertas situaciones, y un factor considerado al decidir si otorgar estas exenciones involucra “dificultades extremas” para uno o más miembros de la familia de una persona. Es importante comprender lo que se considera una dificultad extrema, y los inmigrantes pueden trabajar con un abogado para proporcionar la información requerida que demuestre que cumplen con este estándar.

Factores Considerados Al Evaluar Las Dificultades

Los funcionarios de inmigración generalmente buscarán proteger los intereses de las personas que están autorizadas a vivir en los Estados Unidos, incluidos los ciudadanos estadounidenses o los residentes permanentes legales. Si una persona puede demostrar que su deportación o la negativa a admitirla en los Estados Unidos causaría dificultades a un pariente calificado (su cónyuge, hijo o padre) que sea ciudadano o titular de la tarjeta verde, puede calificar para una exención de inadmisibilidad.

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 Posted on August 11, 2022 in Immigration

Immigrants 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.

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 Posted on August 04, 2022 in Español

Existen múltiples problemas que pueden afectar un caso de inmigración, incluidos los que involucran solicitudes de visa o tarjeta verde. Una cuestión clave que puede surgir en estas situaciones tiene que ver con la admisibilidad de una persona en los Estados Unidos. Existen múltiples razones por las que una persona puede ser considerada inadmisible, y estos problemas pueden llevar a los funcionarios de inmigración a denegar una solicitud de visa o negarse a otorgarle a una persona el estatus de residente permanente legal. Sin embargo, aquellos que son inadmisibles pueden solicitar perdones de inadmisibilidad. Al comprender los requisitos que una persona deberá cumplir para recibir una exención, los inmigrantes y sus familiares pueden tomar las medidas correctas para completar el proceso de inmigración con éxito.

Exenciones basadas en motivos de inadmisibilidad

La elegibilidad para las exenciones dependerá de las razones específicas por las que una persona se considere inadmisible. Al solicitar una exención, una persona deberá demostrar que cumple con ciertos requisitos. Los requisitos para las dispensas por diferentes causales de inadmisibilidad incluyen:

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 Posted on July 28, 2022 in Immigration

There 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:

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 Posted on July 21, 2022 in Immigration

Immigrants 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.

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 Posted on July 12, 2022 in Immigration

As 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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 Posted on June 29, 2022 in Immigration

For over 20 years, Congress has attempted to pass different forms of the Development, Relief, and Education for Alien Minors (DREAM) Act, which would provide benefits for immigrants who came to the United States as children. Many of these children were brought to the U.S. at an early age, grew up in the country, consider themselves to be Americans, and wish to continue playing an important role in society. Unfortunately, because of their uncertain immigration status, many of these “Dreamers” struggle to do so. While the DREAM Act has yet to be passed, some programs have provided Dreamers with options, and lawmakers continue to push reforms to immigration laws that will address these issues.

Relief for Undocumented Immigrants Through the DACA Program

Many children who do not have the legal documentation allowing them to live and work in the United States have struggled to address immigration issues. Some immigrants have received relief through the Deferred Action for Childhood Arrivals (DACA) program, which was created when President Barack Obama issued an executive order in 2012. This program provided relief for people who came to the U.S. as children and met other requirements, ensuring that they would not face deportation and providing them with authorization to work.

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