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

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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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 Posted on June 15,2022 in Immigration

Due to ongoing political turmoil in Haiti, many of the country’s citizens have attempted to come to the United States, where they will have a better opportunity of living in a safe environment and earning an income to support themselves and their families. Unfortunately, U.S. officials have responded to this wave of migration harshly and forced many people to return to Haiti. This has left a large number of migrants with few options, but those who are facing expulsion or deportation can take steps to protect their rights by working with an immigration attorney.

Reasons for Additional Expulsions of Immigrants From Haiti

In 2020, the administration of President Donald Trump put a rule in place that allowed for the expulsion of immigrants entering the United States. This rule, known as Title 42, made it easier for immigration officials to force people to leave the country, since it did not require them to follow many of the standard procedures, and in many cases, immigrants have been prevented from applying for asylum or being recognized as refugees.

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 Posted on May 18,2022 in Immigration

People living in the United States may be able to sponsor their family members for immigration. While multiple types of family-based visas are available, the fastest and easiest way to sponsor a family member is usually through an immediate relative visa. In these situations, U.S. citizens can provide sponsorship for immediate family members, including their spouses, children, or parents. When applying for an immediate relative visa, family members will need to understand the information that must be provided.

Information Required With a Visa Petition

A person can apply for an immediate relative visa by filing Form I-130 (Petition for Alien Relative). They will also need to provide the following supporting documents:

• Evidence of their U.S. citizenship - This may include a copy of their birth certificate showing that they were born in the United States, a valid U.S. passport that is not expired, or a copy of their naturalization certificate.

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 Posted on May 17,2022 in Immigration

As a nation of immigrants, the United States has long offered sanctuary, harboring foreign persons from across the globe that are persecuted or fear persecution from their native country. More than 3.1 million refugees have been admitted to the United States since the Refugee Act of 1980. Petitioning for asylum, permanent residency, and citizenship can be complex, timely, and worrisome; however, it is attainable. Even during the COVID-19 pandemic, the United States welcomed 625,400 new citizens in 2020. Adept immigration lawyers can guide undocumented residents to citizenship without fear of deportation or retribution.

Differences between Refugees and Asylum Seekers, and What is a DED?

The only difference between refugees and asylum seekers is the legal definition of residency. Refugees are unable to return to the native countries that they have escaped due to famine, war, or political, personal, or religious persecution. They have yet to enter the United States. To attain legal entry, refugees must apply for refugee status. Asylum seekers, known as asylees, have also fled their countries of nationality and meet the definition of refugee but are residing in the United States.

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 Posted on May 09,2022 in Immigration

If you married a U.S. citizen and currently hold a conditional two-year Green Card, you and your spouse must file a joint petition for removal of conditions during the 90 days before your current status expires. If your petition is approved, you will be granted a 10-year Green Card. But what happens if you get divorced before the conditions are removed? You may still be able to get an unconditional 10-year Green Card if you meet certain qualifications.

Who Gets a Conditional Two-Year Green Card?

The main paths that lead to a two-year green card include:

You marry a U.S. citizen abroad and, while still living abroad, apply for an IR-1 immediate relative/spouse immigration. If your marriage is less than two years old when your visa is granted, you will receive a CR-1 conditional two-year visa. If your two-year wedding anniversary has passed by the time your visa is granted, you will receive an IR-1 visa good for 10 years.

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 Posted on April 19,2022 in Immigration

There are many different situations where immigrants may need to address issues related to inadmissibility. Immigration officials may determine that a person is inadmissible to the United States due to issues such as criminal convictions or violations of the laws related to immigration. In some cases, immigrants may be able to apply for waivers of inadmissibility allowing them to enter or remain in the U.S. For those who are inadmissible because they have remained in the United States without authorization, provisional unlawful presence waivers may allow them to gain legal immigration status.

Qualifying for Provisional Unlawful Presence Waivers

Unlawful presence in the United States refers to any time spent in the country without legal authorization, such as remaining in the country after the expiration of a temporary visa or entering the country illegally and living in the U.S. without documentation. Unlawful presence can lead to restrictions on a person’s ability to re-enter the United States in the future. A person who stays in the U.S. without authorization for between 180 days and one year will be inadmissible for three years after the date they departed the country. For those with unlawful presence of more than one year, a 10-year bar to admissibility will apply.

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