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Deciding Which Visa Suits Your Needs in Wake County

 Posted on July 12, 2022 in Immigration

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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Immigration Struggles Affect Documented and Undocumented Dreamers

 Posted on June 29, 2022 in Immigration

FL immigration lawyerFor 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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U.S. Officials Increase Expulsions of Haitian Migrants

 Posted on June 15, 2022 in Immigration

FL immigration lawyerDue 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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What Information Is Needed to Apply for an Immediate Relative Visa?

 Posted on May 18, 2022 in Immigration

FL immigration lawyerPeople 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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Road to US Citizenship for Refugees and Asylees

 Posted on May 17, 2022 in Immigration

north carolina immigration lawyersAs 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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What if I Get Divorced Before I Get My 10-Year Green Card?

 Posted on May 09, 2022 in Immigration

FL immigration lawyerIf 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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When Can an Immigrant Receive a Provisional Unlawful Presence Waiver?

 Posted on April 19, 2022 in Immigration

Florida provisional waiver lawyerThere 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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Changes to Immigration Policies May Affect Asylum Cases

 Posted on April 05, 2022 in Immigration

Orlando immigration lawyerThere are many reasons why people from other countries may plan to come to the United States to ensure that they can remain safe from harm. Those who believe that they are in danger of persecution or who have a credible belief that they will be harmed or killed may apply for asylum after they enter the U.S., which will provide them with protection from deportation. In recent years, many immigrants have struggled to receive asylum protections, but new changes to immigration rules and policies may make this process easier and ensure that immigrants can receive the protections they need.

Biden Administration Plans to Lift Public Health Order Affecting Asylum Cases

During the administration of President Donald Trump, the Centers for Disease Control and Prevention (CDC) implemented a public health order known as Title 42. This order took effect in March of 2020, and it was meant to prevent the possibility of COVID-19 infections being spread by immigrants entering the United States. Under this order, immigration officials were allowed to expel undocumented immigrants without the requirement to follow standard procedures, even in cases where immigrants were seeking asylum. 

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When Can Arrests Lead to ICE Detention and Deportation?

 Posted on March 29, 2022 in Immigration

Orlando deportation defense lawyerA foreign citizen whose presence in the U.S. depends on a visa or green card must avoid actions that could attract the attention of U.S. Immigration and Customs Enforcement (ICE) and result in deportation from the U.S. Being convicted of a crime, such as driving under the influence (DUI), can result in your being detained by ICE officers. 

What Are the Responsibilities of ICE?

ICE handles a variety of issues related to immigration, including:

  • Preventing terrorism;
  • Combating international crimes such as drug and weapons trafficking;
  • Identifying and removing aliens who have committed crimes and therefore present a risk to public safety; and
  • Arresting aliens who have entered the U.S. illegally or have committed some type of immigration fraud.

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What Are the Financial Obligations of Sponsors in Immigration Cases?

 Posted on March 02, 2022 in Immigration

Orlando Immigration LawyersMany immigrants to the U.S. are dependent on a parent, spouse, or sibling to sponsor them for a family-based visa. Sponsorship is a bigger responsibility than many people realize. The sponsor must file an affidavit of support for the immigrant, which is a legally enforceable contract that commits the sponsor to financially support the immigrant until they have either become a U.S. citizen or have been credited by the Social Security Administration with 40 quarters of paid work (10 years). 

If an immigrant sponsored by a U.S. citizen or Green Card holder accepts means-tested public aid, the sponsor may be required to repay the cost of those benefits. Means-tested public aid programs include:

  • Temporary Assistance for Needy Families (TANF), which provides financial assistance to help pay for food, shelter, and utilities for families with dependent children; 

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