Family & Individual Immigration Archives - Ship Immigration

B1/B2 VISITOR VISA

Rose Hernandez — Wed, 22 Jul 2015 13:47:24 +0000

A B-1 visa is for temporary visitors who wish to engage in business activities, but not productive work, while in the U.S. A B-2 visa is for temporary visitors who wish to engage in personal activities, such as visiting family, shopping, and sightseeing. Citizens of certain countries are permitted to visit the U.S. without a visa through the Visa Waiver program. To enter on Visa Waiver, a visitor must first register on the ESTA site.

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Spouse of U.S. Citizen

Rose Hernandez — Wed, 22 Jul 2015 13:43:33 +0000

A person married to a U.S. citizen may pursue permanent residence through that family relationship. The case will always involve at least two phases: one for the U.S. citizen spouse to petition the government to recognize the family relationship and to classify the foreign national spouses as the “immediate relative” of a U.S. citizen, and another for the foreign national to actually apply for the permanent residence benefit.

If the foreign national spouse is outside the U.S., perhaps because she has never been to the U.S. in her life, or perhaps because she returned abroad after a temporary stay in the U.S., she will need to apply for an immigrant visa at the U.S. consulate in her country after the immediate relative family petition is approved. The consulate does background checks to make sure the foreign national spouse is not barred from obtaining permanent residence by a criminal background, misrepresentation, previous immigration violation, or other ground, and requires a medical exam to demonstrate the foreign national has been vaccinated and is not barred by substance abuse issues. The consulate also checks for proof that the marriage underlying the immigrant visa application was entered into in good faith.

On the other hand, if the foreign national spouse is inside the U.S., he may apply for adjustment of status to permanent residence at the same time (“concurrently”) with the immediate relative petition. Call it a two-step! Adjustment of status requires that the foreign national spouse show he entered the U.S. with inspection by border officials and that he is not inadmissible, or ineligible according the government regulations for permanent residence.

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K-1 VISA FOR FIANCÉ OF U.S. CITIZEN

Rose Hernandez — Wed, 22 Jul 2015 00:44:02 +0000

The K-1 is a visa for the fiancé/fiancée of a U.S. citizen who intends to come to the U.S. to marry. The U.S. citizen must first file a fiancé petition with the U.S. Citizenship and Immigration Service (USCIS), which takes some months to be decided. Then, the foreign national fiancé files a visa and is interviewed at the U.S. consulate in his or her country of origin. The consulate requires evidence of a good faith or “real” relationship for the interview.

Around the world, many K-1 visas are denied at the interview stage, and careful preparation can make a big difference. If the K-1 visa is issued, the foreign national travels to the U.S. in K-1 status, and must marry within 90 days or return abroad. If the marriage occurs as planned within 90 days of entry, as the final stage of the case, the foreign national applies for adjustment of status to permanent residence.

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F-1 STUDENT VISA

Rose Hernandez — Tue, 21 Jul 2015 18:27:51 +0000

The F-1 Visa category is an option for an academic student who will enroll as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program. The F-1 student must be enrolled in a program or course of study that ends in a degree, diploma, or certificate and the school must be authorized by the U.S. government to accept international students.

F-1 students can work in the U.S. under certain circumstances. Foreign students may be able to work on campus, and off-campus options include:

➼ Curricular Practical Training (CPT)
➼ Optional Practical Training (OPT) (pre-completion or post-completion)
➼ Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT).

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I-751 Petition to Remove Conditions on Pemanent Residence

Rose Hernandez — Tue, 21 Jul 2015 00:44:34 +0000

For some families, one of the first priorities after getting married is obtaining permanent residence for the foreign national spouse. This is understandable because in the U.S. today all kinds of things are tied to immigration status, including driver’s licenses, health insurance, mortgages, and more. The government has chosen to be a little more vigilant over newlywed immigration cases, however. If a couple has been married for less than two years on the date when the foreign national spouse becomes a Lawful Permanent Resident, the government reserves the right to take another look at the family two years later to make sure it is a good faith relationship. They do this by first issuing a Permanent Resident Card that is valid for just two years, rather than the normal ten-year card. During the 90-day period before the two-year card expires, the couple should file a petition together to remove the two-year condition. The joint petition requires much documentation.

The joint petition may not be required in cases where the couple has divorced, where abuse has occurred, or where the applicant would suffer extreme hardship if conditions are not removed. The timing and documentation needed for those cases are different.

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DACA – DEFERRED ACTION FOR CHILDHOOD ARRIVALS – TEMPORARY RELIEF FOR DREAMERS

Rose Hernandez — Mon, 20 Jul 2015 18:29:11 +0000

Deferred Action for Childhood Arrivals (DACA) is an administrative program that protects certain young people from deportation and provides work authorization during the same time two-year period. An applicant needs to have been present in the U.S. since at least June 15, 2007 through the present, have entered this country before age 16, have been age 30 or younger on June 15, 2012, have been without lawful status on June 15, 2012, and be a high school graduate (or GED) or be currently in school, and have a basically clean criminal record (no felonies or DUIs for example). DACA enrollees should apply to extend their protection from deportation and work authorization up to 150 days before expiration. In addition, if a DACA enrollee has a work, school, or humanitarian need to travel abroad, it is essential to obtain a DACA travel permit before departing.

Because DACA is an administrative program, young people whose cases are successful do not benefit from a path to permanent status based on DACA. Many DACA enrollees are eligible for permanent residence through family, employment, or humanitarian routes, however. It is important to consult with an experienced immigration attorney to resolve any doubts. You could be applying for DACA and discover permanent residence is within reach.

The DREAM Act is a proposed bill that Congress has not yet enacted. It would establish many of the same benefits for roughly the same people as DACA. The DREAM Act would also provide a path to permanent status.

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DAPA – Deferred Action for Parents temporary

john — Sun, 19 Jul 2015 15:44:05 +0000

On November 20, 2014, President Obama announced an expansion of deferred action for people who were brought to the U.S. as children, known as DACA. He also announced a new program of deferred action and work authorization for the parents of U.S. citizens and permanent residents. Expanded DACA and DAPA have been delayed in the courts. However, when they finally start, many people who have lived in the U.S. for decades and have close family ties to this country will benefit. This program will be very similar to DACA, with the same discretionary, case-by-case decisions, the same filing fee and also providing for three years of work authorization and protection from deportation. The requirements are:

A) Parent: Have a son or daughter who is a U.S. citizen or lawful permanent resident as of November 20, 2014
B) Continuous Residence: Have continuously resided in the United States since before January 1, 2010
C) Undocumented: Have no lawful status as of November 20, 2014
D) Physical presence: Be physically present in the U.S. on November 20, 2014, and on the date of application
E) Not be an enforcement priority. Those criteria are explained more fully here. The basic idea is that anyone who has been convicted of a felony, a significant misdemeanor (including DUI, domestic violence, sexual abuse) or three or more other misdemeanors (except for traffic offenses), or anyone who poses a danger to the U.S. because of gang membership or terrorist ties, cannot be approved for DAPA.

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I-130 Family Petition

Rose Hernandez — Sun, 19 Jul 2015 15:24:37 +0000

U.S. citizens and lawful permanent residents can request immigration for certain family members. There are other categories of family-based immigration aside from the spouses of U.S. citizens. Congress has decided which relatives can petition for which relatives, and set limits on the number of people who can immigrate each year in each category. On top of the limits by category of relationship, Congress has set limits on the percentage of immigrants from any one country per year. Short descriptions of each family-based category follow:
Immediate relative – spouse, minor child or parent of U.S. citizen (no annual limit)

➼ 1st preference – adult unmarried son or daughter of U.S. citizen
➼ 2A – spouse or minor child of lawful permanent resident
➼ 2B – adult unmarried son or daughter of lawful permanent resident
➼ 3rd preference – adult married son or daughter of U.S. citizen
➼ 4th preference – sibling of U.S. citizen

Because of the annual limits per category of family-based immigration, wait lists have developed for some people who would like to immigrate to the U.S. through family. The U.S. Department of State informs us of movement in the wait lists through its monthly Visa Bulletin, published at travel.state.gov/content/visas/english/law-and-policy/bulletin.

In some categories, the wait list is not too long, but for others it can take decades to reach the front of the line.

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NATURALIZATION

Rose Hernandez — Sat, 18 Jul 2015 18:29:42 +0000

People who are already permanent residents can apply for U.S. citizenship through naturalization once they have been present in the U.S. as permanent residents for long enough and show good moral character. A permanent resident who lives with his or her U.S. citizen spouse can apply after only three years, and five years as a permanent resident is the required period of time for just about everyone else. The naturalization application asks for an astounding level of detail, including every traffic ticket, trip abroad, and family member. Good moral character is impacted by full disclosure of relevant information, payment of any taxes or child support owed, and of course any criminal record.

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