Posted on August 01,2019 in family-based immigration

As an immigrant living in Texas after attaining your U.S. citizenship, you probably have family members still living in your native country. If you wish to help them gain entry into the U.S., you will be pleased to know that you and they have many visa options from which to choose.

The U.S. Department of State Bureau of Consular Affairs explains that family immigration visas fall within two categories, Immediate Relative Immigrant Visas and Family Preference Immigrant Visas.

Immediate Relative Immigrant Visas

These types of visas apply to your immediate family members such as the following:

• The IR-1 visa applies to your spouse
• The IR-2 visas apply to your unmarried child(ren) who are under 21 years of age
• The IR-3 visas apply to any orphan(s) you adopted abroad

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 Posted on August 01,2019 in fiancé visas

Because the United States Citizenship and Immigration Services offers special immigration options for foreign nationals who are married to U.S. citizens, some people in Texas may feel tempted to enter into an arranged marriage just to gain a green card. As FindLaw explains, this is marriage fraud, and the USCIS has methods for attempting to catch those who try it.

One of these is the marriage interview.

Interview information requests

Although the questions vary, The New York Times reports that immigration officers often want the spouses to verify the following information about their relationship in separate interviews:

• When, where and how they met

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 Posted on July 01,2019 in green cards

A green card allows an individual to permanently live and work in the United States. If you are eligible for this document, you must follow the application process carefully to successfully receive green card status.

Follow these steps to apply for permanent U.S. residency when you are already living in the country.

Select your eligibility category

The green card process varies based on your eligibility category. You may be eligible as a family member, employee, refugee, crime victim or a member of another group.

File an immigrant petition

Depending on your category, you may be able to file your own petition. Otherwise, a family member or employer must file one on your behalf as applicable.

Check visa availability

The U.S. Department of State allocates a limited number of visas by category. Generally, you must wait until a visa becomes available in your category before moving forward with the green card process.

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 Posted on July 01,2019 in green cards

A green card allows you to live legally in the United States. With this document, you can make your home in Texas, secure a job and take advantage of other benefits from being a legal immigrant. There are many ways you can secure a green card, according to the U.S. Citizenship and Immigration Services. Some methods require you know people already living in the United States while others allow you to pave your own way.

Green cards are available if you are a crime victim or refugee. You may also get one when seeking asylum in the country. If you are a victim of abuse from a U.S. Citizen, lawful permanent resident or Cuban native, then you may also qualify. You may also file for a green card if you have been living in the country since before January 1, 1972 continuously.

If you have a special immigrant status, you may also get a card. Special includes working as a member of the media, a juvenile who has been abandoned, abused or neglected by your parents and religious workers. You may also be considered special if you are a retired employee of NATO or other international organizations.

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 Posted on July 01,2019 in family-based immigration

If you wish to get married in Texas to someone who is not a U.S. citizen, then there are some things you will have to do to ensure he or she is legally allowed in the country. This involves getting a fiancé visa or a K-1 visa. You may have seen the popular TV show about this topic where people get married within 90 days of their fiancé coming to the country. There is a very good reason that the focus is on those 90 days.

According to the U.S. Citizenship and Immigration Services, you have to get married to the person using the K-1 visa within 90 days of them entering the country. However, that is only a small part of the whole process.

Your first step in the process is to file the correct forms and get recognition from the U.S. of your relationship. You may need to provide evidence as well. Once you have an approval of your relationship status, your fiancé can then file for the visa.

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 Posted on June 01,2019 in family-based immigration

Entering the United States through Texas or any other border requires all potential immigrants to undergo a serious of tests and pass specific criteria before obtaining a visa. The answers given may automatically disqualify some from continuing the process.

In certain circumstances, the person can apply for a waiver overlooking the portion of the application that the government deems inadmissible.

Inadmissible conditions

United States Code Title 8 is the section of the law which sets forth the criteria that automatically render an applicant ineligible for immigration into the country. These conditions include the following:

• Medical reasons – Contraction of or failure to immunize against infectious diseases which present a considerable risk to the population; certain mental health conditions and behaviors fall into this category

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 Posted on June 01,2019 in family-based immigration

As you help your loved one complete the application to request a provisional unlawful presence waiver in Texas, you may feel overwhelmed by the paperwork involved in completing the requirements. At the Law Office of Jae Lee, we often provide advice and assistance to people filling out these documents.

According to the U.S. Citizenship and Immigration Services, the I-601A form must include extensive information about your loved one, including the following:

• Alien registration number (if there is one)
• Family name
• Physical U.S. address
• Birth date
• Birth country

There will also be a section where your loved one will provide information about his or her immigrant visa case. This includes the basis for his or her immigration to the U.S., the KCC case number (if there is one), the receipt number from the USCIS for the approved immigrant visa petition (if there is one) and, if applicable, the NVC case number.

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 Posted on June 01,2019 in family-based immigration

If the U.S. immigration services determine you are not eligible to come into the country, you may not be able to move here and make Texas your home. However, you may also qualify for an exemption to your inadmissibility. Do keep in mind such exceptions are not given freely. You will have to meet strict requirements. The specific waiver you may be able to get is based on the extreme hardship policy.

The U.S. Citizenship and Immigration Services admits that there is no one firm definition of what qualifies as an extreme hardship. This complicates things. However, the idea behind this waiver is to prevent cases of unusual hardship for U.S. citizens who have a family member who is not allowed entry to the U.S.

The key here is that the hardship has to be something beyond normal. So, for example, saying the hardship would be monetary only would probably not qualify as extreme because that is a very normal occurrence. You would need something that is unusual and not common. It is very normal for every single family who has a member denied entry to experience some hardship because of the denial. Extreme hardship goes further than that.

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 Posted on June 01,2019 in green cards

Being legally in the United States and in Texas gives you many perks. You are able to find employment, attend school and take advantage of other benefits. If you have a green card, it is not a lifelong pass to stay in this country. Depending on the type of card, you may have to renew it or you may need to take additional steps to ensure it remains valid.

U.S. Citizenship and Immigration Services explains that you may have a 10-year or 2-year green card. If you have a 2-year green card, you cannot renew it. You will, instead, need to petition to remove the conditions on your card. You may do this if you have a family-based reason by using Form I-751. You may also do this if you are an entrepreneur or an investor using Form I-829.

If you have a 10-year green card, then you can renew it. You will do so using Form I-90. You may file this form either online or through the mail. It is important to plan ahead. When you know your renewal time is coming up, you should start the process within six months to allow enough time to prevent a lapse.

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 Posted on June 01,2019 in naturalization & citizenship

Many undocumented immigrants in the United States have immediate relatives who are U.S. citizens. Through their unlawful presence in the country, these individuals may have jeopardized their ability to lawfully change their status, even though they may otherwise be eligible because of their family relationship to a citizen.

It may still be possible for immigrants to adjust their status, but they must leave the country to legally obtain an immigrant visa. Before they do so, they may file Form I-601A for a provisional waiver.

Eligibility

The U.S. Citizenship and Immigration Services explains that foreign nationals who are statutorily eligible to acquire an immigrant visa may apply to waive their inadmissibility due to their unlawful presence. The waiver is provisional, and it does not change the process of obtaining an immigrant visa. It does not take effect until the foreign national leaves the U.S., appears for the immigrant visa interview, and the Department of State consular officer deems him or her admissible to the U.S. and eligible for the immigrant visa.

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