Escalante LawEscalante Law2024-03-13T12:31:48Zhttps://www.escalantelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503300/2022/11/cropped-Site-Graphic-32x32.pngOn Behalf of Marisol L. Escalante Law Offices, LLChttps://www.escalantelaw.com/?p=505102024-03-13T12:31:48Z2024-03-13T12:31:48ZImmigrating into the United States is the dream of many people. For some, their time in this country is limited because they’re only here on a temporary visa.
An adjustment of status is an avenue to transition from a temporary status to a permanent resident. There are very specific criteria for these cases, so anyone who’s considering this path should ensure they understand those.
Understanding adjustment of status in U.S. immigration
Adjustment of status is a critical process that allows individuals already present in the U.S. to apply for lawful permanent resident status, which is commonly referred to as obtaining a green card. A successful adjustment of status means they don’t need to leave the country to complete the process.
Eligibility criteria for adjustment of status
To be eligible for adjustment of status, applicants must meet specific criteria set forth by the U.S. Citizenship and Immigration Services (USCIS). Primarily, the individual must meet these criteria:
Be physically present in the U.S. at the time of application
Have entered the country legally
Have a visa immediately available to them in their category
It's important to note that certain grounds of inadmissibility, such as criminal convictions or previous immigration violations, can disqualify someone from adjusting their status. There may be waivers available in some cases.Going through the adjustment of status process can be complex. Understanding the steps and how to handle each one can take some of the stress off the applicant. Applicants can work with someone familiar with applicable immigration laws so they can make it through the process as easily as possible. ]]>On Behalf of Marisol L. Escalante Law Offices, LLChttps://www.escalantelaw.com/?p=505082024-02-26T23:03:20Z2024-02-26T23:03:20Zreasons why individuals may face deportation from the USA.
Visa status violation
Violating the terms of your visa in the United States is a common reason for deportation. This can include overstaying the duration allowed by your visa, engaging in unauthorized employment or failing to maintain the required student status if you are on a student visa. Any breach of the conditions outlined in your visa can lead to deportation proceedings initiated by immigration authorities.
Participation in criminal acts
Temporary residents in the USA caught participating in crime risk deportation. This includes committing felonies such as drug trafficking, violent crimes, fraud or any offense deemed serious enough to warrant removal from the country. Even misdemeanors can trigger deportation proceedings depending on the severity and circumstances of the crime. Immigration authorities closely monitor criminal activity among non-citizen residents, and conviction for certain offenses can result in immediate deportation proceedings following the completion of any criminal sentence.
National security concerns
Individuals who pose a threat to national security or have ties to terrorist organizations may be subject to deportation. This includes individuals involved in espionage, terrorism or other activities deemed detrimental to the safety and security of the United States. Immigration authorities work closely with law enforcement and intelligence agencies to identify and remove individuals who pose such threats to national security.
Getting deported from the United States can result in long-term consequences for future immigration prospects, as individuals who have been deported may face difficulty in obtaining visas or other forms of legal status in the future. If you have related concerns, seeking legal guidance can help you to understand complex immigration laws and procedures in order to better ensure compliance and mitigate the risk of deportation.]]>On Behalf of Marisol L. Escalante Law Offices, LLChttps://www.escalantelaw.com/?p=505072024-02-11T16:06:48Z2024-02-11T16:06:48Za K1 visa. Other prerequisites for a fiancé visa include the following.
Proof of a bonafide relationship
You and your partner must prove that you have a genuine relationship and intend to tie the knot within 90 days of their arrival in the country. This entails presenting evidence of your relationship, such as photographs, communication records and testimony from friends and family attesting to the legitimacy of your relationship. You must also prove you have met your partner in person at least once within two years of applying for the visa, although some exceptions apply, allowing you to bypass this requirement.
You must be legally free to marry
Both you and your partner should not be currently married to someone else or in violation of any laws prohibiting marriage. This means you must be single, divorced, widowed or have had your previous marriage annulled.
Financial requirements
You must demonstrate your ability to financially support your fiancé upon their arrival in the U.S. if they cannot do so themselves. You may be needed to provide financial evidence showing that you meet the minimum income threshold required by the United States Citizenship and Immigration Services (USCIS).
Admissibility to the U.S.
Your fiancé must pass a background check to ensure they do not have a criminal history that would render them inadmissible to the U.S. They must also undergo a medical examination by an approved physician to check for any health issues that would pose a health risk to the public.
It’s worth noting that obtaining a K1 visa can be complex and time-consuming due to the paperwork and procedures involved. Additionally, you may encounter some hurdles, like requests for additional evidence or delays in processing. Seeking legal guidance can help you navigate the process effectively and increase the chances of a successful outcome.]]>On Behalf of Marisol L. Escalante Law Offices, LLChttps://www.escalantelaw.com/?p=505062024-01-27T01:21:05Z2024-01-27T01:21:05ZOlder adults may qualify for exemptions
The United States Citizenship and Immigration Services (USCIS) offers study materials for some immigrants and exemptions for others. Learning a language is easiest when people are relatively young. Older adults may find it particularly difficult to become fluent in English.
If older applicants stay in the United States for long enough, they can become citizens without performing an English test. Applicants who are 50 years old or older who have been lawful permanent residents for at least 20 years are exempt from the English language test. Those who are 55 years or older and who have been permanent residents for at least 15 years are also exempt.
They do have to pass a Civics test, but they can take it in the language they speak proficiently with the help of an interpreter. Those who are 65 years old or older and who have been lawful permanent residents for 20 years do not have to take the English test. They can receive both interpreter support and special test forms for the Civics test. There is also support available for those with disabling medical conditions.
Learning about the rules for naturalization testing, and seeking legal guidance whenever necessary, may help people recognize when they qualify for an exemption.]]>On Behalf of Marisol L. Escalante Law Offices, LLChttps://www.escalantelaw.com/?p=505052024-01-18T17:14:08Z2024-01-18T17:14:08ZIf you forfeit it
You may opt to vacate your green card and leave the U.S. voluntarily for personal reasons. In this case, you will be required to fill and submit Form I-407 (a Record of Abandonment of Lawful Permanent Resident Status).
If you live out of the U.S. for an extended period
A green card allows you to leave and enter the country as many times as you wish. However, you may not continuously live outside the U.S. for as long as you wish. In other words, you cannot live outside the U.S. continually for more than one year. If this happens, the U.S. Customs and Border Protection Agency will presume that you have abandoned your green card.
If you commit immigration fraud
Immigration fraud is not uncommon. If you lie to obtain any form of immigration benefits, you will be considered to have committed immigration fraud. A common example of this is marrying for a green card. Besides losing your permanent residency status, committing immigration fraud can lead to serious legal consequences that may include heavy fines and jail time.
Protecting your rights
If you have realized your dream to live and work in the U.S. permanently, you need to take proactive steps to protect this accomplishment. Understanding how immigration laws work can help you avoid missteps that can lead to the revocation of your green card.]]>On Behalf of Marisol L. Escalante Law Offices, LLChttps://www.escalantelaw.com/?p=505042024-01-01T18:00:54Z2024-01-01T18:00:54ZMany immigrants ultimately seek to get a green card so that they can gain legal permanent residence in the U.S. Once a green card is obtained, immigrants can work and live in the U.S.
However, an immigrant's desire to get a green card may be thwarted during the application process. Here’s why a green card application may be denied:
1. Issues with the application
Applying for a green card isn’t easy. The biggest problem that many immigrants face is confusing language on a green card application. For example, it’s often important that any of the immigrant’s documents should be translated. Furthermore, the immigrant must include all information asked on the application. And, any fees must be paid in full, which can range from hundreds to thousands of dollars.
2. Criminal history
Many immigrants are restricted from having green cards because of their criminal history. Any against a person, “crimes of moral turpitude” or crimes against the government may bar an immigrant from getting a green card.
3. Illegal entry into the United States
For an immigrant to get a green card, they must have legally entered the U.S. This means that the immigrant must be sponsored by a family member or employer, or have sought asylum or are victims of abuse. Entering the U.S. in any other way may be considered illegal.
4. Medical issues
An immigrant who has a history of drug abuse, mental illness or contagious disease may not be able to apply for a green card.
5. Illegitimate marriage
One of the ways immigrants get green cards is if they marry someone who is a permanent resident in the U.S. However, this marriage must be legitimate. If the marriage is, for example, only meant to last until the immigrant gets their green card, then the marriage is not legitimate. Knowing this is important during the green card application. Any difficulties during the process may require the assistance of someone who understands the law.]]>On Behalf of Marisol L. Escalante Law Offices, LLChttps://www.escalantelaw.com/?p=505002023-12-20T02:33:46Z2023-12-20T02:33:46Zbring children to the U.S. largely depends on a sponsoring immigrant's status, the age and marital status of the children in question and the specific immigration laws that apply to their unique circumstances.
Family-based immigration
This is the most common way for immigrants to bring their children to the U.S. U.S. citizens and lawful permanent residents (LPRs, or green card holders) can sponsor their children for immigration. For U.S. citizens, their unmarried children under 21 are considered "immediate relatives" and can usually immigrate relatively quickly. There are also provisions for married children and those over 21, but these categories often have longer waiting periods due to visa limitations.
Refugees and asylees
Refugees and asylees can apply to bring their children to the U.S. through the family reunification process. This process typically allows them to bring their unmarried children under 21. It’s important for refugees and asylees to apply on behalf of their children within a specific time frame after being granted asylum or refugee status.
Employment-based immigration
In some cases, when an individual is immigrating to the U.S. for work, they can bring their dependents, including children, with them. These dependents can enter the U.S. on derivative visas linked to the primary applicant's employment-based visa. Additionally, there are various other visa categories, such as student or investor visas, where dependents can accompany the primary visa holder.
With all of this said, immigration laws are complex and subject to change. As a result, those who are looking to bring children to the U.S. can benefit from seeking personalized legal guidance as they pursue their goals.
]]>On Behalf of Marisol L. Escalante Law Offices, LLChttps://www.escalantelaw.com/?p=504962023-12-04T02:47:41Z2023-12-04T02:47:41ZOnly citizens can help siblings immigrate
There are many different family immigration programs operated by the United States Citizenship and Immigration Services (USCIS). Individuals who enter the country with visas or who become permanent residents can provide immigration opportunities for their spouses and unmarried minor children.
Those who want to reconnect with their brothers or sisters need to be U.S. citizens. Both natural-born and naturalized citizens can help their siblings obtain green cards. These family members can enter the country as permanent residents if they meet all of the criteria maintained by the USCIS.
The sibling who is a citizen will need to submit Form I-130. They will need proof of their citizenship. Additionally, both the citizen and their sibling will need to submit copies of their birth certificates to confirm they share a parent. The sibling who seeks to come to the U.S. will also need to provide medical records and undergo a thorough background check to qualify for a green card.
Having experienced guidance can help you make the process go more smoothly for you and your sibling seeking to obtain a green card.]]>On Behalf of Marisol L. Escalante Law Offices, LLChttps://www.escalantelaw.com/?p=504952023-11-17T05:00:46Z2023-11-17T05:00:46ZThe United States has a rich cultural tradition of accepting immigrants. In 2019, immigrants made up over 13% of the population and this number has continued to grow.
Most people have heard of the “American dream” and the country’s reputation for being the land of the free. What is it that makes the U.S. so popular to immigrants?
The job market
Some of the world’s largest corporations are based in the United States. This means that there are a host of career opportunities available at any one time. Large companies pay well, have access to the latest technology and offer unrivalled career progression. The job market in the U.S. is just one reason why so many immigrants make the move each year.
Educational opportunities
If you look up the list of top universities in the world, the majority of them will be in the United States. It’s a dream for many to attend these institutions, and this includes immigrants from across the world. At any one time, there are well over 1 million international students studying at campuses across the states.
Safety
Relatively speaking, the United States is an extremely safe country. It is free from large-scale conflicts and persecution. Moving to the U.S. is not so much a dream for many, but more of a necessity. There are several legal pathways for immigrants to enter the U.S. as a means of fleeing violence and persecution. If you’re considering a move to the U.S. then it’s important to take the right approach. There are several factors to consider, and immigration applications must adhere to strict regulations. Seek legal guidance to ensure that you take the appropriate steps in your circumstances. ]]>On Behalf of Marisol L. Escalante Law Offices, LLChttps://www.escalantelaw.com/?p=504922023-11-06T01:53:10Z2023-11-06T01:53:10ZThey must file the right paperwork
The United States Citizenship and Immigration Services (USCIS) requires that those who enter the country through marriage file paperwork sooner than other permanent residents. The average permanent resident only has to submit documents every 10 years.
Someone with a conditional green card will have to submit Form I-75 and pay certain fees two years after obtaining their green card. They will typically need to remain in compliance with all laws and immigration requirements until those two years pass. They also need to remain married or risk being unable to obtain a standard green card without conditions attached.
There are, of course, a few exceptions to these rules that may benefit those leaving an abusive marriage or who experience criminal activity committed by their spouses. Most people who qualify for a conditional green card through marriage will be able to remove the conditions on their green cards after two years and will then have the same rights and freedoms as any other permanent resident.
Learning more about the different rules that apply to people in different immigration situations may help those who enter the country through marriage remain here permanently. Seeking legal guidance is a good way to get started.]]>