Even if you are an immigrant , you still have LEGAL RIGHTS if you have been abused!

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There are a number of helpful legal services available to abused immigrants.  Often, when the abuser is a U.S. citizen, he or she may try to use the victim’s immigration status against him or her.  Don’t let this happen to you if you are an immigrant who has been the victim of domestic violence or abuse!

We can offer you many types of assistance to aid you if you are being abused.  We can help you assess your circumstances and if possible, we will offer you help in changing your situation.  Our free initial consultation is confidential and private.  We are both friendly and supportive of individuals in need of assistance.  Don’t be afraid to call us today!

We can help you protect your safety:

  • Temporary & Permanent Restraining Orders
  • U visa for victims of crime (including domestic violence)
  • T visa for victims of extreme trafficking in persons
  • S visa for being of assistance to law enforcement

We can help you obtain a U.S. green card:

  • Abused Spouse Immigrant Visa Petitions (VAWA application)
  • Marriage-Based & Immediate Relative Immigrant Visas
  • Gender & domestic violence based Asylum
  • Substitution of Marriage-Based Immigrant Visa for Battered Spouse Immigrant visa to continue the adjustment of status (permanent residency application) process
  • Adjustment of Status Application (green card application)
  • Advance Parole filings (for travel outside the U.S.)
  • FOIA requests to get a complete copy of your immigration file from USCIS

You CAN obtain a green card for your child(ren) when you obtain a marriage based green card through your U.S. citizen spouse!

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If your petitioning spouse is a U.S. citizen the children are full biological children or legal step-children, they may qualify for green cards as the U.S. petitioner’s immediate relatives.  The children must be unmarried and under 21, and if they are step-children, they must have been under 18 years of age when you married.   Immigration laws give a high priority to applicants who are immediate relatives.   Also, there are no annual limits on the number of green cards issued for immediate relatives, and waiting periods. Your Immigration Angel is available to help you with any of your immigration needs today!  Call or email for a free consultation.

Your child(ren) CAN accompany you to the United States on a K visa too!

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If you are a qualified K-3 nonimmigrant visa applicant, your child may be eligible for a K-4 visa.  USCIS will allow your child to accompany you if he or she is 21 years of age or under, and is unmarried.  Additionally, for the children of the non-citizen parent to be eligible for the K-4 U.S. visa, the parent’s marriage to the petitioning U.S. citizen spouse must have occurred before the child(ren) were 18 years of age.

Do You Know About the Benefits of Obtaining a U.S. Fiancé(e) Visa? Here is what the K-3 and K-4 Visas Can Offer You:

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There are a number of benefits associated with the K-3 visa or K-4 visa, also known as the fiancé(e) visa.

  • K-3 visa applicants may apply to adjust status to a permanent resident at any time after being admitted to the United States.
  • A K-4 nonimmigrants may file their application for adjustment of status concurrently upon admission to the United States.  The application may be filed with or at any time after a Petition for Alien Relative has been filed on his or her behalf by the U.S. citizen spouse petitioner.
  • K-3 and K-4 nonimmigrant visa holders may both obtain employment authorization upon admission to the United States. Evidence of eligibility to work legally in the United States may be obtained by filing an Application for Employment Authorization, or EAD.
  • K-3 and K-4 nonimmigrant visa holders may also apply for employment authorization after filing an application for adjustment of status, based on that pending application. This is possible even if the K-3 or K-4 nonimmigrant status expires.

If you would like assistance with your K-3 or K-4 visa, or need help with your adjustment of status or work authorization, feel free to call or email today!  We are available immediately to guide you on your immigration path!

USCIS Thanks Our Courageous Veterans and Service Members with U.S. Citizenship for Spouses and Children of Military Service Members

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If you are the spouse of a U.S. citizen member of the U.S. armed forces, and your spouse is or will be deployed, you may be eligible for expedited naturalization or for overseas processing. Certain spouses may be eligible for expedited naturalization in the United States and may not be required to establish any prior period of residence or specified period of physical presence within the United States, as generally required for naturalization.  Children of U.S. citizen military members deployed abroad may be eligible for overseas processing.  For more information on how you may obtain your U.S. citizenship through your military service member or veteran spouse, please feel free to contact us for assistance!

Did You Know that Your Military Service May Provide You with U.S. Citizenship by Naturalization?

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You may be eligible for U.S. Citizenship by naturalization through one year of military service during peacetime.  If you served honorably in the U.S. armed forces for one year at any time, you may be eligible to apply for naturalization, or “peacetime naturalization.”    While some of the general naturalization requirements apply to qualifying members or veterans of the U.S. armed forces seeking to naturalize based on one year of service, other requirements may not apply or are reduced.

To be eligible, you must establish that you:

  • Are 18 years of age or older
  • must have served honorably in the U.S. armed forces for at least one year
  • must be a lawful permanent resident (LPR) at the time of examination on the naturalization application.
  • must meet certain residence and physical presence requirements.
  • must demonstrate an ability to understand English including an ability to read, write, and speak English.
  • must demonstrate knowledge of U.S. history and government.
  • must demonstrate good moral character for at least five years prior to filing the application until the time of his or her naturalization.
  • must have an attachment to the principles of the U.S. Constitution and be well disposed to the good order and happiness of the U.S. during all relevant periods under the law.

It Doesn’t Matter Where You Live in the United States!   If You and Your Same Sex Spouse were Married in a State that Recognizes Same Sex Marriage, You Can Petition for Your Spouse’s Green Card!

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You and your same sex spouse may be currently living in a state that does not recognize the validity of your marriage.  USCIS evaluates the marriage of any U.S. citizen or lawful permanent resident petitioner, based on the laws of the State or place where the marriage took place.  As long as the State, territory or foreign country that performed the marriage recognizes the marriage, then it is valid for U.S. immigration law.  An individual may live in a State that does not accept gay marriages as legal and still file for his or her noncitizen spouse.  Immigration laws can be tricky to navigate; if you need assistance, call or email Your Immigration Angel for your free initial consultation.

Exchange Visitors Take Note!

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Important New Rules for Sponsors Involved in the Exchange Visitor Program

The Department of State is amending the rules covering the designation of sponsors in the Exchange Visitor Program.   This rule encompasses technical changes to the general provisions and addresses public diplomacy and foreign policy concerns, including the Department’s ability to monitor sponsors to protect the health, safety and welfare of foreign nationals who come to the United States as exchange visitors.  Specifically, this rule requires more specific filing requirements for entities seeking to become designated sponsors and for sponsors seeking to renew their designations.  This includes requiring proposed and current Responsible Officers and Alternate Responsible Officers to undergo criminal background checks. The new rule adopts a requirement that private sector sponsors submit management reviews in a format and on a schedule determined by the Department.

Are YOU Admissible to the U.S.?

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How to Determine Admissibility to the U.S. for a Green Card Application

 

“Admission” means the lawful entry into the U.S. after inspection and authorization by a United States immigration officer.

 

Under U.S. Immigration law, a  person is seeking admission when he or she:

  •  is present at the border or port of entry and seeks permission to enter the U.S.
  • is physically present in the U.S., but entered without inspection
  •  applies for an adjustment of status to  become a lawful permanent resident, such as through a marriage green card

 

Additionally, in some instances, a lawfully admitted individual may travel abroad after being convicted of a crime and then want to return to the U.S., which is also considered seeking (re)admission.

If you are considering petitioning for your spouse to obtain a green card, let us help you so that you can avoid being separated from your loved one  and can maintain your family unity. We know that separation is difficult for you.  Your Immigration Angel can help you to  secure the right family visas to allow you to unite with your spouses and family members.  Call or email for a free consultation today!

Marriage Based U.S. Immigration: You’ve Got Options!

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Every year, tens of thousands of United States Visas are issued to people who live overseas and are married or engaged to be married to an American Citizen.  A U.S. visa allows them to move to the United States and be with their loved ones.  There are a number of ways to obtain a U.S Visa to join your spouse or fiancé(e).    If you are a foreign citizen and are engaged to a U.S. citizen, the most common way of coming to the U.S. is with a K-1 fiancé(e) Visa.   For a foreign citizen spouse, there are several common ways to come the U.S., each with their own benefits.  Below is a list of visas that can be obtained to bring a foreign fiancé(e) or spouse to the U.S. 

Immigration options for a foreign fiancé(e) living overseas:

  • Fiancé(e) Visa K-1

Immigration options for a foreign spouse living overseas:

  • Spouse Visa K-3
  • Spouse Visa IR-1 or CR-1
  • Consular Processing

If you have any questions about obtaining a U.S. visa through your spouse or fiancé(e), call or email Your Immigration Angel for a free initial consultation.  We can assist you today!