Temporary Protected Status (TPS) for El Salvador Extended for Another 18 Months!
The Secretary of the Department of Homeland Security has extended the Temporary Protected Status (TPS) period for eligible nationals of El Salvador. The extension will increase the protected status for an additional 18 months. The extension goes into effect on March 10, 2015 through September 9, 2016.
How To Apply:
Current Salvadoran beneficiaries of TPS seeking to extend their TPS status must re-register during the 60 day period that runs from January 7, 2015 – March 9, 2015.
El Salvadoran nationals applying for TPS for the first time may only apply if he or she has resided in the United States since January 7, 2015 and have been continuously physically present since April 1, 2015.
A new immigration law extended the Afghan Special Immigrant Visa Program through the end of calendar year 2014. The Afghan Allies Protection Act was initially enacted in 2009 to permit Afghan nationals, most of whom served as translators for the U.S. military, to be granted United States immigrant visas. After being plagued by extensive backlogs, the program has resulted in the issuance of thousands of visas over the past year. The new immigration law authorizes an additional 1,000 visas to supplement the 3,000 visas already issued in 2014. The deadline to file is December 31, 2014.
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!
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.
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!
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!
If you entered the United States “legally,” you probably came to this country with a valid nonimmigrant visa, such as a student visa, tourist visa, or temporary work visa. Some people are even allowed into the U.S. on a visa waiver or with a special pass at one of the U.S. borders. In either event, you would have been inspected by an immigration official at your point of entry and allowed into the United States. This method of entering the U.S. makes it easier for you to file for an Adjustment of Status in the U.S. Your U.S. citizen spouse can file a Petition for Alien Relative to apply for your green card.
However, did you know that even if you are now staying in the U.S. past the date of your authorized stay, , you are still eligible for a marriage based green card? A green card is still available to you even if you are “out of status” or are staying here illegally. If you have overstayed by six months or more since April 1, 1997 you may still apply but would need a waiver. It is very important to note that if you leave the country, you would be barred from returning for three or ten years, depending on the length of your unauthorized stay. Immigration law is a complicated field. Your personal immigration path may have twists and turns that you did not expect! We can help you to make your journey as smooth as possible. Contact Your Immigration Angel today for your free consultation!
There are two paths to apply for a marriage based green card. Which path is right for you depends on your individual circumstances. The two methods are:
1.) If you are outside of the United States, then you can apply through a consular process and have your interview at the U.S. consulate in your county.
2.) If you are currently in the United States, then you can apply to adjust status from within the U.S. and you will have the interview in the U.S.
If you are in the U.S., the USCIS will review your application based on if you came into the U.S. with an inspection or entered the U.S. without an inspection. If you have fallen out of lawful status but you entered the U.S. legally, and had an inspection by an immigration official, you can generally obtain your green card from within the U.S. If you are in the U.S. without lawful status, then you cannot change your status from within the U.S. You will have to return to your home country to proceed through a consular process unless you qualify for an exception to this general rule as the spouse of a U.S. citizen. Immigration law is very complicated and errors or problems with your petition for a green card can ruin the chances for success now and in the future. For assistance with your marriage based green card, please contact Your Immigration Angel today!
As a lawful permanent resident (LPR) of the United States, you are allowed to live in the United States indefinitely even if you are still a foreign national. Permanent residency also entitles you to work in the United States and to travel in and out of the United States without seeking additional visas or permissions. However, what is usually most important to many LPRs is the ability to petition for a foreign spouse or child(ren) to be granted permanent residency through a green card. You can petition for your spouse and children and there are always green cards available, because they are immediate relatives! For more information on petitioning for your spouse and child(ren), contact Your Immigration Angel today!