Archive for category: Immigration

Family immigration difficult thanks to government policies

Current family immigration policies are slowing and hindering the immigration process. Families that live in the United States may have the right to seek permission for other family members to come live and work in the country with them. Family immigration is incredibly important for families that have been separated, but current government policies are making it even more difficult for Florida families to navigate this process.

One family has been trying for 14 years to bring their uncle to the United States. Despite following the appropriate procedures, completing paperwork and meeting requirements, they are still waiting. One of the main hurdles in achieving their immigration goals is how the United States limits green cards. Because of strict limits, the uncle has not been able to get one. It appears it will take even longer to bring him, his pregnant wife and child into the country.

Another factor delaying this case is the fact that global circumstances have led to the closure of many embassies and consulates, and it has slowed the processing of immigration applications. At the end of April, President Trump placed an order preventing legal immigrants from entering the country for at least 60 days. There were economic reasons for this, but it is a policy that is actually causing harm to some families.

Family immigration is complex, frustrating and difficult, especially when there are delays due to factors beyond anyone’s control. This is why it is important to work with an experienced Florida attorney from the very beginning of the application process. Having guidance can prevent unnecessary setbacks and help a family seek satisfactory conclusions to their immigration concerns.

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Appealing a removal order can be a complex process

Appealing a removal order can be challenging for immigrants looking for permanent residence. Immigration laws are complex, and there are changes to these laws on a regular basis. As a result, it can be difficult for an individual or Florida family to accomplish their immigration goals. While trying to get a green card or take the next step in the immigration process, it may become necessary to take steps to appeal a removal order.

It can be devastating to learn of a removal order, as this means the government intends to remove that individual from the United States. This can feel like a setback for many hardworking families and individuals who have been trying to obtain permission to live and work in the country. There are options for appealing this type of order and finding other alternatives than removal.

There are various appeals available to someone facing a removal order. The Board of Immigration Appeals and Circuit Court of Appeals consider these requests, or it may be possible to successfully file a motion to reopen an immigration case that was originally denied. There are also motions to stay deportation and motions for ICE stay of deportation. The right appeal or course of action depends on the details of the individual case.

It’s not easy to know what to do when an immigration case does not go as planned. While it’s intimidating to face the threat of removal, appealing a removal order is possible. Because of the various options available and the complex nature of these situations, it is beneficial to work with an experienced Florida immigration attorney from the very beginning of the process.

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The right steps to bringing a fiancé into the United States

The K-1 visa, or Fiancé Visa, is crucial to bringing your future spouse into the U.S. Living in the United States and raising a family here is the goal of many across the world. There are cases where a Florida resident wants to bring a fiancé here so they can marry and start their lives together. Bringing a fiancé into the United States can be a complex process, and it’s important to follow all of the appropriate steps to make this happen.

A citizen of the United States can take steps to bring his or her fiancé into the country with a certain type of visa. The K-1 visa, known as the fiancé visa, comes with very specific stipulations that the couple must meet. One of these requirements is that the couple marry once the fiancé arrives in the country. There are also requirements regarding the length of the relationship and more.

It can be complicated to complete the appropriate paperwork to get the K-1 visa and make plans for the fiancé to arrive in the country. There is also the cost of making travel arrangements and making sure to follow the right immigration processes once he or she arrives.  Even in seemingly simple and clear-cut cases, there is significant benefit in having experienced guidance at every step.

If a citizen wants to learn more about bringing a fiancé into the United States, it can help to start with a complete evaluation of the individual case. This can help an engaged couple understand their options and the steps necessary to meet these immigration goals. Immigration laws are complex and constantly evolving, and working with a knowledgeable Florida attorney can help reduce the chance of complications and setbacks.

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Is the US government questioning your marriage?

If you immigrated to the U.S. to marry a citizen, you may need to know how to prove your marriage is real to the government. Whether it was merely a few months or years ago that you met and fell in love with the person who is now your spouse, thinking back to that time might evoke mixed emotions. Perhaps, you were excited and joyful to think that you had found love and were planning a life together in the United States.

Maybe you chose Florida as the place to call home because you always wanted to live where the climate is warm and the seashore is near. Emigrating from another country to marry a U.S. citizen may have also made you feel a bit anxious, especially regarding all the paperwork and immigration processes you knew you’d have to navigate to accomplish your goals. If the U.S. government has questioned the legitimacy of your marriage, you might be feeling overwhelmed and afraid.

Be as prepared as possible

There’s no way to get out of a marriage interview if U.S. immigration officials have sent you notice to appear. If you’ve received notice and fail to appear, you’re at risk for serious legal problems. The best thing to do is to try to remain calm and prepare yourself for what lies ahead. A first logical step to take is to review your green card application to make sure everything you wrote is correct.

If you have moved to a different location or some other detail has changed since you filed your application, it’s important to let immigration officials know about it right away. You should expect to have to answer a lot of personal questions at the interview. You should also expect that you and your spouse may have to answer questions in separate rooms.

How much do you know about your spouse?

People can be married for 20 years or more and still not know everything there is to know about their spouse. However, if the U.S. government suspects that your marriage is a fraud (which is a common reason for a summons to appear at a marriage interview) you’ll want to know as much as you can about the person you married.

Your interviewer might ask questions such as what your spouse’s mother’s name is or how many siblings he or she has. You might also have to answer questions about your relationship with your spouse before marriage, such as how and where you met or where you went on your first date. Officials may even ask what color your bedroom is painted or what time your spouse usually goes to sleep at night.

If you don’t know an answer

The reason officials may separate you from your spouse to answer interview questions is so they can compare the answers you provide with your spouse’s answers. If there are inconsistencies, it may raise a red flag as to whether your marriage is legitimate or, perhaps, was secured as a means of obtaining permanent residence in the United States.

While it’s tempting to try to think quickly and come up with an answer if you aren’t sure about a specific question, it’s always best to tell the truth. Lying to a U.S. immigration official can wind up making matters a lot worse down the line, especially if the legitimacy of your marriage is in question.

Increase your chances for success

Since your goal is to convince your interviewers that your marriage is not a fraud, it’s helpful to bring evidence you have on hand to prove that your marriage is legitimate. Do you have photographs of your dating days before you wed your spouse? Do you have greeting cards or other written correspondence that you and your spouse have exchanged? These and other documents can help you prove that you are not trying to beat the system.

It’s also helpful to reach out for additional support ahead of time by seeking guidance on how to prepare for a marriage interview from a lawyer well-versed in U.S. immigration law or, perhaps, a close friend or relative who has successfully navigated the interview process in the past.

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How to move your adopted child to the U.S.

Adopting a child is a wonderful experience, but moving your adopted child to a new country can be tricky business. Many families decide to adopt from outside the United States. This adds another layer to the process because you will have to account for immigration requirements. Just because you adopt the child does not give him or her automatic status as a U.S. citizen, nor does it allow the child immediate access to the U.S.

The U.S. Citizenship and Immigration Services explains that you have three options for bringing your child into the country. You will follow the method that works for your child’s circumstances, but you may not have an option as to which you will use.

Immediate relative

This method involves filing a Form I-130. This is asking for entry into the country as a child of a U.S. citizen. You must complete your adoption before you file, and the child must not be over the age of 16. The major downside to this method is that you must have legal and physical custody of the child for at least two years before you can file the petition. It does not have to be two years concurrently; you can do it over time.

Hauge

If the country from which you adopt your child is part of the Hauge Convention, then you can gain your son or daughter entry into the country on an IH-3 or IH-4 immigrant visa. You will know that you qualify for this method when you file forms I-800A and I-800 as part of your adoption paperwork.

Non-Hague

If the country is not part of the Hague Adoption Convention, then you may still be able to get an IR-3 or IR 4 immigrant visa. You will need to file form I-600A and potentially I-600, or at least I-600 to qualify under this method.

Remember that your child cannot come into the country until you get him or her the proper visa. Once you are here, you will have to take additional steps to secure U.S. citizenship for your adopted child.

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Green Card Eligibility: Who Has It?

Green card eligibility is highly restricted. You may come to the United States with the ultimate goal of going through the naturalization process and becoming a U.S. citizen. The first step in this process is to obtain a green card. This is legal authorization to live and work in the United States on a permanent basis. 

However, not everyone qualifies for a green card. According to the Miami Herald, only those who fall into one of eight different categories are eligible. The following are examples of a few of the categories. 

Victims of violence or crimes 

Adults, children and youths who have been the victims of domestic abuse or neglect may be able to qualify for green cards. Another category includes asylum-seekers and refugees fleeing persecution in their home country. Victims of other crimes, such as human trafficking, may qualify for green cards, especially deportation to their home countries would impose extreme hardships. 

Employees and investors 

People who want to work in the United States may qualify for green cards, especially those with extraordinary skills. This typically requires an employer to sponsor you, or you may qualify by making a substantial monetary investment. 

Family members of current residents 

If you have a family member who is a citizen of the United States, or at least a permanent resident, he or she may be able to sponsor you, and you may be able to qualify for a green card that way. Generally speaking, immediate family members of permanent residents and relatives of U.S. citizens get preference. 

Special immigrants 

There is a broad range of cases that do not fit into the other categories. It includes employees of recognized international organizations and religious workers as a few examples. These people may be eligible for a green card under the category of special immigrants. 

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What is the Board of Immigration Appeals?

The Board of Immigration Appeals can help you with your immigration visa even after you’ve been rejected. Receiving a decision from a judge that denies you or a loved one a visa to stay in the United States can feel devastating. However, a court ruling is not always the last word in immigration cases. Just as many people appeal court decisions in other areas of law, you can also appeal an immigration decision to a higher authority. The U.S. Board of Immigration Appeals (BIA) is one such authority.

The Justice Department explains that the BIA is an administrative body located in Falls Church, Virginia. While the BIA hears appeals of court decisions, it does not conduct them like ordinary courtroom proceedings. BIA determines appeals of past decisions by reviewing the decision on paper. In uncommon instances, the BIA will hear oral arguments, and usually hears these arguments at its Virginia headquarters.

Citizens and non-citizens may appeal to the BIA. The agency has jurisdiction that stretches across the country, so an immigrant in Florida or any other state may appeal a decision to it. Parties that appeal to the BIA are not limited to individual persons. Business firms may also appeal decisions to the BIA.

The BIA does not hear all appeals. The decisions the agency hears generally involve contests of removal orders or hearing applications of relief from government approval. The agency also hears appeals to reopen and reconsider existing court decisions. People also appeal to the BIA to legally classify non-citizen relatives so they can receive preference immigrant visas or to appeal fines due to infringing on immigration laws.

A BIA decision may not be the final word in the appeals process. While the BIA may overturn a prior decision, a number of ways exist to overturn the BIA appeal. The government may appeal the decision to a federal court, which could overturn the decision or modify it. The U.S. Attorney General might overrule or modify the BIA decision as well.

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Supreme Court may hold future of DACA in its hands

The upcoming DACA Supreme Court Decision may determine the fates of millions of immigrants. Many people in Florida may well know someone who has come to the United States from another country. Whether from Cuba, Guatemala, Italy, Iran, China, or some other country, countless immigrants have established businesses, raised their children, attended college and more in their new homeland. Some of these people entered the U.S. as children, brought here by their parents. A program initiated in 2012, the Deferred Action for Childhood Arrivals, gave as many as 700,000 of these people the legal right to stay, study and work in the U.S. 

Today, NPR explains that the future of DACA remains unknown based on a ruling to be handed down by the Supreme Court in 2020. The high court agreed to review the matter after the current presidential administration attempted to cancel it altogether, citing it as illegal and in violation of the U.S. Constitution. 

According to NBC News, a person may not necessarily be immediately deported if the Supreme Court sides with the federal government. For starters, every person’s application extends for a period of 24 months, after which they may apply for an additional two-year period. Removal efforts may be initiated as a person’s DACA status expires, so these efforts would come in waves. Individuals may apply for an appeal of the decision in their case and would have the right to stay in the country until their matter has been heard. 

Between Q4 of 2019 and the end of Q2 of 2020, the date by which the Supreme Court’s decision is expected, more than 230,000 DACA applications are set to expire. To date, at least one-third of those people have already applied for a renewal. 

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Is a same-sex marriage recognized in the green card process?

Is it easy, or even possible, to get a same-sex marriage green card in the United States? LBGTQ rights have certainly progressed over the past 30 years, including federal recognition of same-sex marriages. Yet LGBTQ immigrants still face unique challenges, especially as their marriage relates to their visa or resident status. 

Unfortunately, this is one of many ways that LGBTQ immigrants face discrimination. Census data showed a few years ago that around 904,000 immigrants identify with a gender orientation other than heterosexual. That number has certainly grown, leaving thousands of people fleeing persecution for their orientation wondering if they will ever receive citizenship. 

As of 2013, federal ruling states that any marriage that would have legal standing in the United States stands for immigration benefits for married couples. This reversed years of discrimination in which same-sex partners got denied on the spot for immigration benefits given to heterosexual couples. Florida was actually one of the first states to approve a green card for a Bulgarian man married to an American man. 

In practical terms, this means that the partners of a same-sex marriage may petition for: 

  • A K-1 Visa 
  • Lawful permanent resident card (green card) 
  • Fiance visa (for same-sex couples that are not yet married) 
  • Any immigration program for immediate family 

Of course, you and your partner must still meet all other immigration criteria for your path to immigration. This includes the three-year naturalization waiting period, the residency requirement for the sponsoring spouse and the validity of the marriage. 

One way this can trip up LGBTQ couples is the trauma that LGBTQ individuals can face in countries that arrest or otherwise penalize LGBTQ individuals. It can be harder for LGBTQ couples to emigrate from countries that do not recognize same-sex marriage to show the appropriate evidence of a valid marriage. In some cases, a couple might also have trouble proving the required length of the marriage. 

With more changes coming to immigration policy in 2020, many LGBTQ immigrants fear that these avenues will disappear once more. 

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Immigrants in schools face a different school experience

Immigrants in schools, no matter how old you are, are presented with many unique challenges and experiences. Because you and your family are adjusting to life in Florida and working toward becoming US citizens, you may be looking for ways to help your children to feel empowered, optimistic and excited about their future.

One experience that your children will begin right away is school. Depending on how familiar they are with the English language, it may take them some time to feel confident communicating with their peers and teachers. Because the educational system in the United States may vary from that of your home country, your children may need added support to fulfill their assignments and understand the purpose of various tests that are given.

According to an article released by the Harvard Graduate School of Education, during your quest to find an educational facility that respects and embraces your child’s culture, it would benefit you to look for a place that emphasizes the asset that having a diverse student body can bring. You should also look for teachers who are respectful of cultural differences and have employed unique strategies for instructing students to account for the fact that immigrant children will learn differently than a student that has been born and raised in the American culture.

School districts that recognize that your family is one of many immigrant families and are actively implementing ways to help your children succeed, may also provide additional resources that you and other parents can use to help your children excel outside of their formal schooling education. The information in this article is intended for educational purposes only and should not be taken as legal advice.

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