Archive for category: Immigration

If an American citizen is looking to marry a non-American citizen in Tampa and secure the non-American a Green Card, often the best way to go is the K-1 visa, or the “Fiance” visa. While a “fiance” refers to a male partner and “Fiancee” refers to a female partner, the K-1 visa can be obtained by either sex. According to the US Government, obtaining a K-1 visa will allow the non-American to travel to the US and marry their American sponsor within 90 days of receiving the visa.

The major question related to the K-1 visa is if it is necessary or not: the strict answer to this is “no.” It is possible for a couple to get married outside of the US and then file for obtaining the foreign spouse a Green Card: this is often referred to as the IR1/CR1 process.

There are advantages and disadvantages to both processes. Generally, if you are looking to live in the United States as soon as possible, the K-1 visa is the better route. Usually, K-1 visas take between 5-7 months for processing, and it is a quicker route to the Green Card. However, you have to be unmarried at the time of applying for the K-1 in order to be eligible for it: they are literal when they call it a “fiance” visa and not a “marriage” visa.

If you are already married, or for whatever reason you wish to be married outside of the US, you will have no choice but to go through the IR1/CR1 process. This is typically more expensive and can take longer, but many factors go into this, including the amount of time that you have been married.

Florida is home to a large immigrant population primarily from Latin America and the Caribbean: in these migrant cultures, chain migration is how families stay together. One adult in the family may migrate to the U.S. due to school, employment or a relationship. They then work hard to be reunited with their families in their new home. 

According to PBS, the president has spoken out against chain migration, even when families complete the entire process legally. His concern is that one immigrant may generate an unlimited pool of successful immigrants through close family relationship ties. 

In truth, the family-based immigration process often takes years — even decades — to be completed. People whose families apply on their behalf are also subjected to security and background checks to ensure they are good additions to the U.S. population. Putting an end to this form of migration may keep families apart. 

USCIS explains that distant relatives are not eligible for family-based migration. It provides the following as eligible family members: 

• Children 
• Spouses 
• Parents 
• Siblings 

If the family member is already in the United States, then they may become eligible for an adjustment of status. This may ultimately lead to the granting of an immigrant visa and employment authorization. However, there is no guarantee of this. Note that some immigrants may not be eligible due to grounds of inadmissibility. Still, it may be possible to challenge these or seek relief in some other way. 

It is not yet clear what measures the president may take to further limit family-based chain migration. However, the effects on families could be devastating. American-born citizens who marry abroad would also be affected as they might not be able to bring their spouses home. 

New rules regarding social media and visa applications mean you might need to be very careful about what you post if you’re immigrating into the country. Florida companies recruiting international employees may benefit and save time with an understanding of updates to the H-1B visa requirements. Applicants should also expect changes in the visa qualification process. 

The updates affect the lottery system for visa selection and include new rules enabling the Department of Homeland Security’s review of applicants’ social media postings. Applicants should plan on the changes beginning in 2020. 

Second-chance lottery system 

A U.S. Citizenship and Immigration Services lottery system selects a predetermined number of individuals who may apply for a visa. As reported by TechCrunch, applicants must first register electronically to enter the USCIS lottery. 

The new lottery reportedly selects 65,000 individuals from its applicant pool. A winning individual may then submit documentation to apply for a visa. Certain degree-holding applicants seeking work in the U.S. who do not win this first lottery may have a chance at winning a secondary lottery, which is open to individuals with a graduate degree. 

The minimum educational requirement to qualify for the second-chance lottery pool is a master’s degree from a university. The advanced lottery selects only 20,000 individuals who may then proceed to submit their documentation for an H-1B visa. 

Disclosing social media profiles 

Candidates seeking employers’ sponsorship must adhere to U.S. visa application rules, which now enable USCIS officials to review an applicant’s social media profiles. According to CNN, the Department of Homeland Security may request a five-year history of usernames and social media profile accounts to determine whether an applicant poses a threat to national security. 

Because many employers use the internet to recruit talented workers, companies may wish to update their recruiting to attract candidates who can comply with the new immigration regulations. Tech-savvy individuals should remain aware that their online postings and internet footprints may undergo a review while under consideration for a work visa. 

Forgoing electronic device privacy 

An individual could forgo her or his right to personal privacy to proceed past the border. Officials may look into electronic devices, such as laptops or mobile phones. An official’s request may require an individual to allow border security to scan and save electronic files. 

Poverty and immigration can be a difficult mix. There are a lot of different reasons why an immigrant may face difficulties due to legal hardships. Whether someone is concerned that they will have to leave those they love or step down from their job, this can be an extremely difficult position to find yourself in, especially for families. For some people, these immigration issues can be especially tough. For example, those who are facing financial hardships may have an even harder time dealing with immigration matters for numerous reasons.

For starters, those who are in poverty may lack the resources they need to seek help. They may be facing a number of problems, whether they have difficulty getting around due to a lack of transportation or are facing any number of complications due to their financial circumstances. Furthermore, poverty can also lead to unmanageable stress and other emotional issues which can get in the way of one’s ability to deal with an immigration case.

People may find themselves facing financial problems (as well as immigration issues) for a myriad of reasons. They may have lost their job, which may also play a role in their ability to continue staying in the country. Some very hard-working people have found themselves in this tough position, and many immigrants have had to work through all sorts of hardships (some of which are especially likely to occur when one moves to another country).

Whether you are worried about certain legal aspects of immigration or you are already dealing with a case, it is pivotal to seek any information that can help you defend your rights.