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Biden May Reopen Work Visa Program
  • By: Christine Limongello
  • Published: April 8, 2021

During the COVID-19 pandemic, the Trump administration put a ban on certain work visas. Trump had frozen new green cards during the pandemic, arguing that the clampdown was important to safeguard the United States economy, protect jobs, and for public health reasons. Trump also halted temporary work visas for skilled workers, managers, and au pairs, including H-1B, H-2B, H-4, L-1, and J categories.   Revoking the Freeze In February 2021, President Biden revoked the freeze on many visas and green cards, stating that the freeze was not in the best interests of the United States. Biden also noted that the freeze hurt industries and families and noted that it prevented qualified non-U.S. residents from entering the country. While Biden did not take steps to reopen some temporary work visas, the… Read More

Differences Between a Fiance Visa and a Marriage-Based Visa
  • By: Christine Limongello
  • Published: April 1, 2021

If you are a United States citizen and your fiancé lives overseas, you have an important decision to make. Should you bring your fiancé over to the U.S., or should you marry them overseas and then bring them over as your spouse? Factors such as timing, your personal preference as to where to hold the wedding, and expense can all play a part in your decision.   Fiance Visa A fiancé visa, also known as a K-1 visa, is issued to a foreign national who is engaged and intends to marry a U.S. citizen. Before filing for a fiancé visa, a couple must show that they have seen each other in person within the last two (2) years. The foreign partner must marry the U.S. citizen within ninety (90) days… Read More

What Is A Permanent Resident?
  • By: Serving Immigrants
  • Published: March 2, 2021

Although people may think that the terms permanent resident and citizen can be used interchangeably, they do not mean the same thing. Understanding the differences and how they apply to you, is the first step to knowing your rights and responsibilities. For example, under certain circumstances, you can be deported even if you are a permanent resident. To protect yourself, understand these terms and the meaning of each. A Lawful Permanent Resident This is someone who has been granted the right to live in the United States indefinitely—meaning there is no timeline when it will expire. To be clear, that doesn’t mean it cannot be revoked, but we will go over that in a moment. These people have a Permanent Resident Card, commonly referred to as a “green card.” This… Read More

Ready To Become A US Citizen? This Is What Needs To Happen
  • By: Serving Immigrants
  • Published: March 2, 2021

If you are one of the millions of people who are living in the United States without legal citizenship, you are missing out on a number of important legal benefits and protections. For those who plan to remain in the US permanently, becoming a citizen makes a lot of sense. While it can take some time and effort, it will be worth it in the end. The specific process for becoming a US citizen will depend on a number of factors, including your current legal status, how long you have been in the country, and more. The following steps, however, will provide you with a good outline of what will need to happen in order to become a citizen. Looking At Your Eligibility The first thing you will want to… Read More

Motions To Reopen Removal Orders
  • By: Serving Immigrants
  • Published: March 2, 2021

Navigating through the immigration process can be extremely complex and frustrating. This is made even worse if you have already had an order of removal issued against you by a judge. This order may cause you to be detained by ICE, deported, and make it so you can’t seek out immigration relief, petition for a status that would let you stay, or take other actions that could help your situation. If you or a loved one is facing this situation, you will eventually have to file a motion to reopen removal orders. This will help you to be able to get your case looked at again, so you can argue for the right to stay in the country legally. While successfully filing this type of motion is not always easy,… Read More

4 Ways to Show Good Moral Character in Your VAWA Petition
  • By: Serving Immigrants
  • Published: March 1, 2021

When submitting a petition under the Violence Against Women Act (VAWA), one of the requirements is that you establish that you are a person of good moral character. Good moral character has an ambiguous definition in the Immigration and Nationality Act [hereinafter, the “INA”], but there are some specific items that officials look for to determine whether a person is a person of good moral character. There are a number of different ways you can prove that you are a person of good moral character, including, but not limited to, the following Police Clearance Records Submitting police clearance records from anywhere that you have lived for at least six (6) months in the past three (3) years can help establish that you are a person of good moral character assuming… Read More

Understanding Fiancé Visas
  • By: Serving Immigrants
  • Published: March 1, 2021

A K-1 visa, also known as a fiancé visa, allows an engaged partner of a United States citizen entry into the United States as long as the couple plans to get married within ninety (90) days of entry to the United States. The newly married spouse can then apply for a green card based on the marriage. K-1 Visa Requirements There are a number of specific requirements for a K-1 visa, including, but not limited to: The sponsoring fiancé must be a U.S. citizen. Green card holders cannot sponsor their fiancé. Both partners must be eligible to marry. This means they can’t already be married to someone else. Prior annulments, divorce decrees, and death certificates should be provided to prove eligibility. K-1 visas are allowed for same-sex couples regardless of… Read More

Requirements for Spousal Immigration
  • By: Serving Immigrants
  • Published: March 1, 2021

If you are married to a U.S. citizen or lawful permanent resident of the United States, you can apply for a marriage-based visa or green card. There are some important requirements that you should consider before making this application, including, but not limited to: You Must be Legally Married In order to qualify for a marriage-based visa or green card, you must be able to establish that you are legally married. A legal marriage is one that is recognized by the government of the country where you were married. This typically means that a record of your marriage can be found in a government office. Domestic partnerships are not typically recognized as legal marriages. However, if you lived in a country that recognized or recognizes common law marriage, you may… Read More

More FAQs About VAWA
  • By: Serving Immigrants
  • Published: March 1, 2021

The Violence Against Women Act (VAWA) creates a special provision in the United States immigration law that protects the victims of domestic abuse who are not U.S. citizens. Typically, if you are the spouse, child, or parent of a U.S. citizen or permanent resident, that person will have to apply for a green card on your behalf. However, under VAWA, you may be able to obtain legal immigration status on your own. Here are some further frequently asked questions about VAWA. What is a “Derivative?” A derivative is an individual who is not a United States citizen who can obtain legal immigration status through another non-citizen who is the principal applicant. For example, an abused person seeking status under VAWA may also seek status for their minor children. What are… Read More

COVID 19 Leads to Increase in Domestic Violence: VAWA Can Help
  • By: Serving Immigrants
  • Published: January 20, 2021

There has been a substantial increase in domestic violence cases as a result of COVID-19. The inequalities and issues related to domestic violence have always been there, but the pandemic has brought them to light. Comprehensive data is not available because many cases go unreported. However, now that family members are stuck at home with their attackers, the numbers are on the rise. The National Domestic Violence Hotline reported a 9% increase in calls between March and May of 2020. Cities across the country are experiencing an increase. The New York City Police Department reported a 10% increase in domestic violence reports. Police in San Antonio reported an 18% increase in family violence cases. VAWA Can Help If you are an immigrant who has suffered from domestic violence, then the… Read More

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