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A women holding a password - Serving Immigrants
  • 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 the laws in the sponsored fiance’s country regarding same-sex marriage. You must prove the legitimacy or the bona fide nature of the relationship. This can be demonstrated through photographs, evidence of trips taken together, affidavits…Read More

Two individual sitting at a table, with papers and books in front of them - Serving Immigrants
  • 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 these records show that you have never been arrested or charged with a crime. You can obtain these records by going to the police station. Most states also have official statewide criminal records search websites…Read More

An upset woman sitting on the ground - Serving Immigrants
  • 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 Violence Against Women Act may be able to help. VAWA provides an avenue for immigrant victims of domestic violence to obtain a green card without relying on abusive spouses, parents, or children to sponsor them.…Read More

A close up of a flag - Serving Immigrants
  • By: Serving Immigrants
  • Published: January 20, 2021

Deferred Action for Childhood Arrivals (DACA) is an agreement by the U.S. government not to deport certain individuals. It is not a guarantee of a green card or citizenship. Having an attorney for your DACA petition is not required. However, if you would like to eventually achieve legal status in the United States, having an experienced immigration attorney on your side can be helpful for you and your family. Here are some reasons you should consider hiring an attorney for your DACA petition: Experience With The System You likely have little experience dealing with United States immigration law and may not know all the necessary processes. An experienced immigration attorney knows the hurdles that lie ahead and how to approach each step. An attorney deals with these laws every day and knows the ins and outs of filing immigration applications and how to win your case. Paperwork Even if you clearly qualify for DACA, having the right paperwork is what counts. An experienced immigration attorney…Read More

Close-up of a document with a flag - Serving Immigrants
  • By: Serving Immigrants
  • Published: January 20, 2021

Both the T and the U visas were created by Congress to encourage the victims of certain serious crimes to cooperate with law enforcement in exchange for legal status in the United States. There are important differences between the two visas, and different types of evidence are necessary to establish eligibility. You should consult with an immigration attorney to determine which is the right visa for you. T Visa Holders Must Have Been “Trafficked” Into The United States The T visa is only available for the victims of human trafficking. An individual must be present in the United States as a result of the trafficking, which may include someone who was in the United States for a vacation or another purpose and then became the victim of trafficking. To be eligible for a T visa, a victim must have been recruited, forced, abducted, or deceived into coming to the United States by the perpetrator of human trafficking. It does not matter whether the applicant was…Read More

A man in suit holding a passport - Serving Immigrants
  • By: Serving Immigrants
  • Published: January 20, 2021

U visas and VAWA petitions are different in many ways. If you have been the victim of a crime, determining which avenue is best for you can be complicated. You may want to consult with an experienced immigration attorney to determine which immigration path is right for you. No Limit On VAWA Petitions U visas have an annual 10,000 visa cap. VAWA petitions have no cap. This means that a U visa applicant may have to wait until the following year if the cap has been met. Faster Path To A Green Card With A VAWA Petition After your U visa application is approved, you may be placed on a waitlist for several years before the visa is actually available. This is due to the 10,000 visa cap. After receiving your U visa, you will then have to wait three (3) years before applying for a green card. The approval process for a VAWA petition can range from several months to two years. You can…Read More

A handshake between two people - Serving Immigrants
  • By: Serving Immigrants
  • Published: January 12, 2021

While an attorney is not required for your petition under the Violence Against Women Act (VAWA), there are some important reasons you should consider hiring one. Determining Your Potential Eligibility There are some distinct requirements that are necessary to establish that you qualify for a green card under VAWA. An attorney can look at your situation before you even begin the application process and determine whether you have a chance of being successful in your application. If you’re not eligible for VAWA, the attorney may find another visa program you can consider. Determining What Evidence You Need Applying for VAWA doesn’t just involve filling out a few forms and hoping for approval. You must provide concrete evidence establishing all of the necessary elements in order to qualify. This can be complicated, and you may not know exactly what is necessary to prove your case. An attorney, especially one with experience in VAWA cases, can help determine exactly what evidence is necessary to establish your case.…Read More

A hand holding a passport - Serving Immigrants
  • By: Serving Immigrants
  • Published: January 12, 2021

The T visa was established to help combat human trafficking. It is intended to provide immigration relief to those who are the victims of human trafficking. A T visa allows a survivor to work temporarily in the United States and provides a path to a green card. The Benefits Of A T Visa A T visa allows a holder four years of lawful immigration status and four years of employment authorization. A T visa holder can also apply for a green card if they meet certain criteria. A holder may be eligible for federal refugee benefits, which include cash assistance, food stamps, and job training. With a T visa, a holder also has the ability to petition for certain family members. For applicants over 21 years old, these family members include children and spouses. For those under 21, the family members can include spouses, children, parents, and unmarried siblings under 18 years old. There is a cap of 5,000 T visas per year, but as…Read More

A court room with a few chairs and a microphone - Serving Immigrants
  • By: Serving Immigrants
  • Published: January 12, 2021

In 2017, the Trump administration stopped accepting first-time applications for DACA and left the program in limbo. But in December of 2020, a federal court signed an order reopening the door for first time DACA applicants. Under the order, the Department of Homeland Security had three days to post a public notice that it was accepting new applications. A Big Win The court ruling was a big win for young people who were brought to the United States when they were children. The program shields about 650,000 people from deportation and allows them to legally work in the country. In compliance with the court order, the U.S. Citizenship and Immigration Service updated its website with a notice confirming it will take new DACA applications. New applicants are advised to act quickly in getting their applications in now since the government may appeal that court ruling, leaving the future of DACA somewhat unclear. A Long Legal Battle After the Trump administration stopped accepting new applications and…Read More

A person holding a pen over a document - Serving Immigrants
  • By: Serving Immigrants
  • Published: January 12, 2021

The Deferred Action for Childhood Arrivals (DACA) program is a useful immigration tool for young people who were brought to the United States as children. What Is DACA? DACA is a program created by the Obama administration in 2012 to protect from deportation certain undocumented immigrants who came to the United States as children. In addition to protection from deportation, DACA recipients are eligible for a social security number, work authorization, and a state-issued ID or driver’s license. Do DACA Recipients Have Full Legal Status? No. DACA does not grant lawful status such as a visa or a green card and does not provide a path to United States citizenship. Who Qualifies For DACA? In order to be eligible for DACA, applicants must meet the following criteria: Entered the United States unlawfully prior to their 16th birthday Have lived continuously in the United States since June 15, 2007 Were under age 31 on June 15, 2012 Were physically present in the United States on June 15,…Read More

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