Waivers for Immigrants (Part 3)

Different Types of Immigration Waivers

·         WAIVER

An immigrant with a family member who is expected to suffer extreme hardship in the United States due to his removal qualifies for this waiver. This is to provide relief to anyone with an application for immigrant visa, green card, or status of adjustment pending. You just need to prove that you have a US resident, who needs you to avoid extreme hardship.

I-601 waiver can override any inadmissibility due to unlawful presence, criminal conviction, and visa fraud.  Always consult an immigration attorney to know inclusions and exclusions specific to your status.

·         PROVISIONAL WAIVER

If an immigration has an approved I-130 petition, they may seek what is called an I-601A waiver. This waiver is meant to forgive the immigrant for unlawful presence in the country and will remove the 3- or 10-year bar on him. The waiver for immigrants permits the applicant to go back to his home country to complete all formalities of the consular process and come back to the United States. He does not need to spend years waiting for the immigration visa. Having a trusted Houston immigration attorney to fight your cause can help you apply for and get the I-601 provisional waiver easily.

·         WAIVER

This immigration waiver is to help those barred from entry into the United States due to a criminal conviction or unlawful stay. If you are deported back to your home country and not allowed to return following proven criminal charges or removal proceedings, I-212 waiver is the only option to seek respite.

An I-212 waiver application is the most preferred method to appeal against inadmissibility grounds. However, the preparation and filing involve complex procedures and need proper documentation that cannot be completed without support of a skilled Houston immigration lawyer to guide you.

·         HUMANITARIAN AND NATIONAL INTEREST WAIVER

One can seek an immigration waiver on the ground of humanitarian support. This is helpful for people, who are refugees, seeking asylum, or facing prosecution back home. Also, anyone with a qualification or profession that can benefit the US arts, sciences, or businesses can seek immigration waiver on the ground of national benefit.

The list of inadmissibility is extensive and has a real impact on your prospects of obtaining permanent US residency. Though there are waivers for immigrants, the process is difficult and needs preparation and filing of applications/documents. Contact us to learn more about waivers.

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Waivers for Immigrants (Part 2)

When You Can Seek Waivers

Section 212 of the Immigration and Nationality Act provides various grounds of inadmissibility for immigrants seeking to stay in the United States. These include:

  • Unlawful US entry, abusing a student visa, false claiming of citizenship, illegal US stay, using smuggling routes or stowaway methods to enter the United States.
  • Health grounds, such as failing to be immunized, suffering from any communicable disease, being a drug addict, diagnosed with mental disorders posing threat to others
  • Facing criminal charges or jailed for 5 years at home or in the United States, drug or human trafficking, economic offenses, including money laundering.
  • Visa fraud or using any kind of misrepresentation in a visa application.

If any of these inadmissibility grounds pose a threat to your permanent resident status, get in touch with an immigration attorney in Houston to explore waiver options.

An immigrant who has entered illegally or overstayed must have to follow the consular process to apply for permanent residency. This requires him to leave the United States and apply for the residency visa at his home country. An unlawful entrant has to stay out of the country for 3 to 10 years before he is eligible to apply for an immigrant visa. Such a clause may force him to stay out of the US borders for years due to the tedious immigration process. If he has a family or loved ones in the United States, they are bound to suffer in his absence. Immigration waivers also provide him an opportunity to waive those 3 or 10 year ban from the country.  If you or a loved one is facing a ban from reentry, contact us.

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Petition To Remove Conditions of Residence (Part 2)

 

Who Is Eligible

The following types of people with conditional resident status can file a petition for the removal of conditions in favor of permanent residency.

  • Spouse of a US citizen or permanent resident
  • A divorced, separated, or widowed spouse of a US citizen or permanent resident
  • A child who received conditional status 90 days after his parent got the same
  • Abused partner of a US Citizen

In case of divorce and abuse, you need to consult an immigration lawyer to navigate through tricky issues and potential questions and prove that your marriage was in good faith.

The Filing Process

By filing the Petition To Remove Conditions of Residence within 90 days of the expiry of your conditional green card, you get a residential extension for up to 12 months. It can be filed even if you are out of the United States. But the applicant has to return for the interview. The process requires joint signing and interview of the applicant and his or her spouse. In case of divorce or separation, a request for the waiver from the joint application is required.

The U.S. Citizenship and Immigration Services requires the couple to be present for an interview and give biometrics. If anything is found missing or incomplete, they may deny your application. Unless there are issues, the application is approved with a 10-year, green card.

Common Issues To Consider

  • Delay in approval: It may take 5-12 months to remove conditions on residence and get permanent resident status.
  • Joint filing waiver: One may seek a waiver from joint filing of a Petition To Remove Conditions of Residence in case of death, divorce, or abuse from the spouse. Abuse or extreme cruelty is also a ground for seeking the waiver. However, good documentation is needed.
  • Good faith marriage condition: You need to prove that the marriage is not a sham to obtain resident status. Immigration authorities are very strict about it and reject any permanent residence status if have reason to believe it is a fraudulent marriage.

Immigration requirements for approving a Petition To Remove Conditions of Residence are stringent and complex. You cannot afford to make any mistake or become lax. It pays to seek the advice of an expert immigration attorney.

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What is a K-1 Visa? (Part 2)

Did you Know?

  • You must get married within 90 days of entering theUnited States on a K-1 fiance visa.– Absent real hardship, you must have met with your fiancee in the past two years.
  • You should consider applying for work authorization.
  • You must meet minimum financial requirements.– You need to allow time for a police check in each jurisdiction you have ever lived.
  • There are issues of foreign law that may impact your ability to apply for a K-1 fiance visa.
  • Once married you have to apply for a conditional “green card”.

Common Mistake

The most common mistake with a K-1 visa is failing to properly evidence the validity of your relationship. An experienced immigration lawyer will be able to give you some guidance in this area.

Requirements for a K-1 Visa:

There are a number of requirements in order to apply for a K1 visa for your fiancé(e):

  1. You must be a U.S. citizen;
  2. You must have met your fiancée within the past 2 years;
  3. You and your fiancée must be legally free to marry (i.e. single or divorced);
  4. You and your fiancée must have a serious intention to marry within 90 days of your fiancée’s arrival in the U.S.; and
  5. You must meet minimum financial requirements.

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What is a K-1 Visa? (Part 1)

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to migrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

Is a K-1 Visa Right for Me?

There are several options for obtaining a visa for a fiancé(e) or a spouse. Which option is right for you depends upon your circumstances and how quickly you want to obtain admission to the US and work authorization. A K-1 Visa is not always the right options.

We have worked on marriage and fiancé(e) cases for fifteen years. While past performance does not necessarily denote future success we have yet to have any marriage or fiancé(e) visa we have submitted denied. Key to this success has been advising clients as to which of several options are right for them. These options include:

  • Entering the US on a different visa type, marrying and obtaining adjustment of status
  • Marrying abroad and applying directly for permanent residency
  • Marrying abroad and obtaining a K-3, marriage, visa
  • Obtaining a K-1 visa, marrying in the US and filing for permanent residency

 

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Hot Cars and Children in Georgia

Pediatric vehicular heatstroke (PVH) kills dozens of children every year in the United States. These tragic deaths are all preventable. Regardless of how quick you think the errand will be, do not leave your children alone in the car. A child should not die because someone misjudged how long the line would be in a store.

Ways to prevent a child from getting heatstroke in your car:

  • Never leave your child alone in the car.
  • Do not leave your car unlocked. Some children have died from PVH because they were playing and sneaked into an unlocked vehicle.
  • Call 911 every time you see a child alone in a car.
  • If your child goes to daycare, set an audible alarm on your cell phone to double-check that you did not leave the child in the car. Also, set up a protocol that the daycare center will call you if they do not receive your child on time.
  • Place an item that you must have for work in the back seat of the car, next to your child. Your phone, wallet, purse, briefcase, or one of your shoes are objects that you are unlikely to forget to grab before getting out of the car.
  • Use high-tech devices like rear seat reminders and car seat “smart” chips to alert you if there is a child in the rear seat or that you should check the back seat of your car.

Safe Drivers

One of the best ways to protect your child in a car or truck is to make sure she only rides with safe drivers. Make and always follow family rules so that your child does not ride with a driver who is:

  • Impaired by alcohol, prescriptions medication, or other drugs
  • Drowsy
  • In the habit of texting, speeding, engaging in road rage, or any other type of unsafe, distracted driving.
  • Young and inexperienced.

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Navigating Georgia Child Restraint Laws

Under Georgia law, your child must wear a seat belt at all times when traveling in a motor vehicle, if he is between the ages of 8 and 18 years and is 4 feet 9 inches tall or more. A child younger than 8 or under 4 feet 9 inches tall must ride in the child car seat or booster seat that is appropriate for her size and age.

Your child should follow the Georgia seat belt laws and always wear the correct child safety restraint device (seat belt, car set, or booster seat) at all times whenever riding:

  • With any member of your household;
  • With anyone who is not a member of your household; and
  • In a school bus or on public transportation.

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How Does Adultery Impact Alimony in Georgia?

When adultery is the cause of a divorce in Georgia, the spouse that was unfaithful is barred from receiving alimony. It’s not enough that one spouse cheated during the marriage – the infidelity has to be the reason for the divorce for it to result in a ban on alimony. If one spouse cheated, but the other spouse forgave him or her and they continued to live together, the unfaithful spouse won’t be barred from receiving alimony.

For adultery to bar alimony, the faithful spouse also has to file for divorce on the grounds of adultery, not just “irreconcilable differences” (which means the couple can’t get along anymore), and the divorce has to be granted on the grounds of adultery.

What Else Does Adultery Impact?

Adultery generally doesn’t affect custody in a Georgia divorce, unless the children were exposed to inappropriate things as a result of the affair. Adultery never affects child support in Georgia.

Adultery can have an impact on how a divorcing couple’s assets are divided, especially if the unfaithful spouse spent lots of money on the affair, for example, by buying gifts and paying for trips and hotel rooms.

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Why You Should Adopt Your Internationally Adopted Child Again!

People are often confused about whether or not they are required to domesticate their foreign adoption, or “re-adopt” their internationally adopted child.  Do you know what to do?

Here is a Simple Rule of Thumb:

  • If your child was issued an IR-3 or IH-3 immigrant visa, you are not required under federal law to readopt your child, or “domesticate” your foreign adoption, here in the U.S.  
  • If your child entered the U.S. with an IR-4 or IH-4 visa, where the adoption was not completed overseas, re-adoption within the United States is required. This is common in cases where you were given a legal Guardianship (or custody) by the foreign country giving you permission to bring the child into the United States for the purpose of adoption.  You will need to finalize your adoption as soon as possible in your home state upon your return to the United States.  United States citizenship can then be applied for and obtained for your child.

But your analysis should not stop there.  Even if you received a Final Decree of Adoption (and your child was issued an IR-3 or IH-3 visa) in the foreign country and are not required to domesticate your foreign adoption (re-adopt), there are important practical reasons to domesticate your foreign adoption in your home state. 

  • Domesticating your foreign adoption decree allows you to obtain a United States birth certificate (“Certificate of Foreign Birth”) for your child from your home state. This will allow you to obtain certified copies of your child’s birth certificate in the future should you ever need any (which definitely happens). 
  • Domesticating your foreign decree will allow you to legally change your child’s name.
  • Domesticating your foreign decree also provides you with an American adoption decree should your foreign decree ever be lost, damaged, or called into question.

For more information on international adoption please call us anytime for a consultation.

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How can Separate Property become Marital?

Georgia law regarding separate property is extremely complex and somewhat unsettled.  Just proving that an asset was the separate property of one party does not necessarily preclude it from later becoming marital property.  Under certain circumstances, a property that once was separate in nature can become marital by the actions of the parties.  For example, merely adding the other spouses name to a deed may cause a piece of real estate to lose its status as separate property and make it marital.  Similarly, comingling separate property and marital property may have a similar effect.

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