Tag Archive Immigration

ByPhillip Kim

How to Get a Green Card as a Relative of a U.S. Citizen

There are multiple ways to get a green card as a relative of a U.S. citizen. As the spouse, unmarried child, or parent of an adult citizen (over 21 years old) you qualify as an immediate relative. Green cards for immediate relatives are unlimited, so there is no waiting for a visa as an immediate family member. Receiving a green card will allow you to live and work in the U.S. as a permanent resident.

If you are already in the United States, to receive a green card, you will file need to file for permanent residence. Second, you will petition for your status as an immediate relative of a citizen. For immediate relatives of U.S., these two steps can be done at the same time or you can submit your petition and then file for residence.

If you are not yet living in the U.S., you must submit your petition for residence as a family member of a citizen first. After your petition is submitted, there is a waiting period for a visa to allow you to travel to the U.S. This process is the same for immediate and non-immediate family members of citizens.

Remember to keep in mind that your status as a child will most likely be counted from the date of your petition, and that to keep the status of child you must be 21 years old or younger. Also, children under 21 must be unmarried through the green card process in order to count as immediate relatives. If you are the married child of a U.S. citizen you do not count as an immediate relative, but can still petition for residence as a family member of a U.S. citizen.

ByPhillip Kim

The Tides May Turn for Immigration Reform

Republicans did not support the immigration reform bill, but the increasing support may indicate that they are changing their minds about the legislation.

To read more about immigration reform, please read Serena Marshall’s article below:

Republicans May Be Changing Minds on Immigration Reform

Members of Congress have been on recess for only a few days, but it already seems the time away from Washington means more support for a pathway to citizenship among some Republicans.
In the past few days, two Republican members of the House of Representatives — Daniel Webster in Florida, Aaron Schock in Illinois — have expressed preliminary support for a way to legalize undocumented immigrants and allow them to eventually earn full citizenship. Even the House GOP whip, Kevin McCarthy (Calif.), announced support for legal status, although he stopped just short of supporting full citizenship.

The announcements come on the cusp of an intense campaign by pro-immigration advocates targeting key House members at town-hall events; it’s all part of a larger five-week plan for hundreds of rallies, petition drives and other events across the country timed for the Congressional recess.

Click here to continue reading the article.

ByPhillip Kim

Reasons for Provisional Waiver Revocation

Effective March 4, 2013, some immigration visa applicants may apply for provisional unlawful presence waivers before leaving the U.S. These applicants should be immediate relatives of the U.S. citizen. Waiver application is available before the immigrant leaves for his or her U.S. embassy or consulate interview. This new process was designed to decrease the wait time for the U.S. citizen’s relatives to come back to the states when they are obtaining immigrant visas for permanent residency.

However, there are a few things to be aware of to prevent revocation of the provisional waiver. The waiver is revoked if the Department of State terminates the application, USCIS revokes the petition, the consular officer at the embassy determines inadmissibility, or you try to enter the U.S. without inspection before your visa is issued.

ByPhillip Kim

Mark Zuckerberg Supports Immigration Reform

Mark Zuckerberg, CEO of Facebook, joined other leaders to advocate for the passage of immigration reform. He stresses the imporatance of this bill for him and many other tech companies not only in Silicon Valley.

To read more about immigration reform, please read Carla Marinucci’s article below:

Zuckerberg Speaks Out for Immigration Reform

Facebook CEO Mark Zuckerberg took his first step on the national political stage Monday night when he joined publicly with tech leaders, civil rights activists and undocumented immigrants to call for a comprehensive overhaul of the nation’s immigration policies – an issue he said touches not just Silicon Valley but “the whole country.”

“This is something that we believe is really important for the future of our country – and for us to do what’s right,” the social media innovator told a crowd of several hundred at the Yerba Buena Center for the Arts in San Francisco.

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ByPhillip Kim

Facing Deportation and Removal—What You Can Do

If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

ByPhillip Kim

Citizenship for Military Members and Their Families

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The U.S. military members are recognized for their sacrifices to the country; therefore, USCIS works towards helping undocumented military personnel and their family members obtain citizenship. Under the Immigration and Nationality Act (INA), certain members of the military and their families may have their application for citizenship expedited and processed overseas. Members of the U.S. military may also have their families petition for permanent residency status (obtain green card). If your spouse is deployed/ will be deployed or if you are a surviving spouse or children of a military personnel, you may have certain benefits from the naturalization process.

ByPhillip Kim

GOP Donors Press on for Immigration Reform

Top GOP donors are now pressuring the House to pass the immigration reform legislation and fix the broken system. To learn more about the updates of immigration reform and what GOP donors are doing to convince the House, please read Meghashyam Mali’s article below:

Top GOP Donors Press Lawmakers to Act on Immigration Reform

More than 100 top Republican donors and fundraisers are pressing GOP lawmakers to act on immigration reform, according to a report from The New York Times.
The donors sent a letter to Republican lawmakers on Tuesday urging them to “take action to fix our broken immigration system.”

Among the prominent signatories are Karl Rove, a former adviser to President George W. Bush and a top GOP strategist, and former Vice President Dan Quayle.
The letter calls for measures to “secure our borders,” a system for U.S. companies to “hire the workers they need while making it impossible to hire workers here illegally,” and a “path to legal status for undocumented immigrants.”

The effort was organized by former Commerce Secretary Carlos Gutierrez, who served in the George W. Bush’s administration and is the founder of the group Republicans for Immigration Reform.
Gutierrez told the Times that the group would lobby GOP lawmakers over the August recess.

Click here to continue reading the article.

ByPhillip Kim

Answers to Your Immigration Questions on Same-Sex Marriage

If your petition was previously denied based on DOMA section 3, USCIS will now reopen those applications for review. Please note, you will need to notify USCIS by March 31, 2014, if your I-130 was denied before February 23, 2011. Requesting to consider reopening your petition will be done at no charge, but fees to file an application will still apply.

Same-sex marriages will receive the same immigration benefits as those of opposite sex. The five year residence period for naturalization may be reduced to three years if you have been living in marital union with a U.S. citizen spouse the same way that applies for opposite sex spouses.

ByPhillip Kim

How to Get a Fiance(e) Visa

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The fiancé(e) visa, also known as the K-1 nonimmigrant visa) allows your fiancé(e) to enter the U.S. for 90 days to get married. Once your marriage takes place, your spouse may apply for permanent residence and stay in the U.S. while USCIS processes the application.

To be eligible, you (the petitioner) must be a U.S. citizen, you must marry your fiancé(e) within 90 days of entry, any previous marriages must have been legally terminated, and you must have met your spouse at least once within 2 years of filing your petition (with exceptions).

If your fiancé(e) has a child under 21 and unmarried, a K-2 nonimmigrant visa may also be available. After admission of your fiancé(e), he or she may immediately apply for permission to work by filing an application for employment.

ByPhillip Kim

How to Become a U.S. Citizen

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You can become a citizen of the U.S. after having your green card through the naturalization process. There are some usual eligible paths to citizenship: live in the U.S. for 5 years, be the spouse of a U.S. citizen, be in the military or have a family member in the military, or have citizen parents. If you are already living in the U.S., you must have a green card before applying for citizenship. After filing for citizenship, you will need to take the naturalization test, which will include speaking, reading, and writing in English.

To apply independently to be a naturalized citizen, you should be over 18 and have been living in the U.S. with a green card for at least 5 years. For these 5 years you should have been living continuously in the U.S. to be eligible.

To apply to be a naturalized citizen as the spouse of a current U.S. citizen, you need to have a green card for at least 3 years while living with your spouse. If your spouse is working outside the U.S. but is a citizen, you can still file for citizenship as the spouse of a citizen.

Children of U.S. citizens are eligible for citizenship if they meet the requirements. For the purposes of the citizenship process, a child is anyone 18 years old or younger and who is not married. If you are the child of a U.S. citizen and are already living in the U.S., you can automatically get citizenship if at least one parent has citizenship, you are 18 years old or younger, and you are still in your parents’ custody.

If at least one of your parents is a citizen and you are under 18 but living outside the U.S., you are also eligible for citizenship. To be able to apply for citizenship as a child of a citizen living outside the U.S., at least one of your parents has to have been a citizen for at least 5 years. Also, you must have entered the country legally to be eligible to apply for citizenship as the child of a citizen. To enter legally, seek help with filing for a green card or visa.

Some military members, veterans, and their families can apply for citizenship. There are different paths to citizenship based on when your time served happened, separated into peacetime and wartime. If you are eligible to apply for citizenship, you can then file for citizenship as a military member, which includes veterans. Spouses and children of military members can also apply for citizenship if their family member is already a citizen. This process can also be done for families living overseas with active military members.