sanctuary states

What Are Sanctuary States and Why Are They Threatened?

Sanctuary state is a term that takes on many different meanings in this politically charged atmosphere. However, the bottom line for both political sides is that these areas are places where illegal immigrants are protected. Nonetheless, the similarities end there and the confusion behind these immigration laws begins.

What Is A Sanctuary State?

A sanctuary state is defined as a municipal jurisdiction that limits its cooperation with the federal immigration enforcement agents, in order to protect illegal immigrants that have come to this country to start a new life and make a living. But, this safeguard does not apply to those immigrants that have committed severe crimes. Within most of these sanctuary states, the sanctuary policies try to limit the degree in which the local police cooperate with Immigration and Customs Enforcement (ICE) relative to immigration enforcement. This doesn’t mean that these states do not cooperate with ICE, rather allows them to have discretion to deny certain ICE requests.  

Why Are Sanctuary States Being Threatened?

In this current political environment, there have been many threats against sanctuary states, including from President Trump. He tried to issue an executive order which would strip municipalities of federal dollars if they shielded illegal immigrants. Even though his actions were unsuccessful, the fight against these states carries on. Recently, the President made threats to transport illegal immigrants detained at the border to sanctuary areas to carry out his immigration crackdown. He was hoping it would cause chaos which would further his political stance.

In addition, to these Presidential push-backs, certain states have begun taking measures into their own hands against sanctuary policies. These states have begun adopting their own “anti-sanctuary state” laws. These laws make it illegal for local law enforcement agencies and local governments to uphold policies that limit cooperation with federal immigration authorities. This makes it harder to protect these illegal immigrants. As the pushback and threats against sanctuary states continues to grow, confusion and the effects of these policies are felt by all.  

How Will This Affect Immigrants/People/Country?

Worry of job displacement, economic decline, and violence increase is constantly on the forefront behind the “anti-sanctuary” policies. However, as more data is released, studies continue to show the positive effect that immigrants have on our country. Implementing these “anti-sanctuary” policies can have detrimental effects on not only the illegal immigrants, who will be forced to return to their dangerous countries, but to the United States who will miss out on all the benefits that these immigrants can bring to the country.

Boost Local Economy:

As more people arrive, their demand for goods, housing, and other services increase. Therefore, an increase in demand results in an increase in supply and an increase in the local economy.

Creating Opportunities:

As Nobel laureates in economics have stated to President Trump, “immigrants are far more likely to work in innovative, job-creating fields such as science, technology, engineering, and math that create life-improving products.” These immigrants, not only create opportunities for our country and the people that live in it, but  boost  the overall economy.

ICE Statistics:

The path for these illegal immigrants remains unclear, but the fact is, their effect on this country is profound.  Data collected by ICE shows these stats in regards to the country’s economy, crime, and labor when illegal immigration is taken into account:

  • Crime is statistically significantly lower in sanctuary counties compared to non-sanctuary counties.
  • Median household income is higher in sanctuary counties compared to non-sanctuary counties.
  • Consistent with higher median household income, poverty is lower in sanctuary counties compared to non-sanctuary counties.
  • The labor force participation rate is higher in sanctuary counties compared to non-sanctuary counties.  
  • Unemployment whether measured by total unemployment or white unemployment—is lower in sanctuary counties compared to non-sanctuary counties.

Let Us Help!

With all the confusion and divisiveness today in immigration law, it is imperative that when dealing with an immigration issue, you call the experts. With Immigration Law Group, you know you’ll get professionals that understand today’s immigration culture and can handle any immigration challenges. If you have any immigration questions or concerns, contact us  today!

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interior checkpoints

What Should Immigrants Know About Interior Checkpoints and Their Rights?

Since the fateful 9/11 event, it’s sad to say that the US is no longer that “promised land” foreigners resorted to easily. Consequently, border patrols have changed forever. The situation doesn’t go well for immigrants given the increase in detentions, family separations, and fleeing individuals being turned away at interior checkpoints. So, what hope do immigrants have? Does it mean being an immigrant is criminal and you lose all your rights? Keep reading on to discover your immigrant rights and how we can stand with you.  

What Are Interior Checkpoints?

Interior border checkpoints are permanent and tactical inspection points throughout the country’s borders. Here, Border Patrol Agents stop vehicles and ask motorists to identify themselves and verify their residence status. Permanent checkpoints have permanent infrastructure while tactical ones don’t have permanent structures and are located on secondary roads.

Legally, these interior checkpoints should be located within a “reasonable” distance that stretches 100 miles from all US borders and coastlines. Funnily, over 200 million Americans live within this stretch, comprising two-thirds of our national population. For instance, most of America’s most densely populated cities such as New York, Chicago, and Los Angeles fall within this belt.

What Are Your Rights as an Immigrant at Checkpoints?  

So, what rights do you enjoy when immigration officials stop you at these checkpoints? Here are your rights and nobody can or should suspend them.

  • You should only respond briefly to a question or a couple of them and produce documents that prove you are in the US legally
  • Border point inspections shouldn’t injure you
  • The officers should not search your vehicle, its occupants, or conduct a visual inspection beyond what they can see
  • No Border Patrol official should stop and check your vehicle because of your ethnicity or extend the search on racial grounds
  • The law allows you to record checkpoint officials and ask them to identify themselves using badge numbers and other relevant information
  • You have the right to remain silent and answer questions before an immigration attorney irrespective of your citizenship of immigration status. However, your silence might delay the process although it doesn’t give them an outright right to detain, search your properties or arrest you
  • An officer can’t arrest and detain you without “reasonable suspicion” and if they do, they must explain the facts that inform their decision

How Does This Affect Immigrants/People/Country?  

The manner in which immigration officials conduct their job has negative consequences on US citizens and immigrants. Below are some of them:

  • Immigrants risk possible arrest and detention
  • Immigrants could be deported  
  • Illegal immigrants risk possible jail terms
  • Potential abuse of the patrols especially after 9/11 since we have militarized border patrol processes and  immigration agents  use unnecessary force against harmless and armless civilians  
  • Border Patrol Agents have increased the number of spying technologies at border points. Consequently, they are gathering sensitive information about US citizens and compromising their privacy within the 100-mile stretch where two-thirds of us live

Why Call Immigration Law Group?

  • A proven track record
  • Extensive knowledge of US immigration laws
  • Affordable legal representation
  • Competent and skilled immigration attorneys
  • Sound legal counsel on all immigration matters

Get Help Today!

Is your dream to live or work in the US becoming a nightmare due to immigration laws? If it is, you don’t need to suffer alone when we are here. We can set up an in-person consultation at one of our office locations. Moreover, we are available for consultation by phone or online via Skype. Contact  us today because with Immigration Law Group, you will never walk alone.

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Portland Immigration Lawyer

Trump Administration Will Raise Immigration Filing Fees

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The cost for becoming a United States Citizen might become 83 percent more expensive. The Trump Administration is attempting to raise the application fees from citizenship to legal permanent residency.

Last Thursday, USCIS announced the proposed price hikes, in their statement “current fees do not recover the full costs of providing adjudication and naturalization services.”   The citizenship application fee is currently 640 dollars, the proposed price hike would make the fee 1,170 dollars. The legal permanent residency fee is currently 1,220 and USCIS is attempting to raise it to 2,195.

The proposed price hikes would have a major affect on immigration. There are also price hikes for Asylum, Temporary Protected Status Beneficiaries, and DACA recipients. DACA renewals would go from 495 dollars to 765 dollars. The administration is also seeking to transfer $207.6 million of USCIS funding and divert it to Immigration and Customs Enforcement.

Advocacy groups are pressing people who are eligible to apply as soon as possible. USCIS and the Trump Administration must place the proposed price hikes in a comment period, the period ends on December 16th.

These price hikes have very little blocking their way to becoming a reality. Congress is really the only option to prevent the price hikes from becoming implemented.

The time to apply for your green card or citizenship application is now!   Don’t wait until the fees increase a substantial amount more than they already are.   Feel free to contact us with any questions.

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Oregon Judge Blocks Trump’s Plan to Bar Immigrants Unable to Pay for Health Care

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On Saturday, Federal District Court Judge from Portland, Oregon, ruled against the Trump Administration’s attempt to curb legal immigration. The proposed policy would require immigrants to prove they have the financial resources to obtain health insurance if approved for a Visa.

 

Judge Simon issued a nationwide temporary restraining order that prevents the United States Government and the Trump Administration from carrying out this new policy. The Policy was planned to go into effect on November 3rd.

 

According to New York Times Reporter Aimee Ortiz “Mr. Trump’s Oct. 4 proclamation ordered consular officers to bar immigrants who could not prove they had health insurance or the ability to pay for medical costs once they become permanent residents of the United States. The president had justified the policy on the grounds that immigrants were more likely to be uninsured, and that costs associated with this care are passed on to the American people in the form of higher taxes, higher premiums, and higher fees for medical services.”

 

This policy, along with other Immigration based policy changes the Trump Administration has tried to roll out has been constantly stopped by Judges before it reaches the implementation stage.

 

Ortiz reports “Lawyers from Justice Action Center, Innovation Law Lab and the American Immigration Lawyers Association argued that the policy was “plainly illegal” and that it would cause immediate and irreparable harm.“This new requirement rewrites our immigration and health care laws,” the lawyers wrote in a motion seeking a temporary restraining order. They noted that the policy could effectively bar up to 375,000 “otherwise qualified immigrants each year.””

 

The Justice Action Center also stated “We’re glad that the court understands the importance of preventing the health care ban from taking effect tonight, but this is just the first step, Esther Sung, a senior litigator at the Justice Action Center, said on Saturday. The impact of this ban is just huge. Hundreds of thousands of people would be affected,” she said. “Two out of three intending immigrants every year might not be able to join their families. It’s outrageous that the Trump administration is trying to slip this by people without them noticing.”

 

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Supreme Court to take on DACA in new term

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The Supreme Court will be taking on a number of major cases that will have major implications. They will be hearing cases that deal with LGBTQ, guns and DACA.

There are currently 800,000 young immigrants within the DACA system. Their fate is in the hands of nine justices. The Supreme Court will be deciding on the 2017 decision made by President Trump to end the DACA program, they will be evaluating the legality of the decision.

DACA was a program created by President Obama in 2012 using his Executive Authority. The program allows undocumented immigrants who do not have a criminal record and who are attending school, to pay a fee and register with the United States Government. They would be allowed to receive a temporary waiver to be allowed to work and live without fear of deportation. DACA recipients are required to renew their status every two years.  

President Trump claims he can end the program via Executive Decision purely because the program was created by Executive Order.

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Immigration public charge Update on Visa Applicants Portland, Oregon

Public Charge Rule going into effect on October 15th

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The Public Charge Rule is set to go into affect on October 15th. The new policy has received many challenges, both in court and with Immigration advocates. Critics of the new rule have claimed “The new rule — which critics say makes the definition of “public charge” so vague and all-encompassing that it will effectively favor only rich, white immigrants — drew swift rebuke from dozens of state and local governments, attorneys general, public health organizations and immigrant advocacy groups after U.S. Citizenship and Immigration Services formally announced the policy in September.”

The USCIS has refused to comment on the on-going legal battle between the courts and the Trump administration. Washington Post writer Abigale Hauslohner reports   “Is expected to decide next week on whether to block the rule from taking effect.”

Another Federal Judge in Olympia, Washington is going to hold a separate hearing on the same piece of policy. The lawsuit was filed by a coalition of 13 different states. Judges in New York, Maryland and Illinois will also be making decisions on this policy.

If the policy goes into effect, according to Hauslohner “the new public-charge rule, immigrants who are in the United States legally and use public benefits such as Medicaid, food stamps or housing assistance — or have at one time used public benefits, or are deemed likely to someday use public benefits — could be considered “public charges,” rendering them ineligible for green cards.

The new criteria provide “positive” and “negative” factors for immigration officials to weigh as they decide on green-card applications. Negative factors include whether a person is unemployed, dropped out of high school or is not fluent in English.” Hauslohner also reports “Critics say the rule is likely to reduce legal immigration by slashing eligibility for family-based visas, the leading type of legal immigration to the United States, particularly from low-income countries in Africa and Latin America. They say it could also lead to more deportations as huge numbers of immigrants see their applications denied.”

Hauslohner states “The lawsuits argue that the new “public charge” definition deviates substantially from more than 100 years of legal interpretation. They say it will cause significant harm to the health and well-being of immigrant families, as well as the institutions that service them, by leading many to abstain from seeking public benefits that they or their children may need.”

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Immigration News Update on Visa Applicants Portland, Oregon

Trump Will Deny Visas To Those Who Can’t Pay for Health Care

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The Trump administration will deny visas to immigrants who cannot prove they will have health insurance or the ability to pay for medical costs once they become permanent residents of the United States, the White House announced Friday in the latest move by President Trump to undermine legal immigration.

The proclamation has been in the works for many months according to New York Times Reporters Michael Shear and Miriam Jordan. The new policy will not affect refugees, asylum seekers or students seeking to attend college in the United States.

According to Shear and Jordan “ Once the policy is in place, people seeking those visas would be asked by consular officers to show how they intend to be covered by health insurance within 30 days of arriving in the United States. That could include proof that they  will have health care through a job or will be covered under a relative’s insurance. If they cannot show that to the satisfaction of the consular office, their visa will be denied”

The recently announced policy has caused a stir, “Thousands of people annually would be denied green cards if the executive order takes effect” said Steve Yale-Loehr, an immigration scholar at Cornell Law School.

“Most people who are receiving green cards already have a job waiting or have a spouse that is employed,” Ms. Jamae said. “When you apply for a green card you already have to meet certain financial requirements.”

Other criticisms include “Most people who are receiving green cards already have a job waiting or have a spouse that is employed,” Ms. Jamae said. “When you apply for a green card you already have to meet certain financial requirements.”

Shear and Jordan also talked with, Doug Rand, a former White House official who worked on immigration in the Obama administration. Rand predicts that the president’s proclamation would be met by legal challenges.

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EMPLOYMENT BASED VISAS

HOW TO BECOME A U.S. CITIZEN

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How to become a United States Citizen:

You have been a permanent resident green card holder for the last five years, or a permanent resident green card holder for the last three years if you are filing as the spouse of a US citizen. Now you want to enjoy the benefits of being a United States citizen, maybe you want to vote, maybe you want to have the chance of working federal jobs, or maybe you just don’t want to worry about renewing your green card every 10 years and have the peace of mind that comes with being a United States citizen. Below are the steps and requirements that are necessary to become a United States citizen.

Phase one: Eligibility

The applicant must be at least eighteen years old at the time of filing N-400 form. You also must be a permanent resident green card holder of at least five years OR a permanent resident green card holder of at least three years if you are filing as the spouse of a person who is a United States citizen.

There is a ninety-day filing exception. You may submit your N-400 to USCIS as early as
ninety days before reaching your three- or five-year wait period as a green card holder —
as long as you’ve satisfied all other eligibility requirements. You must still wait the full three or five years, however, to become a U.S. citizen. Filing early just lets you get ahead in the application process. (Our guide to citizenship has the full details.)

You can apply if you are married to, and living with, a US citizen. You also must have been married to that US citizen for at least the past three years. The US citizen spouse must have been a US citizen for at least the past three years.

Also during the past three years, you must not have been out of the country for eighteen months or more. You are eligible to apply based on five-year residency if during the last five years you have NOT been out of the United States for thirty months or more.

There are exceptions to the thirty-month rule. If you are a person who has served on board a vessel operated by or registered in the United States OR are an employee or an individual under contract to the US Government OR a person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States.

To qualify for citizenship eligibility you must have not gone a trip outside the United
States for one year or more without an approved “Application to Preserve Residence for
Naturalization Purposes.”

You must reside in the state or district in which you applied for citizenship for at least the last three months.

Next Step – Biometrics Appointment

The next step is to set up your biometrics appointment — basically, getting your
fingerprints taken — at your local USCIS field office. As with the marriage-based green
card process, USCIS will take your fingerprints during naturalization in order to conduct
a background check. The fingerprinting appointment usually takes place about a month
after USCIS receives your U.S. citizenship application.

You must have “good moral character,” broadly defined as a character that measures up to
the standards of average citizens in your community. More specifically, however, it
means you did not have certain types of crimes — such as murder, illegal gambling, or intentionally lying to the U.S. government in order to gain immigration benefits — on
your record at any time before filing, and you did not lie during your naturalization
interview.

Phase Two: Exam and Oath

You must pass a two-part naturalization test: the first is an English language test
(covering reading, writing, and speaking skills) and the second a civics test (covering
knowledge of U.S. history and government).

You must be able to read, write and speak basic English. There are some exceptions to
this requirement. If you are over the age of fifty years old and have lived in the United
States for at least the last twenty years since becoming a Permanent resident OR you are over the age of fifty-five years old and have lived in the United States for at least fifteen
years since becoming a Permanent Resident OR you have a disability that prevents you from fulfilling this requirement and you will file a “Medical Certification for Disability Exceptions” (Form N-648) completed a signed by a doctor with your application.

You must know the fundamentals of US History and the form and principles of the US
Government. Must be willing to serve in the U.S. military or perform civilian service for the
The United States if called upon to do so. You must register with the Selective Service System if you are male and have lived in the United States between the ages of 18 and 25. You must be willing to defend the U.S. Constitution.

If you are able to pass through the two phases of requirements then you can become a United States citizen. If you want to determine your citizenship eligibility, please give us a call at (866)-691-9894 for a consultation to begin your path to becoming a United States citizen.

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How to Sponsor my Parents for an Immigrant Visa/Green Card | Immigration Law group, LLC

How to Sponsor my Parents for an Immigrant Visa/Green Card

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How to Sponsor my Parents for an Immigrant Visa/Green Card

Do you want to reunite with your parents overseas and let them see their grandchildren in the U.S.? If they are currently in the U.S. visiting, did you know they may be eligible to stay and apply for adjustment of status? So long as you are a U.S. citizen, and at least 21 years old, you can sponsor your parents by filing form I-130 with USCIS to receive their Immigrant Visa/Green Card. However, permanent U.S. citizen son/daughter residents – green card holders – may not submit form I-130 petition to bring their parents to live permanently in the U.S. If you are a green card holder, your best option is to file form N-400 to naturalize to become a U.S. citizen. Then, you will be able to file for your parents.

Many immigrants who live in the United States are always seeking advice and guidance on how to bring their parents to the U.S. either to visit or live permanently. They want to petition for a green card, which also refers to sponsoring them. While it is advisable to consult with an experienced lawyer about your specific situation, this article will give you some vital insights about the entire process of bringing your parent to the U.S.

Steps a U.S. Citizen Son/Daughter Should Take to Get Their Foreign National Parents to The U.S:

If you’re a U.S. citizen son/daughter of at least 21 years of age, there are several steps you need to take to get your foreign national parents to the U.S. Here is a breakdown describing the steps and the required documents you should submit, depending on your parents’ location.

1. Your father lives outside the U.S. and Needs an Immigrant Visa/Green Card

• Form I-130
• A birth certificate copy that shows your name and the names of both your parents.
• A marriage certificate that proves your parents are legally married.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Certificate of Citizenship.

2. Your mother lives outside the U.S. and Needs an Immigrant Visa/Green Card

• Form I-130
• A birth certificate that has your name and that of your mother.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S.

3. Your father lives outside the U.S., you were born out of wedlock and your father didn’t legitimize you before your 18th birthday.

• Form I-130
• A birth certificate that has your name and that of your father.
• Evidence to prove that there existed a financial or emotional bond between you and your father before you reached the age of 21 or get married, whichever came first.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Citizenship.

4. Your father lives outside the U.S., you were born out of wedlock and your father legitimated you before your 18th birthday.

• Form I-130
• A birth certificate that has your name and that of your father.
• Evidence to prove that your father legitimated you before your 18th birthday through the laws of your country/state, the marriage of natural parents, or the laws of your father’s country/state.
• A Certificate of Naturalization, or U.S. passport, if you were not born in the U.S. or Citizenship.

5. Filing a petition to bring your step-parent to live in the U.S.

• Form I-130
• A birth certificate that has your name and those of your birth parents.
• A civil marriage certificate that proves your birth parent was legally married to your step-parent, and that they got married before your 18th birthday.
• Copies of documents such as death certificates, annulment decrees or divorce decrees to prove that any marriage entered into by your birth parent or step-parent ended legally.

6. Filing a petition to bring your adoptive parent to live in the U.S.

• Form I-130
• Birth certificate
• A certified adoption certificate that proves the adoption occurred before your 16th birthday.
• A statement that clearly shows the places and dates you lived together with your adoptive parent.
• A Certificate of Naturalization or Citizenship if you were not born in the U.S.

Note: If you or your foreign national parent’s name has ever been changed, in the past, it is important to include proof of the legal name change in documents such as divorce decrees, court judgment of the name change, and marriage certificate. All these documents should be submitted as photocopies and not originals.

To successfully file a petition to bring your parents to the United States, the immigrant visa must be available based on the date the application for the immigrant visa was filed (“priority date”). This is possible because visas in this category are usually processed much faster and thus are immediately available. Remember, if you have been adopted legally, you can’t petition for your birth parent to come to the United States. This excludes your adoptive parent or step-parent.

How to Sponsor my Parents for an Immigrant Visa/Green Card? File the Form I-130 Petition

After about 8-9 months from filing, the U.S. Citizenship and Immigration Services (USCIS) will notify you whether your filed petition was approved or denied. Your parent will be notified to visit the Local U.S. consulate for visa processing if he/she is outside the U.S. when the petition gets approved.   You will also be required to submit form I-864 as a financial sponsor.   Your parent will need to submit documents to the National Visa Center prior to the scheduled immigrant visa interview.

Your parent may be eligible to file Form-I-485 in order to adjust status or apply to register for permanent residence if he/she is currently in the U.S. as you file Form I-130.   This is known as the “one-step” concurrent filing where you may file the Form I-130 together with Form I-485 for your parent’s adjustment of status application.

Employment Authorization

Once your parents have been admitted as immigrants with their immigrant visas, they don’t need to apply for work permit also referred to as employment authorization. Upon arrival in the U.S., your parents will receive a passport stamp to prove that they’re allowed to work until their Permanent Resident Cards have been received.

If your parents are currently in the U.S., they are allowed to apply for travel and work authorization while the permanent resident status adjustment filing, through Form I-485, is pending.

Ensure your parents use Form I-131 to apply for travel authorization and Form I-765 to apply for employment by filing them together with the concurrent filing of Form I-130 and Form I-485.

Note: The fee to adjust status for Form I-485 will cover Form I-131 and Form I-765 until a decision is reached concerning the application for travel and work authorization, respectively.

It is important to remember that if you have siblings overseas, they’ll not be sponsored in the Family-based green card petition to bring your parents in the U.S.   Your parent can file a new petition to bring your siblings once they become permanent residents.   The wait time for that process can take many years based on current processing times.

What If Your Petition Is Denied?

If your petition to bring your parents to the United States has been denied by the USCIS, you can still appeal the decision. Your denial letter will have details on how you can appeal. It will also tell you how much time you have to file the appeal. Your appeal will be forwarded to the Board of Immigration Appeals once your appeal form and required fee have been fully processed.

The Process of Getting Family-Based Immigrant Visa/Green Card

Under American immigration laws, your parents are considered immediate relatives’. This means that the application process doesn’t have a long waiting list. However, you need to be a financial sponsor for your parents.   This means that at 125% of the United States poverty guidelines, you need to show proof, through assets or income that you are capable of supporting your parents and your family.

This is to make sure your parents are not admissible as people who are likely to receive government assistance or as likely “public charges”. Form I-864P has all the details you need to know about the current U.S. poverty guidelines.

Additionally, your parents can also be denied green cards if they’re inadmissible based on other factors such as having a record of immigration violations, having a dangerous mental or physical disorder, carrying a disease that may pose a risk to the general public or criminal convictions.

The Visa Application Process For A Immigrant Visa/Green Card

For your parents to receive permanent residence, it is mandatory that you go through the application process as required by law to receive an Immigrant Visa/Green Card.   The application process involves two main steps: First, you must get approval from the USCIS for your immigrant visa petition for your parents. This is the Form I-130 petition that must be completed in order to start the process.   Second, if your parent lives outside the U.S., they will be notified by the local U.S. consulate to submit an online DS-260 application, submit documents, and undergo an interview before the immigrant visa is processed.   But, if your parent is currently living in the U.S. legally, he/she must fill out Form I-485 to adjust his/her status. The following basic requirements must be met for the status adjustment to be completed:

• Your parent must have entered the U.S. legally
• Your parent must be physically present in the U.S.
• Your parent’s immigration petition must have been fully approved
• No change in circumstances such as the death of the sponsor

Filling out the Petition for Alien Relative form also called Form I-130 is required to prove that there exists a child-parent relationship between you and your parent and that you’re a U.S. citizen son/daughter. Therefore, when filing the petition to bring your parents to the U.S., you have to include all the necessary documents depending on your situation (as mentioned above).

You will be required to file separate I-130 petitions if you intend to bring both foreign national parents. At this stage, after the U.S. consulate has communicated to your parents to submit their application to come to the U.S., you’re required to submit an Affidavit of Support Form I-864. The consulate will schedule an interview with your parents and the immigrant visa to enter the U.S. and become permanent residents should be approved and they will receive an Immigrant Visa/Green Card.

Adjusting Status for Parents in The United States So They Can Receive An Immigrant Visa/Green Card

If your parents entered the United States legally with a visa, they can adjust their status as your immediate relatives. Meaning, they can apply for a green card, if they’re currently in the United States, without leaving the U.S.   The process of getting a green card in this situation is called “adjustment of status.” Moreover, you can concurrently submit your Form I-130 with Form I-485 without waiting for the approval of the former. If your Form I-130 was already previously filed and been approved, however, you can simply submit your Form 1-797 approval notice along with the adjustment of a status packet.

What If Your Parents Don’t Want to Live In The U.S. Year-Round?

Contrary to a common misconception, there is no minimum amount of time for your parents to live in the U.S. in order to avoid “abandonment of residence” issues. The immigration officials at the border can revoke your parents’ green cards and deny them entry even if they left the U.S. for a short time.

Furthermore, longer trips of more than six outside the United States are likely to raise questions. And, a longer trip of more than a year will raise a presumption that your parents decided to abandon their residence.   Prior to leaving the U.S., they should be applying for a re-entry permit if they know they will need to be outside the U.S. for over a year.

Therefore, it is wrong to assume that obtaining a Family-based green card for your parents facilitates long visits and easy travel. The United States immigration laws require that green card holders make their permanent home in the U.S.

Paying the USCIS Immigration Fee

You must pay the immigration fee for your foreign national parent to come to the U.S. The immigrant fee is $220 and recovers the USCIS costs of immigrant visas issued by the Department of State at U.S. Consulates and Embassies.

The fee covers the cost of processing, filing, and maintaining of the immigrant visa packets. It also covers the cost of producing Permanent Resident Cards. In order to receive an immigrant visa, foreign nationals are encouraged to pay their immigrant fee online before they depart for the United States.

If you have additional questions or would like to find out more about the process to bring your parents to the U.S. contact our firm for a consultation by contacting Immigration Law Group, LLC or by calling 866 691 9894

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How to Bring My Fiancee to the U.S. | Immigration Law Group, LLC

How to Bring My Fiancee to the U.S.

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How to Bring My Fiancé(e) to the U.S — A Comprehensive Couple’s Guide to U.S Immigration

Are you planning to permanently live together with your foreign fiancé(e) is the United States? Well, congratulations! But, before your spouse is allowed to enter the USA, you’ll need to help him or her to secure a K-1 visa.

Navigating through this bureaucratic process, however, is undeniably a daunting task, as it involves a lot of steps with plenty of paperwork to demonstrate whether your application is “bona fide”.   If you want to increase your chances of winning approval for a K-1 visa, it’s recommended to work with a reputable and trusted Immigration law firm.

In this our couple’s guide to U.S immigration, we’ve simplified the process by covering every facet in a step-by-step manner. There’s everything you need to know to secure permanent resident status and citizenship for your fiancé(e).

What is K-1 Visa?

Also known as a fiancée visa, a K-1 visa is basically a temporary visa, which is issued by the U.S Department of State (DOS) consular officer to the fiancé(e) of a U.S citizen for one reason — getting married within 90 days of admission to the U.S  This K-1 nonimmigrant visa is not issued to a fiancé(e) of a U.S Green Card holder. There’s the CR1 visa option, though. However, it takes time to process, typically two years or longer.

To qualify for a K-1 visa, you as the petitioner (U.S citizen) must convince the U.S Citizenship and Immigration Services (USCIS) agents of your intentions to establish a life together with your spouse. An application perceived as a strategy to obtain an immigration benefit will surely not win approval.

Without further ado, here are the steps you’ll need to follow to bring your fiancée to the U.S:

Step One: Assembling documents to demonstrate your application is “bona fide”

•  Schedule for an in-person meeting with your spouse

Before you start the K-1 visa application process, you should be able to prove that both of you have actually met in person outside the U.S at least within the last 2 years.

This rule does not only apply to couples who met over the internet and fell in love with each without making contact, but also those who have been apart for the last 2 years. And as part of the documentation, you can provide photos, hotel receipts, airline receipts, etc.

There’s an exception to this requirement if you can prove that traveling to meet your fiancé (e) oversees will simply lead to extreme hardship to you. Or, the in-person meeting will be a violation of certain strict well-known customs or religious traditions of your spouse.

•  Confirm you are both legally allowed to marry

Once you have met the in-person meeting requirement, you’ll need to have documents that prove both of you are free to get married in the U.S. If you have been in any previous marriages, a divorce decree, annulment, or death certificate can serve as a proof.

If your spouse already has kids, they may be allowed to come to the U.S only if they are under 21 and unmarried. Also, of course, if they want to come. And if that’s the case, their names should be included in the K-1 visa. But, kids will need a K-2 nonimmigrant visa in order to qualify for admission.

While your fiancé(e) and the kids may be eligible, you should be informed that the kids are not allowed to travel to the U.S before your spouse. Make sure the children travel with your spouse or they can follow to join at a later date. If they will travel later, then it should be within the validity of their K-2 visas.

•  Meet the visa income requirement

As a petitioner, you need to meet a certain minimum income requirement, depending on the state you live in and the number of aliens you are planning on sponsoring. This is a requirement by the government to reduce the likelihood that your fiancé(e) will become a ward of the state. You are required to sign an affidavit pledging your support to your fiancée, and then promise that for at least 10 years you won’t apply for public aid in order to help him or her.

Step two: Filing a K-1 visa petition

The paperwork process to bring your fiancée in the United States starts with filing a K-1 visa petition. But first, it’s imperative that you familiarize yourself with all the branches involved in the immigration process. There’s the USCIS, the U.S Department of State (DOS), and the Customs and Border Protection.

There are different stages involved, and their nature typically includes thoroughly verifying background and security checks on a couple. Fingerprints, biographic, or biometric data may be required to obtain the criminal history or any other information deemed necessary for visa approval.

When applying for a fiancé(e) visa, your Form 1-129F should be submitted to the USCIS center that serves the area where you live. Your form may be declined if filed at the U.S Consulate, Embassy, or USCIS office abroad.

Here is what you’ll need to do when filing for 1-129F:

•  Download the petition from the USCIS website: Be sure to carefully go through the form instructions before you start filling it out. If anything is not clear or have any questions, don’t hesitate to consult with an immigration attorney.

•  Submit the necessary list of documents to support your petition: In addition to the documents we discussed in step one above; you’ll need to provide documentary proof of your U.S citizenship. Your copies of U.S. passport or U.S. birth certificate are sufficient. Another important piece of documents are the passport-style color photographs for both you and your fiancée. However, these photos must have been taken within the 30 days before filing the petition.

Keep in mind USCIS agents may require that some documents be submitted in their original copies, especially original signed forms or letters. But don’t send originals if you are not requested to, otherwise, you risk losing your important documents.

•  Confirm the filing fee: When you’ve completed your petition, you should ensure that your check or money order is the exact amount of the required fee.  

•  Mail your documents: Assemble all the documents and be sure to double check before submitting. When satisfied, you can mail your package to USCIS.

After a petition is submitted, USCIS may mail you a notice acknowledging receipt or requesting additional evidence and information to supplement your petition.

If the documents are convincing enough to establish eligibility, the agents will approve your application. If unfortunately, your form is rejected, then you’ll receive a notification with the reasons for rejection

An approved Form 1-129F will be forwarded to the DOS National Visa Center (NVC), which is responsible for transferring the file to the U.S Embassy or Consulate in your foreign-born fiancée place of residence. You, the U.S citizen, will also receive a case number from NVC.

Step three: Applying for a visa

As soon as you receive a mail from NVC upon approval, you should inform your fiancé(e) to proceed with the K-1 nonimmigrant visa application process and follow the additional instructions such as completing the online application and sending additional required documents. You’ll also be notified of the exact date when your fiancé(e) will be required for the visa interview.

During the scheduled interview with a DOS consular officer, your spouse overseas applying for K-1 visa will need to present the following forms and documents:

•  A valid travel passport: The passport to the United States must be valid for not less than 6 months beyond the anticipated period your spouse will stay in the U.S.

•  Death, divorce, or birth certificates: Include copies of the U.S citizen petitioner as well as the fiancé(e).

•  Medical examinations: The medical examinations are mandatory, regardless of age. Such tests are performed only by panel physician authorized by the U.S Embassy or Consulate.

•  Proof of relationship: Although you had provided this in the first step of the K-1 visa application, your fiancée will also need to do the same to prove that your relationship is indeed genuine.

•  Police reports or certificates: The certificates needed must be from your fiancée’s country of residence. Police reports or certificate from the other countries where she has lived for at least 6 months can also count. This requirement is also applicable to children at least 16 years old.

•  A duly completed Form DS-160: The under 21 children of a K-1 visa applicant may be eligible to apply for K-2 visas. Both your fiancée and the kids will be required to complete Form DS-160. What they’ll need to present during the interview is a printed DS-160 confirmation page.

•  Proof of financial support: Evidence to prove that your spouse will be able to support herself/himself and not become a public charge in the U.S.

It is important to note that these are not all the requirements. The consular officer may require additional information and evidence to make a decision whether your spouse and children qualify for the K-1 and K-2 visa.

Step four: Lawful entry into the U.S (Inspection at a Port of Entry)

While a valid visa issued by DOS consular officer will enable your fiancée to travel to the US port of entry, it’s not a guarantee that they’ll be permitted to enter into the U.S. Your spouse will be required to comply with the U.S Customs and Border Protection rules and regulations.

When he or she arrives at the port of entry, they should provide the documents as asked by the CBP officers. The nature of the process typically involves presenting a traveling passport with visa. If your fiancé(e) has a sealed packet containing documents, the officers have a right to check it and make the ultimate decision.

To avoid surprises at a port of entry, it’s generally recommended for all travelers planning to enter the U.S to visit the official CBP website under travel to check out the key information in regards to admission and entry requirements.  

Step five: Getting Married

After your spouse is admitted to the US, you’ll have a 90 day period to plan and fully legalize your relationship by getting married. It’s best to make this happen as soon as possible because the marriage certificate you receive will be required when applying for a Green Card. Unfortunately, though, this specific period cannot be extended for any reason.

If by the end of this period you have not yet been married, then the temporary K-1 and K-2 visa will automatically expire. This could mean your foreign spouse together with the kids will need to depart from the United States. Failure to do this will be treated as a violation of immigration law, which could affect future eligibility.

Step six: Adjusting of Status (AOS)

With a marriage visa, your spouse is considered eligible to apply for a Green Card. They’ll need to file Form 1-485, Application to Register Permanent Residence or Adjust Status.

The children admitted as K-2 immigrants can also apply for a Green Card. Although, they are required to remain unmarried, otherwise, they’ll lose their eligibility.

After filling the application, your wife or husband should check their email regularly. It is because USCIS may mail them a request for additional information or an appointment notification requiring a couple to attend an interview. The interviews will not take much of your time, as they last for about 30 – 45 minutes.

USCIS usually schedules for interviews during the adjustment of status, because they want to fully confirm the documents and information that a couple had submitted on the application.

Interviews also provide the officers in charge of the application an opportunity to see whether circumstances have changed, rendering you ineligible for an adjustment of status.

While each case is different, the AOS process may take 6-8 months. And if at the time of approval the length of your marriage is less than 2 years, your spouse will receive a Green Card with a conditional permanent resident status for 2 years which must be renewed in 90-day window prior to 2 year anniversary of green card issuance.   In all cases, notifications of these immigration benefits are made in writing.

To secure permanent resident status as a conditional resident, your spouse must file Form 1-751 within the last 90 days before their Green Card becomes invalid.

If you have been married to your spouse over 2 years at the time of green card issuance, your spouse will obtain a 10-year unconditional green card.

There you have it! Contact us today or please call us with any fiancee visa questions at (866)691-9894.

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