November 14, 2018

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Immigration Law

US Law Firm

U.S. immigration law is constantly changing. While new developments may work in your favor, the mere fact that the law is unstable can make it very confusing and difficult to act in compliance with the law. Even the slightest error can change your life and tear families apart. If you are considering immigration to the U.S., trying to obtain citizenship, or facing removal, it is in your best interest to familiarize yourself with the basics of immigration law, but you should also talk to an experienced U.S. immigration attorney.

Family-Based Immigration

Family-based immigration allows U.S. citizens, and sometimes green card holders, to petition on behalf of their family members. The petition is for permanent residency, which most people know as a green card. Although this is not citizenship for family members, it is a necessary step for those who wish to become U.S. citizens.

The person who petitions on behalf of the immigrant is called a sponsor. If you are a U.S. citizen you can sponsor your:

  • Spouse
  • Minor children (under 21 years old)
  • Grown children and their children
  • Parents
  • Siblings and their spouses and children

Fiancée Immigration

A U.S. citizen can petition on behalf of their fiancée for a K-1 visa. This is a 90 day visa which allows you fiancé to enter the U.S. one time for 90 days for the purpose of getting married and applying for a green card. As soon as you become married, your fiancée can apply for permanent residency.

Fiancée visas are not automatically granted. You must be eligible and prove that the relationship is legitimate, by proving:

  • You are a US citizen
  • You intend to marry within 90 days of your fiancé entering the US
  • You and your fiancé are both legally free to marry
  • You can provide financial support for your fiancé or your fiancé can be financially self-supporting
  • You met with your fiancé in person within the last two years, unless prevented by hardship or cultural customs

Fighting Deportation

Facing deportation or removal procedures can be terrifying. For many, the consequences of deportation are unthinkable, but you should not panic. Talk to an immigration attorney, you can fight deportation. First, it must be proven that you are removable. If that happens, you may be eligible for one of the following forms of relief from removal:

  • Asylums
  • Adjustment of status
  • Waivers
  • Cancelation of removal
  • Withholding of removal
  • Stay of removal
  • Motion to reopen
  • Motion to reconsider
  • Administrative appeal
  • Judicial review
  • Naturalization
  • Voluntary departure
  • Deferred Action for Childhood Arrivals (DACA)