We offer these three options to find an independent immigration attorney. Immigration laws are Federal Laws, therefore an American attorney located anywhere in the United States can handle your case throughout the U.S. as well as at a U.S embassy or consulate overseas. OPTION 1 Ask an immigration attorney online. Get an answer fast.
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If you’re not fluent in English, you may also want to consider hiring a lawyer that speaks your native language. If you need help evaluating or choosing a lawyer, consider a 15 minute immigration consultation call with a lawyer. Did you know? 567 days - the average length of time pending cases will have been waiting to be processed in 2014.
Dunham & Jones has simple payment plans and in most cases, doesn’t require any money down, so call 800-528-4044 and talk with an Immigration Lawyer for FREE at Dunham & Jones to find out how you can live and work legally in the United States. Need a second opinion about your immigration status?
You must be legally married: A marriage can only be considered legal if the government in the country where the marriage took place officially recognizes it. Therefore, you will need to prove this by presenting your marriage records officially issued by the government.
Immigration law is complex, and many immigration lawyers specialize in just one or a few areas of the law. For example, filing for political asylum is quite different from filing for a work visa or for a green card. Here are a few questions to ask a lawyer before hiring:
For the same reasons, only an actual, practicing lawyer should be trusted to handle your immigration matters. Unfortunately, many non-lawyers; even some well-meaning ones, who don't recognize how complex this area of law really is; claim to be capable of assisting foreigners who need help with the immigration process.
Not even the best attorneys can guarantee success. Ultimately, the outcome of your case is up to an immigration judge, the Department of Homeland Defense and/or USCIS. Any attorney claiming he or she has a 100% success rate and guaranteeing you a particular outcome may need to be more closely evaluated.
A few "high-volume, low value" immigration attorneys prowl the hallways of immigration offices attempting to solicit business. This is not considered ethical behavior by the legal bar. Besides, any good immigration attorney is probably going to be too busy practicing immigration law and working for their clients to spend their time rounding up new clients this way.
When facing a conviction for marriage immigration fraud, the individual could suffer through fines as high as $250,000. The possibility of deportation exists along with the loss of the current status in the country. The conviction usually comes with a lifetime ban of acquiring citizenship in the United States. The annulment of the marriage is common. Depending on the severity of the crimes and the situation, federal charges could convict the person with even greater penalties. The citizen of the country can also face complications which lead to punishments for involvement.
When the couple falsifies the marriage documents, attempt to deceive the immigration authorities or set up a fake living arrangement in order to try to meet the marriage requirements, the two spouses may commit marriage immigration fraud. Some marriages are only that of convenience where the foreign national provides money and the United States citizen legally marries the person for a visa. These marriages are illegal and can lead to both charges and possible penalties if the court convicts the person of these actions. The
When the non-American citizen lives in another country, he or she may arrange a marriage with a citizen to enter the country. This usually provides the person with an immediate visa to live and even work in the country permanently. However, if the marriage is not valid or this is an arrangement, the immigration authorities may charge one or both parties with marriage immigration fraud. This is a fake or fraudulent relationship between the two spouses with the intention of deceiving officials for the visa and work authorization into the country. The couple may need to attempt to prove that the marriage is valid over the course of an investigation.
The criteria include the need for a valid marriage license, the age of consent for both parties, a lack of fraud or misrepresentation and the USCIS looking into the matter often. The two spouses may also need to live together and have some kind of relationship for the marriage to remain valid rather than separating once the foreign national immigrates.
What an Immigration lawyer can do for you. Successfully steering your immigration case through the complex processes and numerous deadlines is extremely difficult if you don't have an immigration attorney. Immigration law is constantly changing, and it's very difficult for most people to understand what's required and when.
A lawyer can help fill out your application or look it over before you submit it, making sure you have all the required documentation. This can help you avoid the extra time and expense of having to redo all of your work. You’re not sure which visa is best for you.
Obtain legal status: If you do not have documentation or have overstayed a temporary visa, an attorney can advise you on your next step. If you are legally entitled to citizenship via the 14th amendment to the constitution then a lawyer can also help to prepare those papers.
A lawyer can help you figure out if there is any way to stop it. Often times it is difficult to intervene with homeland security but not impossible. Your application has been delayed. If your application seems to be taking longer than it should, a lawyer may be able to find out why.
Green card: A lawyer can help you file an immigrant petition and apply for adjustment of status to get a green card. If you are filing for a marriage-based green card, your lawyer can help you prepare evidence to prove your marriage is authentic. Visa: A lawyer can help you apply to live in the United States for work, school, or travel.
If your marriage-based green card petition is denied, the denial letter should include instructions for appealing the decision if that is your decision. If you choose to do so, be sure to have an immigration attorney helping you, as the appeals process is a delicate legal issue.
Wear professional and/or conservative clothing. First impressions matter in a wide range of circumstances, including your green card marriage interview. Dress in professional or conservative attire, as you would for a job interview. Be prepared to answer all types of questions.
The citizen and the foreign spouse must prove that the marriage is bona fide. If the citizen and foreign spouse have been married less than 2 years at the time the spouse becomes a permanent resident, a conditional 2-year green card will be issued.
The first step in a marriage-based green card process is for the petitioning spouse (citizen or permanent resident) to file an I-130, Petition for Alien Relative with the USCIS. After the I-130 approval, the next steps will depend on whether the beneficiary is staying in the U.S. or is living abroad.
If the number of applicants exceeds the number of available visa numbers, then a backlog will build. Unfortunately, there is usually a backlog for each marriage-based green card category. The categories are divided into preference levels which are further divided according to your country of origin.
After the approval of the I-130, the beneficiary will need to file an I-485, Petition to Adjust Status with the USCIS. The I-485 must be submitted with supporting evidence, which includes a birth certificate, proof of nationality, and proof of lawful entry to the U.S. (I-94 travel record).
If a divorce occurs before the 2 year period ends, the foreign-born spouse is advised to file Form I-751 in order to apply for a “good faith marriage waiver.”. NOTE: Apart from the spouse, unmarried children under the age of 21 and parents of U.S. citizens (over 21) may apply for a green card as an immediate relative.
A family immigration lawyer is a special type of lawyer who has experience in family law issues and immigration matters. They can assist with cases that concern green card, citizenship, or naturalization issues. They can also correspond with the USCIS on behalf of their clients and provide representation in court.
Your attorney can also keep you informed about any significant changes made to existing immigration laws and can help with the petitioning process. Additionally, if any issues or disputes arise in connection with your immigration and marriage matter, your attorney will be able to advocate on your behalf in court as well.
resident spouse refuses to file a joint statement, the nonresident spouse must submit a waiver for the filing requirement and prove all of the information mentioned for the joint filing requirements on their own.
permanent resident. Once these steps are complete, a nonresident must wait for at least three years before they may file an application for naturalization.
From there and so long as they meet all other criteria, they will then have to wait at least three years until they can apply for U.S. citizenship through naturalization. Find the Right Immigration lawyer.
First and foremost, nonresidents and their U.S. resident spouses must ensure that their marriage was not induced by fraudulent means. This is known as a sham marriage and can have serious consequences if the marital couple is exposed.
A nonresident may be able to obtain U.S. citizenship through marriage. This is known as either a citizenship marriage or a green card marriage. Basically, a green card marriage refers to when a U.S. resident marries a nonresident, which enables the nonresident to become eligible to apply for a green card.
Family law attorneys can help you understand the marriage requirements in your state, draft a prenuptial agreement (or "prenup"), and provide legal assistance for other issues pertaining to marriage. That said, you may be able to get by with just a single attorney consultation, too.
On some level, marriage is a legal arrangement between two people. It’s important to make sure each piece of this arrangement is done properly by getting the legal help you need.
If you need more information about marriage requirements or if one party is a foreign national, for example, an attorney can work with both partners together. But for other legal processes in which one or the other's interests are at stake, such as a prenuptial agreement, each party needs to work with their own lawyer.
After successfully obtaining a green card, the immigrant spouse can, after three years as a permanent resident, apply for U.S. citizenship. (This assumes that you're still married and living together when the immigrant applies. If not, the waiting period changes to five years.)
Once the fiancé visa is issued, the immigrant has six months in which to use it to enter the U.S., and then another 90 days in which to get married.
The process of helping a spouse immigrate is much easier for citizens than green card holders. That's partly because a visa is immediately available to the spouse of a citizen (who is an "immediate relative," in immigration law terms).
Unlike some types of attorneys, immigration attorneys often charge flat fees for basic services such as assistance with obtaining a marriage-based green card . That means you won't have to worry that the hours will tick by and you'll end up paying a million dollars in legal fees.
Can I Marry My Gay or Lesbian Partner (of the Same Sex)? Yes, as of 2013, when the U.S. Supreme Court overturned a piece of federal law called the Defense of Marriage Act (DOMA), same-sex marriage s are treated like any other marriage for federal immigration law purposes.
Some U.S. states, for example, don't recognize a marriage between close family members or people under a certain age. But such situations are rare. The person's immigration status (legal or not) has no bearing on whether your marriage will be recognized as legal.
Contrast that with the situation faced by spouses of lawful permanent residents. They are able to start the immigration process as soon they're married, by filing USCIS Form I-130, but that only puts the foreign-born spouse on a waiting list.