Family Petitions For Immigration Into The United States

Posted by on Jun 29, 2015 in Uncategorized | Comments Off on Family Petitions For Immigration Into The United States

There are several issues that must be considered when you decide to petition for family members to Immigrate to the United States. The problems you may face will depend upon your relationship to the family members.  Immediate family members These include your parents, biological children, and your foreign born spouse. Your stepchildren under twenty-one years old may accompany your spouse and must be included on the petition for the spouse. Immediate family members need not wait for a visa number to become available, but may immigrate as soon as their application is processed. This may still require a wait of a year or more.  Issues with marriage based petitions Because of a high incidence of fraud in marriage based immigration, the couple must go to great lengths to prove that their love is real and their marriage genuine. Any kind of proof that can be gathered, such as shared property or bank accounts, wedding pictures, and correspondence, should be collected and sent with the petition. Even then, the petition can be denied by USCIS (United States Citizenship and Immigration Services), the immigration arm of the Department of Homeland Security.  Another potential problem is that although the petitioner can sponsor any stepchildren under twenty-one years old, the marriage must have taken place before the children reach the age of eighteen. This footnote may not be noticed by the petitioner and their spouse, and may cause heartbreak if they decide to postpone marriage and immigration until a child graduates high school in their home country. The foreign born spouse is then forced to choose between staying with their young adult child or emigrating to be with their spouse in the United States. Non-immediate relatives These family members include: Adult children over twenty-one years old. Married adult children of the petitioner may bring their own spouses and children. Brothers and sisters of the petitioner may also bring their own spouses and children. Siblings of petitioners have the longest wait times. The problems with long wait times Longer wait times may affect both the petitioner and the non-immediate relatives. The petitioner must file an Affidavit of Support when the time for their relatives’ interview approaches. This is a legally binding guarantee of financial support for each individual family member. Assets can be seized if the petitioner fails to honor the agreement. While the petitioner may be financially able to honor the agreement when the original petition is filed, the passing of a decade or more may find their financial situation vastly different. The family members may also experience difficulties, because if their children reach the age of twenty-one while waiting for the petition to be granted, they age out and can no longer accompany their parents and siblings.  All of these issues should be discussed by family members before immigration decisions are considered. To find our more, speak with someone like Tesoroni &...

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Working With An Immigration Lawyer Will Shorten Your Case’s Processing Time

Posted by on Apr 14, 2015 in Uncategorized | 0 comments

Dealing with USCIS is easily one of the most frustrating experiences you might ever have to go through in your lifetime. This is because of the frequent delays that occur in the processing times of the cases filed. While it’s true that delays vary based on the type of petition, some applications take several months to be approved. This is, for example, the case of spousal sponsorship cases. This article explains why working with a qualified immigration lawyer can help you adjust your spousal’s immigration status with less frustration. Your spouse won’t get their green card before at least 10 months If you take a look at the USCIS’ website, you’ll see that it takes about 5 months for a spousal immigration petition (I-130 form) to be processed. However, what’s important to understand is that this isn’t the only step for the procedure. Indeed, once the I-130 petition is approved, and you’ve been given the authorization to sponsor your spouse, then it’ll take another 5 months to receive the green card. This is basically an entire year of your life spent dealing with this branch of the federal government. To minimize frustration with the delays in their processing times, USCIS allows sponsored spouses to get a work permit three months after the I-130 has been approved and the I-765 form submitted, which means that your spouse will sit at home for about 8 months before they can engage in any sort of professional activity legally. Working with an immigration attorney is helpful There are many people who don’t see the need of hiring an immigration lawyer when dealing with USCIS because they think that all they must do is file their petition properly, and they blindly trust the processing times featured on the agency’s website. Yet, things rarely turn out as expected for them, since USCIS might request additional evidence, which would increase the length of the review. Even if you decide to call the agency to get an update on your petition, you wouldn’t be able to get a clear answer.  On the other hand, the lawyer will be provided with accurate feedback, such as where exactly your case is standing and when it shall move on to the next review process. In addition, immigration attorneys have the ability to expedite the handling of your case via making numerous calls and sending out letters. Sending mail will take you nowhere because only documents supporting your case will be accepted, for instance. Because immigration attorneys can accelerate the review process of your case, you’re strongly recommended to work with one when filing for spousal sponsorship. To learn more, contact a company like Carmen DiAmore-Siah Attorney At...

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