Category Archives: Immigration

Divorce is a challenging and emotional process in any circumstances. When you’re also dealing with the complexities of immigration status, it can feel even more overwhelming than it already does. For individuals in Louisiana whose immigration status is tied to marriage, understanding how divorce can affect their legal standing is crucial. Keep reading to better understand the implications of divorce on immigration status and get guidance on protecting your rights during this difficult time.

Divorce and Immigration Law in Louisiana

It’s not uncommon for immigration status to be tied to a marital relationship in the United States. Divorce can raise significant concerns for those seeking to remain in the U.S. based on their marriage to a U.S. citizen or lawful permanent resident.

Understanding the legal landscape is vital for anyone facing a divorce with a marriage-based immigration status.

Marriage-Based Immigration Visas

Marriage-based immigration visas, such as the K-1 fiancé visa or the CR1/IR1 marriage green card, grant the foreign spouse the right to live and work in the U.S. However, divorce can affect the foreign spouse’s ability to maintain lawful status.

Legal Consequences of Divorce

One of the main concerns is whether a divorce will result in the loss of immigration status. The divorce can create complications if the foreign spouse has a conditional permanent resident status.

They often receive a conditional status for two years when granted a green card based on marriage. After this period, they must file for the removal of conditions to become a permanent resident.

The foreign spouse may face challenges in maintaining their immigration status if the marriage ends before they complete this step. They may only avoid these challenges if they qualify for a waiver of the conditions.

Important Note: Divorce doesn’t automatically result in the loss of immigration status. However, if you are a conditional permanent resident, you may need to prove your marriage was genuine to remove the conditions.

How Divorce Affects Various Visa Holders

Divorce can affect individuals with different types of marriage-based visas in various ways. The specifics will depend on the individual’s immigration status and the stage of the immigration process.

K-1 Fiancé Visa Holders

You could marry your U.S. citizen spouse within 90 days of entering the U.S. on a K-1 fiancé visa. However, if the marriage dissolves before the visa holder can adjust their status, they may face a difficult situation.

Divorce Before Adjustment of Status

A visa holder will typically lose their ability to stay in the U.S. under that status if the divorce happens before the visa holder has applied for permanent residency. In these circumstances, the individual would need to leave the country. However, they might avoid doing so if they can adjust their status based on a different immigration pathway, such as employment or family sponsorship.

Important Note: If you are facing divorce and hold a K-1 visa, seeking legal advice on transitioning to another status is crucial before your visa expires.

Marriage-Based Green Card Holders

Individuals who’ve obtained a green card through marriage to a U.S. citizen or permanent resident may face complications if the marriage ends in divorce. The “removal of conditions” process becomes particularly significant in this case.

Conditional Green Cards and Divorce

Those granted conditional permanent residency through marriage must file to remove the conditions within two years of receiving their green cards.

If they divorce before filing to remove the conditions, they may have to prove the marriage was not fraudulent. Otherwise, they won’t be able to remain in the U.S.

Important Note: Divorce during the two-year conditional period can complicate obtaining permanent residency unless a waiver is granted based on hardship, abuse, or other qualifying circumstances.

Undocumented Immigrants Married to U.S. Citizens

Divorce can further complicate the adjustment of status for undocumented immigrants who marry a U.S. citizen or lawful permanent resident.

Marriage to a U.S. citizen is often a pathway to legal status. However, divorce may prevent the individual from completing the process unless other legal remedies are sought.

What Happens After Divorce?

An undocumented immigrant may still apply for lawful status through other avenues, such as family sponsorship or humanitarian relief. However, with legal representation, the process can be easier to navigate.

Legal Processes and Protections Available

Various legal processes and protections exist to help individuals maintain their immigration status even if the marriage ends.

Divorce Proceedings and Immigration Applications

Divorce can affect several aspects of your immigration journey. Examples include processing petitions for permanent residency, citizenship, or adjustment of status.

In Louisiana, divorce proceedings typically happen in state courts. Federal agencies handle immigration petitions. However, decisions made in one court can influence the other.

Adjusting Status Post-Divorce

Divorce may delay or complicate the process if you are in the middle of adjusting your status when you file for divorce. However, continuing the process is possible if you meet the requirements for an independent immigration status or waiver.

Important Note: It is advisable to consult with both an immigration attorney and a family law attorney to ensure that your divorce does not jeopardize your immigration status.

Legal Protections for Abuse Victims

In cases of abuse, U.S. immigration law offers protections through programs like the Violence Against Women Act (VAWA), which allows individuals who’ve been abused by their spouses to apply for a green card independently of the abuser.

This can be a lifeline for those in abusive relationships. It allows them to seek protection and lawful status even if the marriage ends in divorce.

Case Studies or Legal Precedents

The interplay between divorce and immigration status can have significant legal consequences in Louisiana and other parts of the U.S. Several notable cases have highlighted the importance of legal representation for individuals facing immigration challenges and marital dissolution.

For example, there was a case in which an immigrant filed for divorce and later found out that their status was at risk due to the conditional residency requirements. The individual sought a waiver based on hardship and was able to maintain their green card status despite the divorce.

These cases emphasize the importance of understanding the legal framework—and ensuring proper steps are taken during a divorce to protect one’s immigration rights.

What You Can Do if Facing Divorce and Immigration Concerns

Taking certain steps can minimize the impact on your immigration status if you are facing both divorce and immigration challenges.

Steps to Take

1. File for a Waiver. You may be eligible for a waiver to remove the conditions if you have a conditional green card and your marriage ends in divorce. This process requires proving that the marriage was genuine or that you’re facing hardship.
2. Adjust Your Status. Are you on a K-1 visa or another temporary status? If so, you may need to apply for a change in your status through other legal channels, such as employment or family sponsorship.
3. Seek Legal Advice. Consult with an attorney who specializes in both immigration and family law. An experienced lawyer can guide you through the complex processes and help you secure your status both during and after the divorce.

Important Note: Legal counsel is essential when navigating divorce and immigration issues to avoid pitfalls and protect your rights.

FAQs

Can I lose my green card if I get divorced?

No, divorce doesn’t automatically result in losing a green card. However, if you hold a conditional green card, removing the conditions may be required to prove the marriage was legitimate.

What happens to my immigration status if I divorce before the approval of my green card application?

Divorce may prevent you from adjusting your status unless you qualify for an independent immigration remedy or waiver.

Can I apply for a green card after divorce?

You can apply for a green card independently if you meet the eligibility criteria. Factors that can affect eligibility include employment, family sponsorship, or humanitarian relief.

What legal protections are available if I am divorced and facing immigration challenges?

Protections include waivers and relief under programs like VAWA. They allow abuse survivors to apply for a green card independently.

Get Help with a Louisiana Divorce Affecting Immigration Status

Divorce and immigration status are closely intertwined. However, getting divorced doesn’t have to lead to losing your legal standing in the U.S. By understanding the potential impacts and taking proactive legal steps, you can secure your future and protect your rights.

If you are facing divorce and are concerned about your immigration status, consult with a lawyer who understands both family law and immigration law. The attorneys at Stephenson Chavarri & Dawson are here to help guide you through this complex process and protect your legal rights during this challenging time.

If you need guidance on how divorce may impact your immigration status, the attorneys at Stephenson Chavarri & Dawson can provide the expertise you need to handle the complexities of family law and immigration law.

Understanding how criminal records affect U.S. immigration eligibility is vital for anyone seeking entry or residency in the United States. When evaluating immigration applications, authorities thoroughly assess an individual’s criminal history. Certain offenses, particularly those classified as moral turpitude or aggravated felonies, can lead to inadmissibility or even deportation. However, not all criminal records carry the same weight. The offense’s nature, severity, and timing play significant roles in determining its impact on immigration processes. Additionally, some categories of crimes may allow for waivers or other forms of relief, depending on specific circumstances. Immigrants need to be aware of how their criminal history might influence their ability to live or work in the U.S. 

Navigating the Complexities of Immigration Law with a Criminal Background

Dealing with immigration law becomes more complex for individuals with a criminal background. The U.S. immigration system places significant emphasis on an applicant’s criminal history, which can influence both visa eligibility and residency prospects. For those with past offenses, the type and severity of the crime are key factors in determining the impact on immigration status. While certain misdemeanors may have minimal effects, felonies, especially those involving moral turpitude or aggravated nature, often lead to more serious consequences, including potential inadmissibility or deportation. It’s also important to consider the time elapsed since the conviction and any rehabilitation efforts undertaken. These elements can sometimes mitigate the negative implications of a criminal record. Individuals with a criminal past must understand these factors to effectively approach their immigration journey, considering their unique situation’s complexities.

How Different Types of Criminal Convictions Affect U.S. Visa Applications

Different types of criminal convictions have varying impacts on U.S. visa applications. The U.S. immigration system categorizes crimes into several groups, with each category affecting visa eligibility differently. Crimes of moral turpitude, including offenses like fraud, theft, and violent crimes, can make an applicant inadmissible. Similarly, aggravated felonies, a category including serious crimes such as murder or drug trafficking, carry severe immigration consequences.

On the other hand, lesser offenses, particularly those classified as petty crimes or those which occurred a considerable time ago, may have less impact on visa eligibility. It’s important to note immigration officials assess each case individually, considering factors like the offense’s severity, the number of convictions, and any mitigating circumstances. 

Waivers and Relief Options for Immigrants with Criminal Histories

For immigrants with criminal histories, waivers and relief options can provide a pathway to overcome inadmissibility or deportation challenges. The U.S. immigration law offers several types of waivers, each designed to address specific circumstances. One common waiver is for those who can demonstrate denied entry would cause extreme hardship to a U.S. citizen or permanent resident family member. Another option is the U visa, targeted at victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement.

Additionally, the Immigration and Nationality Act provides a waiver for certain types of crimes committed more than 15 years before the application, if the individual can show they have been rehabilitated and their admission is not contrary to national welfare, safety, or security. Each of these waivers and relief options has its own set of requirements and conditions, offering potential avenues for immigrants to address the challenges posed by their criminal records.

The Role of Good Moral Character in Immigration Cases Involving Criminal Records

In immigration cases involving criminal records, demonstrating good moral character is an important aspect. U.S. immigration law often requires individuals to prove they possess good moral character, especially when applying for certain immigration benefits, like naturalization. 

This requirement becomes even more significant for those with a criminal background.

Good moral character is evaluated over a statutory period, usually the five years preceding the application. For individuals with a criminal history, showing rehabilitation and a commitment to upholding societal values is key. Factors like steady employment, community involvement, and absence of new legal issues can positively influence this assessment.

Immigration authorities consider each case on its own merits, weighing the negative aspects of a criminal record against evidence of good character. Demonstrating a positive change in behavior and a commitment to lawful conduct can help mitigate the impact of past offenses on immigration proceedings.

Deportation Risks for Non-Citizens with Criminal Convictions

For non-citizens with criminal convictions, the risk of deportation is a significant concern. The U.S. immigration law is stringent regarding criminal activities, especially for those who are not citizens. Deportation, or removal, can be initiated for various offenses, with the severity of the crime often dictating the likelihood of this action.

Aggravated felonies and crimes of moral turpitude top the list of offenses that increase deportation risks. These can include serious crimes such as drug trafficking, theft, or violent offenses. Even minor crimes can lead to deportation proceedings under certain circumstances, especially if they occur soon after arrival in the U.S. or if there are multiple offenses.

Non-citizens with criminal records face complex legal challenges, as past missteps can severely affect their right to stay in the U.S.. Understanding the potential impact of criminal convictions is crucial for non-citizens residing in the United States.

Key Differences Between Inadmissibility and Deportability for Immigrants

Concerning U.S. immigration law, understanding the differences between inadmissibility and deportability is vital for immigrants. Inadmissibility refers to conditions preventing an individual from entering the United States or obtaining certain immigration benefits. This typically arises during the visa application process or when seeking admission at a port of entry. Common grounds for inadmissibility include health-related issues, criminal background, security concerns, and previous immigration violations.

Deportability, on the other hand, concerns individuals who are already in the U.S. but may be removed due to certain violations. This can include criminal offenses, violation of status, unauthorized work, or becoming a public charge after entry. While inadmissibility looks at an individual’s eligibility to enter or remain in the U.S., deportability focuses on the conditions leading to their removal after they have already entered the country. 

Best Practices for Disclosing Criminal History in Immigration Applications

When it comes to disclosing criminal history in immigration applications, honesty and thoroughness are paramount. Immigrants must disclose all encounters with law enforcement, regardless of the outcome or severity of the offense. Failing to do so can lead to serious consequences, as U.S. immigration authorities place a high value on transparency and truthfulness.

It is advisable to provide detailed information about each incident, including the nature of the offense, the date it occurred, and the outcome. Accompanying this information with official records, like court documents, can lend credibility and clarity to the application. It’s also beneficial to include any evidence of rehabilitation or positive changes since the incident, such as community service or counseling.

By being forthcoming about their criminal history, immigrants can avoid misunderstandings or misinterpretations that might negatively affect their application. Clear and complete disclosure demonstrates responsibility and respect for the legal process, key factors in immigration proceedings.

Call 504-523-6496 or contact our expert team for a free consultation. 

In 2019, the American Immigration Council reported Louisiana has more than 195,000 immigrant residents, comprising 4.2% of the state’s population. Immigrants in Louisiana are more likely than the general population to be of working age, with 78% between the ages of 16 and 64. The top country of origin for immigrants to Louisiana is Honduras (18.8%) followed by Mexico (13.6%), Vietnam (11.3%), Cuba (5.8%) and India (4.4%).

The journey to permanent residency in the United States for immigrants includes the process of Adjustment of Status, referring to a process in immigration law whereby a person changes from a temporary nonimmigrant status to a permanent resident status. It represents an essential step for individuals desiring to live in a country on a long-term basis. Understanding this procedure is vital for those looking to unite with family members or explore permanent employment opportunities in a new country. While it may seem like a complex process, a clear grasp of its definitions and importance can make it more approachable. It plays a central role in the lives of many immigrants, opening doors to opportunities and stability within a new homeland.

Eligibility Criteria: Who Can Apply for Family Member Adjustment?

To apply for Family Member Adjustment, certain eligibility criteria must be met. Generally, a person who is a close relative of a citizen or legal permanent resident might qualify for this adjustment. These relatives can include spouses, children, parents, or siblings, depending on specific immigration laws and policies. There are also different visa categories, each with unique requirements. Applicants need to have a legal entry into the country, such as through a valid visa or other authorized entry document. Some additional factors, such as age, marital status, and financial stability, might be considered in determining eligibility. 

Necessary Forms and Paperwork: A Step-by-Step Guide

Filing for Family Member Adjustment of Status requires completing various forms and gathering specific paperwork. First, an applicant must fill out a petition form, usually identified as Form I-130, to establish a qualifying relationship with a relative who is a citizen or permanent resident. Next, an application for adjustment, known as Form I-485, must be filled out. In addition to these main forms, there might be requirements for supplementary documents such as proof of relationship, financial statements, and medical examinations. Organizing and submitting all necessary documents in a timely manner is key to a successful application process.

Visa Categories and Selection: Insights and Guidelines

When filing for Family Member Adjustment of Status, understanding different visa categories and making the right selection is an essential part of the process. Various visa categories are designed to cater to specific relationships and situations, such as spouses, children, or siblings of a citizen or legal permanent resident. Each category has its guidelines and choosing the right one can be vital for a successful application. Some categories might have a quicker processing time, while others might have more stringent requirements. It’s essential to carefully review all available options and guidelines to make an informed decision. Knowing the insights into each visa category and following proper guidelines can pave a smooth path in the journey towards permanent residency.

Legal Procedures and Timelines: What to Expect in Processing

The process of Family Member Adjustment of Status involves several legal procedures and can take varying amounts of time. After submitting all required forms and documents, an applicant might wait for several months or even years, depending on the visa category and other factors. During waiting periods, immigration authorities may request additional information or documents, and it’s vital to respond promptly to avoid delays. Once all paperwork has been approved, an interview might be scheduled to verify information. After a successful interview, the applicant can expect to receive a decision. Timelines can vary widely, so patience and careful attention to detail can be helpful during this process.

Potential Challenges: Common Issues and How to Address Them

Applying for Family Member Adjustment of Status can present potential challenges and common issues may arise during the process. These might include delays in processing, incomplete or incorrect paperwork, or misunderstandings regarding specific requirements. Addressing such challenges requires a careful and thorough approach. Being organized and double-checking all forms for accuracy can prevent errors that might cause delays. Staying informed about the status of an application and responding promptly to any requests for additional information can also streamline the process. 

Interview Process: Preparation and Expectations

The interview process is a significant phase in the Family Member Adjustment of Status application. Applicants are usually required to attend an interview conducted by immigration authorities. Preparation involves gathering all necessary documents, such as passports, financial statements, and any paperwork related to the application. Applicants can expect questions about their family relationships, background, and reasons for seeking adjustment. Being honest and consistent with the information provided in the application is essential. An applicant should also be ready to clarify any unclear or complex parts of their application if asked. Understanding what to expect in the interview, along with careful preparation, can help ease anxiety and enhance confidence. 

Affidavit of Support: Financial Responsibilities Explained

An Affidavit of Support is a legal document often required in the Family Member Adjustment of Status process. It serves as a formal promise by a sponsor, usually a family member or employer, to financially support the applicant if necessary. The sponsor must demonstrate the ability to meet specific income requirements, ensuring the applicant will not become a financial burden to others. The sponsor’s responsibilities might include covering living expenses, healthcare, education, and other essential needs. Completing an Affidavit of Support involves filling out the designated form and providing evidence of financial stability, such as tax returns or pay stubs. 

Post-Approval Procedures: What Happens After Success?

After a successful Family Member Adjustment of Status application, there are specific post-approval procedures to follow. Upon approval, the applicant usually receives a notice confirming the adjustment to permanent resident status. Shortly thereafter, a Permanent Resident Card, commonly known as a Green Card, is issued, allowing the new resident to live and work in the country legally. New residents may also want to explore opportunities for employment, education, and other community integration aspects. Family members living abroad might be eligible to join the new resident, depending on immigration laws and regulations. 

Call 504-523-6496 or contact our expert team for a free consultation. 

Nationality is no impediment to falling in love: with international travel and digital communication easier than ever, it’s no surprise one-fifth of American households have at least one spouse born in a foreign country. Although finding “the one” can feel like overcoming impossible odds, for foreign nationals married to US citizens, marriage is just the first step in securing the right to work in the United States. 

The journey begins with an American citizen, who is married to a foreign spouse, filing a Form I-130, Petition for Alien Relative. Once approved, this leads to the crucial step of applying for an immigrant visa. With the visa in hand, the foreign spouse can then proceed to move to the U.S. However, it’s not just about filling out forms and waiting. The process also includes attending interviews, undergoing medical exams, and meeting financial obligations. This journey requires patience, precise document handling, and a deep understanding of the steps involved.

Your First Step: Validating Your Marital Relationship

The journey to obtaining a green card through marriage starts with validating the marital relationship. It is essential for the couple to demonstrate the marriage is legitimate and not just for the purpose of obtaining immigration benefits. This validation process involves providing evidence such as joint bank account statements, property leases, children’s birth certificates, or photos depicting a shared life. The U.S. Citizenship and Immigration Services (USCIS) places great importance on the legitimacy of the relationship. Failing to provide adequate proof may result in the application being denied, so it’s vital to gather as much supporting evidence as possible. 

What to Expect During the Green Card Interview

The green card interview typically takes place at a USCIS office or U.S. embassy or consulate, depending on where the applicant resides. Both the U.S. citizen and the foreign spouse are required to attend. The main purpose of the interview is to verify the legitimacy of the marriage. The interviewing officer will ask questions about the couple’s relationship, living arrangements, daily activities, and future plans. It is important to answer all questions honestly and consistently. Bringing additional documentation like photos, correspondence, and shared bills can help provide extra proof of the marriage. The interview can feel daunting, but preparation and honesty are key.

Legal Requirements and Responsibilities as a U.S. Sponsor

As a U.S. sponsor for a marriage-based green card, certain legal obligations need to be met. The sponsor must be a U.S. citizen or lawful permanent resident, over the age of 18, and residing in the U.S. An important part of the sponsorship process is the Affidavit of Support, which demonstrates the sponsor’s financial ability to support the immigrant spouse. This means the sponsor’s income must meet or exceed 125% of the federal poverty guidelines. If the sponsor fails to meet these financial requirements, they may need to find a joint sponsor who does. Keep in mind the sponsor’s responsibility continues until the immigrant spouse becomes a U.S. citizen, or has been a permanent resident for 10 years.

The Importance of the Medical Examination and Vaccination Requirements

The medical examination is an important component of the green card application process. It helps ensure the immigrant applicant doesn’t have any health conditions that could pose a public health risk. The examination must be performed by a doctor approved by U.S. Citizenship and Immigration Services (USCIS). It includes a physical examination, a review of medical history, and certain necessary immunizations. The results are recorded in Form I-693 and sealed for submission to USCIS. It’s essential to note applicants should not open this sealed envelope. The medical examination is more than a mere formality. It is a vital requirement underscoring the commitment to safeguarding public health in the United States.

Understanding the Role of the U.S. Embassy or Consulate in Your Home Country

If the spouse seeking a green card is residing outside the United States, they’ll primarily interact with the U.S. embassy or consulate in their home country. Once USCIS approves the Form I-130, the case is transferred to the National Visa Center, which then sends it to the appropriate U.S. embassy or consulate. This is where the applicant will have their visa interview. The embassy or consulate’s role is to ensure the applicant is eligible for the visa category they’ve applied for. They will review the application, conduct the interview, and if everything is in order, issue the immigrant visa. The embassy or consulate plays a significant role in the final stage of the green card process.

Overcoming Possible Obstacles: Dealing with Inadmissibility Issues

In the process of seeking a green card, an applicant might encounter what’s known as “grounds of inadmissibility.” These conditions or past actions may disqualify them from receiving a green card. Common examples include certain health conditions, past criminal activity, prior immigration violations, or the likelihood of becoming a public charge. However, encountering such issues does not always spell the end of the green card journey. In some instances, applicants can apply for a waiver – essentially a form of forgiveness – to overcome these obstacles. Waivers are available for many, but not all, grounds of inadmissibility, and are subject to approval by U.S. immigration authorities. Thus, tackling inadmissibility issues can be challenging, but there are potential paths forward.

Keeping Your Status Secure: Maintaining Your Green Card Post Approval

Securing a green card is a significant achievement, but it’s also the beginning of a new chapter. Maintaining one’s status as a lawful permanent resident requires adherence to certain rules. Green card holders should inform U.S. Citizenship and Immigration Services (USCIS) about any changes of address within ten days. It’s also vital to renew the green card before it expires, typically every ten years. Furthermore, spending too much time outside the U.S. could lead to the conclusion of abandonment of residence. A prolonged absence might require obtaining a re-entry permit before departure. Understanding these obligations and remaining compliant helps ensure the hard-earned green card status remains secure, opening up the path to a fulfilling life in the United States.

Call 504-523-6496 or contact our expert team for a free consultation. 

The U.S. immigration system has a certain number of immigrant visas available for foreign immigrants each fiscal year starting on October 1. The system is generally set up to favor family members, immigrants who are already in the country, and persons with extraordinary or uncommon abilities. 

The U.S. government allots at least 226,000 family-based immigrant visas each year. Immediate relative and family preference are the two subcategories of family-based immigrant visas. Then, based on the relationship, the family preference group for non-immediate relatives is separated into four levels.

Immediate Family Members 

Those who have immediate family members legally living in the United States can also receive a green card through the Immediate Relative Application by filing forms I-485 and I-130. The term immediate relatives refer to a spouse, children over the age of 21, or parents. The person representing an application must be a United States citizen. Additionally, there are green cards for widowers of immediate family members. 

In addition to filing the necessary forms, the applicant must also submit a copy of form I-797, form I-94, and an approval. Moreover, the application also needs specific identifying documentation attached to their application, as well. This will include two official (passport-style) photos, a copy of a government issued ID with a photograph, a birth certificate, a passport page with a nonimmigrant visa, a passport page with an admission or parole stamp, and an arrival/departure record. 

Individuals must independently meet the requirements for a Green Card and submit their own application if they are the spouse or child of an immediate relative who is a U.S. citizen. As the derivative beneficiary under the immediate relative’s application, they are ineligible to receive a Green Card.

Non-Immediate Family Members

Some non-immediate relatives of a citizen or permanent resident may need to wait when applying for permanent status until a visa becomes available. Since Congress has capped the number of relatives who may immigrate under these categories each year, there is frequently a waiting time until an immigrant visa becomes available.

Those waiting for non-immediate family visas are put in a line based on their preference levels. There are four preference categories, and they are based on the relationship the citizen and immigrant share. Those with a closer relationship status, such as an adult son or daughter, will be given a higher preference when applying for a green card. 

First Preference Category 

In order to become a lawful permanent resident, certain foreigners who are relatives of United States citizens must submit an application for a Family First Preference (F1) Visa for Unmarried Sons and Daughters or a green card.

The F1 Visa is a sort of green card given to U.S. citizens’ relatives, particularly their sons and daughters who are not married. Be aware that specific requirements must be met and that it might be necessary to apply for a different kind of green card depending on the family member.

Those seeking an F1 visa must meet the mandatory requirements. Those requirements cannot be adjusted and include that the daughter or son must be unmarried and they must be children the U.S. citizen, not a permanent resident, the daughter or son must be 21 years or older, and they must have met the definition of “child” when they were under the age of 21. 

Second Preference Category 

Most non-immediate family visas fall under the second preference category. Nearly half of the visas granted each year for non-immediate family members are the second preference of the F2 visa category. 

Spouses and kids of legal permanent residents are eligible for the F2A Visa, also known as the second priority of the Family Immigration Visas. Children in this situation must be under 21 years old and unmarried.

There is an F2B visa, as well. Those seeking an F2B preference visa must be an unmarried son or daughter of a lawful permanent resident. 

Third Preference Category 

The “Preference Relative” category of US family visas includes the family-based “F3” visa. Children of US citizens living abroad are eligible for the F-3 visa. Only the married children of US citizens are eligible for this visa; it does not apply to children who are not married. Additionally, the spouse and unmarried minor children who are younger than 21 years old are also eligible for the F-3 visa.

The spouse, children, and married child of a U.S. citizen are all eligible for this visa. The child of a U.S. citizen may come to the country with their entire family. It is, therefore, a well-liked Preference Relative visa. An F3 visa holder may freely reside, work, and study in the United States.

Fourth Preference Category 

The last category of preference visas is the fourth category, known as the F4 visa. 

Immediate Relative and Family Preference are subcategories of Family Immigration. In terms of siblings, the F4 belongs to the second group. Only the siblings of US residents are eligible for the F4 visa. Keep in mind that in order to be a part of your application, your sponsor must be at least 21 years old.

The sponsor cannot be a US citizen, permanent resident, or holder of a green card. This method is limited to US citizens only.

The Effect of Preference Levels on Green Card Applications

The family preference categories might still affect a person’s chances of being accepted, even though U.S. family petitions are processed in chronological order based on the date of filing. Each of the family preference groups is limited in the number of candidates they can accept. In order to make more room, remaining numbers from some of the higher preference categories may be moved to the lower preference categories.

Also, a visa can fall into a different preference category after filing if the status of the U.S. citizen or immigrant changes. If a family member becomes married or divorced, or if they fall outside of the age range after filing, then the applicant may fall into a subsequent category. This would affect the wait time and priority level. 

It is particularly crucial to comprehend these categories, and how they can affect your abilities and the length of time it takes to obtain a visa and a green card in years with a high number of applicants because there are only 226,000 preference visas given out annually, regardless of the number of applicants. 

Criminal charges can negatively impact immigration proceedings. U.S. Immigration officials consider moral character when determining immigration approval. However, a lingering criminal charge — and worse — a conviction, can forever impact an immigrant’s life. An immigration attorney can help you face your charges by building a strong defense and representing you in court. Seek legal help now by reaching out to a  Louisiana criminal defense attorney for a free case evaluation.

Understanding What an Arrest Means

An arrest occurs when you are suspected of criminal activity. Regardless of your immigration status, an arrest is a serious legal matter. Hiring a criminal defense lawyer knowledgeable about immigration law can help protect your best interests.

For example, undocumented immigrants or those with a temporary status can face deportation for such crimes as:

• Domestic violence
• Controlled substance crimes
• Firearm charges
• Aggravated felonies like sexual abuse of a child
• Crimes against U.S. citizens or the United States

Crimes of Moral Turpitude can also serve as a cause for deportation upon conviction:

• Arson
• Child abuse
• Grand auto theft
• Murder
• Rape
• Robbery
• Failure to register as a sex offender
• Illicit trafficking in a controlled substance or firearms
• Money laundering

This is not a complete list of the types of crimes defined as crimes of moral turpitude. According to the U.S. Department of Justice, a conviction for crimes of moral turpitude must occur within five years of entry into the country. In addition, the immigrant must receive a sentence of confinement — or be confined — for one year or longer.

An arrest for any criminal charge is a reason for concern if you are an immigrant. A conviction is of great concern as it can lead to deportation. It is best not to take your arrest lightly but, rather, to seek the help of a Louisiana criminal defense attorney.

Arrest vs. Conviction

The outcome of your criminal case is crucial to your immigration status. An arrest does not mean you are automatically guilty.  A court must find you guilty of the charges and impose a sentence or deportation.

The prosecuting attorney has the burden of proving you guilty. You have a right to defend yourself against the charges. Not all arrests result in a conviction. In some cases, the following occurs:

• Charges are dropped before the case ever goes to trial
• You are found innocent by a judge or jury

These are two examples of what may occur with your case. Depending upon the nature of your alleged crime, a plea deal to help you avoid deportation may be one option your attorney explores. How you proceed upon your arrest is crucial for your future immigration status.

A new country with a different culture is challenging enough — dealing with the court system alone can overwhelm and frighten you. A criminal defense attorney can stand by your side throughout this difficult time.

The Serious Consequences of Deportation

For immigrants seeking a new life in America, deportation for a criminal conviction is devastating. While you may appeal your case, you must continue with the deportation process following your conviction.

The appeals process continues in American courts as you return to your native country or a new destination. The process for re-entry into the United States is slow and extremely complex. Some criminal convictions result in a permanent ban.

Even if you avoid deportation, a lengthy prison sentence can impact you and your family. Therefore, the steps you take immediately following your arrest are imperative for your future.

A Louisiana defense attorney can help you fight the criminal charges that, if successful, may result in a loss of your American dream.

Why Hiring a Criminal Defense Lawyer Matters

Your immigration status is too important to leave to chance. Managing your case alone places you at risk for admitting to a crime you did not commit and other damaging mistakes.

A criminal defense lawyer can protect your best interests by managing the details of your case. Your lawyer works hard on your behalf from important phone calls, legal forms, and interactions with the prosecuting attorney.

Most immigrants are unfamiliar with how the U.S. court system operates. Language barriers can make it difficult to comprehend hearings and to understand court documents. A criminal defense lawyer is on your side and can carefully explain important matters to you.

Do not wait until it is too late. Contact a Louisiana criminal defense lawyer without delay. The sooner they get to work for you, the faster they can investigate what happened and build a plan to protect you from possible deportation. Once you secure a lawyer, provide them with as much information regarding your criminal charges, including police reports, witness information, and any credible evidence.

Stephenson, Chavarri, & Dawson, LLC: Legal Defense for Immigrants

At Stephenson, Chavarri, & Dawson, LLC, we understand immigrants’ challenges in understanding U.S. laws. Our team is diverse, multi-lingual, and ready to assist you with your criminal case.

You must contact us as soon as possible. We offer a free case evaluation, providing you with the opportunity to learn your legal options. As we proceed with your case, we will keep you updated regarding your case.

An arrest is a frightening experience. It is especially frightening when you are unfamiliar with the legal process. For many immigrants, a criminal conviction results in deportation, a heartbreaking experience.

Stephenson, Chavarri, & Dawson, LLC are proud to assist immigrants needing a strong and experienced criminal defense lawyer.  While there is no way to determine the outcome of any case, we work hard to investigate your case and provide the best defense possible.

If you are an immigrant charged with a crime, let us help you. You can contact us online or call us at 504-523-6496. Our compassionate and caring staff is ready to get to work on your behalf today.

If you met the love of your life, it is often a time of celebration. However, if your partner is not a United States citizen, the process of becoming a family may not be as easy as you were hoping it to be. In truth, there are numerous hurdles that you will have to get through before you can start building your life as a married couple in the U.S. 

To help clear up some of this uncertainty, we have created the following blog post. In it, we will go over everything you need to know about the K-1 visa and the best path forward for you and your significant other. 

What Exactly is a K-1 Visa?

A K-1 visa, also referred to as the fiancé visa, allows a U.S. citizen’s engaged immigrant partner to enter the United States as long as the couple gets married no more than 90 days later. Once they are married, the immigrant spouse can apply for permanent residence or a green card based on their marriage. 

What Happens When You Do Not Get Married Within 90 days

According to the United States Citizenship and Immigration Services (USCIS), if you do not get married within 90 days, the immigrant fiancé and any children brought to the United States will not be able to adjust their status. Instead, they will have to return to their home country. If they do not leave and instead stay in the United States for more than six months after their K-1 visa has expired without getting married, they can be banned from entering the United States again for up to ten years.

However, if the couple gets married, but not within 90 days, they will need to file a Form I-130 Petition for Alien Relative to establish a valid relationship between the partners. 

What Do You Need to Do Once You Are Married

If everything goes according to plan and the marriage takes place within the required 90 days, the citizen spouse will be able to file Form I-485, Adjustment of Status, on behalf of their immigrant spouse. In addition, the immigrant spouse can also request a work permit and travel documents while their green card is pending.

Overview of The K-1 Visa Process

In order to apply for the K-1 visa, the U.S citizen will have to have met their immigrant partner in person within the past two years. This in-person meeting has to have occurred before they petition for them to come into the United States. After this requirement has been established, the U.S. citizen or the petitioner will need to file Form I-129F, Petition for Fiancé(e), with USCIS and provide proof that they are a U.S. citizen, such as by submitting a copy of their birth certificate or passport. The petitioner will also need to provide evidence of their relationship and their intention of getting married. All of these documents, when taken together, will be used to establish the presence of a bona fide relationship. 

Once submitted, this application will usually take around five to seven months to process. However, processing times will also depend on whether USCIS needs any additional documents from the petitioner. 

Once USCIS approves the application, the next step is for the forms to be forwarded to the Department of State’s National Visa Center (NVC), who will send the I-129F application to the fiancé’s home country so that they can take the steps there to file for the K-1 visa.

Typically, about two weeks after receiving the case, the U.S. embassy or the consulate will dispatch a letter with instructions and a schedule for the immigrant to coordinate so that they can obtain their medical exam and schedule a visa interview. 

The Income Requirements — What You Need to Prove

To get the K-1 visa approved, there are specific income requirements that also need to be met. These requirements will be established with the submission of certain forms, including Form I-134, Affidavit of Support, which must be submitted in the early stages of the K-1 visa process. For these income requirements to be satisfied and the Form I-134 to be approved, the petitioning fiancé must prove that they make enough money to support their immigrant partner.

The Interview Process

Another important aspect of obtaining the K-1 visa is the interview. Once the interview has been scheduled, it is critical that every effort is made to attend this meeting. However, it is also important to note that only the immigrant fiancé is allowed to be there.

The consular officer performing this interview will often decide whether the immigrant fiancé will be granted the K-1 visa based on how the interview goes and all the other supporting documents submitted. 

Typically, the documents that are needed to be taken to the scheduled interview include:

• Birth Certificate

• Non-expired Passport

• Medical Exam

• Any certificates of a previous spouse’s death or divorce paper

• Two United States passport-style photographs

• Documents showing financial support

• Documents proving the relationship

• Form DS-160

• Visa fees

Filing a K-1 Visa? Get the Legal Help You Need Today

If you are looking to bring your partner from another country to the United States, it is important that you not only understand the regulations that dictate this process but are also able to provide the necessary evidence needed to prove your relationship. Fortunately, when you work with an experienced K-1 visa lawyer, you do not have to take on this complicated legal process on your own. Instead, these attorneys are ready to provide you the legal help you need so that you can bring your partner to the United States and start living the life you have always wanted. 

That is why do not wait any longer. Contact the law firm of Stephenson, Chávarri & Dawson, L.L.C. today or call our office at 504-523-6496 to get the answers you want and the help you require.

 

The United States is a country composed largely of immigrants. According to the Migration Policy Institute, more than 44 million legal immigrants were living in the United States as of 2019. One million people obtained permanent residency that year alone. The dream of moving to the United States and building a life in a new country is one so many people long to achieve. But if you are going through the process yourself, it can all feel a little overwhelming. The good news is, it doesn’t have to be. US citizenship is achievable, and with diligence and careful attention, it is one you can achieve. 

At Stephenson, Chavarri & Dawson, LLC, we work every day to help our clients achieve their goals of US citizenship. Your dreams are within reach. That said, simple mistakes can cause a delay in your application or may result in your application being denied. If you are going through the immigration process, we may be able to help. Contact our office at 504-523-6496 or visit us online to speak to a member of our legal team. Below, we’ll discuss the top 5 mistakes applicants make when applying for US citizenship. 

Missing or incomplete paperwork

If you are seeking citizenship within the United States, you will need to fill out an initial application and file it with the US Citizenship and Immigration Services. The form will ask you about your family, employment and criminal history, and other questions that will help administrators determine whether you should receive permanent citizenship in the United States. 

One of the biggest mistakes applicants make during the process relates directly to the application itself.  The application is long, and it is easy to miss something or make a mistake. When you complete the application, it is important to be thorough and answer every question and sign where indicated. Something as simple as a missing signature can hold up your application, or result in an automatic denial.  Check the application before you send it in. Even better, have a second set of eyes review the application as well. If you notice a mistake, do not cross it out. Instead, start over and fill out a new form.

Within the application, you will also be asked to provide supporting documents. Make sure to provide photocopies of any and all documents requested, unless the original document is requested. Other common mistakes when it comes to filling out and submitting the actual application include:

• Using an outdated form;

• Send the form to the incorrect address;

• Failing to have supporting documents translated to English (this is required)

Incorrect or missing payments

Throughout the course of the application process, you will be required to submit payments for various services. Unfortunately, the exact payment amounts may change. For this reason, it is extremely important to verify the amount of any payment and when it is due. Current information can be found on the USCIS website.  

As of this writing, payments are accepted in the form of check, money order, or credit card. Be sure to make any checks or money orders addressed specifically as outlined in the application materials. Checks containing spelling errors, abbreviations, or made out to the wrong agency will not be accepted and can cause a delay. Remember, the application is non-refundable, regardless of whether you withdraw your application or are denied.

Failure to meet all eligibility requirements

Depending on the path to naturalization you choose to pursue, there are various requirements you must meet to have your application approved. Do not submit your final application until you meet all requirements for the specific program you are applying for. Even if you meet the basic qualifications for citizenship, your application may be sent back if you do not provide sufficient proof of your eligibility. For example, if you are seeking citizenship through marriage, you will need to prove the marriage is not only legal but should also provide proof that your spouse is indeed a US citizen and the marriage is valid. Other eligibility requirements you need to be aware of include:

• Continuous US residency

• The ability to prove “good moral character”

• An unexpired visa, with no less than 6 months remaining on the visa

• Work or education requirements

If you are unsure whether you meet the requirements of your specific program, contact an experienced immigration attorney. 

Providing false information

If you do not meet the specific requirements for naturalization or are unsure how to answer some of the questions on your application, it may be tempting to guess or embellish. Do not do this. The USCIS will thoroughly evaluate your application, check for any inconsistencies, and verify information. Providing false information will likely result in denial of your application and may preclude you from submitting any further applications. Wait until you meet all the necessary requirements before you start the application process. 

Not seeking the help of a qualified attorney

Whether this is your first time applying for US citizenship or you have had a previous application denied, one of the best things you can do is talk to an experienced immigration attorney. An attorney can review your file, help you gather documents, and make sure everything is in order before you submit your final application. Things you can expect your attorney to do include:

• Verify your application for completion and accuracy;

• Verify you meet eligibility requirements;

• Obtain and make copies of supporting documents;

• Collect and send required payments to the appropriate agency;

• Submit your final application;

• Provide status updates and next steps

Don’t leave your future up to chance

Immigration laws are constantly changing. At Stephenson, Chavarri & Dawson, LLC, our job is to monitor these changes. Our team of experienced legal professionals works hard to help our clients achieve their dreams. Immigration is a big change and can provide you and your family with a wealth of opportunities. You are not alone. Let us help. If you have questions or would like to have your case reviewed, our bilingual legal team is standing by. Our office is located at 400 Poydras Street Suite 1990, New Orleans, LA 70130. Call our office at 504-523-6496 or fill out our online contact request to schedule an initial consultation. 

 

Crimmigration is the intersection of criminal law and immigration law. A criminal conviction can significantly impact your immigration status, making legal representation important for protecting your rights. The uncertainty of your future in the United States is stressful enough — no matter what your legal status.  If you were recently found guilty of a criminal offense, contact a Louisiana crimmigration lawyer today for a free case evaluation. 

Criminal Conviction and Immigration Status

The United States Citizenship and Immigration Services (USCIS) is the federal agency that oversees immigrants seeking a new home in America. Two important factors of those seeking permanent residency in the United States are:

• The applicant does not pose a risk to the public or the nation’s interests.

• The applicant is of good moral character. 

A criminal conviction typically violates these two conditions, resulting in a possible hearing and deportation. The seriousness of a criminal conviction is why hiring a Louisiana crimmigration lawyer is crucial for your chances of remaining in the United States.

A lawyer can review all documents related to your immigration status and your criminal conviction. They can use this information to help prepare for your deportation hearing and other related legal matters. 

The size and scope of your crime may not make a difference in whether you face deportation or not.  Large and small offenses can both result in deportation. The fact remains that defending yourself against deportation is risky. Placing your case in the hands of a lawyer can bring you peace of mind as you navigate the immigration process. 

What is Moral Turpitude?

United States immigration law places much value upon moral turpitude — but just what is it? In legal terms, a crime of moral turpitude (CMT) is an act or behavior that gravely violates the accepted standard or sentiment of the community. 

Crimes involving moral turpitude can involve:

• Theft or robbery

• Murder

• Rape

• Spousal abuse

• Child abuse

• Aggravated assault

• Firearm charges

These are just a few examples of crimes that can pose a threat to your immigration status. Those with a legal green card or residency may also face deportation for criminal convictions involving moral turpitude. 

Determining the level of morality involved with a crime is sometimes a gray area. An attorney can review federal law, your charges or conviction, and your immigration status. They can then build a strong case for delaying or possibly preventing deportation. 

Your immigration status — and your future — are too important to leave to chance by handling your case alone. If you face criminal charges, hiring a lawyer experienced with criminal and immigration law is a proactive way to fight for a life in the United States. 

Do Not Wait for a Conviction Before Contacting a Crimmigration Attorney

You may face deportation before your criminal case ever makes it to trial. An agency review of your case may result in deportation before a conviction ever occurs. While this may not appear fair, it is a possibility. 

No matter your immigration status, if you have criminal charges pending against you, seek legal help now. Time passes very quickly, and your hearing date may arrive before you have a chance to contact a crimmigration attorney. 

Facing deportation is frightening as you may become separated from your family. If you are the sole provider, deportation may result in severe financial hardship for family members. 

Deportation is also serious because it may prevent you from ever returning to the United States. These are other important reasons why you must take action without delay to protect your future. 

Hiring a lawyer immediately can potentially prevent regret later. There is never a guarantee of success with your case; however, fighting to remain in the United States is possible with the help of an experienced attorney. 

When You Face More Than Fines and Jail Time

Immigrants face more than fines and jail time when it comes to criminal convictions. The safety and opportunities they seek in the United States are at risk when they are found guilty of a crime. 

You do not have to face this challenging time alone. Seeking legal representation is an important first step toward learning more about how they can help you with the legal process. 

How a Louisiana Crimmigration Attorney Can Help You

At Stephenson, Chavarri, & Dawson, LLC, we represent clients in crimmigration cases. Immigration issues involve federal laws, thus making them complex and challenging. The sooner you contact our office for a free case evaluation, the sooner we can get to work for you. 

The uncertainty of your immigration status and the outcome of your criminal charges can cause you much anxiety. Our team works hard to alleviate your stress by managing the intricate details of your case. 

You can help us by providing us with as much information as possible. Important evidence that may help your case include:

• Your current legal status

• Information regarding your arrest and, if convicted, your sentence

Providing us with as much specific information as possible is necessary for helping us, to help you.  No one criminal case, conviction, or even immigration status is exactly alike. 

Stephenson, Chavarri, & Dawson, LLC, serve English, Spanish, and French-speaking clients. Our commitment to you providing you with care and understanding can help you feel more comfortable about the process. 

Communication is key when it comes to client and lawyer relationships. We strive to keep you informed, and we ask that you are open and honest with our team. Together we will fight for the best possible outcome of your case. 

To learn more about how we can help you, contact us online or by calling 504-523-6496 today. Get the help you need from our team of Louisiana crimmigration lawyers by reaching out as soon as possible.  We proudly serve New Orleans and the surrounding region. 

 

 

 

U.S. Immigration and Customs Enforcement (ICE) is the federal agency tasked with, among other things, taking custody of and removing undocumented immigrants from the United States.

One of the tools ICE has at its disposal is known as a detainer, also called an immigration hold, which is a written request from ICE to a federal, state, or local law enforcement agency to hold a suspected undocumented immigrant who is already in custody for an additional 48 hours, so that ICE has time to come and assume custody of that person.

If ICE has issued an immigration hold to a law enforcement agency that currently has you or a loved one in custody, it means that ICE wants to take you into its custody so that the government can pursue deportation or other immigration proceedings against you.

An immigration hold is a very serious matter. However, with quick and skilled legal assistance, you may have the ability to get the hold lifted. Here’s how.

Immigration Holds Are Voluntary, and Not All Law Enforcement Agencies Follow Them

The first important thing to understand about immigration holds is that they are merely requests. For the most part, the law enforcement agency that has you or a loved one in custody does not have to comply with them.

So, the fact that ICE has issued an immigration hold does not necessarily mean the law enforcement agency will follow it.

A skilled immigration attorney can find out quickly whether the law enforcement agency that has you or your loved one in custody intends to comply with an ICE immigration hold. If not, or if the attorney can talk the law enforcement agency out of complying, then the immigration hold might never go into effect, and it should not impact any right you may have to be released from custody.

Immigration Holds Are Not Arrest Warrants

One important fact an experienced immigration attorney may want to learn, in the event you face an immigration hold, is why you are in custody to begin with, and what right law enforcement has to keep you detained.

Here’s why that’s important. By law, the police or other law enforcement agencies can only arrest and take you into custody if they have probable cause to believe you have committed a crime. Even with probable cause, they can only keep you in custody for a limited period of time before they must charge you with a crime or release you. And, even if you have been charged, you can only remain in custody if you cannot make bail, if a judge denies you bail, or if you are convicted and sentenced to a term of incarceration.

An immigration hold from ICE is not an arrest warrant. On its own, it generally does not give law enforcement any legal right to arrest you, or to keep you in custody past the time when you have a right to be released.

That means that if you have a legal right to be released from custody, an immigration hold, on its own, should not legally serve as a new reason to keep you in jail. Holding on to you in that situation, just because ICE has issued an immigration hold, may amount to a violation of your constitutional rights.

An experienced immigration lawyer can act quickly to determine whether someone has a legal right to be released from custody (either because they haven’t been charged, have been given bail, have won their case, or have completed a sentence), so that prompt action can be taken to get that person out of custody before ICE shows up.

ICE Sometimes Issues Mistaken or Illegal Immigration Holds

ICE has been known to use immigration holds aggressively as a tactic to round up undocumented immigrants. Sadly, that has led to mistakes and abuses in the immigration hold process.

For example, ICE has in the past issued immigration holds for a person in custody who they mistakenly believe is someone else. ICE may also issue immigration holds for invalid or illegal reasons, such as because someone has a common Mexican name, or was arrested on a charge ICE associates, undocumented immigrants, or because a local police officer has a “hunch” or a “gut feeling” that a person he arrested is in the country illegally.

A skilled immigration attorney can take swift action to explore the reasons for ICE’s issuance of an immigration hold, and to challenge those reasons in court if they appear mistaken or illegal.

Immigration Hold? Here’s What To Do.

If you find out that ICE has issued an immigration hold for you, then these tips can help to protect your rights:

• Do not tell anyone about, or discuss in any way, your immigration status. No one can force you to answer questions. Say you want to speak with a lawyer and then say nothing more.
• Do not lie about anything. Ideally, you should not speak to law enforcement at all, but if it happens, then never, ever lie. In particular, do not lie about your immigration status. Lying about your status is a crime. Staying silent, however, is not a crime.
• Seek the help of an experienced immigration attorney immediately. An attorney may need to take quick action on your behalf to get an immigration hold lifted. Do not wait to contact an attorney.

Get Experienced Immigration Legal Help Today

An immigration hold means ICE wants to take someone into custody within the next 48 hours, because it thinks the government may have the right to deport that person or to take other action against that person that could affect their immigration status.

However, an immigration hold does not necessarily mean that ICE or anyone else has the right to take someone into custody, or that someone has done anything wrong.

To protect your or your loved one’s ability to remain in the United States, and to exercise your Constitutional rights, contact an experienced immigration rights attorney immediately upon hearing that ICE has issued an immigration hold for you or your loved one.