K-1 Visas and CR-1 Marriage Visas
If you decide to marry a foreign national and have them move to the United States, a K-1 visa allows you to bring them to America and get married within a 90-day time limit.
A CR-1 Visa may be available to you if you marry your fiancé in their native country and want to bring him or her to the United States.
As with almost everything, there are pros and cons to both types of visas, and our Carrollton immigration attorneys can help you decide which option is best for you, help you file for the visa, and assist you in avoiding denial.
Applying for a Green Card/Adjustment of Status
If you apply for a green card, which is also referred to as a permanent alien registration card, or USCIS Form I-551, it gives you the ability to work and live in the United States. It is valid for a period of 10 years, and you can renew it. Additionally, if you have a green card, you will be eligible to apply for United States citizenship after a period of five years.
You may be able to qualify for a green card if you have a qualifying family relationship or your employment.
You may also be able to apply for a green card if you have refugee or asylum status. Also, a battered spouse, child, or parent may be able to file a petition for themselves without the abuser’s knowledge using the Immigration and Nationality Act.
An adjustment of status allows you if you are a visitor or foreign national to apply for a green card without returning to your home country to complete the visa process.
A few temporary work visas are available if you plan on coming to the United States temporarily. A few of these work visas include, but aren’t limited to:
H-1B Visa: This type of visa is a non-immigrant visa that lets companies in the United States employ graduate-level international workers in their field of expertise and for jobs in which they can’t find enough American workers to fill.
H-2 Visa: This type of visa may be applied for if you are a foreign worker in a non-agricultural field and only if there aren’t enough American workers to take these jobs.
B-1 Visa: If you have to travel to the United States for a short period on business, such as attending a conference, negotiating a contract, or settling an estate, you could qualify for a B-1 visa. The initial period of stay is usually 1 to 6 months and can be extended for a period of up to 6 months.
J-Visa: A J-visa is an exchange visa. This means that you may come to the United States as part of a cultural exchange program. Usually professors, au pairs, and doctors use this type of visa. Employment is authorized as part of the J-visa exchange program. Additionally, your spouse and unmarried children would be eligible for a J visa as well.
Defense to Removal
If you are a non-citizen of the United States and you break the law, you may be subject to deportation. If you have received an I-862 or Notice to Appear, you are facing being removed from the United States.
In Carrollton, Georgia, the immigration attorneys at Bader Scott Injury Lawyers can assist you in building a legal defense to demonstrate how your deportation could create a hardship. For example, you may be caring for an elderly parent or a spouse with health issues. By having a strong legal defense, we may be able to persuade the judge to cancel your deportation and issue a green card.
Naturalization: If you have a green card and have been in the United States for at least five years, you can apply to become a United States citizen. If you’re married to a citizen of the United States, you may qualify for naturalization after three years. There are strict procedural rules that you must follow.
Asylum: Families have been trying to escape the gang violence in such countries as Honduras, El Salvador, and Guatemala and have sought safety in the United States. The right for you to seek asylum became part of U.S. immigration law when the Refugee Act of 1980 was passed. Asylum may be granted if you are a foreign national who has faced past persecution or fear future persecution as it relates to your race, ethnicity, political views, sexual orientation, religion, or membership in social groups.
U-Visa: This may be available to you if you’ve been the victim of a crime or an attempted crime in the United States who meets the individual requirements. You must have suffered mentally or physically because of the crime, and you must cooperate with police or other law enforcement. You will also have to provide a personal statement, personal documents, and documentation from law enforcement and health care providers.
NACARA: The Nicaraguan Adjustment And Central American Relief Act was passed in 1997 and gave a legal way for certain classes of immigrants to enter and stay in the United States. The requirements can be very confusing, and specific provisions of NACARA have expired. We can assist you if you are eligible to apply for protected status.
Immigration law is extremely complex and always changing. In Carrollton, Georgia, the immigration attorneys at Bader Scott Injury Lawyers are here to help guide you through the maze of immigration law. We offer a free consultation so we can discuss any immigration concerns with you and advise you on your next steps.