What is a K-1 Visa and CR-1 Marriage Visa?
If you want to marry a foreign national and bring them to the United States, a K-1 visa gives you permission to marry them and bring them to America within 90 days.
A CR-1 visa may be available to you if you marry your finance in their native country and want to bring them to the United States.
There are both pros and cons to both, and the experienced attorneys at Bader Scott Injury Lawyers can advise you on your best course of action depending on your circumstances.
Although you don’t have to use an attorney to file for these types of visas, an attorney experienced in immigration law can help you avoid being denied. Luis Scott and his team will show that your relationship is real and prevent any omissions or mistakes which could delay your application for an extended period.
What is the Adjustment of Status/Applying for a Green Card?
In an adjustment of status, it allows you, if you’re a foreign national on a visitor visa to apply for a green card without having to go back to your home country to complete the visa process.
A green card, which used to be referred to as a permanent alien registration card, or USCIS Form I-551, gives you the ability to reside in the United States legally.
A green card will remain valid for a period of ten years and can be renewed. As a green card holder, you can also qualify to apply for United States citizenship after five years.
There are two ways you can be eligible for permanent residency:
- You can have a qualifying family relationship; or
- You can have a qualifying form of employment – this option would require your United States company/employer to file an immigrant petition on your behalf.
There are a few exceptional cases of eligibility for getting permanent residency, including refugee status or asylum status. Additionally, a battered spouse, parent, or child could file a petition for themselves without their abuser’s knowledge under the Immigration and Nationality Act.
What Are Work Visas?
In the United States, there are different temporary work visas that may be available to you if you want to enter the United States on a temporary basis. These types are:
- H-1B Visa: This type of visa is a non-immigrant visa that permits United States companies to employ graduate-level international workers in fields and positions of expertise where there aren’t enough United States workers. Companies like Apple, Google, and Facebook use an H-1B visa to employ some of their tech talents.
- H-2 Visa: This visa is available to foreign workers in non-agricultural fields if there not enough United States workers for these positions. H-2 visas are generally used for seasonal jobs such as ski resorts, beach resorts, and amusement parks.
- B-1 Visa: If you have to travel to the United States for a short business trip, such as attending a conference, to settle an estate, and negotiate a contract, you could qualify for a B-1 visa. The initial period for staying in the United States averages 1 to 6 months, and it may be possible to get a 6- month extension.
- J-Visa: A J-Visa is an exchange visitor visa which allows you to come to the United States as part of a cultural exchange program. They are generally available to professors, au pairs, and doctors. Employment is authorized as part of the terms of the exchange program. Additionally, spouses and unmarried children are eligible for a J-Visa.
What is A Removal Defense?
If you are a non-citizen of the United States, and you violate the law, you may be subject to deportation. If you get an I-862 or Notice to Appear, you must appear before a judge and are facing deportation.
The skilled Smyrna immigration attorneys at Bader Scott Injury Lawyers can help you by coming up with a legal argument to demonstrate how your deportation would create significant factors. You may be facing a hardship such as an elderly parent, or a spouse that has health problems, or a special needs child. These are hard cases, and our experience and understanding of the procedures, regulations, and applicable statutes are vital to your situation.
What is Naturalization?
If you’ve been a permanent resident with a green card for a period of at least five years, you can apply for naturalization and become a citizen of the United States. If you married a United States citizen, you might qualify for naturalization after a period of 3 years.
However, you must be able to satisfy some eligibility requirements to qualify. You should also be aware that the naturalization process can be lengthy, and there are strict procedural rules that must be followed, or you risk losing your residency status and be denied citizenship. You should contact the experienced Smyrna attorneys at Bader Scott Injury Lawyers before applying for naturalization so they can advise you of the proper procedures.
What is Asylum?
Recently many families from Guatemala, El Salvador, and Honduras have been trying to escape gang violence by seeking asylum in the United States. The right to seek asylum became part of the United States immigration law when the Refugee Act of 1980 was passed.
This may be an option if you are a foreign national, and you would have to complete the process of filing an Application for Asylum and Withholding of Removal. This can be filed at your point of entry when you first arrive or within one year of your arrival.
What is a U-Visa?
If you have been a victim of a crime or an attempted crime in the United States who meets the individual requirements, you may be able to apply for a U-Visa. Additionally, you must have suffered either physical or mental harm because of the crime, and you must have been helpful to the police or other law enforcement agencies.
To qualify, you must provide a personal statement, some personal documentation, and forms that show you are eligible for this visa. If your U-Visa is approved, you will be allowed to work in the United States after three years. Then you may qualify to adjust your status and become a lawful permanent resident.
What is NACARA?
The Nicaraguan Adjustment and Central American Relief Act was passed into law in 1997. This law means that for a particular class of immigrants to enter and remain in the United States, the NACARA may be used to challenge removal proceedings. The requirements to qualify under this law can be confusing, and some of the provisions have expired.
Immigration laws are always changing, and the immigration attorneys at Bader Scott Injury Lawyers are here to help you navigate your way through the system. We offer a free consultation so we can evaluate your case and determine how we can assist you in all your immigration needs.