Family Immigration Visa

Family Law

Family law encompasses a broad range of legal issues related to family relationships. In the context of immigration, family law plays a vital role in determining eligibility for certain visa categories and establishing qualifying relationships. Some key aspects of family law relevant to immigration include:

• Marriage: Valid marriages between U.S. citizens and foreign nationals form the basis for spousal visa petitions. Understanding the legal requirements for a valid marriage, both in the U.S. and abroad, is essential for successful immigration applications. It's important to note that common law marriages and same-sex marriages are recognized for immigration purposes, provided they are legally valid in the place where the marriage occurred.
• Divorce and Remarriage: Divorce or remarriage can significantly impact immigration status. It's important to be aware of how these events may affect pending or approved visa petitions and explore potential options to protect your rights. For example, if a divorce occurs before a conditional green card is removed, the foreign national spouse may need to file a waiver or demonstrate that the marriage was entered in good faith.
• Adoption: U.S. citizens or lawful permanent residents can petition to bring adopted children to the United States. Legal requirements for adoption vary by country and state, and compliance with all applicable laws is crucial for successful immigration. Both orphan adoptions and non-orphan adoptions are possible, but each has specific requirements that must be met.
• Parent-Child Relationships: Establishing a legitimate parent-child relationship is fundamental for certain family-based visa categories. This may involve providing documentation such as birth certificates, DNA test results, or other evidence to prove the biological or legal parent-child relationship. In cases where paternity or maternity is in question, additional evidence may be required.

Fiancé Visas (K-1 Visa)

The K-1 visa allows a foreign national fiancé(e) of a U.S. citizen to enter the United States for the purpose of marriage. This visa category provides a pathway for couples to be together in the U.S. and formalize their relationship. Key requirements and procedures for obtaining a K-1 visa include:

• Establishing a Bona Fide Relationship: Valid marriages between U.S. citizens and foreign nationals form the basis for spousal visa petitions. Understanding the legal requirements for a valid marriage, both in the U.S. and abroad, is essential for successful immigration applications. It's important to note that common law marriages and same-sex marriages are recognized for immigration purposes, provided they are legally valid in the place where the marriage occurred.
• Meeting in Person: Divorce or remarriage can significantly impact immigration status. It's important to be aware of how these events may affect pending or approved visa petitions and explore potential options to protect your rights. For example, if a divorce occurs before a conditional green card is removed, the foreign national spouse may need to file a waiver or demonstrate that the marriage was entered in good faith.
• Filing the Petition: U.S. citizens or lawful permanent residents can petition to bring adopted children to the United States. Legal requirements for adoption vary by country and state, and compliance with all applicable laws is crucial for successful immigration. Both orphan adoptions and non-orphan adoptions are possible, but each has specific requirements that must be met.
• Consular Processing: Once the petition is approved, the foreign national fiancé(e) attends an interview at a U.S. embassy or consulate in their home country. During the interview, the consular officer will assess the validity of the relationship and the applicant's eligibility for the visa.
• Marriage and Adjustment of Status: After entering the U.S. on a K-1 visa, the couple must marry within 90 days. The foreign national spouse can then apply for a Green Card (permanent residence) through Adjustment of Status. Failure to marry within the 90-day timeframe will result in the K-1 visa expiring and the foreign national being out of status.

U.S. Same-Sex Couple Immigration

Same-sex couples enjoy the same immigration rights and benefits as heterosexual couples. U.S. citizens and lawful permanent residents can sponsor their same-sex spouses for immigration to the United States through the same visa categories available to heterosexual couples. This includes:

• Spousal Visas: Same-sex spouses can obtain immigrant visas or temporary visas to join their U.S. citizen spouses in the United States. The process and requirements are the same as for heterosexual couples.
• Fiancé Visas: Same-sex couples can utilize the K-1 fiancé visa process if they plan to marry in the United States.
• Adoption: Same-sex couples can jointly adopt children and petition for them to immigrate to the U.S. They can also petition for a stepchild adoption if one partner is the legal parent of the child and the other partner wishes to adopt the child.

It's important for same-sex couples to provide documentation that clearly establishes their legal marriage or partnership, especially if their marriage was performed in a jurisdiction that previously did not recognize same-sex marriage.

Asylum

Asylum is a form of protection granted to individuals who have fled their home country due to persecution or a well-founded fear of persecution based on:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

The asylum process involves demonstrating that the applicant meets the definition of a refugee and is unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution. This may involve providing evidence of past persecution, such as police reports, medical records, or witness testimonies. Applicants must also demonstrate that they cannot avail themselves of the protection of their home country. Asylum seekers must file an application for asylum within one year of arriving in the United States, unless they can demonstrate extraordinary circumstances that prevented them from filing within the deadline.

Deportation

Deportation, also known as removal, is the process by which the U.S. government orders a foreign national to leave the country. Deportation proceedings can be initiated for various reasons, including:

• Unlawful entry or presence in the United States: This includes individuals who entered the U.S. without inspection or who overstayed their visa.
• Violation of visa conditions: Engaging in unauthorized employment or failing to maintain student status can lead to deportation proceedings.
• Criminal convictions: Certain criminal convictions, particularly aggravated felonies, can make a foreign national deportable.
• Failure to maintain immigration status: This can include failing to renew a green card or failing to report a change of address.

Facing deportation can be a stressful and complex experience. It's crucial to seek legal representation from an experienced immigration attorney who can help you understand your rights, explore potential defenses, and present your case effectively before immigration authorities. Possible defenses against deportation may include applying for asylum, cancellation of removal, or adjustment of status.

Immigration Court

Immigration court is a specialized court that handles cases involving immigration matters, including deportation proceedings, asylum applications, and other immigration-related disputes. If you are facing immigration court proceedings, it's essential to have legal representation to navigate the complex legal procedures, present evidence, and advocate for your rights. Immigration court proceedings are adversarial, meaning that the government attorney will present evidence in support of deportation, and the foreign national, through their attorney, will present evidence to defend against deportation.

Immigration Criminal Defense

Criminal convictions can have severe consequences for immigrants, including deportation, denial of visa applications, and bars to re-entry into the United States. If you are an immigrant facing criminal charges, it's vital to seek legal counsel from an attorney experienced in both immigration law and criminal defense. They can help you understand the potential immigration consequences of your case and develop a defense strategy that protects your immigration status. For example, an attorney may be able to negotiate a plea agreement that avoids a deportable offense.

Immigration Waivers

Immigration waivers provide a mechanism for individuals who are otherwise inadmissible to the United States to overcome grounds of inadmissibility and obtain a visa or Green Card. Waivers are available for various grounds of inadmissibility, including:

• Criminal convictions: Waivers may be available for certain criminal convictions, depending on the nature and severity of the offense.
• Fraud or misrepresentation: Includes providing false information or documents to immigration authorities.
• Unlawful presence in the United States: Waivers may be available for individuals who have accrued unlawful presence in the U.S. but meet certain requirements.
• Health-related grounds: Waivers may be available for individuals with communicable diseases or who lack required vaccinations.
• Public charge concerns: This ground of inadmissibility applies to individuals who are likely to become primarily dependent on the government for support.

The specific requirements and procedures for obtaining a waiver vary depending on the ground of inadmissibility and the individual's circumstances.

I-601 Waiver of Inadmissibility

The I-601 waiver is a commonly used waiver for individuals who are inadmissible to the United States due to certain grounds, such as:

• Unlawful presence in the United States: This waiver is often used by individuals who entered the U.S. without inspection or overstayed their visa and are now seeking to obtain an immigrant visa through a family member.
• Fraud or misrepresentation: This waiver may be available if the individual can demonstrate that the misrepresentation was not material and did not affect the outcome of their immigration application.
• Criminal convictions: The I-601 waiver may be available for certain criminal convictions if the individual can demonstrate rehabilitation and that their admission to the U.S. would not pose a threat to public safety.

To obtain an I-601 waiver, the applicant must demonstrate that their U.S. citizen or lawful permanent resident spouse or parent would experience extreme hardship if the applicant were denied admission to the United States. The waiver application involves providing extensive documentation and evidence to support the claim of extreme hardship. This may include evidence of financial hardship, emotional hardship, and the impact on family unity.

NAFTA Immigration Legal Services

The North American Free Trade Agreement (NAFTA), now updated and replaced by the United States-Mexico-Canada Agreement (USMCA), provides certain immigration benefits for citizens of Canada and Mexico who seek to work in the United States temporarily. USMCA immigration legal services assist individuals and businesses in navigating the USMCA visa categories, which are similar to those under NAFTA, including those for professionals, intracompany transferees, and treaty traders and investors.

These services help ensure compliance with USMCA requirements and facilitate the temporary entry of qualified individuals from Canada and Mexico.