Mark Citrin, P.A.Miami Immigration Law & Naturalization Attorney | Mark Citrin, P.A.2024-03-14T17:37:24Zhttps://www.floridaimmigrationlawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1203269/2022/09/cropped-MC_site_icon-32x32.pngOn Behalf of Mark Citrin, P.A.https://www.floridaimmigrationlawyer.com/?p=2544362024-03-14T17:37:24Z2024-03-12T17:34:03Zapplying for a fiancé visa or spousal visa.
Immigration laws provide specific visas for a fiancé or spouse from a different country to re-locate to the United States to be with their U.S. citizen partner and obtain a green card. Depending on your situation and your ultimate goals, one visa may be a better option than the other.
Fiancé visa vs. spousal visa
A fiancé visa (more formally known as a K-1 visa) allows a U.S. citizen to petition for a foreign national fiancé to enter the U.S. for the purpose of marriage. Once approved and the fiancé enters the U.S., they have 90 days to get married. Following the marriage, the holder of the K-1 visa may adjust their status to a permanent resident. Once this process is completed, they are issued a green card.
In contrast, a spousal visa or CR-1 or IR-1 visa allows for a U.S. citizen or a lawful permanent resident of the U.S. to petition for a foreign national spouse to immigrate to the U.S. based on their legal marriage. A CR-1 visa is for those married less than two years while the IR-1 visa is available for those married more than two years.
If international travel after entry on one of these visas is important, then a spousal visa would be the route to take, as any international travel by the immigrant fiancé is not permitted until they are married and the adjustment of status has been filed. Conversely, a spousal visa allows the immigrant spouse to travel abroad immediately after entering the United States. Additionally, they are also permitted to work right away.
Timeline and fees
The application process differs between both visas. On average, it takes about 6 months to get a fiancé visa while it can take 13.5 to 15 months to process a spousal visa. There are various fees throughout the process; however, the current costs for the process for K-1 visa to green card is over $2,000. In contrast, the CR-1 or IR-1 to green card process costs roughly $1,200.
When it comes to the timeline from filing for visa to getting a green card, this is roughly two years for a fiancé visa. Alternatively, it is just over a year for the spousal visa.
Each couple has their unique circumstance, and timing and fees may be a big component in the matter. Thus, it is important that you understand your options for this immigration matter, seeking guidance from a legal professional when necessary.]]>On Behalf of Mark Citrin, P.A.https://www.floridaimmigrationlawyer.com/?p=2544352024-02-27T19:14:00Z2024-02-27T19:14:00ZBoard of Immigration Appeals – commonly referred to as the BIA.
BIA basics
Many people might hear the word “appeal” and think that they will have to go in front of a panel of judges and argue their side of the case. For the BIA process, this typically is not how it is done.
Oral arguments typically are not part of any appeal that goes to the BIA, although on rare occasions it does occur. No, typically, the BIA reviews appeals on a paper basis, solely through filings by the parties in the situation and the record in the situation.
One of the most common types of proceedings with appeals that end up in front of the BIA are removal proceedings. However, other types of immigration situations could also find their way to the BIA via the appeals process, such as situations involving visas, fines, exclusion of admission to the United States and motions for reconsideration, among others.
Probably the most important thing to know about the BIA is that its jurisdiction is nationwide – it can become, in essence, the last stop for an immigration issue that arises anywhere in the United States. And, BIA decisions can have quite an impact since they are binding unless otherwise altered by a federal court or the attorney general.]]>On Behalf of Mark Citrin, P.A.https://www.floridaimmigrationlawyer.com/?p=2544342024-02-07T22:29:58Z2024-02-13T22:28:28ZErrors to avoid when seeking an immigration waiver
The waiver process can be confusing. As a result, it’s easy to make a costly mistake. Here are some that you’ll want to avoid:
Submitting an incomplete application and incomplete supporting documentation.
Providing inaccurate or false information.
Failing to provide persuasive evidence of extreme hardship.
Missing key filing deadlines.
You need to be thorough and persuasive in your application. So, be as detailed as possible while ensuring that you’re painting a picture of the extreme hardship you’ll face if your waiver application is denied. Remember, this is your opportunity to tell your story.
Don’t be daunted by the immigration process
The United States’ immigration laws are complex. If you fail to abide by them, then your immigration requests are bound to be denied. As stressful as that can be, don’t let your fears drive you to give up or to put forth a half-hearted effort. Now is the time to gain understanding of how immigration laws apply to your set of circumstances.]]>On Behalf of Mark Citrin, P.A.https://www.floridaimmigrationlawyer.com/?p=2544322024-01-30T20:52:56Z2024-01-30T20:52:56Zwhat are the appropriate pathways for those in danger to seek asylum?
The Affirmative Process
Geared towards those not in removal proceedings, the Affirmative Process involves several key steps. First, it is for those already physically present in the United States. Second, submit Form I-589, the Application for Asylum and for Withholding of Removal, within 1 year of the latest arrival in the U.S., with exceptions for exceptional circumstances. After the USCIS receives the Form I-589, they will schedule an interview. Attend the non-adversarial interview with a USCIS asylum officer.
Finally, you will receive a decision within 180 days post-filing, unless delays arise. If approved, benefits include an approval notice, an Employment Authorization Document, eligibility for a Social Security card, a refugee travel document and the ability to sponsor immediate family members to join in the U.S.
If the application is denied, individuals receive either a notice of intent to deny or a referral notice to an immigration judge. This affords the applicant an opportunity to renew the claim in removal proceedings.
The Asylum Merits Interview
This process is designed for those subjected to expedited removal with a credible fear determination. The Asylum Merits Interview entails being physically present in the U.S. You must participate in an interview with a USCIS asylum officer. And, you will receive a decision within 180 days post-credible fear determination, barring delays. Results mirror those of the affirmative process, offering approval benefits or a referral notice to an immigration judge in case of denial.
The Defensive Process
This process is tailored for individuals in removal proceedings. The Defensive Process involves your physical presence in the United States. Next, you must submit the Form I-589 to the immigration judge, if not on file with USCIS. Next, attend a hearing before an immigration judge, and receive a decision from the immigration judge. Approved applications yield benefits akin to those from the affirmative or merits interview processes, while denials result in an order of removal with a 30-day window for an appeal to the Board of Immigration Appeals.]]>On Behalf of Mark Citrin, P.A.https://www.floridaimmigrationlawyer.com/?p=2544312024-01-18T07:22:00Z2024-01-18T07:22:00ZInterview and test basics
Well, for the interview, the individual you meet with from US Citizenship and Immigration Services will have one primary source for all of the questions: you. The information that you provide in your application for naturalization, as well as information that comes up in your background check, will usually be the primary drivers of any and all questions you’ll need to be prepared to answer in your interview.
The test, on the other hand, presents another scenario altogether. First, you’ll need to demonstrate your familiarity with the English language – show that you can speak, write and read basic English. The other component of the test phase is a test about American civics – answering questions about US history and government. Fortunately, applicants for naturalized citizenship can always prepare themselves for the test part of the application process.
If you are thinking about applying for naturalized US citizenship, you probably already know that you will need to take the time to get through the step-by-step process that always comes with dealing with a government entity. If you are dedicated to the task and have the right legal information to guide you, US citizenship is an important reward for accomplishing your goals.
]]>On Behalf of Mark Citrin, P.A.https://www.floridaimmigrationlawyer.com/?p=2544302024-01-09T10:37:57Z2024-01-03T10:37:14ZKnowing the rules and following them is paramount to reaching a positive outcome.
Permanent residents can petition for specific relatives
A permanent resident can petition for a spouse and for unmarried children no matter how old they are. The petition is filed through Form I-130. This is known as the Petition for Alien Relative. In general, it does not take a lot of time for immediate relatives. If there are offspring over 21, they might wait longer.
Once a spouse reaches the front of the line and can come to the U.S., they can generally bring unmarried children under 21 on the same petition. If they turn 21 before the spouse comes to the front of the line, a new petition must be filed for them. The unmarried child getting married will nullify the petition.
It is important to note that the wait time and various laws regarding how many immigrants can come and live in the U.S. can delay the process. Some wait a few years before they can come to the U.S.
It is a mistake to believe the relative can live in the U.S. while waiting. The relative cannot live in the U.S. until they are granted residency. The permanent resident family member is financially responsible for the spouse or child. This could be an obstacle for some and they need to be aware of their responsibility.
Adhering to the legal immigration process is key
It is natural for permanent residents to want to reunite with their family and live in the U.S. However, it is not a simple matter of one person becoming a permanent resident and their family being legally able to come to the U.S., live and work without going through the legal channels.
Immigration is a major topic in the news. Those who are trying to live in the U.S. and bring loved ones over can be fearful as to what can happen. However, it can be accomplished by understanding the rules and following the correct process. Being fully prepared is wise when trying to achieve the desired objective.
]]>On Behalf of Mark Citrin, P.A.https://www.floridaimmigrationlawyer.com/?p=2544292023-12-19T06:05:31Z2023-12-19T06:05:31Zemployment visas, this week we want to take a brief look at employment visa preferences so that you know the likelihood of being able to bring your talent over to the U.S.
First preference
The top preference for employment visas are those individuals who fall into one of three groups. These include:
Individuals with extraordinary abilities, such as those who are renowned in the arts, sciences, athletics, business, and education.
Professors and researchers who are deemed outstanding in their field and possess at least three years of experience.
Managers and executives who have worked at an overseas affiliate of a U.S. business.
Second preference
The second preference recognizes those who hold advanced degrees as well as those who have exceptional abilities in business, the arts, or the sciences. Here, a job offer must’ve been made to the visa applicant, and there’s paperwork that the employer must complete.
Third preference
In this category are skilled, professional, and unskilled workers. Skilled workers must have at least two years of training or experience, whereas unskilled workers simply must be able to fill a job that requires less than two years of experience. Professional workers are those who hold at least a baccalaureate degree.
Fourth preference
Here, certain special immigrants are considered. This includes:
Certain broadcasters
Religion ministers
Certain former employees of the U.S. government
Afghan and Iraqi translators and interpreters
Individuals recruited for the U.S. military
There are many others who fall into this category, which you can find here.
Fifth preference
This category is small and focuses on immigrant investors who are interested in bringing money into the U.S. for investment purposes.
Do you need help navigating your immigration issues?
There are a lot of procedural nuances when you’re dealing with immigration issues, including those found in the employment context. If you want to minimize the risks of a bad outcome in these matters, then you need to understand the law and how to effectively navigate it.
Fortunately, you don’t have to try to untangle the legal complexities on your own.
]]>On Behalf of Mark Citrin, P.A.https://www.floridaimmigrationlawyer.com/?p=2544282023-12-12T16:41:22Z2023-12-05T16:38:38Z
Any offense related to domestic violence can lead to deportation.
The definition of a crime of “moral turpitude” is broad. If a person could have received a sentence of at least 1 year for a crime, the crime may be one of moral turpitude. Those who have been in the United States for less than 5 years face deportation for even just one crime of moral turpitude, and two such offenses are grounds to deport any non-citizen.
Certain crimes involving dishonesty like theft, fraud and perjury can be what the law calls aggravated felonies. A person convicted of an aggravated felony will probably face deportation and could find fighting removal to be an uphill battle.
Particularly if a South Florida resident has made a life for themselves in this country and have family members in the United States, getting deported over a single bad decision is a severe consequence.
Moreover, sometimes criminal courts unfortunately convict people of crimes they did not commit.
Sometimes, the best immigration defense to deportation for a conviction is to challenge the conviction itself. Immigration attorneys should at least have some basic knowledge about how to do this and should be able to point people in the right direction.
But there are also situations in which a person convicted of a deportable crime can argue to an immigration judge that they deserve to remain in the United States.
Whether a person is eligible to ask for this leniency will depend on their circumstances. No matter what, they should understand that making such a request will require them to navigate through the legal system and present a compelling case.
Those who are facing deportation for a conviction should know their options
The stakes are high when a Miami-area resident may get removed from the country. Those who are facing deportation for a criminal conviction need to make sure they understand their options.]]>On Behalf of Mark Citrin, P.A.https://www.floridaimmigrationlawyer.com/?p=2544272023-11-28T07:36:44Z2023-11-17T07:36:06ZCommon issues with asylum claims
To give yourself the best chances of securing asylum, you have to have a strong claim. That means avoiding these missteps:
Providing a story that’s complicated and hard to understand. You need government officials to believe you, so your statement about why you’re seeking asylum should be clear, detailed, and in chronological order.
Rushing the application. There are tight timelines in place when it comes to applying for asylum. If you wait too long, you could find yourself hurrying to get everything completed. You don’t want to do that, as it could result in costly mistakes being made.
Not providing documentation, such as affidavits of witnesses and police reports, to back up your story and your claim. This corroboration could be key to your claim.
Making up information to try to make your asylum application look better. The government will probably find out about this, which won’t look good for you and will surely lead to a denied application.
Moving forward with the process without a full understanding of what it entails.
Know how to build a strong asylum case
The asylum process is incredibly complicated and shouldn’t be addressed alone. Therefore, if you think that you need assistance pursuing your asylum application, then now is the time to seek out the information and support needed to position yourself for success.
We know the process can be stressful and scary, but you will get through this. So, hang in there and know that help is available when you need it.
]]>On Behalf of Mark Citrin, P.A.https://www.floridaimmigrationlawyer.com/?p=2544262023-11-17T16:20:34Z2023-11-03T15:19:48ZNaturalization overview
First, you will determine whether you are eligible for naturalization. You must have a green card which allows you to have permanent residency in the United States. There are several ways to obtain a green card, usually through employment, a family member or other category.
You must have also physically lived in the United States and have good moral character, meaning that you follow the law. You must pass a civics test, which tests applicants on their knowledge of the U.S. government and history and be proficient in the English language.
Once you are eligible, you can submit an application to the United States Citizenship and Immigration Services (USCIS). USCIS will interview you and have you complete a biometrics appointment, where your fingerprints and photos are taken. If your application is approved, you will attend a ceremony to take the Oath of Allegiance.
Benefits of citizenship
The benefits of citizenship include the right to vote, protection from deportation, travel with a U.S. passport and petitioning for family members to come to the United States. You will also have access to government benefits and programs, like Social Security and medical coverage.
If you are interested in furthering your education, it may provide you with scholarships and financial aid opportunities that are available only to U.S. citizens. Finally, as a U.S. citizen you will have a sense of belonging and connection to the United States.]]>