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How to Help a Relative Become a Permanent Resident in the U.S.

How to Help a Relative Become a Permanent Resident in the U.S. – Carlos Gamino

By Carlos Gamino

If you’re a permanent resident of the U.S., you may be able to help your relatives become lawful permanent residents, as well. However, in order to do so, you’ll have to be a sponsor – that means you’ll have to prove that you have enough income (or assets) to support that person when he or she comes to the U.S.

You can petition for a husband or wife, or unmarried children. If your children are married, you can only petition for them if you’re a U.S. citizen. Your Milwaukee immigration attorney can help you do this by submitting a Form I-130, Petition for Alien Relative.

What Happens When You Submit a Petition?

When your lawyer files a Form I-130 for your spouse or child and you’re able to prove your relationship with that person, it’s like putting a placeholder in the line for visa numbers for that relative. The sooner you file, the better. Once your relative’s petition gets to the top of the pile, the State Department will invite him or her to apply for a visa. At that point, your relative still has to meet all the conditions required to get a visa.

Special Circumstances: When Your Child Gets Married

If you petition for your unmarried child and he or she gets married, the petition will automatically be revoked.

How Long Does it Take Before Your Relative Can Immigrate to the U.S.?

As with all matters going through the Department of State, the length of time your relative must wait before being invited to apply for a visa varies. You can learn about wait times here.

Do You Need to Talk to a Lawyer About Bringing Your Family to the U.S.?

If you need to talk to a Milwaukee immigration attorney about bringing your family to the U.S. when you’re already a permanent resident, we may be able to help you.

Contact us at 414-383-6700 to schedule a consultation with an immigration attorney now.

Carlos Gamino

By |2019-11-25T06:33:51-06:00November 25th, 2019|Immigration Law|Comments Off on How to Help a Relative Become a Permanent Resident in the U.S.

3 Reasons People Are Ineligible for Visas

3 Reasons People Are Ineligible for Visas - Carlos Gamino

By Carlos Gamino

Some groups of foreign nationals are not eligible for visas – but who are they, and why can’t they visit or work in the U.S.?

3 Reasons Some People Aren’t Eligible for Visas

While individual visa applications are evaluated on a case-by-case basis, there are some groups of foreign nationals who are ineligible for U.S. visas, including those who:

  • Have health-related issues
  • Have been involved in criminal activity
  • Present security concerns

When someone wants a U.S. visa, they first visit the U.S. Consulate in their home country. The officer there determines whether the person is eligible for a visa, and if so, U.S. Citizenship and Immigration Services conduct a screening when the person arrives in the U.S.

Individuals With Health-Related Issues

People who have health-related issues that could put the public at risk aren’t eligible for visas. This group includes those who:

  • Have a communicable disease that poses a public health risk
  • Can’t prove vaccination against some diseases
  • Has a physical or mental disorder that might pose, or has posed, a threat to the person’s own safety or welfare, or to others
  • Is an addict or someone who abuses illicit drugs

Individuals Involved in Criminal Activity

People who have been involved in criminal activity are ineligible for visas, such as those who:

  • Have been convicted of a crime of moral turpitude
  • Has been determined to be a drug trafficker (or the spouse or child of a trafficker who benefited from the trafficking)
  • Has been determined to be a firearm trafficker
  • Has been convicted of two or more offenses (except purely political ones) that involved a total penalty of five years or more in prison
  • Has been involved in prostitution within the past ten years
  • Has committed a serious criminal offense in the U.S.
  • Has been involved in or knowingly benefited from human trafficking
  • Has been involved in money laundering

People Who Present Security Concerns

People who present security concerns include those that the USCIS believes are:

  • Engaged in terrorism
  • Entering the U.S. to overthrow the government or participate in espionage or sabotage, or to steal sensitive information or technology

Do You Need to Talk to a Milwaukee Immigration Attorney About a U.S. Visa?

If you’re considering applying for a U.S. visa, you may want to talk to a Milwaukee immigration attorney about your options.

Call us at 414-383-6700 for a consultation with an immigration lawyer today.

Carlos Gamino

By |2019-11-24T18:05:29-06:00November 24th, 2019|Immigration Law|Comments Off on 3 Reasons People Are Ineligible for Visas

What is a B-1 Visa for Business?

What is a B-1 Visa for Business - Carlos Gamino

By Carlos Gamino

If you’re engaged in business with a U.S. company, you could be eligible for a B-1 visa. But what is a B-1 visa, and how could it help you further your business interests in the United States?

What is a B-1 Visa?

A B-1 visa is reserved strictly for business people who want to come to the U.S. temporarily. When you have a B-1 visa, you’re permitted to engage in business activities (like consulting with your associates, negotiating contracts, and participating in meetings or conferences in the States). It doesn’t cover attending trade schools or other types of schools – that’s an F-1 or F-2 visa.

Who Can Get a B-1 Visa?

You can get a B-1 visa from your home country to the U.S. if you can show that the purpose of your trip is business that doesn’t involve gainful employment or remuneration from a source within the U.S. (Remuneration is money paid for a work or a service.)

In order to get a B-1 visa, you have to show that you only intend your trip to be temporary, not permanent, and that you’ll return to your home country when your business is concluded. You’ll also have to show that you have sufficient funds to support yourself during your stay, and you might be required to meet health and character requirements, as well.

How Long is a B-1 Visa Valid?

Typically, a B-1 visa allows you to stay in the U.S. for up to a year. Your spouse and children, as well as some domestic employees, may be able to come with you under a derivative non-immigrant visa.

Sometimes it’s possible to change your B-1 visa status once you’re already in the U.S., but that’s only under certain circumstances (such as engaging in employment or full-time study). It’s all handled on a case-by-case basis.

Do You Need to Talk to an Immigration Attorney About B-1 Visas?

If you need to come to the U.S. for business, particularly if you own your own company, working with a Milwaukee immigration attorney to obtain a B-1 visa may be the right choice for you.

Call us at 414-383-6700 to set up your consultation, or get in touch with us online. We may be able to help you with the B-1 visa process.

Carlos Gamino

By |2019-11-24T17:10:57-06:00November 24th, 2019|Immigration Law|Comments Off on What is a B-1 Visa for Business?

What is a Fiancé(e) Visa?

What is a K-1 Fiance(e) Visa - Wisconsin Immigration Lawyers

By Carlos Gamino

If you’re a U.S. citizen with a fiancé(e) living abroad, or if you’re the fiancé(e) of a U.S. citizen, you may be eligible for a certain type of visa that remains valid for up to 90 days. (You don’t need to file for this type of visa if you’re already living in the U.S. or if you’re getting married outside the U.S.) For many people, working with a Wisconsin immigration lawyer streamlines the process.

What is a Fiancé(e) Visa?

A fiancé(e) visa allows a foreign national to come to the U.S. for up to 90 days, provided that the marriage will take place during that time. It’s actually a K-1 visa.

Who is Eligible for a K-1 Visa?

If you want to apply for a fiancé(e) visa, the petitioner must:

  • Be a U.S. citizen
  • Intend to get married within 90 days of your fiancé(e) entering the U.S.
  • Be free to marry, with all previous marriages having been terminated by divorce, death, or annulment (and the same must be true for the person you’re marrying)
  • Have met the other party in person at least once within two years, unless the requirement to meet would violate strict, long-established customs of your culture or social practices, or if you can prove that the requirement to meet would create an extreme hardship to you

Can Children Come to the U.S. on a K-1 Visa?

If your fiancé(e) has a child who’s under the age of 21 and who is unmarried, he or she may be eligible for a k-2 nonimmigrant visa.

What Happens When a K-1 Fiancé(e) Visa is Issued?

After the visa is issued, your fiancé(e) can come to the U.S. Once you’re married, your new spouse can apply for permanent residence (and he or she can remain in the U.S. while USCIS is processing the application).

Do You Need to Talk to a Wisconsin Immigration Lawyer About a K-1 Fiancé(e) Visa?

If you need to find out whether your intended spouse is eligible for a K-1 visa or you’d like an attorney’s help to start the process, call us right away at 414-383-6700. If it’s easier, you can also get in touch with one of our immigration lawyers online.

Carlos Gamino

By |2019-11-24T08:40:56-06:00November 24th, 2019|Immigration Law|Comments Off on What is a Fiancé(e) Visa?

Can My Fiance Immigrate Here

Can My Fiance Immigrate Here - Wisconsin Immigration Lawyers

By Carlos Gamino

U.S. citizens engaged to citizens of other countries can bring their fiancés to Wisconsin by submitting a bundle of paperwork: a fiancé visa petition, various application forms, the results of medical exams and copies of fingerprints of both parties.

It’s not a simple process, so many people choose to work with a Wisconsin immigration lawyer who’s familiar with the proper procedures and the laws surrounding the complex requirements.

Qualifications for a Fiancé Visa

Before you start the visa petition process, make sure you can answer the following questions with a yes:

  • Do you two plan to marry within 90 days of your fiancé’s arrival?
  • Have you physically met your fiancé at least once in the past 2 years? (If not, you might qualify for an exception by proving it would be extremely difficult to come together, either for financial or cultural reasons, before marriage.)
  • Is your fiancé legally able to marry you in the U.S.?

Once the USCIS grants your soon-to-be spouse a fiancé visa, he or she can enter and remain in the U.S. for 90 days so your marriage can take place.

After the marriage ceremony, your spouse can apply for permanent residency status in the U.S. Your fiancé may also apply for a work permit that will be valid for 90 days.

What to Give Your Lawyer When You’re Applying for a Fiancé Visa

You, your fiancé and any children who will be immigrating will need plenty of documentation. Your Milwaukee immigration attorney will probably ask you to bring:

  • Passports
  • Death or divorce certificates relating to previous spouses
  • Police certificates (the equivalent of background checks) for your fiancé and any children over 16
  • Two current photographs
  • Evidence that a relationship exists between you and your fiancé
  • Medical exam results

Even if your fiancé can legally immigrate to Wisconsin, be aware that the process of applying for and receiving a fiancé visa may take several months if the paperwork is filed correctly, and even longer if you have to resubmit your request.

By |2019-11-21T07:01:17-06:00November 21st, 2019|Immigration Law|Comments Off on Can My Fiance Immigrate Here