Acquiring a “Green Card” through Marriage

If an alien is married to a U.S. citizen, he/she may apply for status through their spouse.  The application process is extensive and the assistance of an immigration lawyer NYC is strongly recommended.

What Does One Need For A Successful Green Card Application?

In order to file a successful marriage petition, applicants must provide copies of the following documents:

·         Petitioner and beneficiary’s marriage certificate

·         Petitioner’s passport

·         Beneficiary’s passport and arrival record

·         Petitioner’s and beneficiary’s birth certificate

·         Children’s birth certificate(s) (if applicable)

·         Photographs of petitioner and beneficiary

·         Passport-styled photos for both petitioner & beneficiary

·         Tax returns for the past three years

Applicants will also need to complete the following forms:

·         G-28 forms for both the petitioner and the beneficiary

·         I-130 form for the petitioner

·         I-485 form for the beneficiary

·         G-325A biographic information forms for both the petitioner and the beneficiary

·         I-765 Employment Authorization form for the beneficiary (optional)

·         I-864, Affidavit of Support, signed by the petitioner along with tax returns for the past three years

·         A second I-864 form signed by a co-sponsor along with tax returns for the past three years (if petitioner does not meet USCIS support guidelines)

What Should I Expect After Filing?

After the marriage petition is filed, theapplicant receives a biometrics appointment notice. At this interview, the applicant is photographed and fingerprinted.

What Happens If My Application Is Denied?

Usually, before a marriage petition is denied, USCIS issues an “intent to deny” notice and allows the petitionerto provide additional evidence in support of his petition. However, if the petition is ultimately denied, the petitioner may be able to reapply depending on the reasons underlying the denial, i.e. lack of documentation.

If you initially applied without an attorney, you should consider retaining an immigration lawyer NJ prior to filing again.

Further Reading:
Know the details about the I-751 self petition in case Green Card is issued on condition of remaining married for another 2 years but the marriage gets dissolved before that period. 

Becoming a U.S. Citizen

If an individual has been a permanent resident for at least 5 years, he/she may apply for citizenship.  Applying for U.S. citizenship is a serious process that requires the assistance of an immigration lawyer VA.

What Does One Need For A Successful Citizenship Application?

In order to file a successful citizenship application, applicants must provide copies of the following documents:

·         Petitioner’s permanent resident card

·         Petitioner’s passport

·         Two passport-styled photos

·         Certificate of disposition (if applicable)

Applicants will also need to complete the following forms:

·         G-28 form for the petitioner

·         N-400 form for the petitioner

Applicants must also provide a check or money order payable to U.S. Department of Homeland Security in the amount of $680.00.

If I Have Been Arrested in the Past, Can I Still Apply For Citizenship?

It depends on the nature of the charge. For this reason, the applicant or the attorney must request a certified disposition from the appropriate court, and include it along with the above-referenced forms.

What Happens If My Application Was Previously Denied?

The applicant may be able to reapply for citizenship depending on the reasons underlying the denial, i.e. failure to attend the naturalization interview. However, if the application was denied for more serious reasons such as fraud, the applicant should retain an immigration lawyer NJ in order to assess whether it is feasible to reapply.

What is Deferred Action for Childhood Arrivals (DACA)?

As of June 15, 2012, individuals who immigrated to the U.S. as children may be granted deferred action. The application process is complicated and the assistance of an immigration lawyer VA is strongly advised. In order for applicants to be considered, they must meet the following criteria: 

•  Entered the U.S. beforethe age of 16 and under 31 as of June 15, 2012;

• Resided in the U.S. from June 15, 2007 to the present;

• Were present in the U.S. on June 15, 2012;

·         Are in school, have graduated high school, or receiveda GED or the functional equivalent;

·         Have not been convicted of a significant misdemeanor, or three or more misdemeanors, or a felony. 

Filing a successful DACA application requires extensive supporting documentation; therefore, you should always consult an immigration attorney in NYC prior to commencing the application process. 

How Can I Prove My Arrival Date?

While this is one of the hardest guidelines to meet, it is not impossible to prove that you entered prior to 16. In the event that the applicant entered without inspection, USCIS accepts school, travel, and/or medical records as supporting evidence for the DACA application. Affidavits from religious entities and other circumstantial evidence may be accepted in lieu of documentation. 

Does DACA give me status?

Unfortunately, DACA does not give you lawful status. As the name suggests, once your DACA application is approved, the government exercises prosecutorial discretion by deferring any and all removal action against the applicant for a period of two years.

Why Should I Apply?

Even though DACA does not give you lawful status, it allows you to work legally without fear of being deported or removed. Once a DACA application is approved, the applicant receives a work permit that is valid for a period of two years. 

Can I use DACA as a defense to removal? 

Yes, DACA is available as a relief if you are in a removal proceeding.  To see if you can assert this relief, it is advisable to consult with a deportation lawyer VA. 

May I Renew?

Yes; however, it is unclear how the renewal process will be conducted.
  

Defenses to Expulsion-The Asylum, Withholding of Removal, Convention against Torture

Asylum is a way to stop your deportation deportation proceedings. If you do not qualify for asylum there are other defenses to avoid expulsion. For example, under the Convention against Torture are certain defenses and can also qualify for Withholding of Removal. This article examines these defenses.

The Asylum

There are three situations for an asylum applicant comes wing potential cut:

• A foreigner was detained at the border, had an interview to see why he left his country, and if they find that the alien is afraid of persecution in their country of origin.
• The alien applied for asylum in an office asylum officer and wing case came Immigration Court.  
• The alien was arrested for a criminal charge and is now detained by immigration status.

To qualify for asylum, the applicant must demonstrate: (1) can not return to their country of persecution, or (2) has a well-founded fear of persecution based on political opinion, nationality, membership in a particular social group , race and religion. 

Asylum seekers must apply for asylum within one year from the fechaen who came to the United States. In cases where the circumstances of the applicant's country have changed or the applicant's personal circumstances have changed to cause persecution the applicant, the applicant may apply for asylum but is over a year since his arrival in the United States.

Each case is different and the judge takes into account every situation. Therefore it is important to have a lawyer of asylum to develop your case and you will succeed.Withholding of Removal

Withholding of Removal is a defense to removal prohibiting the government to deport to a country where your life and freedom would be in resiego for five reasons. You have to provide more evidence on this defense in an asylum case. Do not apply for Withholding of Removal within one year of your entry into the country as an asylum case.

There are two requirements for this defense: (1) to be a refugee, and (2) fear persecution one your country.

If you sidoperseguido in your home country some time then the court accepts the idea that if you return to your country would be persecuted again. The test to prove persecution is very high and it is important to have an immigration lawyer in New York. 
The Convention against Torture  

Of all the defenses discussed in this article, the defense is more difficult to prove under the Convention against Torture. To qualify for protection through the Convention against Torture, one applicant has to show that more than 50% chance that you will be tortured by the government of their country of origin. Of all the defenses included in this article, this test is the highest in this defense under the Convention against Torture and therefore you have to consult a lawyer deinmigración in Virginia.

http://www.sethimaz.com/immigration-deportation-lawyers.htm