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Fiance Visa Laws

A Maria Jones Law Firm our legal experts specialize in Immigration Law. One area we are able to help with is K-1 Fiancé Visa’s. People from other countries who plan to marry a United States citizen are eligible to apply for this type of Visa. It is important in the beginning of the process to state whether or not you plan to continue living in the U.S. after the wedding ceremony. The other main requirements for eligibility are knowing your intended spouse within a two year period and that you are legally able to marry them. The Maria Jones Law Firm would like to share some more information on Fiancé Visa’s and if you need further legal advice in this area of immigration law please contact us for more details.

You Must Intend to Marry

The requirement that you intend to marry might seem obvious — you wouldn’t be applying for a fiancé visa if your plan was not to get married in the United States. But the U.S. government wants more than your assurance that a marriage is somewhere in your future. It will want proof that you’ve made actual plans, such as a place, a type of ceremony or proceedings (even if the proceedings are only in front of a judge), and more.

If possible, make your wedding plans flexible. You can’t know exactly how long it will take to get the fiancé visa, but you’ll have to hold your wedding within 90 days of entering the United States. Before you sign any contracts for catering, photographic, or other services, discuss the situation with the service providers and build some flexibility into your contracts or agreements in case the date needs to change.

Your Intended Spouse Must Be a U.S. Citizen

In order for you to be eligible for a fiancé visa, the person that you plan to marry must be a U.S. citizen, not a permanent resident (a green card holder). A U.S. citizen is someone who either was:

• born in the United States or its territories

• became a citizen through application and testing (called naturalization), or

• acquired or derived citizenship through a family member. (Acquisition and derivation of citizenship are complex areas of the law. In general, however, people may acquire citizenship by being born abroad to one or two U.S. citizen parents; they may derive citizenship if they are lawful permanent residents first and one of their parents is or becomes a U.S. citizen.) See “U.S. Citizenship by Birth or Through Parents” for who exactly qualifies.

Unlike some other countries, the United States does not require that its citizens carry any sort of national identity card. People who are U.S. citizens may have different types of documents that prove their status, such as a birth certificate, a U.S. passport, or a naturalization certificate. .

If your fiance is only a permanent resident, he or she can petition to obtain permanent residency for you only after your marriage has taken place. A fiancé visa is not available to you at this time.

You Must Have Met in Person Within the Last Two Years

To protect against sham marriages, U.S. immigration law requires that fiance visa applicants have met in person within the last two years. Given how many couples fall in love over the Internet, or even through old-fashioned letter writing or arranged marriages, such a meeting may not always have happened between fiances. Couples who have not yet met, however, will need to make sure they do so at least once in the two years before applying for the fiancé visa. Even a brief meeting may be sufficient.

In some countries, prospective husbands and wives customarily do not meet before their wedding. If one or both of you come from a country where such a meeting would not be acceptable, you may find the meeting requirement a bit of a hurdle. Fortunately, if you provide documentation of the prevailing customs in your country, USCIS may overlook this requirement.

You Must Be Legally Able to Marry

Last but not least, to be eligible for a fiancé visa there must not be any legal barrier to your getting married. You may not have to provide anything at all to satisfy this requirement if you are an adult who has never been married before and you are not a blood relative of your fiancé. This requirement is mostly directed at couples in which:

• one person is under the age of consent

• one person has been previously married and needs to prove that that marriage was legally ended, or

• the two members of the couple are related by blood.

If one of you is under the age of 18, you are likely to be considered underage in the United States. Your legal ability to marry will depend on the laws of the state where you plan to get married. Each of the 50 U.S. states sets its own rules, and you will need to research them. For example, you may find that in one state you must be 18 years of age to marry, while in another you can marry younger if you can show the consent of your parents.

If you or your fiancé have been previously married, you will not be given a fiancé visa until you prove that that marriage was legally ended, perhaps by death, divorce, or annulment. This is usually easy to prove, by obtaining copies of records from the court or local civic records office. If your divorce or annulment took place overseas, the U.S. government will recognize it as long as it is recognized in the country where it took place, and as long as at least one of the divorcing parties had a residence in the place where the divorce took place.

If you and your fiancé are blood relations, your legal ability to marry will depend on the laws of the state where you plan to get married. You will need to research these rules. You’ll find that all states prohibit marrying your sister or brother (sibling), half sibling, parent, grandparent, great grandparent, child, grandchild, great grandchild, aunt, uncle, niece, or nephew. But some states have additional prohibitions, such as marrying your first cousin.

To read the full article click here: Legal Requirements for K-1 Fiance Visa

Border Security, Economic Opportunity, and Immigration Modernization Act

Below is a press release from the American Immigration Council from earlier this week. On Tuesday the Senate Judiciary Committee met to review concerns related to Title Four of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. The following press release discusses issues that must be addresses by the Senators in regards to immigration and the workers in the United States.

For Immediate Release

Creating a Workable Future Flow Program in Senate Immigration Bill
Day Two of Senate Mark-Up Will Tackle Trickiest Part of Reform

May 13, 2013

Washington D.C. – Tomorrow, the Senate Judiciary Committee continues “mark-up” of S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act. The Committee will take up amendments related to Title Four, which addresses the majority of non-immigrant, temporary visas including those for high and less skilled immigrant workers, entrepreneurship and innovation programs, and a range of miscellaneous visitor visas. Title Four became one of the most intensely negotiated portions of the Gang of 8 bill, in part because issues regarding the future flow of immigrant workers strike at the heart of broad differences in opinion about how we supplement the American workforce through immigration.

Inherent in this debate are deeply nuanced questions about the best way to create a competitive business climate that does not undermine worker rights and protections, as well as the need to promote and encourage innovation and growth through immigration.  The Gang of 8 should be applauded for tackling this enormous challenge and crafting solutions that attempt to address these concerns.  This makes the bill significantly different from what was adopted in 1986—when a legalization program went forward without tackling the question of how to regulate the future demand for workers.

In this section of the bill, perhaps more than anywhere else, there will be disagreement about the best way to achieve a balance in S. 744 as it is readied for debate before the full Senate. In order to develop a smart and fair future flow program, Senators should keep in mind the following principles:

  • The United States needs a workable, efficient, and flexible immigration system that responds to the rapidly changing demands of a 21st century economy, technologies, and migration patterns. People live and work and innovate in ways that are different than they were twenty years ago, and yet our immigration system continues to operate on a series of static quotas and rigid requirements that ignore advances in every sector of our economy and the way we live today.
  • We can and should protect the wages and working conditions of all workers without creating a system that assumes that any businesses that employs foreign workers will exploit them.  Punitive measures and more intensive government oversight should be reserved for those who have broken the rules.
  • Employers can and should be required to show that they have made a legitimate and good faith effort to hire U.S. workers, but they should not be required to submit to rigid, bureaucratic rules that bear no relationship to business reality.
  • Immigration levels should rise and fall based on the ebb and flow of our economy and the changing dynamics of our labor force.  To achieve this, the system cannot be rigidly tied to broad, national employment levels or economic indicators that do not accurately reflect economic reality at the local level or within specific industries.

 

To read original press release, please visit: http://www.americanimmigrationcouncil.org/newsroom/release/creating-workable-future-flow-program-senate-immigration-bill

Naturalization Interview

At Maria Jones Law Firm, we specialize in Phoenix immigration law. One immigration issue our firm is able to help with is naturalization and citizenship. Are you interested in becoming a United States citizen? If so, we are able to not only help you with all the legal issues involved, but we love to share advice about what the entire process requires of a person. When you decide to achieve naturalization you are required to partake in a interview process. Today we decided to provide some information on what you can expect to take place during the interview process.

Arriving at the USCIS Office

When you get to the USCIS office, you will go through a security checkpoint and be asked to prove your identity,using a photo identity document and undergoing biometrics reverification (submitting to having two fingerprints and a photo taken, which will be checked against government databases to make sure that you are really you and didn’t send someone else in your place).

After being admitted to the office within, the usual procedure is for you to place your interview notice in a box and wait for your name to be called. You may have to wait a very long time, since USCIS often schedules many people for the same block of time.

But that doesn’t mean you should show up at the last minute. Get there early, to make sure you don’t get lost, find parking, and make it through the security station well in time for your interview. If you fail to show up on time, USCIS could decide to close your case file.

When it’s your turn, a USCIS officer will call you in to the inner office, lead you to a desk, and ask that you swear to tell the truth during the interview.

Review of Your N-400 Application

A surprising amount of your interview will involve the USCIS officer going over your written application, particularly Form N-400. The officer will use the simple inquiries on your form, such as “Your current legal name” and “What is your current marital status?” to test your English and to confirm that the information you have given is correct.

Before the interview, be sure go over your copy of your Form N-400 carefully. Then, simulate the interview at home, for example by having an English-speaking friend ask you each of the questions.

Discussion of Changes in Your Life Circumstances Since Filing Form N-400

The officer may ask near the beginning of your interview, “Are there any changes to your application?”

Be prepared to provide corrections. Most changes are not a problem. If, for example, you have had another child, be prepared with the child’s exact name and a copy of the birth certificate. Or, if you have taken a trip outside the United States, bring a list of the exact dates and other information that the N-400 asks for regarding trips (and, of course, make sure that none of those trips broke the continuity of your U.S. residence). If you have changed jobs, bring a business card or employer letter showing your new employer’s name and address.

Two particular changes to your Form N-400 could, however, have a serious impact on your chances of receiving U.S. citizenship:

• If you have recently divorced the person who sponsored you for a green card.

• If you have recently been arrested or done anything else that would cause you to change your answer to any of the “no” answers in Part 5 of the Form N-400 to “yes.”

If either of the above are true, it may not only affect your eligibility for citizenship, but your right to remain in the United States. See an immigration attorney immediately.

Testing Your English Ability

The test of your English speaking ability will begin the moment the officer meets you. He or she will be observing your ability to follow instructions (such as, “Please remain standing,” when you are sworn in), and to answer questions.

If you don’t understand a question, it’s okay to ask the officer to rephrase it. In fact, guessing at what the officer is saying could get you into deeper difficulties than simply saying, “I’m sorry, would you  please repeat that using different words?”

USCIS has instructed its officers “to repeat and rephrase questions until the officer is satisfied that the applicant either fully understands the question or does not understand English.”

The officer will also ask you to write a sentence in English, which he or she will dictate. The vocabulary will come from the list that you studied ahead of time (provided on the USCIS website and in Becoming a U.S. Citizen, by Ilona Bray (Nolo)).

Testing Your Knowledge of U.S. Civics

In some USCIS offices, they split the interview up, by having one officer test you on civics as well as written English, and then another one do the actual interview. If that’s not the case where you are, however, the interviewing officer will simply ask you up to ten questions from the list of 100 possible ones provided by USCIS. As soon as you have answered six questions correctly, the officer will stop, and you will have passed this portion of the interview.

If you are unable to answer six out of ten questions correctly, the interview will stop, and you will be rescheduled for another day (within the next 90 days).

The Interview Decision

If all goes well at the interview, the USCIS officer will tell you that you have been approved and may hand you a piece of paper containing information about your swearing-in ceremony.

In some parts of the United States, you have a choice between going to a court-run or a USCIS-run ceremony. In that case, the officer will show you the schedule and ask you to choose a date. (Remember to choose a court ceremony if requesting a name change, as only a judge can approve this.) Most USCIS offices will notify you about the swearing-in ceremony by mail. In any case, you are now a mere one or two months away from attaining U.S. citizenship.

If you are denied, you should receive a piece of paper explaining the reasons. You may choose to appeal or to simply reapply.

To read the full article click here: What to Expect at Your Naturalization Interview

The Legal Action Center’s Practice Advisory on Reinstatement of Removal

For Immediate Release

LAC Issues Practice Advisory on Reinstatement of Removal

April 30, 2013

Washington, D.C.—The Legal Action Center (LAC) is pleased to announce the issuance of a new practice advisory, Reinstatement of Removal. A person who has been removed and illegally reenters the United States may be subject to reinstatement of removal under INA § 241(a)(5). This Practice Advisory provides an overview of the reinstatement statute and implementing regulations. It also addresses federal court review of reinstatement orders and potential arguments to challenge the legality of reinstatement orders, including challenges to the underlying removal order.

This practice advisory includes a sample reinstatement order, a sample letter to DHS requesting a copy of the reinstatement order, a checklist for potential challenges to reinstatement orders, and an appendix of published reinstatement decisions. The LAC issued this advisory jointly with the National Immigration Project of the National Lawyers Guild.

All of the LAC’s Practice Advisories are available on the LAC website.

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For more information, contact clearinghouse@immcouncil.org or call 202-507-7516.

lac

Reform News

In Mexico, President Obama Says Immigration Reform Is Critical to Trade

President Obama arrived in Mexico City today, where the economy and trade were intended to top the agenda of his three-day trip to Mexico and Costa Rica.

With Congress poised to overhaul the nation’s immigration laws, however, border security and immigration reform are overshadowing much of the public discussion.

“I’m optimistic about us getting this done because it’s the right thing to do. We’ve seen leaders from both parties indicate that now’s the time to get comprehensive immigration reform done,” Obama said at a joint press conference with Mexican President Enrique Pena Nieto. “If we’re going to get that done, now’s the time to do it.”

Obama argued that reforming the U.S. immigration system is an economic imperative and, given the amount of trade between the U.S. and its southern neighbor, that it’s important for the countries not to get bogged down with border issues. Mexico is the United States’ second-largest trading partner.

One day after Sen. Marco Rubio, R-Fla., said that the immigration reform bill will struggle to pass if border security provisions are not strengthened, Obama defended his administration’s efforts to boost the border.

“We’ve put enormous resources into border security,” he said, before admitting that “there are areas where there’s still more work to be done.”

Obama also recommitted the U.S. to help in the fight against illegal drug trafficking amid tension over Pena Nieto’s decision to limit the amount of access Mexico gives to U.S. security agencies.

“I agreed to continue our close cooperation on security, even as the nature of that cooperation will evolve,” Obama said. “As I told the president, it is obviously up to the Mexican people to determine their security structures and how it engages with other nations, including the United States.”

To read the full article click here: In Mexico, President Obama Says Immigration Reform Is Critical to Trade

Maria Jones Law Firm provides exceptional, high quality legal service to our clients. The experienced Phoenix immigration attorneys also offer green card and visa attorney services. Our team of professionals is carefully selected to meet your needs. Each one of our Phoenix immigration attorneys is passionate in helping people better understand the complexity of immigration and the green card/deportation process. At Maria Jones Law Firm we make it possible for everyone who is in need of assistance with Arizona immigration law receives our help and legal expertise.

7 Conditions to Qualify for the Dream Act under the Current Bill

 

The Development, Relief and Education for Alien Minors Act or DREAM Act, announced on June 15, 2012 by the Obama Administration, allows immigrants aged 15 to 31 who came to the country before they were 16 and have lived here continuously for at least the past five years to apply for temporary right to live and work openly in the United States without fear of deportation. On August 15, 2012, the DREAM Act kicked off with an estimated 1.9 million eligible applicants.

There are seven conditions that must be met to qualify for the DREAM Act, under the latest version of the bill, an illegal immigrant must:

- You are under the age 31 as of June 15, 2001

- You came to the U.S. before your 16th birthday

- You have continuously resided in the U.S. since June 15, 2007

- You were physically present on June 15, 2012

- You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012

- You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States

- You have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

It’s vital to talk with a Phoenix immigration attorney to avoid mistakes and to avoid ending up in a worse situation than you were in before any action, because the U.S. Citizenship and Immigration Service are examining each situation on a case-by-case basis. You have to make sure you have your paperwork filled out right before you apply or before you take any immigration action on your own.

 

 

Immigration Protection Program

At Maria Jones law firm, we offer a unique Immigration Protection Program to our clients. Upon your request, a Phoenix deportation lawyer will gather helpful information about your good character and strong family and business ties through letters or affidavits from friends and business associates. Documents such as marriage certificates, birth certificates, property records, pay stubs, school and church records, green cards, and tax records, are all helpful to build a strong “immigration portfolio” for you.

Immigration laws grow increasingly more complex every day. Quick decisive legal action is needed to defend you from possible removal proceedings when your allotted stay has expired. There are two types of visas under U.S. law: immigrant and non-immigrant. Non-immigrant visas allow foreigners to travel or work temporarily in the USA. The tourist-visa requirement is waived for citizens of 36 countries, most of them in Europe. Many people coming to work in the USA want to immigrate there permanently.

Maria Jones Law Firm

The Phoenix immigration attorneys at Maria Jones Law Firm is on call 24-hours a day, 7 days a week, for individuals who need legal representation for ICE appearances or other court appearances. Call Maria Jones Law Firm 24/7 at 602.626.3296, to speak with a Phoenix immigration attorney.

Immigration Reform News: Leaked Details

With the immigration reform just around the corner, any news we can get is valuable to the millions of people this will effect.  In recent news, ABC reports on some leaked details of the new bill.

After months of negotiations, a group of Democrats and Republicans in the Senate are poised to release a broad immigration reform bill within the next few days.

The bill would create a pathway to citizenship for some of the country’s 11 million undocumented immigrants and earmark billions for border security.

Although senators working on the bill have stressed that the document still isn’t finalized, some important details have leaked in the past week.

1. The Border Security “Trigger” The bill creates a pathway to citizenship for undocumented immigrants who meet certain qualifications, but applicants would need to undergo a 10-year probationary period before being eligible for a green card.

The decade-long wait comes with another caveat: The federal government will need to meet certain border security benchmarks before any undocumented immigrants can receive a green card.

The border security plan would require surveillance of 100 percent of the U.S.-Mexico border and 90 percent effectiveness in border enforcement, The New York Times reported.

If those goals are met, immigrants who completed the 10-year waiting period would be eligible to apply for a green card.

2. The Cut-Off Date Of the estimated 11 million undocumented immigrants in the U.S., hundreds of thousands may not be eligible for the path to citizenship being offered by the Senate, the AP reported on Friday.

The bill requires that applicants prove they were in the country before December 31, 2011, the AP reported. That means anyone who arrived after that date would be excluded.

There will be other requirements, too, like proving you have a clean criminal record and that you have enough job stability to stay off welfare. How the bill defines those things — criminality and financial stability — could decide the fate of thousands.

3. More Visas for Workers The majority of immigrants who receive legal permanent residence in the U.S. get their visas because of family ties.

But the Senate bill will add a major new “merit-based” program, The New York Times reported on Thursday.

To read the full article:  3 Leaked Immigration Reform Details

Things to Know About a Spousal Visa

If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

  • Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
  • Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:
    • Petition for Alien Relative, Form I-130; and
    • Petition for Alien Fiancé(e), Form I-129F

If you are an American citizen, you may bring your fiancé(e) to the United States to marry; and live here.

  • Nonimmigrant visa for fiancé(e) (K-1)- To travel to the United States for marriage. An I-129F fiancé(e) petition is required.

There are also some conditions for specific visa applications.  These are some requirement examples for a K-3 application.

• First, only American citizens can file a marriage visa petition on behalf of his non-U.S. citizen spouse. The American spouse must prove that he is a lawful citizen of the United States. Documents that will prove this are birth certificate, naturalization certificate or unexpired passport.

• Second, the couple must prove that their marriage is authentic and not just a union on paper. Several documents should be presented to be convincing. Examples of these documents are marriage certificate, divorce or annulment certificates if you have been previously married, deed of joint ownership of a property, financial papers showing both your names as co-owners, lease agreement under both your names, and others of the like. Affidavits of friends attesting to the genuineness of your marriage are also acceptable.

• Third, the petitioner must also prove that he or she is financially capable of supporting the foreign born spouse in the U.S.. Financial records will have to be submitted to prove eligibility.

Contact an attorney directly if you need more information or have any questions on spousal visas.

Immigration Detainees’ Release Causes Outrage in Arizona

With the Senate meeting in April to discuss the proposals for immigration reform, both pro and anti immigration activists have been getting a lot of attention. Politicians are weighing out the marks and trying to get a handle on the proposed reform.  To make things even more heated a recent mass release of immigration detainees in Arizona has sparked more flames between both activists sides.  This release done last month has activists talking for a variety of reasons, both sides are furious.

The release of more than 300 people from immigration detention centers in Arizona — part of a mass release across the nation in anticipation of looming federal budget cuts — sparked outrage among activists on both sides of the political aisle.

Anti-illegal immigration groups and others accused the Obama administration of playing politics, while an immigrant rights group said the incident showed the administration had detained people they shouldn’t have in the first place.

John Hill, executive director of the Phoenix-based anti-illegal immigration group Stand With Arizona, said the Department of Homeland Security was using immigration security as a political weapon.

“The shocking, lawless actions of DHS in releasing thousands of illegal aliens from detention merely to score points on sequestration proves what we have said all along: The DHS is far too politicized to be trusted to implement either the Obama or the ‘Gang of 8′ immigration reform plans,” Hill said in a statement.

Immigration and Customs Enforcement officials said the release of “several hundred” detainees since last Thursday from deportation centers across the nation was in anticipation of spending cuts linked to the so-called budget sequestration, which mandates across-the-board cuts starting Friday unless Congress reaches a compromise.

“As fiscal uncertainty remains over the continuing resolution and possible sequestration, ICE has reviewed its detained population to ensure detention levels stay within ICE’s current budget,” ICE spokeswoman Amber Cargile said in a statement.  “Over the last week, ICE has reviewed several hundred cases and placed these individuals on methods of supervision less costly than detention.”

Agency officials emphasized that those freed were on supervised release, with telephonic and electronic monitoring.

Cargile, based in Phoenix, said all of the released detainees remained in removal proceedings. She said priority for detention remained on serious criminal offenders and other individuals who are believed to pose a significant threat to public safety.

United We Dream, a youth-led network advocating for the legalization of 11 million people who are in the country illegally, said it took a “manufactured crisis to reunite families.”

“Every day I get calls from families being torn apart with a loved one about to be deported,” Carolina Canizales, coordinator of United We Dream’s End Our Pain Program, said in a statement. “Low-priority individuals — people who pose absolutely no risk or danger to society, but rather are upstanding members of their communities and families — should not have been locked up to begin with.”

Arizona Gov. Jan Brewer said she was “appalled” by the mass release, adding that it had been done “under the guise of federal budget cuts.”

To read the full article click here:  Immigration Detainees Released

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