Schwartz Posel Immigration Law Group
Phone: 678-813-1936

Atlanta Immigration Law Blog

How can children born or living abroad obtain U.S. citizenship?

Sometimes a child is born to a U.S. citizen abroad or sometimes parents in the U.S. wish to adopt a child from another country. These parents may want to reside in the U.S. with their child. It is important for parents in Georgia to understand how children in such situations can obtain U.S. citizenship.

A child born abroad can automatically become a U.S. citizen in certain situations. First at least one of the child's parents (whether biological or adoptive) must be a U.S. citizen by birth or through naturalization. The child cannot be more than 18 years old and must be a lawful permanent resident of the U.S. Finally, the child must be living in the U.S. under the legal and physical custody of the parent or parents who are a U.S. citizen.

Adjusting your status after marrying a U.S. citizen

Marriage fraud in the U.S. immigration system has always been a problem. In fact, it is one of the most common immigration issues the U.S. Customs and Immigration Services faces. The USCIS has safeguards in place to identify and prevent marriages based on fraud or to remove those who attempt to obtain green cards based on illicit marriages.

If you are seeking a green card based on your marriage to a U.S. citizen, be prepared for a challenging process. You may have to provide extensive documentation to prove that your marriage is genuine and not simply an instrument for obtaining the rights of permanent residency in the U.S.

Court ruling may help those seeking asylum in the U.S.

It can be a terrible thing to fear for one's life or be persecuted in one's own home country, and many people in Georgia can sympathize with those who are in such plights. For these reasons, many refugees choose to leave their country of origin and seek asylum in the U.S. However, being granted asylum is not always as straightforward as it should be.

The 9th Circuit U.S. Court of Appeals has issued a ruling that provides asylum seekers with greater access to U.S. courts if their claim for asylum is initially rejected. In 1996, a law was passed by Congress in which those seeking asylum who failed their initial screening for eligibility at the border could be deported without having a formal hearing to appeal the decision before a judge.

Family immigration can be complicated, but help is available

There are a lot of steps in the immigration process and a lot of requirements to meet. This can especially be true if a family member desires to obtain a visa that will allow them to join a family member who is already a permanent resident or U.S. citizen. Those in Georgia who find themselves in such situations will want to ensure that they do not miss any steps in the family immigration process that could delay their reunification with their loved ones or even lead to an outright denial of a visa.

There are a variety of visas that could be sought for family immigration. Some people seek a K-1 fiancée visa. This visa permits a foreign national engaged to a U.S. citizen to live in the U.S. until the wedding takes place, after which they can apply for a green card. Some people seek a K-2 visa. These visas are meant for children of parents who have a K-1 visa. Some people seek a K-3 spouse visa. This visa permits an alien who is wed to a U.S. citizen to reside in the U.S. while their I-130 petition is being processed. Finally, family-based green cards permit an alien who is sponsored by a relative who is a U.S. citizen or a lawful permanent resident to live in the U.S.

Don't make these mistakes when applying for citizenship

Applying for a green card is the first step to becoming a permanent resident of the United States, and eventually, a U.S. citizen. However, the application process can be daunting and even minor mistakes could delay the approval of an application. Those in Georgia seeking a green card or U.S. citizenship will want to ensure they do not make the following mistakes when completing the documents necessary to achieve their goals.

First, any immigration documents should bear the signature of all applicable individuals. In addition, because the laws and regulations regarding immigration will change from time to time, it is important that applicants file the most recent version of the forms they are submitting to the U.S. Citizenship and Immigration Services.

What are one's visa options for employment immigration?

America is seen by many as the "land of opportunity." Perhaps it is for this reason that many people from abroad choose to immigrate to Georgia and elsewhere in the United States for employment. These people may wish to live in the country as lawful, permanent residents. To do this, they must obtain a Green Card.

To apply for a Green Card, a foreign-born person must satisfy the requirements of one of several specific categories. One of these categories is employment immigration. Immigrant workers can be first preference, second preference or third preference.

The asylum process may give you access to a green card

The U.S. government allows immigrants to seek asylum in Georgia or any other state. Sometimes, immigrants begin the process of application from abroad. Other times, people arrive at U.S. borders asking for protection, perhaps because they fled poverty, violence or persecution in their countries of origin. If you are hoping that the government will grant you status as a refugee, you'll want to know as much about the process as possible.

It's also a good idea to connect with someone who is well versed in U.S. immigration law, in case any legal obstacles arise. As someone living and working in the United States under protected status, you may also be eligible to apply for permanent residency. There are various types of asylum, such as affirmative asylum and defensive asylum. For instance, if you currently reside in an immigration detention center, you would need to apply for defensive asylum.

What is needed to seek an adjustment of status?

If a person was born in another country and is residing in Georgia or elsewhere the U.S. without a green card, it may be possible for them to remain in the country if they meet the requirements for an adjustment of status. Basically, this qualifies them to pursue a green card that will allow them to remain in the country as a lawful permanent resident. There are several requirements that must be met to qualify for an adjustment of status.

First, those seeking an adjustment of status need to have come to the U.S. through legal means and must be physically present in the nation. The basis upon which one is immigrating to the U.S. will factor into whether a person is able to obtain an adjustment of status. In addition, if a person is qualified to seek an adjustment of status, there are certain steps they must take to obtain that goal. Keep in mind that this information is only a general guideline, and your specific case may take a different trajectory.

What does the government shutdown mean for immigration services?

We are now more than three weeks into the partial government shutdown. Whether you're applying for your green card or looking to renew your passport for your upcoming vacation abroad, you might be wondering how this shutdown is impacting immigration services.

In today's post, we outline what is, isn't and could be impacted.

Two means of obtaining asylum in the U.S.

Asylum has been a hot-button political issue in our nation as of late. It is important for people in Georgia and elsewhere to understand what a person must do to obtain asylum in the United States. With this information, those seeking asylum can make informed decisions on the topic.

There are two means of obtaining asylum in the U.S. One way is through affirmative asylum processing with the U.S. Citizenship and Immigration Services. The other way is through defensive asylum processing with the Executive Office for Immigration Review.

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