Atlanta Immigration Law Blog

Who is eligible for a fiance visa?

On behalf of Schwartz Posel Immigration Law Group on Wednesday, July 17, 2019.

The immigration process is complex and often difficult to navigate. The laws seem to be constantly changing, and it's difficult to know what how you can move forward with your specific immigration goal. If you are looking to apply for a fiancé visa, it's in your interests to learn more about what to expect from this process and how you can avoid potential complications.

There are strict eligibility requirements for those who wish to apply for a K-1 fiancé visa. Not everyone who wants to apply for one is eligible, and not all applications receive approval. If you wish to bring your fiancé into the United States from another county, the first step is to file a specific form and plan to marry within 90 days of his or her arrival in the country.

What is the asylum process?

On behalf of Schwartz Posel Immigration Law Group posted in asylum on Friday, July 5, 2019.

The asylum process is important for many individuals so it is helpful for individuals seeking asylum and their families to understand the asylum process. Asylum may be requested by individuals entering the United States at a port of entry or by those already present in the United States. An asylum request may be made at an airport, seaport or border crossing or at a service center, with some exceptions, within one year of entering the country.

Changed circumstances or extraordinary circumstances can impact the length or time an individual has to apply for asylum or their ability to apply for asylum if a request for asylum has previously been made and was denied. There is a specific form for asylum that must be completed and completed fully. As is always true when considering immigration law, it is important to know what paperwork to complete and how to properly complete it to potentially increase the individual's chances of being granted asylum.

Understanding the employment visa process

On behalf of Schwartz Posel Immigration Law Group posted in employment immigration on Friday, June 21, 2019.

When a foreign worker has an exciting employment opportunity, they may need an employment visa to pursue that opportunity which is why it is important to understand what an employment visa is and the process for obtaining an employment visa. An H-1B visa in a nonimmigrant visa that allows an employer to sponsor and foreign worker to work in this country.

To qualify, the foreign worker must work in one of the designated specialty occupations and have obtained the equivalent of a U.S. bachelor's degree in their home country. H-1B visas are generally valid for 3 years and may be extended for up to 6 years with some exceptions. In addition, there are also important classifications and rules that may apply to children of the foreign worker so it is also helpful to be familiar with what those are.

What types of workers qualify for employment immigration visas?

On behalf of Schwartz Posel Immigration Law Group posted in employment immigration on Thursday, June 13, 2019.

Georgia businesses want to be successful financially, and sometimes they need to hire a worker from abroad. Each year in the United States, around 140,000 immigrant visas are given to those with qualifying job skills who want to live and work in the U.S. There are five employment immigration visa preferences. These preferences take into account a worker's education and skills, as well as the sector they are employed in and the position they hold.

The first preference is for workers that have extraordinary abilities in certain fields, such as sciences and the arts, among others. Outstanding researchers and multinational executives also fall under the first preference EB-1 category.

Your options if you disagree with an adjustment of status ruling

On behalf of Schwartz Posel Immigration Law Group posted in adjustment of status on Thursday, June 6, 2019.

Some immigrants living in Georgia or elsewhere in the nation do not have a green card. To remain in the country as a lawful permanent resident, however, they may request an adjustment of status from the U.S. Citizenship Immigration Services. In general, a decision by the USCIS on an application for an adjustment of status cannot be appealed. However, applicants may be able to move the court to either reopen or reconsider the case. It is important to understand what these two terms mean, so that those who find themselves in this situation can make an informed decision.

A motion to reopen involves a review of the decision based on new facts. These facts must not have been included in the denied application. In addition, the new facts must be relevant to the specific issues detailed in the motion.

Things to know about the visa process

On behalf of Schwartz Posel Immigration Law Group on Thursday, May 23, 2019.

If you plan on temporarily residing in Georgia or somewhere else in the United States under a visa status, you will have a lot of paperwork to complete and may have several challenges to overcome, as well. At some point, you'll have to attend an interview. If you are applying for a non-immigrant visa, you may have to establish home ties, meaning convince immigration officials that you have reason to return to your home country.

So many legal obstacles can arise when you apply for or obtain a visa. Even after you acquire a visa, you can still get into trouble -- for instance, if you stay in the United States after your visa's expiration date without taking necessary steps to renew it. That's why it's always a good idea to stay closely connected to someone well-versed in U.S. immigration law.

What visa options are there for family immigration?

On behalf of Schwartz Posel Immigration Law Group posted in family immigration on Thursday, May 9, 2019.

Being separated from your family for any length of time can be difficult, especially when that time is compounded by distance. For this reason, a person from abroad will often want to immigrate to the state of Georgia or elsewhere in United States so they can live with their loved ones. To do so, however, the immigrant will need a family-based visa to lawfully reside in the country. There are various types of family-based visas, the availability of which depends on the relationship between the immigrant and the U.S. relative sponsor.

First, there are immediate relative immigration visas. An unlimited amount of these visas can be issued each fiscal year. Spouses of U.S. citizens, unmarried children of a U.S. citizen who are under 21, orphans adopted abroad by U.S. citizens, orphans to be adopted in the U.S. by a U.S. citizen and parents of U.S. citizens age 21 and up may all be eligible to apply for various types of immediate relative immigration visas.

Do I need a job offer for employment immigration?

On behalf of Schwartz Posel Immigration Law Group posted in employment immigration on Thursday, April 25, 2019.

Some employers in Atlanta and elsewhere in the United States may wish to hire an employee from abroad. For example, they may find that the position they wish to fill is very specialized and there simply aren't any American candidates that qualify for it and are willing to accept the job. Thus, they may wish to sponsor an immigrant for a work visa.

Some types of work visas require that an individual from abroad already have a job offer from an employer in the U.S. In this situation, the sponsor-employer must obtain a labor certificate approved by the U.S. Department of Labor. There are several points that a labor certificate verifies regarding employment immigration.

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

On behalf of Schwartz Posel Immigration Law Group posted in citizenship on Thursday, April 18, 2019.

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

On behalf of Schwartz Posel Immigration Law Group on Thursday, March 28, 2019.

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.