Immigrants Apply for Deferred Action Plan
Deferred Action Plan
To follow up on our earlier post regarding the immigration program known as the Deferred Action Plan, we are providing a link to a NY Times article from today by Steven Yaccino below. The article provides a quick look at the sheer numbers of immigrants who have already come forward to take advantage of this legislation. Remember that this is just from today. There will be thousands upon thousands more who will be applying. If you or anybody you know needs assistance applying for the Deferred Action Plan, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 for assistance!
Visas for Spouses
Visas for Spouses
American citizens have two means of bringing their foreign husbands or wives to the United States to live. You may “sponsor” your spouse’s immigrant visa for entry to the United States. If you follow this process, your foreign spouse will complete the visa process completely outside the U.S., and then arrive in the United States and obtain permanent residency status immediately. You will need to submit an immigrant Petition for Alien Relative. After the USCIS, the National Visa Center and the U.S. Embassy complete all the necessary administrative processing your spouse will be granted an immigrant visa. Your spouse will receive an IR1 or a CR1 visa. An IR-1 (IR stands for “Immediate Relative”) visa allows your spouse to immigrate to the U.S. A CR1 Visa (CR stands for “Conditional Residency”) will be given to you if your marriage is less than 2 years old. It is conditional for two years.
You can also obtain a non-immigrant K-3 visa. K3 visas are granted normally within a few months. You should use the K3 visa to start the process outside of the U.S. and then travel to the U.S. to complete the immigration process. Please note that in this case, the application must be made in the country where the marriage took place. If your marriage took place in the U.S., your spouse must apply for a K3 visa through the U.S. Embassy in the country of his/her residence. In addition, the applicant needs to have also filed a Petition for alien fiancé on his/her behalf. Usually the USCIS requests a Petition for alien fiancé rather than a Petition for alien spouse. After the visa has been issued, the spouse can travel to the US.
To obtain either visa, you must meet the following requirements:
- You must be legally married. Merely living together does not qualify a marriage for immigration. Unmarried partners are ineligible to sponsor visas to the United States.
- In most cases you must have a residence in the U.S. to apply.
- You must be 18 years old before you can sign the Affidavit of Support, which is a form that will be required later in the process.
If you live outside the U.S.:
If you want to bring your foreign spouse to the U.S., but you are currently living outside the U.S., you must submit a visa petition to either your local U.S. Citizenship and Immigration Services (USCIS) office or directly to the U.S. Embassy where your foreign spouse resides. Once the visa petition is approved, the foreign-born spouse will receive a packet from the National Visa Center (NVC). The packet informs your foreign spouse of the various documents which must be presented at the immigrant visa interview abroad (e.g., passport, police clearances, results of medical examinations, etc.). The packet includes certain documents requesting biographic data that must be completed, signed and forwarded to the U.S. Embassy or Consulate abroad. Usually, the foreign-born spouse is interviewed and granted an immigrant visa within three to six months. If you and your spouse are planning to remain outside the U.S. indefinitely, it is not recommended that you apply for a Green Card. The Green Card could be cancelled at the Port of Entry to the U.S. if you have spent more than six months outside of the US. The Immigration Officer at the Port of Entry will have to determine if the U.S. is your main home, so be prepared for a myriad of questions.
If you both already live in the US:
The U.S. citizen must submit a Petition for Alien Relative to the appropriate U.S. Citizenship and Immigration Services (USCIS) office to prove that the marriage is genuine. The petitioner must also include in his package a plethora of biographical information which will determine his or her eligibility. At the same time, the foreign-born spouse, assuming he or she entered the U.S. lawfully, should submit an application for adjustment of status.
As always, if you have any questions, please feel free to call us at (516) 858-2620 to speak to an Immigration attorney! The Law Firm of Vaughn, Weber & Prakope, PLLC will be glad to be of assistance in any Immigration matters you may have.
Filing for a K-1 Fiancé Visa
K-1 Visa
The Immigration and Nationality Act provides a nonimmigrant visa classification known as a “K-1 visa″ for aliens coming to the United States to marry American citizens and reside here. When filing a K-1 Visa, there are many factors the USCIS takes into account before approval. However, the approximate processing time is usually between 3 to 6 months from initial filing to a fiancé’s arrival.
To establish a K-1 visa classification for an alien fiancée, an American citizen must file a Petition for Relative or Fiancée, with the United State Citizenship and Immigration Service (USCIS) having jurisdiction over the place of the petitioner’s residence in the United States. Such petitions may not be adjudicated abroad. The approved petition will be forwarded by USCIS to the American consular office where the alien fiancée will apply for his or her visa. A petition is valid for a period of four months from the date of USCIS action, and may be re-validated by the consular officer.
In some instances, applicants may be refused a visa for specific reasons. These include:
Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship
If the USCIS approves a petition, upon receipt of said approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a “K” visa. Since a fiancée visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant.
In addition to the prescribed application forms, the following documents are normally required:
Valid passport
Birth certificate
Divorce or death certificate of any previous spouse
Police certificate from all places lived since age 16
Medical examination
Evidence of support
Evidence of valid relationship with the petitioner
Photographs
In addition, both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancée. If found eligible, a visa will be issued, valid for one entry during a period of six months.
As always, if you have any questions, please feel free to call us at (516) 858-2620 to speak to an Immigration attorney! The Law Firm of Vaughn, Weber & Prakope, PLLC will be glad to be of assistance in any Immigration matters you may have.
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