Law Office of Troy J. Mattes, P.C.Law Office of Troy J. Mattes, P.C.2024-03-06T13:42:31Zhttps://www.immiglawus.com/feed/atom/WordPress/wp-content/uploads/sites/1103435/2023/10/cropped-site-icon-32x32.pngOn Behalf of Law Office of Troy J. Mattes, P.C.https://www.immiglawus.com/?p=2565112024-03-06T13:42:31Z2024-03-06T13:42:31ZIf you became a “permanent resident” of the U.S. and received your green card when you married your spouse, you likely went through multiple interviews by authorities who wanted to make sure that your marriage was real. The U.S government takes green cards very seriously.
So what happens to your green card if you and your spouse divorce? Generally, you can remain in the U.S. as long as you and your spouse didn’t commit “marriage fraud” to get your green card.
Is your green card still conditional?
If you have had your green card for less than two years, it’s considered conditional. That means you and your spouse will need to file form I-751 before the two-year conditional period expires to remove the conditional status. If you’re in the middle of divorce, that can be tricky. What if your spouse refuses to sign the form?If your spouse won’t cooperate with removing your conditional status, you can apply for a waiver through the United States Customs and Immigration Service (USCIS). The USCIS usually requires proof of divorce, however, for a waiver unless a person has been the victim of domestic violence. If your spouse won’t sign the form and you aren’t yet divorced, it’s a good idea to get legal guidance.
What if you already have permanent resident status?
If you’re past that conditional period and are a full-fledged permanent resident, getting a divorce probably won’t change that. Unless a person has committed a crime that is grounds for deportation, they won’t lose their green card if they divorce. What if your spouse threatens to falsely claim that the marriage was a scam to get you a green card just to get back at you? If they do, they’re admitting to a crime that could land them in federal prison. That will likely make them think twice before trying something like that.If you have any worries about how your divorce will affect your status here in the U.S., it’s a good idea to get the help you need to protect your rights.]]>On Behalf of Law Office of Troy J. Mattes, P.C.https://www.immiglawus.com/?p=2565072024-02-21T20:20:26Z2024-02-21T20:20:26Zsponsoring loved ones.
U.S. citizens
U.S. citizens can sponsor more family members than LPRs can. Citizens can sponsor immediate relatives and family preference relatives. Immediate relatives include the sponsor’s spouse and their unmarried children under the age of 21. Citizens who are at least 21 can also sponsor their parents. This category has unlimited visa each year.
Family preference relatives include adult children, whether they’re married or unmarried. This category also includes brothers and sisters. This category only has limited visas, so there are significant waiting periods for these individuals.
Lawful permanent residents (LPRs)
LPRs are more limited in who they can sponsor. They aren’t allowed to sponsor people who fall under the family preference relatives category. An LPR can only sponsor their spouse and unmarried children. LPR-sponsored visas are limited by specific caps each year. Lengthy wait times are possible for these applications to work through the process.
If you are interested in sponsoring a family member, ensuring that you have necessary paperwork filled out fully and accurately is critical. Working with someone familiar with this process and immigration guidelines may benefit anyone going through this process, given its complexities and how much is at stake.]]>On Behalf of Law Office of Troy J. Mattes, P.C.https://www.immiglawus.com/?p=2564982024-02-09T21:37:45Z2024-02-09T21:37:45ZWhen you get a green card, it gives you permanent resident status. Technically, this is called a Permanent Resident Card. “Green card” is just the common term used because the cards were originally printed on green paper.
Despite the name, a permanent resident card does not last forever. It typically has to be renewed every 10 years. If the card has already expired, or if it is set to expire in roughly the next six months, it is wise to renew your status. Getting a green card is certainly a big step, but it is different from becoming a citizen and so renewals are necessary.
Do the cards always last for 10 years?
Most permanent resident cards will last for 10 years, but there are also conditional resident cards. These expire after two years. As such, it’s very important for every individual to know precisely what type of card they have and what renewal schedule they’re looking at. Staying in the country in violation of a card that hasn’t been renewed could result in deportation or other legal troubles.
Can you replace your card?
Yes, if you have a permanent resident card that you need to replace – perhaps it has been lost, damaged or destroyed – this can be done by using the I-90 form. This is the same form used to renew a permanent resident card. Always be sure that your card and your status are up-to-date, and do not put off getting a renewal if a card expires or is lost.Are you facing legal complications over your status, or do you have questions about how to make the proper adjustments? It can be helpful to have an experienced legal team at your side.]]>On Behalf of Law Office of Troy J. Mattes, P.C.https://www.immiglawus.com/?p=2564462024-01-29T15:59:36Z2024-01-29T15:59:36ZCanadian and Mexican citizens in specific professions who are seeking to work in the U.S on a temporary basis need to get a TN visa. They are known as “NAFTA professionals” or “TN nonimmigrants.” NAFTA, of course, is the North American Free Trade Agreement under which economic and trade relationships among the three countries operate.
Among these NAFTA professionals are scientists, engineers, pharmacists, attorneys and teachers. They must have a “prearranged full-time or part-time job with a U.S. employer,” according to the U.S. Citizenship and Immigration Service (USCIS).These NAFTA professionals can apply for the visa themselves through U.S. Customs and Border Protection (CBP) at a point of entry to the U.S. with the appropriate documentation. However, many employers who rely on those with TN visas apply on their behalf. The initial stay can be no more than three years. These professionals typically require regular reapplication to return to the U.S. if they return to their home country.
A lawsuit against the USCIS over two Canadian citizens
A pending lawsuit shows just how much some employers rely on these professionals. The Henry Ford Health System recently filed a lawsuit against the USCIS for denying visa extensions for two radiologic technologists from Canada.One had been with the company since 2009 and had obtained his most recent visa last year. However, when he attempted to return to the U.S., he was denied entry. The other one was denied a new visa last year by the USCIS, reportedly because he didn’t meet the qualifications. He’d been in his job since 2017.In the suit, their employer, a nonprofit health system, said that “their absence has created critical staffing issues that have negatively impacted Plaintiff's ability to deliver patient care.”These TN NAFTA nonimmigrant visas can be tricky to navigate, and the rules are different for Canadian citizens than they are for Mexican citizens. If you are having difficulty obtaining a TN visa for yourself or an employee, it can help to have experienced legal guidance.]]>On Behalf of Law Office of Troy J. Mattes, P.C.https://www.immiglawus.com/?p=2564382024-01-19T20:25:46Z2024-01-24T20:24:40Z1. What is a hardship waiver?
A hardship waiver allows for legal permanent residency despite past immigration violations or criminal offenses. To qualify, you must prove that your U.S. citizen or permanent resident spouse, parents or children would experience extreme hardship if they deny you admission. Hardship factors can be health, financial, educational or emotional.
2. Who qualifies for a hardship waiver?
Hardship waivers apply to specific situations. You may qualify if you are the spouse, parent or minor child of a U.S. citizen or permanent resident and you can prove extreme hardship. Other relatives may also qualify in some cases. You must have a qualifying relative who is a U.S. citizen or permanent resident to apply.
3. What is the application process?
You need to file Form I-601 or I-601A with U.S. Citizenship and Immigration Services. You will need documentation such as tax returns, medical records and letters from employers or community members. An interview is sometimes required as well.
Immigration issues are emotional for families. Hardship waivers provide an important second chance for foreign nationals with U.S. citizen family members. With strong evidence of a hardship, many applicants gain permanent status despite past mistakes.]]>On Behalf of Law Office of Troy J. Mattes, P.C.https://www.immiglawus.com/?p=2564362024-01-12T22:04:56Z2024-01-12T22:04:56ZThe United States offers asylum to people who are concerned about facing persecution in their home country. Asylum allows someone to stay within the United States because they need protection. In fact, many people will enter the United States in an emergency, and then apply for asylum once they have arrived.
There’s a similar process called withholding of removal. How is this different than asylum and how might it be beneficial?
A short-term solution
One key difference is that withholding of removal isn’t permanent. The government can revoke the status in the future, if the situation changes. For instance, maybe a specific ethnic group stops being persecuted. The government could then send someone back to their home country, claiming they no longer need protection.
An option for some who can’t seek asylum
One of the benefits of withholding of removal – which is essentially just stating that the person won’t be deported because they could be persecuted at home – is that it may be granted to those who aren’t eligible for asylum.For example, an individual has a year to apply for asylum after entering the U.S. If they fail to do this, they lose eligibility to apply in the future. This can put them in a precarious position where they can’t use asylum but they still need protection, and withholding of removal may give them that protection on a short-term basis.Immigration laws are complex, and those who are working their way through the system certainly need to know about all of the different options they have and what steps to take.]]>On Behalf of Law Office of Troy J Mattes, P.C.https://www.immiglawus.com/?p=2564322024-01-02T12:51:05Z2024-01-02T12:51:05ZWhat is legal residency?
Obtaining a green card signifies legal permanent residency in the United States. The eligibility criteria are often based on family connections, employment, refugee/asylee status or other special programs. Applicants undergo a meticulous process, including background checks and interviews, to ensure compliance with immigration laws.
While green card holders enjoy many rights, such as the ability to work and live anywhere in the U.S., they do not have the right to vote in federal elections. This limitation is a crucial distinction from U.S. citizens.
In some cases, green card holders may initially receive conditional permanent residency, which requires further steps to remove conditions. This involves submitting additional documentation to prove the legitimacy of the marriage or investment that led to the green card.
What is U.S. citizenship?
Becoming a U.S. citizen involves a process called naturalization. Unlike obtaining a green card, which confers permanent residency, naturalization is a pathway to full U.S. Citizenship. Eligibility requirements include:
A minimum period of permanent residency
Good moral character
A demonstrated understanding of U.S. history and government
U.S. citizens enjoy a broader spectrum of rights compared to green card holders. These include the right to vote in all elections, run for public office and obtain a U.S. passport for international travel. However, this status also comes with responsibilities, such as paying taxes and potentially being called for jury duty.
Individuals need to be well-informed about these differences to make decisions aligned with their long-term aspirations. Whether aiming for permanent residency or full U.S. Citizenship, understanding the intricacies of each status is the key to a successful and legally compliant journey in the United States.]]>On Behalf of Law Office of Troy J Mattes, P.C.https://www.immiglawus.com/?p=2564302023-12-14T15:29:39Z2023-12-14T15:29:39ZThe immigration process under VAWA
One distinctive feature of VAWA is the self-petitioning process, allowing victims to file immigration petitions without relying on their abusive spouses. This empowers survivors to take control of their immigration status and break free from the cycle of abuse.
VAWA recognizes the sensitive nature of domestic violence cases. As such, stringent confidentiality measures are in place to safeguard victims. The process prioritizes the privacy of survivors, reducing the risk of retaliation from abusers.
The impact of VAWA on deportation proceedings
One of the most significant aspects of VAWA is its ability to halt deportation proceedings for eligible victims. This protection extends to both the principal victim and qualifying family members, offering a vital lifeline to those on the verge of forced separation.
Under VAWA, victims facing removal proceedings may be eligible for cancellation of removal. This discretionary relief allows immigration authorities to cancel the deportation order, providing victims with the opportunity to establish lawful permanent residence.
The Violence Against Women Act stands as a beacon of hope for immigrants facing the harrowing impact of domestic violence. By providing a pathway to legal status and protection against deportation, VAWA can empower survivors to rebuild their lives free from the shackles of abuse.]]>On Behalf of Law Office of Troy J Mattes, P.C.https://www.immiglawus.com/?p=2564282023-12-03T17:45:56Z2023-12-03T17:45:56ZThose at risk of persecution
Asylum is only an option for those who face persecution based on specific protected characteristics. According to the current policy upheld by the United States Citizenship and Immigration Services (USCIS), asylum is an option for only certain people. Immigrants might face persecution due to religion, political opinions, nationality, race or membership in a certain social group. Someone who can show widespread persecution in their country of origin based on one of those characteristics could potentially qualify for defensive asylum.
Those facing removal from the country
Some immigrants are at risk of removal from the United States because they have already attempted to qualify for affirmative asylum. Those slated for removal due to a failed affirmative asylum application could apply for defensive asylum. Others facing removal may qualify as well. Those taken into custody at a port of entry due to a lack of legal documentation or technical immigration violations may qualify. Those facing removal for criminal activity or other serious concerns are less likely to qualify for defensive asylum.
The defensive asylum process is often the final option for someone at risk of removal from the United States. Immigrants often require legal support as they prepare paperwork for asylum requests and when they attend hearings. Learning more about different asylum options may benefit those afraid of returning to their country of origin because of persecution.]]>On Behalf of Law Office of Troy J Mattes, P.C.https://www.immiglawus.com/?p=2564262023-12-03T01:31:37Z2023-12-03T01:31:37ZSome people come to the United States to flee catastrophic circumstances in their home country. This situation is troublesome but might lead to certain protections in this country.
One option that some people exercise when they come to the U.S. because they fear they’ll be persecuted in their home country is to file an application for asylum. This enables them to remain in the U.S. and begin to build a life here.
1. Must be physically present in the U.S.
An application for asylum can only be filed if the individual is physically present in the U.S. Applicants must file within one year of coming into the U.S. That’s a strict deadline that can’t be ignored.
2. Spouses and children can be included or added
People filing for asylum can include their spouse and children in their application. The child must be unmarried and under 21 years old. If they aren’t included in the initial application, they can be added anytime before the final determination about the application is made.
3. Employment authorization is possible
Earning a living is possible for people in the U.S. on an asylum basis. They must apply for an Employment Authorization Document at least 150 days after filing the asylum application. The EAD can’t be issued until another 30 days after the asylum application is filed. This makes the total wait time 180 days after the asylum application. Certain conditions are present for those who apply for asylum. Because the regulations are so complex, it’s best to work with someone familiar with these matters. ]]>