A fiancee visa is an immigrant visa which allows an overseas fiance to enter the U.S. for purposes of applying for a greencard. The K-1 is the traditional fiance visas for unmarried parties who wish to marry inside the U.S. In addition to needing to document the relationship, the parties must have seen each other during the previous two years. Same sex couples may apply for a fiance visa.
The K-3 is for persons married overseas who wish for the foreign national to enter the U.S. to apply for a greencard here. Just as with a K-1 visa, the parties must document the relationship and have seen each other during the previous two years. Same sex couples may apply for this visa as long as same sex marriages are valid in the home country.
Consular processing refers to obtaining an immigrant visa at a consulate or embassy in a country other than the United States. Consular processing is available for persons who are the beneficiaries of an approved employment based (PERM, EB-1, EB-5, NIW), family based immigrant visa petition (I-129F or I-130), or who have an approved refugee application. An advantage to consular processing is that it is often quicker than adjusting status in the U.S. The attorneys at Viles Law Firm can help you determine whether consular processing or stateside adjustment of status is quicker. Unfortunately, consular decisions do not have the same process of review as adjustment decisions, and the consulates typically do not allow an attorney to be present for your interview.
Adjustment of Status refers to the process of obtaining your immigrant visa in the U.S. at a USCIS office. Adjustment applicants must have entered the U.S. legally, have been inspected, admitted or paroled, and be in the U.S. in legal status. Exceptions exist for VAWA and asylum applicants.
The adjustment application is Form I-485. Submitting an adjustment application has three benefits: you can apply for advanced parole to travel outside the United State while the application is pending as long as you have no periods of illegal presence greater than 180 days; you can file for a work permit; and you no longer have to maintain the legal status you were in prior to submitting the adjustment application.
Errors on your forms or in documentation can lead to the denial of your greencard application and your placement in removal proceedings. RWe know the mistakes that officers are looking for, and we know when your documentation is not telling the correct story. Don't let mistakes and oversights lead to your removal. Rely on our greencard management services to be sure you present your forms and documentation correctly. When your marriage is not working out, we can help you apply for greencard application on your own. When it's time for the I-751, we can help you with or without your spouse's cooperation.
The I-601 or Hardship Waiver allows for a greencard applicant to overcome or get an exception to a ground of inadmissibility. The waivers are for persons with criminal convictions, persons who overstayed their visa and/or entered illegally, or for persons who committed fraud on a visa application by having made a misrepresentation.
The greencard applicant must show that he or she has a qualifying family member who would suffer extreme hardship if the waiver application is not granted. The type of qualifying relative depends on the reason the applicant needs a waiver. A Viles Law Firm attorney can help you identify whether you have a qualifying relative for your particular situation.
Extreme hardship refers to a hardship which is worse for the applicant’s family than hardship is a case of regular family separation. At Viles Law Firm, we have the experience to identify your hardship and to explain it to the immigration service.
Viles Law Firm is fully committed to the fair treatment of all persons before the consulates, courts, and immigration system regardless of sexual orientation. Not only do we welcome same sex couples into our family of clients, we also expect USCIS to treat same sex couples no differently than any other couple. Same sex marriage immigration should be no different. We have helped many same sex persons in both a full range of marriage issues and asylum. Our marriage issues have included greencard applications, I-751 applications, and even VAWA (emotional, financial, and/or physical abuse) based greencards. We do not believe that same sex couples should stay in an abusive relationship any more than different sex couples. We have successfully helped persons in same sex marriages navigate both divorce and VAWA. Likewise, we are experienced in the preparation of asylum claims and have assisted LGBT persons obtain political asylum in the U.S. based on their sexual orientation.
The U.S. Supreme Court issued a decision on June 26, 2013 which struck down as unconstitutional the part o the Defense of Marriage Act (“DOMA”) which prevented same sex marriage. The Board of Immigration Appeals quickly followed by issuing a decision confirming that same sex marriage was on equal footing with mixed sex marriages – that, as long as the marriage was valid where celebrated, the marriage was valid for purposes of U.S. immigration benefits.
In June 26, 2013, the U.S. Supreme Court issued a landmark decision in which it found a portion of the Defense of Marriage Act (“DOMA”) unconstitutional. Less than a month after the Supreme Court’s ruling, the Board of Immigration Appeals issued a liberatingl decision in which it confirmed that same-sex marriage licenses must be recognized for purposes of U.S. immigration law so long as the marriage was valid under the law where the marriage was celebrated.
The Violence Against Women Act (VAWA) allows for a person, who suffered physical and/or mental abuse at the hands of a U.S. citizen or permanent resident spouse, to obtain a greencard. The meaning of "abuse" under the VAWA Act for an attorney and USCIS is different from what most people think of as abuse. If your spouse is unwilling to help you get your conditional permanent residence (2 year greencard) or your legal permanent residence (10 year) greencard, you should speak with an experienced immigration lawyer to see whether your relationship was abusive according the USCIS understanding of "abusive." VAWA self petitions restore control to your life because you are filing your immigrant visa petition on your own. If you are already in removal proceedings, you can use VAWA cancellation of removal as a defense against removal. VAAWA protects both men and women. Our firm has successfully filed many LGBT VAWA greencard cases. If you have already filed your VAWA I-360 application on your own and have received a USCIS Request for Evidence, we can help. An RFE means USCIS did not understand something in your case materials or presentation. The RFE response time is limited, and USCIS offers no extensions. Failure to respond to a USCIS RFE both in time and appropriately will result in denial of your case.