visaroot's blog

This past weekend, I participated in a wonderful pro bono legal clinic organized specifically with the Haitian immigrant community in mind. The NYC Mayor’s Office of Immigrant Affairs, the Legal Aid Society, the City University of New York’s Citizenship Now Project and many other organizations came together to help the Haitian community with Temporary Protected Status.The new temporary protected status (TPS) for Haitians allows undocumented immigrants who were here on or before the earthquake hit to live and work here. The event was very well organized and had quality checks in place every step of the way. Over 300 volunteers came together to assist over 400 applicants. On arrival, the applicants were required to fill out a registration form and received a packet containing everything they would need to complete their application. As for the event itself, the organizers had stations set up for screening, special review, photographs, fee waiver assistance and application assistance. The community really came together to help each other out. There is a real need to help the Haitian community and we have a duty to help in any way that we can.

Immigrant communities are very vulnerable to individuals and organizations that engage in unauthorized practice of law. Individuals and organizations that make false promises of U.S. citizenship and work authorization prey on unsuspecting immigrants and most often leave the immigrant in a worse position. Recently, New York Attorney General Andrew Cuomo sued two immigration service organizations for defrauding immigrants with false promises of citizenship, engaging in unauthorized practice of law, and illegally charging high fees for services. The lawsuits were filed against two organizations operating out of New York City. It is important for every immigrant to understand that only a licensed U.S. Visa Lawyer or an accredited organization in the field of immigration and visas is allowed to represent them for immigration purposes. Notarios and consultants are not attorneys and therefore cannot legally represent you in the immigration process. Immigration law falls into the purview of federal law and therefore only a license from one U.S. state is required to serve as an immigration or visa lawyer. In order to obtain a license to practice law, a candidate is required, among other things, to take a licensing exam. U.S. visa lawyers receive the requisite legal training during law school and have resources available to them that a lay person would not. Therefore, when speaking to a U.S. Visa Lawyer or an immigration lawyer, make sure to ask them where they are licensed to practice. You may even ask them for their bar identification number. Some law firms even have copies of their attorney licenses available for public viewing on their website. In the end, retaining a licensed U.S. visa lawyer will ensure that you have the best legal representation possible and protect you from falling victim to fraudulent schemes.

Visa Lawyer Group has immigration and visa lawyers approved by the state of New York to practice law and represent clients in immigration cases. Our visa lawyers have extensive experience in all visa types and immigration cases. You can chat online with one of our immigration lawyers by clicking on the chat button in the bottom corner of the screen. You can also contact us at info@visalawyergroup.com or (845) 353-3500. Visa Lawyer Group has offices in New York. Our immigration and visa lawyers can be found in Nyack, New York and Manhattan, New York City offices.

My Marriage Fell Apart, What is Going to Happen to Me?

Marriage is a union between two individuals. It is a promise made between two people to take care of each other until their dying breath. Marriage works in theory but the reality of the situation is that sometimes what started out as a genuine affection turns into something else. The truth is that sometimes marriages just don’t work out. In normal circumstances when a marriage falls apart, the couples file for divorce and go their separate ways. But what happens if one of the spouses is a conditional green card holder? This area of immigration law is very complex and shaped by case law on a regular basis which is why an immigration or visa lawyer may be necessary.

Ideally, if you received a green card through marriage to a United States Citizen and the marriage was less than two years old at the time of filing then certain conditions will apply. First of all, the foreign national applicant will only receive a two year conditional green card at the end of which the green card would expire. This condition was created to weed out marriage fraud. The theory behind it was that if your marriage is genuine it will last for the entire two years and if it was not the marriage would fail. Secondly, any foreign national who holds a conditional green card is required to file a joint petition to remove the conditions within 90 days of the two year marriage anniversary. If the couple is together, the joint application is submitted along with supporting documentation and it is normally approved based solely on the submitted paperwork.

Although many couples file joint petitions, sometimes the marriages that were genuine at first fall apart within two years. U.S. immigration policy makers understand that sometimes thing happen and have allowed foreign nationals file for removal of conditions on their own. The immigration system has adjudicated and approved many cases where the marriages were entered into in good faith but due to some circumstances they did not last. If a joint petition is not possible due to death, divorce or separation, the foreign national can file for a waiver of the requirement to file a joint petition to remove conditions. The foreign national has to prove that although the marriage was entered into in good faith it has now ended. Timing is very important when it comes to removal of condition cases. When you file is just as important as what you file.

Foreign nationals who will need to file a waiver of the joint petition requirement should speak to an experienced U.S. visa lawyer. A qualified immigration attorney will sit down with you and discuss all of your options. Misunderstanding the timing and procedures involved can lead to the denial of your application and the initiation of removal proceedings against you. Please remember that policy and case law in this area of immigration law is constantly changing so having an attorney in your corner can be very helpful.

Visa Lawyer Group provides individuals with expertise in immigration and visa laws. Our immigration and U.S. visa lawyers will help you process your I-751 Removal of Conditions so that you can stay in the U.S. even if your marriage did not work out. You can contact us at (845)-353-3500 or info@visalawyergroup.com. You can also schedule a free consulation or chat online with one of our lawyers by clicking on the chat button in the corner of the screen. Visa Lawyer Group has offices in New York so please visit our immigration and visa lawyers in our Nyack, New York and Manhattan, New York City offices.

The registration period for temporary protected status (TPS) opened up on January 21, 2010 and will remain open until July 20, 2010. This designation only applies to Haitian nationals who were present in the United States on January 12, 2010. It is very important to note that temporary protected status will not apply to individuals who arrive in the United States after January 12, 2010. The TPS for Haitians designation went into effect on January 21, 2010 and will remain in effect until July 22, 2011. Haitian nationals who qualify for such protection should take advantage of the TPS designation. Additionally, if a Haitian national is in the United States on a valid visa, then he/she should also apply for an extension or change of status along with temporary protected status (TPS). For example, Haitian nationals on a valid B-1/B-2 visa who are unable to return home should apply for a six month extension of their visitor’s visa. The Department of Homeland Security has advised its immigration officers to exercise discretion when adjudicating a visa application where the applicant is a Haitian national. Therefore, it is important to contact a qualified U.S. visa lawyer to discuss all of your options. It is very possible that as a Haitian national in the United States, you may qualify for more than one immigration benefit.

If you would like to contact Visa Lawyer Group for more information or if you have any questions, please do so at 845-353-3500 or you can email us at info@visalawyergroup.com. Our website also offers an online chat feature where you can discuss your case and ask questions to one of our qualified and experienced Visa Lawyers. Simply click on the chat button at the bottom corner of your screen!

We also have additional information regarding TPS for Haitians here.

Visa Lawyer Group offers online services for those that are out of the New York area and in other countries. Visa Lawyer Group has offices in Nyack, New York and Manhattan, New York City.

Making a case for your I-130 Marriage Based Visa and K1 Fiance Visa application

Every marriage based or fiancé(e) based visa application requires the visa applicant to prove the bona fides of the relationship. Every I-130 marriage based application requires that the petitioner and beneficiary prove to USCIS that their marriage is a bona fide one and every K1 Fiancé(e) visa application also requires the U.S. citizen petitioner to prove the bona fides of their relationship. What exactly are the bona fides of a relationship and how do you prove it? In Latin, bona fides literally means good faith and the online Merriam Webster’s Dictionary defines it as the fact of being genuine. In immigration proceedings, the burden of proof is on the petitioning United States citizen and his/her spouse or fiancé(e) to prove that their relationship is genuine. A large percentage of immigrant and non immigrant petitions are initially approved based on the paperwork that is submitted to USCIS. Therefore it is extremely important to include documentation of a valid relationship.

For a marriage based petition including a copy of your valid marriage certificate usually suffices. But including documentation that shows proof of marriage is always helpful. This can be anything from copies of your wedding invitation, receipts from the caterer, and photographs of the wedding to evidence of a joint checking or savings account. A letter from both spouses documenting the relationship leading up to the marriage can also be included.

While a marriage certificate can suffice as evidence in an I-130 immigrant visa application, same cannot be said about a K1 fiancé(e) visa application. In order for a K1 fiance(e) visa application to be approved, immigration officers rely heavily on the documentation that is submitted supporting the petition. For example, a letter of intent to marry from both the United States citizen and the foreign national fiancé should always be included. For proof of relationship be sure to include any evidence that proves the length and strength of the relationship. This proof can include copies of telephone bills showing phone calls back and forth, copies of emails between each other, receipt of engagement ring (if available) and documents showing preparations for a wedding in the United States. Use your imagination and be creative with the evidence your submit. Packaging a petition, marriage or fiancé(e), should be done very carefully because a small mistake can cause undue delay or even an outright rejection.