If documented immigrants are charged and convicted for even a minor crime, they could lose certain benefits and privileges, and if undocumented immigrants come into contact with the criminal justice system, they can face deportation. The legal team at U.S. Law Center explains how a motion to vacate can be a game changer in a criminal case, especially if you are a non-U.S. citizen living in the United States.
A CA motion to vacate is made by an individual after they have been tried and convicted of a crime in criminal court. This formal request is submitted, containing the legal reasoning for why the conviction should be looked at another time by the court. Filing a motion to vacate in California will also provide a more equitable solution to the current crime sentencing. This powerful tool can completely wipe a crime off of someone’s criminal record, appearing as if it never happened.
A motion to vacate can be a game-changer in an immigration case, dismissing previous convictions and giving individuals a chance to start anew. While the impact depends on the specifics of a case and the details surrounding it, a motion to vacate can have the following implications for an immigration case:
It’s important to note that even lawful permanent residents who are deeply rooted in the U.S. and have a career and family can face deportation if they are convicted of certain crimes or even make a mistake in their paperwork or miss a deadline. Therefore, it is key to have legal tools that can allow noncitizens to challenge the outcome of a case.
A motion to vacate is one of the many legal tools that can be leveraged by immigration lawyers to help defend a noncitizen’s rights and make sure that they get the fair proceedings and representation that they deserve.
A: “Vacated” in immigration court means that a previous decision and subsequent penalties that an immigration court makes are annulled or overturned. This can be particularly powerful for noncitizens in the United States who are convicted of a crime, and their sentencing results in negative consequences that severely impact their immigration status or even result in deportation or removal orders.
A: If you were facing criminal charges or a conviction and the case gets dismissed, this has clear implications for your immigration status. Any subsequent penalties that a noncitizen may have been facing or potentially facing as a result of their charges or conviction, including loss of immigration status or deportation or removal orders, can be dropped if a case is dismissed. If you believe that your case has grounds to be dismissed, an immigration lawyer can assist you.
A: If you are facing charges for crimes in criminal court and are a noncitizen of the United States, then a conviction can result in severe impacts on your immigration status or presence in the country. An experienced immigration lawyer can help you work towards protecting your interests, informing you of your rights, filing motions to get your charges dropped or reduced, and minimizing your time in detainment.
A: In the context of an immigration court in the United States, termination is when criminal proceedings against an individual are ended by an immigration judge and can have final outcomes. On the other hand, a dismissal can get a case temporarily or permanently closed and can be without or with prejudice. A knowledgeable immigration lawyer can help you contextualize this terminology for your case and, if relevant, work to leverage it on your behalf.
If you are a noncitizen in the U.S. facing criminal charges or proceedings in criminal court or immigration court, then you may be feeling anxious and worried about how this will impact your immigration status and your presence in the country.
Fortunately, an experienced and knowledgeable immigration attorney from U.S. Law Center can assist you with getting the legal support that you are entitled to, leveraging key tools to work towards getting your charges or sentence reduced or even dismissed. Contact us today to start fighting back against your case ruling.
]]>Having an experienced and knowledgeable immigration lawyer can make a key difference in the outcome of an individual’s immigration case. A good immigration lawyer can analyze case details and take into account the client’s goals and concerns to strategically create an optimal immigration plan. They can also defend a client in immigration court and work towards getting case charges and subsequent sentencing reduced or even dropped.
The legal team at U.S. Law Center has compiled these tips to help you find an Orange County immigration lawyer who is right for your case.
Whether you are facing deportation proceedings in immigration court or are looking to apply for an immigrant visa to come and live and work in Orange County, having the right immigration lawyer can help you reach your immigration-related goals. The following options can be pursued to carry out an adequate search for the right lawyer for you in Orange County.
Ultimately, it is advised to request to have a consultation with at least three lawyers so that you can be sure that you have weighed all of your options adequately. There are, however, exceptions, such as having time restraints. During the consultation, be forward about asking key questions, such as the rates and expected overall costs and examples of previous outcomes for similar cases to yours.
At the end of the day, it’s important to choose the lawyer that you believe to be the most industrious, trustworthy, and empathetic. You will want to work with a lawyer with whom you feel comfortable sharing intimate case details and who will cast a clever eye on your case details and build you an optimal strategy.
A: Having an immigration lawyer that is optimal for your case can be the difference that makes or breaks the overall outcome. You can start by asking trusted family members, friends, community members, and leaders about any immigration lawyers that have a strong reputation.
Also, carry out online searches using common search engines and local and state bar organization databases. Look for lawyers who have a track record of positive outcomes for cases that are similar to yours.
A: The amount that an immigration lawyer may charge is dependent on various factors, including the location of the firm, the years of experience the lawyer has, and the nature and complexity of your immigration case. Immigration lawyers may charge around $100 to $400 per hour and typically charge flat rates for filing applications or handling certain processes. It’s important to work with an immigration lawyer who is transparent about their fees and the total cost of services upfront.
A: While an immigration lawyer does not have the capability to pull strings within the government to get you a green card, they can help you correctly and efficiently pursue optimal legal avenues in order to work towards getting a green card. By helping ensure that you meet certain requirements, correctly fill out your application, and file with supporting evidence, you can be assured that there will be no unnecessary delays or rejections of your application.
A: Hiring an immigration lawyer to help support your immigration case can cost thousands of dollars from start to finish – an amount that many noncitizens do not have readily available in their bank accounts.
Therefore, there are non-profit organizations and legal clinics that can offer free services, and some immigration lawyers offer pro bono services in which they take on select cases free of charge or at a reduced rate. It’s important to note, though, that such services can have long wait times and may be difficult to access.
If you are facing immigration challenges in Orange County, then it is important to hire an experienced and knowledgeable immigration attorney who can help support your case. An Orange County immigration lawyer from U.S. Law Center can help address your concerns and questions and analyze your case details to come up with an optimal legal strategy that works for you.
Get in touch with our loyal team of immigration lawyers today to get started building and fighting for your future in the United States.
]]>A green card gives immigrants the status of lawful permanent resident, and those who are immediate relatives of U.S. citizens, including spouses, can apply for one. However, there are other, more indirect routes to lawful permanent residence available to those without family members who are citizens of the U.S.
Marriage is just one of the many pathways that one can follow to obtain an immigrant visa, pursue lawful permanent residence, and eventually seek naturalization. Other options include work-based visas, the visa lottery, and asylum or refugee visas, among others. Consider the following options that can be viably pursued by those seeking green cards:
It is important to note that not all immigration visas require a family or company sponsor in order to meet eligibility. There are various immigration pathways that can be sought, which do not require having a spouse who is a U.S. citizen or lawful permanent resident.
Whether you are already located in the U.S. and trying to adjust your immigration status or are trying to find a channel to travel into the country legally, a dedicated U.S. immigration lawyer can help you understand your options. Even pursuing options such as a non-immigrant visa can help you make connections that could likely lead you to obtain an immigrant visa in the future in order to secure long-term residency.
A: The U.S. diversity lottery offers a path to permanent residence in the United States and is offered to individuals who come from countries that have been historically underrepresented in the US immigration process. Fifty thousand visas, which are chosen completely at random, are offered annually, and there are usually between 13 million and 20 million applicants. You can increase your chances of winning by encouraging your spouse and children to apply as well if they are eligible.
A: The most common way to obtain a United States green card is by taking the family-based immigration pathway. However, one must be a close family member of a United States citizen or a lawful permanent resident, such as a spouse, child, parent, or sibling, to qualify for such a visa. It’s important to note that preference for processing the application is dependent on whether the sponsor is a U.S. citizen or lawful permanent resident and the particular family relationship that is held with them.
A: Certain immigrant visas can be applied for that allow applicants to sponsor themselves instead of having to find someone to sponsor them. Foreign investors who meet certain criteria and individuals who can demonstrate that they have exceptional abilities or skills in a particular field can sponsor themselves. Individuals who have been victims of criminal activities, as well as those granted refugee or asylum status, can apply for a green card without a sponsor.
A: The California Transparent Review of Unjust Transfers and Holds (TRUTH) Act was implemented in 2017 as a means to protect foreign nationals who were being detained by local law enforcement and transferred over to federal immigration authorities.
Under the TRUTH Act, local law enforcement is required to inform those who have been detained of their rights and give them access to an attorney. The TRUTH Act also establishes a committee that has oversight on enforcement of the act and provides feedback for implementation improvement.
Starting and building a life in the United States can come with many uncertainties for immigrants. Whether you are working on finding legal pathways to go to the United States or are already based in the area and would like to change your immigration status, our immigration lawyers at U.S. Law Center can assist you each step of the way. Contact our knowledgeable and deeply experienced immigration team to schedule your consultation.
]]>If your immigration case is underway and you have been detained by ICE, it is possible that you may be released. Many noncitizens detained by ICE can be released with certain criteria for reporting. If you are not eventually released, then it is critical to ask for a bond hearing.
The bond hearing takes place before a judge, and often, the immigration judge will have you released without bond or lower the bond amount. Without asking for a bond hearing, you will likely remain in detention. A lawyer could assist you in requesting one to ensure your rights are protected.
Individuals who are detained as part of their immigration case have the right to call a family member or an attorney. Furthermore, the detained person has the right to receive visitation from an attorney. Before facing any immigration hearing, the detainee also has the right to have a lawyer present to represent them. If you have been detained as part of your immigration process by ICE authorities, it is important to contact a knowledgeable and compassionate immigration lawyer.
If you have been arrested by ICE and are being detained as a noncitizen, then you have the right to a lawyer; however, the United States government is not required to hire one on your behalf. You can ask for a document that lists low-cost or free immigration attorneys who could potentially represent you and your case. If you are in the process of finding an immigration lawyer, request that the court grant you more time to hire one.
If you have been arrested by ICE and are facing a deportation order, then you have the right to a hearing before a judge to challenge the order. It’s critical to have a dedicated immigration attorney present and offering counsel before you agree to take “voluntary departure,” sign a “Stipulated Removal Order,” or waive your right to challenge your case in a hearing before an immigration judge. Taking the aforementioned actions will discredit your rights to an immigration hearing.
It’s important to speak with an immigration attorney if you are refused an immigration hearing. While certain authorities may tell you that you don’t have the right to a hearing before a judge, they could be misinformed about your particular situation and the exceptions that could apply.
If you are facing threats or fear of being tortured or persecuted in your country of origin, you should contact a lawyer as soon as possible and let an officer know because this can grant you additional rights in some cases.
A: If a noncitizen is detained by ICE, they could appear in court as part of the removal or deportation process. Before appearing in court or being deported, the noncitizen will likely be held in a detention center.
There are some instances when expedited removal takes place, and the foreign national is not given the chance to attend an immigration court hearing. If they come to the United States with forged or improper travel documents or don’t comply with travel document requirements, they can be deported under expedited removal.
A: Welcome Corps is an initiative introduced by the Biden administration in 2023 that allows groups of five or more adults to sponsor an already identified refugee for resettlement into the United States. Sponsors in the welcome corps must create and file a welcome plan, collect $2,375 for each refugee sponsored, go through and pass the background check process, and promise to devote a minimum of three months to supporting and including the refugee in American society.
A: Within the past five years, the top states to receive refugees in the United States were Texas, California, New York, Michigan, and Ohio. From 2012 to 2022, around 508,100 refugees were resettled in the United States, and the top five mentioned states received approximately one-third of that total number. However, it’s important to note that the top states can vary by year.
A: As of January 2024, the Dignity for Detained Immigrants Act of 2023 is a bill that was read by the Senate in April 2023.
Sponsored by Senator Cory Booker, this bill would hold the Department of Homeland Security (DHS) accountable for living conditions in facilities that are holding foreign nationals in custody, require periodic inspections, and phase out non-DHS buildings and infrastructure for holding foreign nationals. The bill would make it illegal for DHS to hold children in custody and get rid of the required detention of asylum seekers.
If you have been detained by ICE or are being threatened with deportation, you are likely in a position of fear and uncertainty. Whether you just arrived in the United States or have built a career and family that you cannot part from, there are options to pursue in order to defend your case and ensure that your rights are honored and protected.
A California immigration lawyer from U.S. Law Center can work with you to help you understand your rights in detention and fight to keep you in the country. Get in touch with our dedicated team today to get started.
]]>There are multiple factors that must be taken into account when pursuing legal status through employment in California, including the following:
While all these factors are important to consider when embarking on your employment-based immigration journey, it’s also important to understand the different types of employment-based green cards and their requirements, as that can most efficiently help you find the one that fits your needs.
If you are looking into getting an employment-based green card, or if you are currently going through the application process, then you may likely be feeling overwhelmed and confused. There are many kinds of employment-based green cards, and the application process for all of them is different, based on their requirements and timelines.
An EB-1 green card is for priority workers, and the following individuals may be eligible for receiving such a residence permit:
To obtain an EB-1 green card, you do not need to have received an offer from a company or organization that is willing to sponsor you. The advantage of such an employment-based green card is that you can self-petition for it.
An EB-2 employment-based green card, however, requires the sponsorship of a U.S.-based organization or company. The following individuals may be eligible for receiving an EB-2 green card:
Individuals who qualify for an EB-2 green card are generally known as professionals who have exceptional abilities or advanced degrees. Physicians who have a special waiver can also apply to work in rural or underserved areas in the United States under an EB-2 green card.
An EB-3 visa is for certain skilled, unskilled, and professional workers who require an employer sponsorship. To apply for this type of work-related green card, the company must go through a labor certificate PERM process. Eligible workers include those who have at least 2 years of relevant experience, those who have less than 2 years of relevant experience, and those who hold a bachelor’s degree.
Special workers, such as professionals in religion or media, as well as Iraq and Afghanistan nationals who served the U.S. government, may be eligible for an EB-4 visa. Additional special workers who may qualify include certain kinds of employees or retirees, along with their close relatives.
The EB-5 green card is suitable for investors who have plans to invest at least one million dollars into the country or $500,000 into underserved or underdeveloped areas. The money must be invested into creating a U.S.-based business that will create at least 10 new employees.
A: If you are an individual, family, or business facing immigration-related issues in California, then it is advisable to work with an immigration lawyer. They can analyze the details of your case and determine which avenue is most optimal for you to achieve your immigration goals. They can also help you avoid any minor mistakes or disqualifications that could delay or jeopardize your entire application.
A: If you are a foreign national hoping to work in California, then you will first need to obtain a work-related visa to enter the country. The visa will be allotted for a certain period of time. Based on your eligible criteria, you may be able to apply for a green card to obtain lawful permanent resident status.
A: If your employer files a Form I-140, which is a petition to modify your legal status with the USCIS, then the processing can take anywhere from 5 to 8 months. However, if there are any issues with your application, or there is a request for additional evidence, then your processing may take anywhere from 3 to 6 months longer.
A: Not every type of employment-based green card in the United States requires a sponsorship. For example, the EB-1 application requires you to show that you have particular skills that make you outstanding in your field of work, and it can be applied for through self-petitioning. If you are unsure whether your application requires sponsorship or not, and how to obtain it, then it is advised to work with an experienced immigration lawyer.
At US Law Center, our immigration law firm understands the complexity and uncertainty that can come with immigrating to the United States for employment reasons, whether you are alone or with your family. Businesses looking to hire foreign talent can also face legal challenges. The immigration law team at our California-based firm is here to support hardworking individuals who are pursuing the American dream. Get in touch with an immigration attorney from our team today to get started.
]]>A: Yes, it is recommended that you bring your immigration attorney to your interview if you can. This is especially true if there are specific concerns that you have about your case. This allows your attorney to address these issues and give an opinion on them in real time.
While it is not mandatory, it could be a really beneficial idea to clarify any legal issues that could arise during the interview. This can provide the client with peace and relief, reducing any anxiety that typically arises from not knowing what type of questions will be asked.
A: The most compelling evidence will depend on what type of green card you are applying for. For marriage-based green cards, having photographs, joint bank statements, or any joint mortgage agreements can help demonstrate that the relationship is genuine and has been going on for an extended period of time.
If the green card is for employment, it will be helpful to show a job offer letter, employment contract, and any letters of recommendation from people you have worked with. Work with your attorney to ensure that all evidence is well-organized, recent, and relevant to your case.
A: Never lie or provide any misleading information. Honestly is crucial, and breaking your reputation of honesty, even once, can result in damaging repercussions that are hard to forget.
Another suggestion is to avoid showing up late. Punctuality is a positive trait and demonstrates how seriously you are taking the process.
Finally, avoid arguing or trying to appear confrontational with the interviewer. Maintain full respect and professionalism the entire time to keep the process running smoothly and avoid jeopardizing any aspect of your case.
A: While there is technically no dress code requirement, it is advised that you treat the interview as you would for a potential job by dressing professionally. Try to avoid any overly casual attire like shorts and flip-flops. While you shouldn’t feel required to dress overly formal, like a professional business suit, opting for a business casual look can help illustrate your seriousness. Generally, your attire should communicate respect for the immigration process and the officials who are involved in making your request official.
If you are seeking immigration services before an interview for a green card, contact the experienced immigration law attorneys at U.S. Law Center today. Our reputable law firm has been supporting immigrants for years in this process, and we have the full legal authority needed to represent you before, during, and after your green card interview. We look forward to learning more about your case and how we can help.
]]>Understanding the key differences between immigration lawyers and consultants can help you make a more informed decision about which of these professionals can most effectively help you.
These legal professionals have undergone rigorous legal training to earn their Juris Doctor degree from an accredited law school. It’s tangible evidence of their qualification to understand and interpret the law.
After their formal education, these individuals must successfully pass the bar exam in California to practice law in the state. Once they receive this certification, they officially have the authority to represent clients in the courtroom to ensure that their rights and interests are safe.
The scope of work for these types of professionals includes visa applications, citizenship and asylum requests, and defending clients in deportation cases. With their extensive training and knowledge in this space, immigration lawyers are trusted to stay on top of ever-changing immigration laws and regulations. This can assure their clients that they are operating under the most recent laws of the land.
An immigration consultant is someone who has a more administrative role in legal immigration matters, rather than practicing law. Because these individuals do not have the education or certification legally required to interpret immigration law, it is illegal for them to give any type of formal legal advice. Instead, these individuals assist with:
Their function is purely transactional, which can offer a ton of value to the process. However, they should not be mistaken as someone who can double as an immigration attorney.
The key differences between these two professionals relate to their ethics and regulatory oversight.
An immigration lawyer is bound to professional ethics and different accountability structures from the state bar. If there are any proven instances of misconduct or malpractice, it will result in severe penalties that could eventually end up removing someone’s license to practice law.
For immigration consultants, they are not under this same level of scrutiny. There is no regulatory body governing their conduct. Because of this, many immigrants have unfortunately fallen victim to people who unethically present themselves as consultants. This has caused people to take misleading advice or pay extra for unnecessary services.
While both professionals can add value to the immigration process, start with an initial consultation with an immigration attorney. Share the details of what you need, and see how much they are able to handle. They can tell if you need an immigration consultant and how the two could work together, if necessary, to boost your chances of building a successful immigration case.
A: Legitimate immigration consultants should be able to show that they are registered with the Secretary of State in California and have obtained a valid business license. You will want to ask for this information before hiring them for any services, even the most minor of requests.
Once you have validated their credentials, obtain a written contract with details on their services. If there is any indication in this contract that they want to offer legal advice, it is a strong indicator that they are acting in bad faith. Immigration consultants do not have the authority to offer legal advice, and a legitimate consultant knows this.
A: Some people find that seeking referrals from their friends or family who have had success with an immigration consultant is the surest way to find a good consultant. If there is no one in your social circle who has leveraged these types of services, checking out online reviews and testimonials can be an effective alternative option.
Once that is complete, ensure that they are registered to offer services in California and then schedule a face-to-face meeting to inquire for more information. Always trust your instincts; if something seems off, report your suspicions to ensure that you are contracting legal work that offers value to your immigration case.
A: If you feel that your needs are strictly administrative, such as help filling out paperwork, then you are welcome to only hire an immigration consultant. While it may seem like a cost-effective choice, not having official legal counsel could jeopardize your case.
For example, your request could be delayed or denied due to an oversight that you made independently, but someone with legal training would have been able to catch it. In general, it is advised that you either work with both professionals or just an attorney.
A: No, immigration consultants do not have any legal authority to represent someone physically in court or anywhere in a legal proceeding. Any consultant who claims to have this ability is not being genuine about what they can legally offer.
The only professional who can represent you in court is a licensed immigration attorney. They have the necessary education, training, and experience to do so. They are also held accountable by governing bodies, ensuring that they can be held accountable if there are any ethical violations. This helps maximize the odds of a client receiving quality legal services that they can depend on in Los Angeles.
If you are seeking immigration services, contact the experienced immigration law attorneys at U.S. Law Center today. Our reputable law firm has been supporting immigrants for years, and we have the full legal authority needed to represent you throughout your legal proceedings.
]]>A California immigration lawyer is expected to understand the nuances of both federal immigration laws and all specific regulations that only apply to California. They are required to stay on top of any modifications to these as well. This ensures that they can offer their clients relevant guidance to maximize their success. Some of the most valuable ways that an attorney can help you include:
Understanding the laws is one thing, but being able to creatively weave their nuances into a formidable legal strategy is what makes having an attorney on your team indispensable. Whether they are determining your eligibility for a certain visa request, deciding on an appropriate route for permanent residency, or understanding the implications of a new immigration policy on your situation, a knowledgeable attorney is always making informed, strategic decisions for their clients.
The immigration process has a reputation for its rigorous paperwork and documentation requirements. It’s a safety function of the process to ensure that each individual is fully vetted and that their identity is validated. Having an attorney can help you make sure that every form is filled out accurately and meets the proper deadlines. Any mistakes in this area can significantly delay the progress of your case.
If there is a need for a court appearance, such as in deportation or removal proceedings, having an immigration lawyer in the courtroom is key to maximizing the odds of a successful defense.
Prior to court, they spend time collecting evidence and devising a defense strategy. This can protect their clients from any unlawful attempts to jeopardize their immigration requests. They can present this to everyone in court in the most compelling manner possible and be ready to handle any objections or engage in negotiation if necessary. These skill sets are only found in immigration attorneys after they refine their capabilities throughout numerous cases in their professional history.
Family reunification is at the heart of many immigration cases. A California immigration lawyer can be instrumental in making this happen. They can help U.S. residents and citizens bring in their families from abroad who want to be a permanent resident of the same country.
This includes petitioning for family members of all relationship statuses to be U.S. citizens. Your attorney can also provide clarity on what requirements are needed within each relationship category, such as differences between a spouse, child, or sibling. They can ensure that clients are prepared for interviews and understand their rights as much as possible, which can help boost their chances of achieving a new life in America.
A: Because there are a ton of different obstacles that a client of an immigration lawyer could be facing, their goals vary based on need. Generally, an immigration lawyer exists to guide families and businesses through the nuances of immigration laws and procedures.
Chiefly, they are tasked with making sure that their clients’ rights are protected. An immigration attorney can devise creative legal strategies to help achieve the outcome that their client is seeking. This includes assisting with visa applications, permanent residency requests, deportation defense, and the process of becoming an official U.S. citizen.
Their aim is to simplify these legal matters as much as possible while increasing the likelihood of success for their clients.
A: There are a ton of different variables that affect how much an immigration lawyer will ultimately cost, including:
If the attorney charges hourly, one could expect to pay anywhere from $150 to $500 per hour of work. The attorney could also charge flat fees, such as $1,000 to help with a green card request, regardless of how many hours it takes them to complete the job.
A: During an initial consultation, an attorney will want to understand your case as well as you do. They will ask specific questions about your goals and what challenges you have already been facing. Once they have this information, they can provide a preliminary plan for the process ahead and explain how their plan can boost your chances for success.
They will also discuss costs at this stage to ensure that their prices and payment structures are something you are comfortable with. This is also an excellent opportunity to ask any questions you have, assess their responses, and see if you feel confident that they are the right individual to meet your needs.
A: While everyone has the right to represent themselves, it is often not recommended. People sometimes think that this is a shortcut and an opportunity to save money. However, many quickly realize that not having an attorney to prevent mistakes from happening causes more harm to their situation than spending money on their services.
Even the simplest of mistakes can have a profound effect on the speed and outcome of your case. Such errors are easy to make for someone who does not have any professional training in these laws. If you are worried about costs, consult with an immigration attorney to share your concerns and see what options may exist to lessen the burden.
If you are seeking immigration services, contact the experienced immigration law attorneys at U.S. Law Center today. Our reputable law firm has been supporting immigrants for years, and we would be honored to take on your case and be a member of your team.
]]>An adjustment of status refers to the specific procedure that allows certain undocumented immigrants who are already in the United States to apply for permanent residency. Rather than having to return to their home country to complete the visa processing, this enables them to adjust their status while staying in the U.S.
There are different factors that will influence how long it takes someone to officially adjust their status. These include:
In general, it will take 1-3 months to receive an acknowledgment that your application has been received and reviewed. After this, the next 2-6 months will be spent collecting biometric details, such as fingerprints and photos, to validate your identity. After this, it could take anywhere from 8 to 14 more months to be invited to your interview and then wait for an official decision on your application.
These are the basic timelines to expect in 2024, but they can change based on the specifics of your case. Working with an adjustment of status lawyer can help set your expectations on how long your case will take. They can also help you explore methods that can expedite the process.
To be eligible for an adjustment of status, you must be eligible to receive a green card in these areas:
A: There has been a 35% increase in the adjustment of status fee since the previous year, putting the total cost at $1,540 for most adult applicants. There are scenarios where this fee may be reduced, such as when the applicant is a child under the age of 14 or a senior over the age of 79.
The fee has been known to change annually, and there are other costs associated with this process as well. Consulting with an adjustment of status lawyer can give you access to the most current and accurate fee details. They can also provide support throughout your application.
A: There are a few different reasons why these types of applications could be denied. First, it may be determined that the individual has not reached all the criteria needed for acceptance. This could include:
Incomplete applications will also be denied, even if just one minor detail is overlooked. To avoid these problems, it’s highly advised that you connect with an attorney who can oversee this entire process on your behalf.
A: Not all applicants for an adjustment of status are required to attend a formal interview. Typically, these types of interviews are only mandated for family-based adjustments or in some employment cases. The purpose of these interviews is to verify the authenticity of an applicant’s relationship or employment claim.
If there is any cause for concern, there may be a reason to dismiss the request. However, the USCIS has full discretion to waive the interview for certain applicants if there is sufficient evidence to grant the request.
A: Yes, there are some pathways for F-1 students to request a green card for permanent residency in the United States. For example, one common path is when someone with an F-1 student visa decides to marry a U.S. citizen. This potential also exists when an employer is willing to sponsor a green card in exchange for the individual’s employment.
It’s important to note that F-1 students must be careful to maintain their status until the adjustment request has been officially approved. An immigration lawyer can review the details of your current status to ensure that nothing changes until a final decision has been reached.
If you are seeking an adjustment of status in the United States, contact the experienced immigration law attorneys at U.S. Law Center today. Our reputable law firm has been supporting immigrants throughout their entire journey to citizenship, especially when adjustments are needed to their current immigrant status. Allow us to be on your team and secure the support you need to stay in the country.
]]>In order to become a U.S. citizen, the naturalization process requires the following through the U.S. Citizenship and Immigration Services (USCIS):
The N-400 form costs $640 to file. Additionally, there is an $85 fee for biometrics, or fingerprinting. The naturalization process totals $725, although not every applicant is required to pay for and complete biometrics. There are also ways that fees can be reduced or waived.
There are some individuals who do not have to apply for a waiver or reduction of fees. These are:
If you are unable to afford the fees for citizenship, you can request the fee to be reduced or waived.
To request a fee reduction, you can file Form I-942 with supporting documentation. This form must be filed at the same time as the N-400, not after. To qualify for a reduced fee, your household income must be between 150% and 200% of the federal poverty guidelines. If approved, the N-400 form cost will be reduced by 50%. It will total $320 for those who don’t have to pay the biometrics fee and $405 for those who do.
To request a fee waiver, you must file a Form I-912. To qualify for a waived fee, you must show the USCIS documentation and proof of financial need for the waiver. You can qualify for one of the following reasons:
If you are approved for the fee waiver, you do not have to pay the naturalization fees.
When you submit the Form N-400 through the USCIS’s online site, you can pay the fee through the same site.
If you are submitting a paper application, the fee must be sent in one of the following ways:
A check must be made payable to the U.S. Department of Homeland Security. These fees are non-refundable, regardless of the decision the agency makes on your application.
A: The fee for the naturalization application and process totals $725. The application process is $640, and biometrics services are $85. For some individuals, the biometrics service is not required. For individuals who are expecting a complex immigration process or who want to use all the resources they can to succeed, they can work with an immigration attorney. An attorney can protect an individual’s rights during the application and naturalization process. However, this does make the process of becoming a citizen more expensive.
A: The process of applying for citizenship, having it processed, and completing the naturalization steps and citizenship tests can take anywhere from eight months to two years. You can only apply for citizenship after a certain amount of time with a green card. For military members, this is one year; for those who married U.S. citizens, this is three years. Others must hold their green card for five years before they can apply for citizenship. Obtaining a green card is also a lengthy process.
A: A green card is a lawful permanent resident card that allows an individual to be a permanent resident of the U.S. to live and work. A green card may be employment-based, family-based, obtained through refugee status, or based on another eligible reason. For most green cards, there isn’t an amount of time you must live in the U.S. prior to obtaining a green card. However, once you have a green card, absences from the country longer than a year may rescind your permanent resident card.
A: There is a fee waiver process for the fee required for a U.S. citizenship application. The fee waiver is submitted to the U.S. Citizenship and Immigration Services (USCIS) along with supporting documentation. This documentation shows that you are experiencing financial hardship and are unable to pay the necessary fee. This proof may show that you or your spouse receive government benefits, that your household income is at 150% of federal poverty guidelines or below, or there is another current financial hardship.
At U.S. Law Center, we are familiar with the intricacies of immigration law in California. We can help you prepare and file for citizenship and can help determine your eligibility. If you are hoping to become a U.S. citizen in the future but must first apply for another residency status, we can talk you through your options. There are several paths to citizenship, and we can help determine which meets your needs and which you qualify for. If you are dealing with other immigration issues, including green card applications, residency status changes, or deportation proceedings, we can help. Contact U.S. Law Center for compassionate and experienced legal support.
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