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Most family-based visa petitions are initiated when the sponsoring relative files an immigrant visa petition, also known as a Form I-130, with the appropriate Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) Service Center or U.S. Consulate abroad. The date of receipt of this petition by USCIS establishes the “priority date,” or place in line for an immigrant visa.
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Processing times for these petitions vary from several months or much longer depending on visa availability.  When a petition is approved, and the “priority date” becomes current (i.e. after any applicable waiting line has passed), the sponsored individual may apply for an immigrant visa or, where eligible, apply for adjustment of status to obtain lawful permanent residence in the United States.
An immigrant visa permits the individual to become a legal permanent resident (“green card” holder) after admission to the United States with the immigrant visa. Additionally, an individual must otherwise be eligible to obtain lawful permanent resident status in the United States or be eligible for a waiver of inadmissibility.  An individual’s admissibility will be thoroughly assessed before a visa petition is filed by MORALES IMMIGRATION LAW.

DEFERRED ACTION (DACA) GUIDELINES FOR THE EXERCISE OF PROSECUTORIAL DISCRETION
 

On June 15, 2012, Janet Napolitano, the Secretary of Homeland Security, in the exercise of prosecutorial discretion,  set forth a framework that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

The memorandum states that the Department of Homeland Security (DHS) should exercise prosecutorial discretion in the  enforcement of the nations immigration laws against certain young people who were brought to this country as children and  know only this country as home. As a general matter, these individuals lacked the intent to violate the law.
 

DEFERRED ACTION GUIDELINE CONDITIONS
 

1. Were under the age of 31 as of June 15, 2012.

2. Came to the United States before reaching your 16th birthday.

3. Have continuously resided in the United States since June 15, 2007, up to the present time.

4. Physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS.

5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012.

6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.

7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
    

CONSIDERATION FOR DEFERRED ACTION PROCESS
 

Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order.
 

To begin the filing process start collecting suppporting documents for your request for consideration of deferred action for childhood arrivals. Next, contact the experienced deferred action attorney’s at MORALES IMMIGRATION LAW who will discuss your particular situation and complete Form I-821D, Consideration of Deferred Action for Childhood Arrivals on your behalf.

The United States is a top destination for immigrants from countries around the world, and one route for gaining lawful residence here is through asylum. U.S. Citizenship and Immigration Services (USCIS) grants asylum to tens of thousands of people every year who can prove that they either have suffered persecution or  have well founded fear of future persecution if they are made to return to their country of origin. Grounds for asylum include persecution based on religion, race, political views, nationality and membership of a particular social group. It is necessary to file for asylum within one year of arrival in this country. ( Unless an exception to the one year bar applies. ) MORALES IMMIGRATION LAW represents clients with their asylum applications before the asylum office and/or the immigration court

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A fiancé visa allows foreigners to enter the United States for the purpose of entering into a bona fide marriage with a United States citizen and subsequently obtain lawful permanent residency. A K-1 or fiancé visa is needed to bring a fiancé to the United States to marry.
 

FIANCÉ VISA REQUIREMENTS
 

United States Citizenship and Immigration Services (USCIS) processes and approves K-1 marriage visa petitions based on certain eligibility requirements listed below:

1. Proof of U.S. citizenship for the person bringing the fiancé to the United States (birth certificate or certificate of naturalization)

2. Proof that an in-person meeting occurred with the fiancé during the previous two years.

3. Proof that both parties are legally free to marry (are not married, are divorced, had prior marriage annulled, or are widowed).

4. Your fiancé does not meet any criteria that render him/her inadmissible to the United States.
    

EXPERIENCED MARRIAGE AND FIANCÉ VISA 
 

If you need to obtain a K-1 or marriage visas, it is extremely important to hire an experienced immigration attorney to help you with your petitions. One mistake or omission on your behalf can cause a delay or denial of your fiancé or spouse’s visa.

Because the immigration process involves complexities and requires exact compliance with all rules and regulations, an immigration lawyer can help you avoid many obstacles that can result in delay or petition denial. There are often factors of which couples are unaware, such as strict time constraints. If the fiancé leaves the United States before marriage, his or her departure may result in a re-entry denial under the current visa.
 

At MORALES IMMIGRATION LAW FIRM, our experienced professionals understand the application process, and are happy to answer any questions or concerns that you or your loved ones may have. We know first hand the many benefits United States citizenship can bring, and therefore work relentlessly to make sure you and your family obtain the visas you need to remain with your loved ones.

MORALES IMMIGRATION LAW highly skilled and experienced to handle the full range of citizenship and immigration matters.

Citizenship may be obtained three different ways. The first way is by birth. One is automatically a citizen if he or she was born in the United States. One is also a citizen if he or she is born outside the US and is the offspring of at least one US citizen and certain conditions apply.
 

The second way one can obtain US citizenship is by meeting the requirements for US citizenship established by the Child Citizenship Act, which has been in effect since February 27, 2001. If the child meets these requirements, then he is automatically a US citizen even though he or she was not born a US citizen and did not go through the naturalization process to become a US citizen. In this scenario, one may want to obtain a certificate of citizenship to prove US citizenship.
 

The third way one can become a US citizen is through a process called naturalization. Naturalization enables a non-US citizen to become a United States citizen. A person must meet certain requirements established by the US law.
 

REQUIREMENTS OF CITIZENSHIP:
 

1. Must be at least 18 years old (unless adopted by a US citizen).

2. Can claim to be a lawful resident of the United States for a minimum of 5 years.

3. Can demonstrate a solid understanding of the US government and its history.

4. Able to speak, read, and write English.

5. Have a good moral character and a favorable disposition towards the United States.
    

ADVANTAGES OF CITIZENSHIP

The advantages of citizenship make undertaking the difficult process of naturalization worthwhile. These advantages include the freedom to travel  to other countries, the ability to sponsor relatives living abroad to come to the US, and the ability to vote.
 

TAMPA IMMIGRATION CITIZENSHIP LAWYER

If you or someone you know needs the assistance of an experienced citizenship and naturalization attorney, please contact our immigration law firm today. At Morales Immigration we have years of experience successfully obtaining citizenship for our clients and their families.

If you are currently in the United States and were inspected and admitted or paroled, you may qualify for adjustment of status (I-485). “Adjustment of status” is a legal term that means applying for a different type of visa or a green card while you are in the U.S. without having to return to your country of origin.
 

 Morales Immigration Law, will explain who qualifies for adjustment of status and what this process involves.