Are you (or someone you know) facing Removal Proceedings?
Apply for Cancellation of Removal
Cancellation of Removal allows certain persons in removal proceedings who have resided in the United States for a period of time and meet certain conditions, to request that they remain in the U.S. and have the removal proceeding canceled.
Contact me today to see if you qualify! (904) 258-8663
President Biden to Provide Citizenship Path to Previously Ba
WASHINGTON—President Biden announced a new immigration program Tuesday that provides a path to citizenship for hundreds of thousands of immigrants in the country illegally who are married to U.S. citizens.
Biden plans to promote the announcement at the White House alongside members of Congress, immigration advocates an
Visa Types
Student Visas
Purpose of coming into country is only to study for a time and return home. These are K1/K2 visas. For 4-year degrees apply once and then extend as needed if still in school. After one year and meeting certain requirements, you may be able to work with a permit. School can help with application; this is renewable yearly while in school
J1 Visas
Issued by local government in home country for a particular area of study. After finishing program you must return home and are banned from applying for adjustment of status unless you get a waiver from home country. You must return home to apply for waiver (more favorable decision than if you remain in US).
Work Visas
Strict requirement where government only issues a certain amount yearly. Prospective employer (usually hotel, farming, special skills, etc.) must sponsor you and prove that there is no one in country with that particular skill set willing and able to do job. During the last 6 months or so, you may renew visa through employer. Status may be adjusted with marriage, etc.
Investment Visas
For people wanting to invest in the US or if you have a special skill like an athlete, you may sponsor yourself to come to the US.
U Visas
If a crime was committed and you help law enforcement to apprehend suspect, you may get a visa through this program. You must have witnessed crime or crime was committed against you and you assisted in apprehending or resolving case. Law enforcement gives you documentation and assists you to adjust status as a means of saying thanks.
VAWA (Victim of Abuse)
If you are in the US legally and while here your significant other promised to legalize status and you relied on promise to your detriment, you may file for green card. Same applies if you hire an attorney with your status and they mess us case. Applies to male and female alike. Children also benefit from this program.
I-130 - Application for Alien Relative to Get Permanent Resident Status
Must establish relationship with person you are filing for to show they qualify to come here: mother, father, brother, sister, husband, wife, children, step children, adopted children are eligible. Once application is filed establishing relationship, if approved, the application is sent to country where relative lives. Certain relationships like parents, children under age 18 will get an immediate visa if person filing petition is a US citizen. Once visa is available in foreign country, applicant must get approval through police clearance, physical, etc.
I-485 - Relative to be Petitioned for is in US
Petitioner must do an adjustment of status (more expensive than if relative is out of country) that requires medical, passport-sized photos, finger printing, etc. Affidavit of Support must be sent to show you are able to support relative and they will not become a ward of the state. If married, 1-130, I-485, affidavit of support, and petition for work permit may all be sent in at once to speed up process. You will receive a conditional status for 2 years to satisfy immigration marriage is real, after which time you attend an interview and condition may be removed if requirements for legitimate marriage are met. If person is any other relation than marriage, same process applies but status is permanent for 10 years, after which time you may apply for citizenship.
Notable Distinctions:
Refugee: is out of country trying to gain status
Asylum: person is already in country and trying to adjust status for political reasons, etc.
Citizenship
You may apply after 5 years if you are already in country legally. If married to a US citizen you may apply after 3 years.
President Biden Proposes 8-year Plan to Citizenship
Provisional Status
- Prove that you have been living in the U.S. on or before January 1, 2021 or seek a waiver on humanitarian grounds.
- Pay all required fees and penalties.
- You will receive a work authorization.
- You will be able to apply for a travel document.
- You will receive Provisional Legal Status.
Green Card Status
- Hold your Provisional Legal Status for 5 years.
- Pay all required fees and penalties.
- Show proof of paying taxes.
- Pass all biometric and background checks.
- Apply for a green card.
Citizenship
- Hold your green card for 3 years.
- Pay all required fees.
- Pass additional background checks.
- Pass English and Civics tests.
- Apply for U.S. Citizenship.
Green Cards to DACA/Dreamers, TPS Holders & Farmworkers Immediately
They will be eligible to apply for citizenship after three years.
- The Bill also proposes to have new processing centers near the U.S./Mexico border to register qualifying refugees and resettle them in the U.S.
- Allow certain individuals who were deported during the Trump Administration, but who had lived in the U.S. for 3 years to return and reunite with their families for humanitarian reasons.
- Eliminate the 1-year filing deadline for asylum applicants.
- Clear the family-based and employment-based visa backlogs.
- H-B dependents to get work authorizations.
- No more 3 and 10 year bars for certain people who lived in the U.S. illegally and then left.
USCIS Reaches H-2B Cap for First Half of FY 2024
Release Date 10/13/2023
U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year (FY) 2024. Oct. 11, 2023 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2024. USCIS will reject new cap-subject H-2B petitions received after Oct. 11, 2023 that request an employment start date before April 1, 2024.
USCIS continues to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:
- Current H-2B workers in the United States who extend their stay, change employers, or change the terms and conditions of their employment;
- Fish roe processors, fish roe technicians, and/or supervisors of fish roe processing; and
- Workers performing labor or services in the Commonwealth of Northern Mariana Islands and/or Guam from Nov. 28, 2009, until Dec. 31, 2029.
U.S. businesses use the H-2B program to employ foreign workers for temporary nonagricultural jobs. Currently, Congress has set the H-2B cap at 66,000 per fiscal year, with 33,000 for workers who begin employment in the first half of the fiscal year (Oct. 1 - March 31) and 33,000 (plus any unused numbers from the first half of the fiscal year) for workers who begin employment in the second half of the fiscal year (April 1 - Sept. 30).