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Content copyright 2011-2012. Ardila Law Firm. All rights reserved. Nothing on this website shold be taken as legal advice for any individual case or situation. The information on this site is intended to be general and should not be relied upon for any specific situation. For legal advice, consult an experienced immigration attorney.
A K-1 visa is issued to the fiancé or fiancée of a United States citizen to enter the United States. If you petition for a fiancé(e) visa, you must show that: (1) You (the petitioner) are a U.S. citizen; (2) You intend to marry within 90 days of your fiancé(e) entering the United States; (3) You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment; and (4) You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver: (1) If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice; or (2) If you prove that the requirement to meet would result in extreme hardship to you.
Adjustment of Status (AOS)
Adjustment of Status (AOS) is a procedure that allows an eligible applicant to become a lawful permanent resident (apply for a Green Card) of the United States without having to go abroad and apply for an immigrant visa. (same)
Cancellation Of Removal
Cancellation of removalis a form of immigration relief available to individuals who have been placed in removal proceedings before the United States Executive Office for Immigration Review.
Provisional Waivers allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members.
The U visa is a non-immigrant visa available to individuals who are in the U.S. as undocumented aliens but meet the following requirements, the individual: (1) has suffered severe physical or mental abuse as a result of being a victim of criminal activity; (2) has been, is being, or is likely to be of help to a Federal, state, or local investigation of the criminal activity causing the abuse; (3) has certification from a Federal, state, or local judge, prosecutor, law enforcement officer, or other justice system official involved in prosecuting the criminal activity that he or she has been, is being, or is likely to be of help to a Federal, state, or local investigation of the criminal activity causing the abuse.
The U visa applies to the following specified list of crimes: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crime
The rights of the U visa holder include the following: (a) the maximum length of the U visa is 4 years unless extended; (b) may apply for any other immigration benefit or status for which he or she is eligible; (c) may apply for lawful permanent resident (LPR) status with 3 years of continuous residence.
The following are the basic conditions for refugee/asylee status: (1) the individual has a well-founded fear of persecution based on race, religion, nationality, membership in a social group, or political opinion if returned to the home country or country of last permanent residence; (2) the individual is not a security risk or perpetrator of persecution; and (3) the individual has not committed certain categories of crimes.
A person in the United Sates must generally apply for asylum within one year of admission. Once admitted the alien will be allowed to stay in the U.S. if expulsion from the U.S. would put them at a safety risk, unless: (a) the individual is able to safely return to the home country or move to another country; (b) the individual no longer meets the requirements of eligibility; (c) the individual has participated in persecution; (d) the individual presents a security risk; or (e) the individual has been convicted of a serious crime, including conviction of an aggravated felony.
Allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members.
Undocumented Injury Claim Rights:
Regardless of your immigration status, everyone has rights under the U.S. Law. One of these rights is the ability to make an injury claim following an accident.
At Ardila Law Firm we focus exclusively on the practice of immigration law. Ardila Law Firm is a well-known immigration legal firm with offices in Tampa, Lakeland, and Brandon. The firm handles complex immigration cases in the area of Adjustment of Status, Asylum, Citizenship, Immigration Court, DACA applications and Renewals, Family Based petitions, and Hardship Waivers. We work exclusively in family-based immigration cases and deportation defense.