Family Visas

USCIS Announcement on Immigration Waivers and Warning About Scams

February 24, 2012 By Tom Jr.

USCIS has issued an announcement, reminding people that there has not been a final rule to allow the filing of an I-601 waiver, for unlawful presence, inside the United States, yet. Under the laws of the United States, USCIS must publish the final rule in the Federal Register specifying the start date of the new rule.

The announcement goes on to warn the public that any application requesting this waiver, filed before the final rule is effective will be rejected. USCIS warns of unscrupulous individuals who are scamming people by claiming they can file now. USCIS has a web page to warn about these and other scams. Please click here to see USCIS’s web page.

If you would like to automatically receive email updates of the status of this rule, please click here and we will email you updates as they become available.

Filed Under: Family Visas, Green Card, Immigration, Reform/New Laws, Waiver

Immigration Waiver while in The United States

February 9, 2012 By Tom Jr.

On January 9th USCIS announced that at a future date they will issue a Notice for a Proposed Rule that would allow spouses and children of U.S. citizens who are in the U.S., but need a waiver of unlawful presence in order to get a green card, to apply for that waiver within the U.S. The actual notice is scheduled to be released in the spring.

Please fill out the form below and we will send you information on what a waiver is, and updates on this exciting new opportunity.

Filed Under: Family Visas, Green Card, Immigration, Waiver

U.S. Government Seeks to Reduce Separation of U.S. Citizens and Family Members

January 9, 2012 By Tom Jr.

The USCIS (United States Citizenship and Immigration Services) is working to decrease the time delay of family members legally immigrating to join their U.S. citizen family members, in the United States. New regulatory proposals were announced January 6, 2012, by Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services.

Family unity is the foundation for many of the U.S. immigration laws. It’s a high priority. Now, the government seeks to reduce the wait time for family reunification, work more efficiently, and to standardize the process.

Mr. Mayorka’s statement explains,

“Currently, children and spouses of U.S. citizens who have accrued a certain period of unlawful presence in the U.S., and have to leave the country in order to become a legal permanent resident of the U.S., are barred from returning to their families for as long as 3 or 10 years. They can receive a waiver to allow them to return to their families before that period by showing that their U.S. citizen family member would face extreme hardship as a result of the separation. But under current procedures, in order to obtain the waiver, these individuals must apply from outside the United States after they have been found inadmissible by a Department of State consular officer. This process can be lengthy and discourages individuals who are currently eligible for this waiver from applying. To address this problem, the USCIS proposal would allow eligible immediate relatives of U.S. citizens to apply for and receive “provisional waivers” of unlawful presence before they leave the United States for consular processing of their immigrant visa applications, significantly reducing the time U.S. citizens are separated from their spouses, or children.”

Reunification Benefits Our Society

It is recognized that a separation of 3 to 10 years can cause a significant breakdown in the family and family support systems. It benefits the U.S. government and society, in general, if families are kept together. Families provide emotional and financial support that the government and taxpayers would otherwise bear the brunt of.

Where to Get Help Bringing Your Family Members to the United States

More details on the new immigration regulations will be published, likely this spring, in the Notice of Proposed Rulemaking. Public comments will be welcome. If you need help, we focus our practice on immigration law and bringing children and spouses of American citizens to the U.S.

Your next step is to contact our office: 513-791-1673, the form below or Thomasjr@geygan.com. We will guide you and your loved ones through the immigration process and help you to reunify your family in the United States.

Filed Under: Deportation & Removal, Family based Immigration, Family Visas, Green Card, Immigration, Waiver

Bringing a Family Member to the United States, to Stay

November 16, 2011 By Tom Jr.

Under section 201 of the Immigration and Nationality Act (INA), there is a minimum number of annual family-sponsored visas (226,000 family member visas.) You can bring a family member to the United States; and, when your family member attains a Green Card, he or she has many rights. Your loved one can enter, re-enter after a relatively brief absence, work, study, and travel in the United States.

We commonly help people bring fiancés/ fiancées, spouses, children, children of spouses, parents, and siblings to the United States by filing a K visa and by filing form I-130 and waiting for its determination. A K-1 visa is appropriate for fiancés/ fiancées; a K-3 visa is appropriate for a spouse; a K-4 visa is appropriate for the children of spouses. For siblings and parents, the form I-130 is appropriate.

The processes for bringing fiancé/ fiancée to the United States on a K-1 visa are similar to bringing a spouse, spouse’s children, or your children to the United States. You must:

· Be a United States citizen
· Meet or exceed certain income criteria (125% of the national poverty level.)
· Prove that your fiancé/ fiancée must have not violated any immigration or criminal laws.
· File the K-1 visa petition with the United States Citizenship and Immigration Services (USCIS.)
· If approved, your fiancé/ fiancée will be permitted to enter the United States for a period of 90 days. During which time, you must get married.

After the marriage you then:

· File for lawful permanent residency (i.e. Green Card) for your spouse.
· The United States Citizenship and Immigration Services (USCIS) will investigate to determine whether you have a true marriage, other than for immigration purposes.

Where to Get Help Bringing a Family Member to the United States, to Stay

Want to bring your family member to the United States? We can guide you through the maze of immigration matters and procedures, selecting the best path for your immigration and your family’s. For more information on K-1 visas please click here. For other family members, if you are a lawful permanent resident (have a green card) click here; or if you are a United States citizen please click here.

Immigration is a very specialized area of law; so, be sure your attorney focuses his practice on immigration and protecting your legal rights. We focus our practice on immigration law and help people just like you every day; you can reach us at 513-793-6555 or Thomasjr@geygan.com.

We will gently walk you through the immigration process and aggressively fight for your legal rights. Call Geygan & Geygan today: 513-793-6555. Your next step is to contact us.

Filed Under: Family based Immigration, Family Visas, Green Card, Immigration

Want to Come to the United States? Here’s How to do it.

September 20, 2011 By Tom Jr.

Many people would like to come to the United States and wonder how to do it. A qualified immigration attorney will counsel you through this process; help you to determine the foundation for your visit and the best strategy for meeting your goal, coming to the U.S.

First, you need to think about why you want to enter the U.S. Do you want to visit Niagara Falls or Yellowstone National Park? Do you want to study at Ohio State or Harvard? Do you want to live with your parents or spouse? Do you want to visit Aunt Penelope or Uncle Jose? Do you want to participate in the New York ballet or opera? Do you want to work for Microsoft or Apple?

Second, when you think about why you want to come to the U.S., you’ll know whether you need an immigration visa or a non-immigration visa. Immigrant visas are permanent; whereas, non-immigrant visas are temporary, meaning that you can enter for the the particular purpose stated, but you then must leave when your purpose has been accomplished or within a specific time period.

Third, match your reason for coming to the U.S. with either the immigration or non-immigration path; fill out and file the required forms with appropriate documentation; and, wait.

For example,

A K-3 visa is a non-immigrant visa for a spouse.
A K-1 visa is a non-immigrant visa for a fiancé(e).

An EB-5 visa allows those who invest significantly in the U.S. and create jobs to enter the U.S. This is an immigrant visa.

An H-1B visa is a temporary work visa; it is a non-immigrant visa.

The B-1 visa is for athletes, both amateur and professional to compete for prize money. It’s non-immigrant visa. Business visitors also use a B-1 visa.

File for a B-2 visa if you want to visit family in Columbus, receive medical care in Cleveland; or, visit Football Hall of Fame in Canton or the Rock ‘n Roll Hall of Fame in Cleveland.

An R visa is appropriate for religious workers; a professor, teacher, or scholar uses a J visa; and, the media and journalists use an I visa.

Where to Get Help Obtaining a Visa

Our immigration attorneys at Geygan and Geygan, Ltd. have helped many people just like you to obtain and renew visas. We focus our practice on immigration law; we will gently walk you through the visa process. Your next step is to contact our office, and you can reach us at 513-793-6555 or Thomasjr@geygan.com.