We specialize in the New Obama Deportation Deferment and Work Permit Immigration Program, naturalization, K-1 and K-3 visas, adjustment of status where the relative is already in the U.S, and also with consular processing, where the family member will be obtaining an immigrant visa or fiancé visa at a U.S. Consulate abroad, Naturalization process etc.
Obama Immigration Law Changes, Deferred Deportation and Work Permits
As your immigration lawyers, we can also assist with the new immigration deportation deferment program, which President Barack Obama announced in June 2012.
Obama Immigration Deferred Deportation and Work Permit Eligibility Requirements
To be eligible for the you must be:
They can apply to stay in the United States and be granted a work permit for two (2) years, but you will not be granted citizenship.
Naturalization is the term used for the process by which a person who was not born in the United States and did not acquire citizenship by birth neverthless becomes a United States citizen.
The decision to become a U.S. citizen through naturalization is an important one and therefore, its a decision that you should take seriously. In most cases, a person who wants to naturalize must first be a permanent resident. Becoming a U.S. Citizen will grant you with many rights which you would not have as a permanent resident.
Basic requirements for the naturalization process:
A U.S. Citizen who wishes to marry a non U.S. Citizen or permanent resident can help their fiance obtain permanent residence in different ways.
One way is to apply for a fiance visa: If your fiance is overseas and you want to marry in the United States. This lets your fiance enter the United States for 90 days so that your marriage ceremony can take place in the United States. Once you are marry, your spouse can apply for permanent residence and you can remain in the United States while your application is processed.
When a U.S. citizen wishes to bring over a fiance, he or she will need to demonstrate that he/she has met their intended partner within the past 2 years, that both parties are free to marry, and that there are sufficient financial resources to support the future spouse.
After the I-129F is approved, the K-1 visa will be issued to the fiance and the K-2 visa can be issued to the K-1 Fiance. Then within 90 days of entering the U.S. the parties must marry and the K-1, K-2 applicants can apply for adjustment of status.
If the K-1 fiance does not marry within the 90-day period, he/she will be out of status after the 90-day period, will not be eligible to change visa status to any other designation and will be expected to leave the country.
Can my fiance work in the United States while on a fiance visa?
After admission, your fiance may immediately apply for permission to work. Any work authorization based on a non-immigrant fiance visa would be valid for only 90 days after entry. However, your fiance would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence.
What if my fiance is already in the U.S. in another status and we decide to marry now?
If your fiance is in the United States and entered using a visa other than a fiance visa, and you marry, then you may file an I-130 relative petition for him/her as your spouse. He/she may be able to file form I-485 along with your petition.
When a U.S. citizen has already married a foreign spouse, then instead of the K-1, he/she can apply for the K3 visa to enter the U.S. In order to be eligible for the K-3 visa, the applicant must show a receipt from a previously filed I-30 petition, proof of the relationship and a copy of the marriage certificate.
After the I-129F is approved, the K-3 visa will be issued to the spouse and the K-4 visa can be issued to the child of the K-3 spouse, and then they will enter the U.S.
After entering the U.S, the K-3 spouse and K-4 child can apply for adjustment of status to lawful permanent resident.
When a U.S. citizen decides to marry a foreign-born person who is here in the U.S., then that person may be eligible to adjust if:
Assuming that the foreign spouse is eligible to adjust, then a “one-step” process can be used, where the I-130 and I-485 can be filed together, and sent to the CIS National Benefits Center. At the time of filing, work and travel documents can also be applied for, assuming the applicant is eligible. The applicant will eventually receive a notice for fingerprinting (biometric appointment) and then later an interview notice. A personal interview, with both spouses, will be conducted at the local USCIS office. Assuming that all necessary documents have been presented, the application will be approved, and the status of conditional resident (CR) will be granted.
When the parties have been married for less than two years, the green card is approved for only a conditional, two-year period. Three months before the end of this period of time, the CIR should file form I-751 to remove conditions, and then a permanent (valid for 10 years) card will be issued.
The period of time spent in both CR and LPR status does count towards the requirements for naturalization.
Georgia Areas We Serve
Our Georgia attorneys handle cases in the following cities and communities: Atlanta,
Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Woodstock, Kennesaw,
Gainseville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Duluth, Buckhead,
Dunwoody, Vinings, and Smyrna.