If you’re searching for an “immigration lawyer near me,” chances are you have some questions about immigration law. You’re in luck! Here are answers to the most common questions our immigration attorneys get here in Texas. If you still have questions or need legal representation, reach out to our team at The Lozano Law Firm, PLLC, at (210) 932-3600 for assistance from an experienced lawyer for immigration.
Can My U.S. Citizen Child Petition Me?
We often get questions about who may be eligible to petition for a green card for others. If your child is a U.S. citizen, they may only petition for you after reaching the age of 21.
In addition to the citizenship and age requirements, your child must meet standards to serve as a financial sponsor. That means your child needs to reside in the U.S. and have sufficient income to support both of you plus other dependents. For immigration purposes, the petitioner’s income needs to be a minimum of 125% of the federal poverty level. If your child happens to not meet the minimum financial income you might qualify for a co-sponsor.
If you are already in the U.S. and hope to wait until your child reaches the minimum age to petition you, you face the risk of deportation. However, you may have other options available to you. A family immigration lawyer can help you explore options to follow the law and stay in the U.S. legally.
How Long Will It Take to Bring My Fiancé to the U.S.?
The processing of a fiancé visa, also known as a K-1 visa, should take six to ten months. To ensure the process goes smoothly, you must complete the I-129F petition with accurate information and necessary documentation.
You and your fiancé need to meet specific requirements to apply for a K-1 visa:
- You are a citizen of the U.S.
- Both of you have met in person during the last 24 months
- You may both get married legally and will do so within 90 days after entering the United States with your K-1 visa.
A K-1 visa will allow your fiancé to come to the U.S. and stay for 90 days before your wedding. Once you get married, your spouse needs to apply for a green card to establish permanent residency in the U.S. The documentation and process can be confusing. An experienced immigration lawyer can help you with this paperwork.
If I Get Divorced Before Getting My 10-Year Card, Will I Lose My Residency?
A divorce will complicate the green card process and your potential residency. How much the situation changes will depend on the current phase of your green card application. If you apply for a green card but get divorced before receiving the card, the government will stop the application in progress.
If you were married for less than two years and hold a green card with conditions, you need to prove your marriage was legitimate and in good faith. Proof may include joint financial documents, testimonials from friends or co-workers, and photos of you as a couple.
Once you hold a 10-year green card, a divorce should not impact your immigration status.
Divorce proceedings add a layer of complexity to immigration issues. If you do get divorced, you may have other options, including employment, relationships with other family members, or the Violence Against Women Act. An experienced immigration attorney can review your case and help you choose the best way to proceed.
I’m a Victim of Domestic Violence Because of My Spouse. Do I Qualify for Any Immigration Help?
If your spouse is a U.S. citizen or a Legal Permanent Resident who subjects you to abuse or cruelty, you may be able to apply for permanent residency under the Violence Against Women Act (VAWA). VAWA gives you the ability to petition on your own with no spousal involvement. Your abusive spouse does not need to know or participate in the filing.
You may feel scared and alone, but your immigration attorney will work with you. You will need to prove that you and your spouse lived together and that you did not get married for immigration status only. You will need to document the abuse with medical records and witness testimony from you or others. The abuse can either be physical or it can also be mental abuse, emotional abuse, and any other treatment that constitutes extreme cruelty would satisfy the requirement for a VAWA application.
If children or parents are victims of abuse, VAWA may be an immigration solution for them as well. An attorney with family immigration experience will guide you through this complex and emotional time, handling paperwork and joining you in immigration court.
I Was Assaulted and Want to Know If I Qualify for a U Visa
If you were the victim of a felony assault, you might be eligible for a U visa. Law enforcement will help by sharing details and documentation with immigration services to determine your qualifications.
You may apply for a U visa if you were the victim of certain criminal activities and you have details about the crime you are willing to share with legal authorities. An immigration lawyer will help determine if you meet the criteria for a U visa and help you work through the process.
My Spouse Is Controlling and Disrespectful. Do I Qualify for VAWA?
Situations of emotional abuse and manipulation, especially those involving threats of impact to your immigration status, are considered domestic violence in the U.S. Whatever your current immigration status, you have the right to protection from domestic violence under the law.
You’ll need an experienced lawyer to help you work through these complex issues. If you do not qualify for VAWA, your attorney may provide you with other options.
Contact The Lozano Law Firm, PLLC, in South Texas
If you have more questions about family immigration, contact The Lozano Law Firm, PLLC. We know that immigrants are good for our country and are dedicated to helping families and corporations through the immigration maze.
Attorney Alfredo Lozano, our immigration law expert, is certified by the Texas Board of Legal Specialization. He and our team will work with you to simplify the process and help you understand each step of your immigration proceedings.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.