1. How can I have my fiancé or fiancée come to the United States?
If your fiancé(e) resides outside the United States, you can petition for him or her to come into the United States with a nonimmigrant fiancé visa. Part of the application entails proof of the relationship (letters, emails, telephone calls, pictures, etc.). If the application is approved, your fiancé will be able to come to the United States on a K-1 visa. You and your fiancé must marry within 90 days after the fiancé enters the United States, since the K-1 visa is only valid for 90 days and cannot be extended. If you and your fiancé do not marry within the 90 days, the visa will expire and your fiancé will have to go back.
2. How can I get a student visa?
A student visa or an F-1 visa is for people who are going to go to school in the United States. The student must be accepted by a school before he or she can apply for a student visa. The school must be deemed eligible to accept foreign students by the Bureau of Citizenship and Immigration Services. In order for the visa to be issued, the student must show that he or she can afford to go to school. This can be done by a showing of assets or money in a bank account in the student’s native country or by having someone like a family member provide an affidavit of support stating that he or she would be willing to take financial responsibility for the student. [Please note that another visa that is used to study in the United States is the J visa].
3. My relative is detained by Immigration (ICE) can they obtain Bond?
An alien who is detained by Immigration and Customs Enforcement (ICE) may be able to obtain bond depending on the circumstances surrounding his or her case. For example, the charges listed on the Notice to Appear (NTA) must be analyzed to determine whether the alien is subject to mandatory detention. Mandatory detention applies to certain aliens who are charged with certain serious criminal offenses, such as aggravated felonies or controlled substance convictions. However, if the alien is not subject to mandatory detention, a court usually will grant an alien bond if: (1) the alien has some type of relief against removal; (2) the alien is not a threat to the community; and (3) the alien is not a flight risk.
4. My friend is here illegally but is getting married to a U.S. Citizen. Can she obtain her green card here in the U.S.?
It depends. In immigration law, there is a process called “Adjustment of Status,” which is the process through which someone who has an approved petition for residency can get their “green card.” However, there are three very important requirements. First, the alien must have been “inspected and admitted, or paroled.” This means that he or she had to have entered the country legally; i.e., with some kind of visa. Second, there must be a visa immediately available. Someone who is marrying a U.S. citizen is called an immediate relative, and for these, a visa is immediately available. Finally, the applicant must not be “inadmissible.” Many people who are married to a U.S. citizen entered the country illegally. Thus, in order for them to get their green card, they have to go back to her country and get her visa at the U.S. Consulate there.
5. I am a lawful permanent resident. How can I become a U.S. citizen?
A lawful permanent resident (LPR) can become a U.S. citizen through naturalization. With some exceptions, naturalization applicants must meet the following requirements: (1) be at least 18 years old; (2) have resided as an LPR for 5 years; (3) show that he or she has been a person of good moral character for the statutory period; (4) must be able to read, write, speak and understand words in ordinary usage in the English language; and (5) must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Naturalization is started by filing a form called the N-400.
6. I’ve heard about the L visa for an intra-company transferee. What is the L Visa and how can somebody get one?
The L Visa is intended for the employment of multinational managers or specialized employees of foreign companies intending to employ salaried personnel for work with their subsidiaries in the United States. To be eligible for an L visa, the employee must have been employed full time for one continuous year during the past three years preceding the visa request and hold a supervisory, managerial or specialist position. In addition, the American subsidiary must already exist or be in the process of being established when this visa application is made. Finally, the parent company located in the country of origin must remain operational after this visa has been approved. The L visa can lead to a green card. For further information on L Visas, check under “Practice Areas” above.
7. What is a Work Permit and how can I get one?
A work permit allows green card applicants the right to work from the time the green card is granted. Work permits are also granted to the spouses of individuals holding L-1 or E-2 visas. To be eligible for a work permit, (1) the permit must be requested in a timely fashion after the original visa application, (2) the candidate must be located within the United States at the time of the request, and (3) the applicant must have completed a green card request with Adjustment of Status.
8. Can someone from the Gabriel Jiménez Law Office speak at my organization?
Yes. We would be honored to participate in any speaking engagement or educational programs in the community.
9. Does your office charge an initial consultation fee?
Yes. We charge a small consultation fee that is credited to the client’s account if we are retained to represent them.
10. Do you offer payment plans?
Yes we do. Our clients can pay with a credit card and for those who are not able to pay the full fee, we offer flexible payment plans. We work with our clients in this regard.