Deerfield Employment Law Firm

Who Is Considered to Be a Special Immigrant?

Thu, 07 May 2026 20:53:16 GMT

Who Is Considered to Be a Special Immigrant?

Under the Special Immigrant Juvenile classification, a special immigrant is referred to as a child that has suffered from abuse, neglect, abandonment, or other similar issues. Accordingly, children who have suffered from one of these situations are allowed the possibility to seek redress to obtain permanent lawful residence in the United States.

In order for children to qualify as special immigrants, four main conditions must be met. These conditions are as follows:

The child in question is 21 years of age or under;
The child is not married;
The child is already on United States soil; and
An American state court will not let the child live with their parents or one of their parents because they hurt the child, neglected to take care of them, or otherwise left them without any sort of third-party care.

If these conditions are satisfied, the child can apply for the Special Immigrant Juvenile classification. As part of the process, applicants can apply for work authorization immediately if they meet the age requirements.

Moreover, applicants can also apply for lawful permanent residency (what is popularly known as the Green Card), thereby making them permanent residents of the United States. Once a number of other conditions are satisfied, lawful permanent residents will be able to apply to become American citizens by way of naturalization.

What Is Needed from a State Court to Obtain Special Immigrant Juvenile Status?

In the American legal system, there are two types of courts: state and federal. When it comes to immigration purposes, federal courts have a different purpose from courts at the state level. In fact, federal immigration courts do not get involved in issues related to one’s family. On the contrary, they rely on state courts to see if the conditions of abuse, neglect, abandonment, or other similar issues are reached. Special immigrants need to have an order from a state court to be able to apply for the Special Immigrant Juvenile status.

This order needs to state that:

The child in question is a dependent of the court, for example, in a juvenile delinquency or juvenile dependency case; or
The child in question is in the custody of a state agency or private agency; or
The child is in the legal custody of a private person.

In other words, the state court must determine the special immigrant’s custody and, in doing so, give this custody to a state court, a state agency, or a private person.

Lastly, it is also important to note that immigrants who obtain the special immigrant juvenile classification cannot be reunited with both parents since the conditions stipulate that children receiving the classification must have suffered abuse, abandonment, neglect, or similar issues at the hands of their parents. The child may be currently living with one parent and, in some instances, this parent may be the legal custodian or be named as legal guardian. This is also the case if citizenship by naturalization is obtained after the special immigrant obtains permanent residence, meaning the special immigrant’s parents will not be able to join them on U.S. soil.

If you would like to discuss more with an experienced attorney, do not hesitate to contact us online or call (760) 474-2555.

Who Qualifies for Special Immigrant Juvenile Status?

Thu, 07 May 2026 20:45:36 GMT

Who Qualifies for Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status (SIJS) is one of the classifications available for undocumented immigrants seeking to regularize their immigration status. To qualify for SIJS, the immigrant in question must be under the age of 21, and they must also have been abused, neglected, or abandoned by their parents (or parent). By way of this classification, immigrants who meet all of the criteria for Special Immigrant Juvenile Status can obtain permanent residence in the United States.

Requirements for obtaining SIJS are:

Must be under 21 years of age;
Must not be married;
Must be declared as a dependent in a juvenile court, with the Family Court taking jurisdiction over a petition that addresses the needs of the applicant for SIJS;
Reunification with the immigrant’s parents is no longer possible owing to abuse, neglect, abandonment, or other issues of a similar nature; and
It is not in the immigrant’s best interests to return to their country of origin or where they last habitually resided.

It is important to note that SIJS explicitly states that abuse, abandonment, or neglect must be determined factually. However, the statute does not define these terms, so state law must be consulted for precise definitions to be obtained. It is also observed that the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008 provides another category with abuse, abandonment, or neglect, which is a “similar basis under state law.” This means that if a child has not been abused, abandoned, or neglected, they might still qualify for SIJS if, for example, the parents cannot care for their child because the child suffers from certain problems, including but not limited to issues related to mental health.

Are There Any Restrictions on Applicants Who Meet All of the Criteria?

The simple answer to this question is: Yes. In fact, if the applicant has committed a crime, then their application might be rendered inadmissible. This is especially true if the applicant has been convicted of an adult offense like drug trafficking, rape, or murder. Typically, minors are not tried and charged as adults; however, when it comes to certain crimes such as homicide, some states allow children of any age to be tried as adults.On the other hand, crimes of juvenile delinquency are not considered to count as convictions for immigration purposes. That said, some juvenile delinquency crimes might also come with inadmissibility grounds attached, meaning that the applicant will need a waiver if they have been convicted of such a crime.

Lastly, it is also important to note that applicants might also be inadmissible for SIJS if authorities have “reason to believe” that they have engaged in drug trafficking or aided and abetted a drug trafficker. In this case, a conviction is unnecessary, as reasonable suspicion (or evidence showing drug offenses) might result in the potential applicant being permanently barred from obtaining SIJS. In other words, charges and suspicions relating to drug offenses cannot be waived.

To discuss your eligibility for Special Immigrant Juvenile Status with an experienced attorney from our firm, do not hesitate to contact us online or call (760) 474-2555.

What Is a Special Immigrant Juvenile Visa?

Thu, 07 May 2026 20:21:13 GMT

What Is a Special Immigrant Juvenile Visa?

In simple terms, the Special Immigrant Juvenile Visa allows children who have fallen victim to abuse, neglect, abandonment, or issues of a similar nature to live in the United States. After fulfilling all of the criteria necessary for such a status, immigrants who obtain the visa will then be able to get permanent residence.

Who Is Eligible for Special Immigrant Juvenile Status, and What Are the Benefits?

In order for a child or a youth to be granted a Special Immigrant Juvenile Visa (or Special Immigrant Juvenile Status ), the child or youth in question must not be married, and they must also be under the age of 21. The child must also be declared as a dependent in Juvenile Court, and reunification with their parents must also not be possible due to abuse, neglect, abandonment, or issues of a similar nature. Lastly, it must also not be in the youth’s best interest to return to their country of origin or else to their country of habitual residence.

Naturally, there are various benefits for youths to obtain a Special Immigrant Juvenile Visa. Chief among these is the fact that holders of such a visa will then be able to apply for lawful permanent residence, a status that will enable them to live and work in the United States permanently, travel outside of the U.S. (and then return), and will also give them access to certain public benefits. Moreover, individuals who hold permanent residence will also be able to apply for U.S. citizenship, which grants them all legal rights afforded to American citizens.

It is observed that when a child files for legal permanent status, they might also be eligible for a work permit until their application is decided upon. However, the child in question might not be able to work under federal or state law, depending on their age.

Are There Any Negative Issues Associated with Juvenile Visas?

When a child is granted a Juvenile Visa, they will cease to be a child of their parents as far as immigration purposes are concerned. Accordingly, when the child in question turns 21, they will not be able to file for their parents to join them in the United States – even if they apply to become an American citizen and their application is successful. This means that if the child or youth in question is still hopeful of reunification with their parents on U.S. soil, the Special Immigrant Juvenile Visa option might not be the best one for them.In conclusion, it is essential to note that the case for applicants applying for Special Immigrant Juvenile Visa rests upon the fact that harmful conduct was committed by their own parents. This differs from asylum applications, which are based on fear of persecution or harm by the government. In fact, successful applicants for asylum will be able to petition for their family members to join them in the United States if they become permanent residents and citizens, whereas successful applicants for the Juvenile Visa will not be allowed to do so. This is something that must be kept in mind when applying for the Special Immigrant Juvenile Visa.

If you would like to discuss more with an experienced attorney, do not hesitate to contact us online or call (760) 474-2555.

Who Is Eligible for a Green Card?

Thu, 07 May 2026 20:13:39 GMT

Who Is Eligible for a Green Card?

When people think about obtaining a green card, they usually think about marrying an American citizen or resident. However, they don't often consider other ways to become eligible for one. It's essential to know that there are several different ways you can meet the qualifications and obtain your own green card! We'll discuss some of the most common paths to becoming eligible for a green card and how you can go about doing it!

What Is a Green Card?

A green card is also called a permanent resident card. This document allows you to live and work in the United States without having the risk of deportation or separation from your family. If you are a permanent resident, you must have a valid Green Card on you at all times. Green cards are generally only valid for ten years at a time, and you will need to renew your green card status or apply for citizenship before it expires.

Who Is Eligible for a Green Card?

There are many different ways you can become eligible for a green card. We've listed a few of the most

common ways below.

Green Card Through Family: If you are a spouse or relative of a U.S. citizen, then you can apply for a green card in the United States.
Green Card Through Employment: Suppose you're an immigrant with abilities in athletics, business, arts, or science, a physician who will work in a clinical practice full time, or an investor who is actively investing or has invested $500,000 to 1 million dollars in a new business that will create new full-time positions for U.S. citizens. In that case, you may be eligible for an employment green card. If you already work at a job, and your employer extends full-time employment, they can sponsor you for your green card.
Green Card Through Asylee or Refugee Status: If you were admitted to the United States as an asylee or refugee and have lived in the U.S. for at least one full year, you are able to apply for a green card.
Green Card For Special Circumstances: There are other unique situations that may make you eligible for a green card, depending on your specific situation, such as if you are the victim of abuse, human trafficking, crimes, or if you're identified as a special immigrant. Again, the specific eligibility criteria will vary, so make sure to understand the USCIS guidelines before applying.

How Do I Apply for a Green Card?

Do you meet the requirements mentioned above? If so, it’s time to move forward with applying for your green card. To complete your application, you’ll need to fill out various forms and pay various fees. However, if you miss one of the requirements or fill out the paperwork wrong, your application can become rejected. Thankfully, you can get in touch with an experienced San Diego immigration lawyer to make sure you're filling out the proper paperwork and receiving the green card you need!

How Long Does It Take to Get a Green Card for Parents?

Thu, 07 May 2026 20:06:24 GMT

How Long Does It Take to Get a Green Card for Parents?

If you’re a legal United States Citizen, you may be wondering how you can get your parents a Green Card, especially if they currently hold citizenship in another country. If you’re a legal citizen, and over the age of 21, it becomes a lot easier to help your parents obtain a green card because they do not have to abide by immigration numbers, and are instead considered immediate relatives. Thankfully, the process to obtain a green card for your parents is not as long as other types of applications. The average turnaround time is between 8 months to 16 months. However, the spe cific service center you filed with can directly impact the processing times, especially considering the amount of cases the service center needs to work through.

How to Apply for a Green Card for Your Parents

If you meet the eligible conditions to obtain a green card for your parents, you need to submit your application and any supporting documentation to get your mother or father approved for a green card. You’ll want to apply as soon as possible to establish your place in the virtual waiting line. The quicker you apply, the sooner you’ll get the approval you need.

Follow these steps to get your application filed:

First, you need to fill out the I-130 Visa Petition . You will need to fill out one form per parent if you’re trying to get both of your parents a green card in the United States. The form will ask for various information concerning their name, work, relationship, and current country of citizenship.
Next, you’ll need to prove you’re a United States Citizen. This can be done through multiple types of documentation such as a birth certificate, passport, or certificate of citizenship.
Finally, you need to prove that these people are your parents. This can be done through birth certificates, marriage certificates, or any other type of documentation supporting your claim. Make sure that all your documentation is correct before submitting your application. Any false information or mistakes made on your forms can cause your application to become rejected or delayed, which means you’ll need to submit an entirely new application, and restart the waiting process for your parents’ green card. This can become very lengthy for a process that should be relatively short. If you’ve already applied for your parents’ green card but want to check the current status, you can log on to the case tracker portal with your receipt number to see any updates on your application.

Contact an Immigration Lawyer to Ensure You’re Saving Time and Money

If you’re unsure how to fill out the paperwork, or where to get started, an immigration lawyer can help you through the process. We’ve dealt with tons of Green Card application processes and know how to navigate these tricky situations. This will ensure all supporting documentation is submitted and that your parents are eligible for the green card they’re trying to secure.

What Is the Easiest Way to Get a Green Card?

Thu, 07 May 2026 20:00:22 GMT

What Is the Easiest Way to Get a Green Card?

If you’re interested in obtaining a green card in the United States, this typically means that you are looking for the fastest way, or the least amount of processing time required, to obtain your documentation. There are tons of ways to apply for a green card that can be approved within a couple of weeks to a couple of years, depending on the route you take.

However, the path you take to obtain your green card ultimately depends on what you are eligible for. You can choose to be sponsored for a green card through a job opportunity, a family member who has U.S. citizenship, starting a business, or even applying through the diversity visa lottery.

You’ll need to find the best option depending on what category you fit into, as there is not a direct way for everyone to apply to become a green card holder. Here are three ways you can obtain a green card in the United States.

1. Employment Immigration

If you intend to come work in the United States, you can try to obtain a green card based on employment. The way the United States processes these green cards has a lot to do with the skill or ability you can offer.

First priority is for those who are widely recognized in the professional teaching or researching world, those who possess an extraordinary ability, or CEOs of multinational companies. You can also receive first priority if you can provide a skill that has a current shortage, such as a registered nurse or doctor.

Second priority is for those who have an exceptional ability, those who have an advanced degree or those recognized as exceptional researchers or professors. Second priority is also given to those who have advanced degrees or exceptional abilities and are involved in activities that can benefit the national interest of the United States.

Third priority is given to those who are skilled, hold a bachelor’s degree or are considered unskilled workers.

2. Family Based Immigration

If you have a family member that is either a U.S. citizen or green card holder, you may be able to obtain a green card through your relationship with them. It’s important to note that distant family will not be able to sponsor you. Eligible sponsors may include:

Relatives of a United States citizen such as a parent, spouse, unmarried stepchild or child, stepparent, or brother or sister.
Relatives of a green card holder such as a parent, spouse, unmarried stepchild or child, stepparent, or brother or sister.

3. Become an Investor

If you want to start a business and can invest at least $500,000 in any type of commercial enterprise that will create 5 full-time jobs, and benefit the United States economy, you may be eligible for a green card as an investor.

To apply for any of these green cards, you’ll need to fill out the corresponding application, and send in supporting documentation. If this application process sounds a little confusing, get in touch with an experienced immigration lawyer to make sure you’re filling out the right paperwork, so you’re not delayed or denied from becoming a green card holder.

Can a U.S. Citizen Sponsor Brother?

Thu, 07 May 2026 19:52:19 GMT

Can a U.S. Citizen Sponsor Brother?

If you’re a current United States citizen, but have brothers or sisters with citizenships in other countries, you may be curious how you can get them over to the United States permanently. If you’re a citizen, and over the age of 21, it is possible to sponsor your siblings and help them get green cards through the USCIS, or United States Citizenship and Immigration Services. However, there tends to be a long waiting period and copious amounts of paperwork needed for the application process to be completed.

How to Apply for a Green Card for Sisters and Brothers

If you meet the conditions listed above and want to move forward sponsoring your sibling,

follow these steps:

1. First, you’ll need to fill out Form I-130, otherwise known as the Petition for Alien Relative. This form will ask for information about the sibling you’re trying to sponsor. Ensure all information is correct on this form.

2. Next, you’ll need to show documentation that you’re related to your sibling. Typically this means that you’ll need to include a copy of your birth certificate and your sibling’s birth certificate to prove that there is a parental relation between you both.

3. Finally, you’ll need to prove that you’re a citizen of the United States. This can be done in many ways such as through a copy of your birth certificate, passport, certificate of citizenship, or naturalization certificate.

It’s important to note that if you have a sibling through stepparents, adoption, or have different mothers, you’ll need to supply additional information to complete your application. Examples of materials you might need could include adoption decrees, marriage separations, or certificates depending on the situation. If you’re trying to sponsor distant relatives, such as your grandparents, cousins, aunts, or uncles, you’re unable to use your citizenship status to help them get a green card.

If you miss any type of paperwork, you’ll need to re-file your petition. Immigration lawyers are skilled at helping you achieve a successful outcome during your application process. They know how to take care of all your paperwork, so you don’t need to worry that you’re missing something. This is imperative to ensure you’re not wasting any time or money.

How Long Will My Application Take?

Unfortunately, the process is very lengthy to obtain a green card for your sibling because of the current U.S. immigration laws put in place. Essentially, there is a limit on how many people can immigrate to the United States via the sibling category. Once they reach their maximum number of yearly immigrants, the cases get pushed to the following year. Right now, there are over 68,000 applications for sibling green cards, which translates to a waiting line of over 13 years long. If you’ve already sent in your application and want to see the status of your case, you can use the Online Case Status page. All you need to do is input your receipt number to learn more about your application status.

Can a U.S. Citizen Sponsor a Friend?

Thu, 07 May 2026 19:23:52 GMT

Can a U.S. Citizen Sponsor a Friend?

While you won’t be able to petition for a friend’s green card or immigration visa, you are able to help financially support your friend’s petition by using the Affidavit of Support, or Form I-864.

This is required prior to your friend’s interview at a Consulate or U.S. embassy, or when they submit their adjustment of status if they’re already in the United States. Becoming a financial sponsor for your friend is a pretty important commitment. You’re essentially saying that your friend will not need to apply for public aid, as they will receive enough money through your support and their employment. This means if your friend does receive any governmental assistance, you may end up either in a civil lawsuit or be liable for those fines and will need to repay the government. This could include programs like Supplemental Security Income, Medicaid, Food Stamps, State Child Health Insurance Program, or temporary assistance for needy families. Other government assistance programs are still okay for your friend to use without any liability.

This is a long-term commitment. You are liable for your friend for either 10 years, or until your friend becomes a citizen, whichever comes first. However, it is important to note you’re not responsible for any credit cards, personal debt, or medical bills your friend may incur. The obligation only extends to the use of public assistance – government aid.

Income Requirements to Sponsor a Friend

If you don’t meet the basic income requirements to sponsor your friend, you’re not eligible to be a sponsor. Your household income must be greater than 125% of the poverty level, depending on your household size. For example, if you’re a household of 2, your minimum income must be $20,575, while a household of 8 must have a minimum income of $52,975.

How to File Your Affidavit

As mentioned previously, you’ll need to fill out Form I-864 and sign the document with a notary public in your presence in order to have the document notarized. Along with this form, you’ll need to provide your proof of employment by submitting your W-2 and your most recent income tax returns.

You’ll need to submit additional documents if:

If you’re self-employed, you’ll need to include a copy from your recent federal income tax return of Schedule C, D, E, or F.
If you’re active duty, you’ll need to include proof of your active military status if you have to rely on the adjustment income requirement of 100% of the U.S. poverty line.
If you’re a U.S. Citizen, you’ll need to include either a birth certificate, passport, or naturalization certificate.
If you’re a permanent resident, you’ll need to include a copy of your permanent resident card.

Once you’ve completed your application, send it over to your friend. They can submit the affidavit on the National Visa Center’s online portal or with their adjustment of status application. If this application process sounds a little confusing, get in touch with an experienced immigration lawyer to make sure you’re filling out the right paperwork, so you’re not delayed or denied from becoming a sponsor.

What Happens If You Marry a U.S. Citizen?

Thu, 07 May 2026 19:21:25 GMT

What Happens If You Marry a U.S. Citizen?

When you marry a U.S. citizen, you will be able to obtain certain benefits. While you’re not eligible to become a U.S. citizen right away, you are able to start the application to become a permanent green card holder. Before doing this process, consider if this is something you want or need because you’re not required to apply for a green card if you don’t want to.

Location: Do you plan to move to America, or just visit occasionally? If your home base is in your home country, it might not be necessary for you to apply for a green card.

Instead, you may want to look into visa or green card rules and processes for your home country. Applying for a green card in the United States is expensive, so if you don’t need it, don’t waste your time.

Legal Issues: Are you in good standing with the United States to apply for a green card?

If you’ve come to America correctly by obtaining a visa and following the rules, you’re good to go. However, if you’ve entered illegally, especially if it’s been for more than one year, it will be challenging to apply for a green card. Every case is different, so it’s important to talk to an immigration lawyer about your specific situation to find an appropriate solution.

Budget: Applying for a green card is not a free process.

You and your spouse will need to fill out applications that have fees associated with it in order to file. The application cost is around $2,000, not including any lawyer fees you may need to pay. If that is too much for you, don’t waste your time filling out the paperwork as these forms can change. Instead, save up money and when you’re ready, go ahead and file your paperwork.

Submit Your Paperwork to Obtain a Green Card

If you’ve decided to go ahead and apply for your green card, you’re going to need to fill out specific information about yourself, and your spouse that prove you’re really married and that you meet all requirements to obtain a green card. To apply for residency, you must use the following steps after getting married.

You must submit your application. Your application will include Form I-130, which establishes that a valid marriage exists, and Form I-485, which proves that the spouse is eligible for a green card. The forms must be accompanied by the appropriate processing fees and supporting documentation.
You’ll receive confirmation from the USCIS of an in-person interview to determine your application documents’ validity. If approved, you’ll obtain a conditional (if married less than two years) visa or a permanent residency visa (if married over two years).

If you’re confused about the filing process or want to ensure that you’re doing everything the right way to avoid being deported or having to resubmit your paperwork, contact an experienced immigration lawyer today.

How Much Money Do I Need to Sponsor My Spouse?

Thu, 07 May 2026 18:31:38 GMT

How Much Money Do I Need to Sponsor My Spouse?

If you’re a U.S. citizen and you want to sponsor your spouse, you’ll need to factor in a few different costs to help your spouse become a permanent green card holder. Unfortunately, just because your spouse is married to you does not automatically give them a green card; they’ll have to apply. Before even applying for this process, you need to make sure you’re eligible.

First, in order to sponsor your spouse, you’ll need to meet the minimum annual income standard of at least $21,550 a year. This amount is assuming that you do not have any children with your spouse and that you are not active military. If either of those conditions are true, this amount may be lower.

Once you’re sure you make that minimum per year, you’re able to officially apply with your spouse for a green card. This process will cost you right under $2,000, not including any additional lawyer fees you may incur. If you’re ready to apply, make sure to follow the steps below to help your spouse obtain a green card. Please note that times listed may be slower due to Coronavirus processing times.

1. Submit Paperwork

Before anything, you’ll need to fill out some paperwork and gather documents to establish the validity of your marriage. This process can take anywhere from a few days to a few months to file your paperwork. The USCIS will review the paperwork between 9-11 months after the filing date. To file, you’ll need the following items:

Form I-130 – You, as the U.S. citizen, must fill out this form to establish that a valid marriage exists. Paperwork that must be included with this form includes proof that the sponsor is a U.S. citizen, evidence of a legal marriage (legal marriage certificate), proof that the marriage is not fraudulent (like a joint bank account or lease), along with a filing fee of $535.
Form I-485 – This form must be filled out by the spouse looking to obtain a green card. This form helps establish that the spouse is eligible for a green card. Paperwork that must be included with this document includes proof of nationality, proof of lawful entry to the United States (such as a visa or travel record), medical exam, and evidence that your spouse can support you financially, along with a filing fee of $1,225.

When filing in the U.S. for adjustment of status, you will not have to pay separate fees for the I-130 and the I-485. The I-130, if filed with the I-485, does not carry a separate fee. Additionally, you will be able to file an I-131, which allows you to travel outside the U.S., and I-765, which allows you to work. Work and travel benefits are granted during the time your application is evaluated.

If you will be attending your visa appointment outside the U.S., then the process differs in that you will be required, following approval of your I-130, to submit your affidavit and DS-260 through the National Visa Center. Once complete, the NVC will transfer your file to the proper consulate to schedule your interview.

2. Attend Your Green Card Interview

After a few months, as long as all documentation and evidence have been properly submitted and accepted, you’ll receive a notice from the USCIS that you’re invited to a green card interview. During this interview, the USCIS officer is looking to determine that all your marriage information is correct. They’ll ask questions about your life, including things like your plans, relationship history, and daily routines together. After the officer finishes this process and approves your application, you’ll be eligible to become a conditional resident if you’ve been married for less than two years.

3. Apply for Your Permanent Green Card

Conditional Green Cards are only valid for two years. You will only receive a conditional green card if you have been married for less than two years prior to submission of your application for lawful permanent residency. Ninety days before your conditional green card expires, you can submit the I-751 form, which is a petition asking to remove conditions from your conditional green card to become a permanent resident.

If you’re confused about the filing process or want to ensure that you’re doing everything the right way to avoid being denied or having to resubmit your paperwork, contact an experienced immigration lawyer today.

Can I Bring My Girlfriend to the USA?

Thu, 07 May 2026 18:27:55 GMT

Can I Bring My Girlfriend to the USA?

If you’re wondering how you can bring your girlfriend to the United States, you’re not alone. Many couples who are from different countries wonder how they can get their significant other over to their location legally. Unfortunately, immigration is not flexible with their immigration rules, and will not give any benefits to unmarried couples.

If you want your significant other to visit you in the United States, they’ll need to apply to come to the U.S. on a visitor visa program. Most citizens of participating countries can travel to the United States for stays of 90 days or less without having to obtain a visa. If you’re looking for a long-term solution, they’ll need a visitor visa to be eligible to stay longer. In order to apply for this visa, they’ll need to meet specific requirements.

This includes:

Your girlfriend must be a citizen of a participating country. The full list is located on the Visa Waiver Program page. If they’re not on this list, they cannot apply for the visitor visa program.
Your girlfriend must obtain a visa for a temporary stay or immigrant visa for permanent residence. The easiest to apply for and most applicable to your situation would be a B-2 tourist visa.
Your girlfriend must fill out the online Nonimmigrant Visa Application, or Form DS-160. Your girlfriend will have to complete the online application and print the application confirmation page, along with submitting a photograph.

Once all requirements have been submitted, your girlfriend will need to schedule herself for an interview at your local U.S. Embassy in the country she lives in. Wait times will vary depending on the location, visa category and season in which she is applying for the visa. Coronavirus has impacted the wait times for interviews, so expect to wait longer than usual for this process to be completed.

What if my girlfriend is denied?

If you find that your girlfriend’s application was denied, there are still a few options you have for her to come visit you in the United States:

Your girlfriend can visit you under the Visa Waiver Program, which allows your girlfriend to stay with you for 90 days or less without a visa. While this isn’t a long-term solution, it does provide a way for her to come visit you.
Get engaged with your girlfriend, as you can sometimes bring your fiancé over to the United States on a K-1 visa.
Get married. This will allow your girlfriend the benefit to apply for a green card, which would be a permanent solution to allow her to come live with you. If you’re trying to get your girlfriend to live in the United States with you, and you’re not sure what your best options are, it’s time to chat with an experienced immigration lawyer to make sure you understand the right way to go about it. You don’t want to make any mistakes that could mess with your chance to bring your loved one to the United States.

Can You Come Back to U.S. After Being Deported?

Thu, 07 May 2026 18:23:14 GMT

Can You Come Back to U.S. After Being Deported?

If you’re trying to come back to the United States after being deported, it can be a complicated and difficult process. However, it’s not impossible. The rules or procedures that must be followed after you’ve been deported depend on the number of violations and the reason you were deported in the first place. To even be able to get back into the United States, you’ll need to be eligible for a green card or visa.

Typical Reasons for Deportation

First, let’s cover the reasons why you might have been deported in the first place. The most common reasons a person is deported are because:

1. You Entered the United States Illegally

By violating the terms of your visa, or entering the country illegally, you make it hard to be considered for re-entry. If you only entered illegally once, for less than six months, you might be able to establish a special case. However, if you were here illegally for more than one year, it will be challenging to develop your case. Every case is different, so it’s important to talk to an immigration lawyer about your specific situation to find an appropriate solution.

2. You Were Charged with a Crime

If you break the law, you will still have consequences to pay. If you’ve committed a crime such as murder, possession of drugs, human trafficking, etc., you are not likely to be re-admitted to the United States.

3. You Are a Threat to U.S. Security

The United States doesn’t think you are safe to stay in the country; this could be for a crime you committed or suspicious activity.

4. You Falsified Documents, or Failed to Register with Immigration

Depending on your situation, there are waivers you can fill out to appeal your removal from the United States. This does not apply if you are a security threat to the United States. However, depending on which one you violated, you may have to wait a certain amount of years before being granted reentry.

The typical times are as follows:

Five Years: Removed upon arrival in the U.S. or removed through an expedited removal proceeding
Ten Years: Removed after a removal hearing in front of an immigration judge, or departed the U.S. while an order of removal was pending
Twenty Years: If you’ve been removed more than once from the United States
Permanent Ban: If you were part of an aggravated felony, or if you’ve reentered the U.S. after being deported.

How to Apply for Permission

After you’ve been deported, you’ll need to fill out the Form I-212. This form is an application for permission to reapply for entry into the United States following your deportation. However, each case can be unique, so if you have a special exception, you may be able to file sooner than the average reapplication times. If you’re confused about the filing process or want to ensure that you’re doing everything the right way to avoid being denied or having to resubmit your paperwork, contact an experienced immigration lawyer today.

How Long after Marrying a U.S. Citizen Can I Get a Green Card?

Thu, 07 May 2026 17:08:40 GMT

How Long after Marrying a U.S. Citizen Can I Get a Green Card?

Marriage to a U.S. citizen makes you eligible for a green card but does not automatically give you one. It’s not as simple as getting married to become a green card holder; specific timelines are involved. It can take 3 to 4 years to officially obtain a permanent green card, depending on whether you live in the United States or abroad.

These times have dramatically changed due to Coronavirus. Your applications will be delayed because the United States Citizenship and Immigration Services offices have been closed to the public, postponing in-person interviews and meetings. However, we’ve created this general timeline to show how the process unfolds during a typical application time if you live in the United States with your spouse.

1. Submit Paperwork

Before anything, you’ll need to fill out some paperwork and gather documents to establish the validity of your marriage. This process can take a few days to months to file your paperwork. The USCIS will review the paperwork 9-11 months after filing. To file, you’ll need the following items:

• Form I-130 – U.S. citizens must fill out this form to establish that a valid marriage exists. Paperwork that must be included with this form includes proof that the sponsor is a U.S. citizen, evidence of a legal marriage (legal marriage certificate), proof that the marriage is not fraudulent (like a joint bank account or lease), and a filing fee of $535.

• Form I-485 – This form must be filled out by the spouse seeking a green card. This form helps establish that the spouse is eligible for a green card. Paperwork that must be included with this document includes proof of nationality, proof of lawful entry to the United States (such as a visa or travel record), a medical exam, and evidence that your spouse can support you financially, along with a filing fee of $1,225.

2. Attend Your Green Card Interview

After a few months, once all documentation and evidence have been correctly submitted and accepted, you’ll receive a notice from the USCIS that you’re invited to a green card interview . During this interview, the USCIS officer is looking to determine that all your marriage information is correct. They’ll ask questions about your life, including your plans, relationship history, and daily routines. After the office finishes this process and approves your application, you can become a conditional resident if you’ve been married for less than two years.

3. Apply for Your Permanent Green Card

Conditional Green Cards are only valid for two years. Ninety days before your conditional green card expires, you can submit the I-751 form, a petition asking to remove conditions from your conditional green card to become a permanent resident.

If you’re confused about the filing process or want to ensure that you’re doing everything right to avoid being denied or having to resubmit your paperwork, contact an experienced immigration lawyer today.

Rick Sterger is a licensed attorney practicing immigration law throughout the United States. His practice, located in San Diego, California, represents clients before the United States Citizenship and Immigration Services, Executive Office of Immigration Review (Immigration Court), Board of Immigration Appeals, and Circuit Courts of Appeals. Rick proudly maintains the practice of providing his initial client consultation for FREE. To schedule a consultation, call (760) 474-2555 today.

Can I Marry in the U.S. On a Tourist Visa?

Thu, 07 May 2026 17:05:34 GMT

Can I Marry in the U.S. On a Tourist Visa?

If you’re from a foreign country and visiting the United States on a tourist visa, you might be wondering if you’re allowed to get married on that tourist visa. There are many stories of people who have been married in the United States on a tourist visa who then apply to become a permanent resident of the United States. What exactly does the legal side of this marriage look like, and is it even possible?

Marriage on a Tourist Visa is Possible

You can get married in the United States if you’re on the visa waiver program or a B-1, B-2 tourist visa. There is no regulation or rule against getting married with a visa. Some people even apply for a tourist visa for the sole purpose of becoming married in the United States. If you’re on a visa and looking to get married with the intention of returning to your home country and not trying to obtain residency, you’re good to go. However, if you’re getting married in the United States to a U.S. citizen and want to stay or achieve residency permanently, there are a few other steps you should be aware of.

How Does It Work?

First, your marriage must be honest. If you come over to the United States on a tourist visa, get married, and apply for a visa, but it’s a fake marriage, you could get in some serious trouble. Immigration officers will not condone fraud, and acting in that manner can land you a permanent ban from the United States.

If you are filing to become a permanent resident with honest intentions, and the marriage is real, you can fill out a form requesting a status application change . During this process, you’ll need to prove that you came to the United States honestly and that the decision to get married was made after already being here. This may be difficult to prove, but not impossible.

Checklist Before Getting Married

Before you jump into getting married, there are a few things you want to consider if you plan to apply for your green card and want to stay in the United States permanently.

• You need to get legally married and not pretend to be married for a green card. The USCIS needs to make sure that it was a good faith marriage. If they suspect fraud, you will be denied or deported.

• Don’t plan to get married right after landing in the United States. This will raise red flags with USCIS that this was your intention all along. Instead, you should wait at least two months before getting married.

• Don’t apply for the adjustment of status before applying for your visa. You must first apply for your visa, get married, and then apply for adjustment of status. If you do it the wrong way, it could be considered fraud and misrepresentation of your intentions.

• Be prepared for any outcome. You may end up being denied and have to return to your home country. If that does happen, you may be able to apply for an immigrant visa through your home country.

If you’re planning to get married in the U.S. on a tourist visa to then apply for a permanent green card, consider chatting with an experienced immigration lawyer to make sure you understand the right way to go about it. You don’t want to make any mistakes that could cost you potential residency.

Rick Sterger is a licensed attorney practicing immigration law throughout the United States. His practice, located in San Diego, California, represents clients before United States Citizenship and Immigration Services, Executive Office of Immigration Review (Immigration Court), Board of Immigration Appeals, and Circuit Courts of Appeals. Rick proudly maintains the practice of providing his initial client consultation for FREE. To schedule a consultation, call (760) 474-2555 today.

Can Marrying Someone Stop Deportation?

Thu, 07 May 2026 17:02:14 GMT

Can Marrying Someone Stop Deportation?

For many years, getting married was a sure way to guarantee legal residency. It qualified your spouse from another country to stay in the United States by applying for a permanent green card by filling out the appropriate paperwork. While that still holds true today, it won’t stop the deportation process or ensure that there is no risk of possible deportation in the future.

Being married can assist in the process of establishing a legal status in the United States. Here are some common situations that may occur to you that can result in deportation.

1. Your History with Immigration

If you’ve entered the country illegally, it will be hard to stop the deportation process. You must enter the United States legally by obtaining a visa or green card so that you’re doing everything by the book. If you only entered illegally once, for less than six months, you might be able to establish a special case with immigration officers. However, if you were here illegally for more than one year, it will be challenging to develop your case. Every case is different, so it’s important to talk to an immigration lawyer about your specific situation to find an appropriate solution.

2. You’ve Committed a Crime

It doesn’t matter if you’re married with a green card. If you break the law, you will still have consequences to pay. If you’ve committed a crime such as murder, possession of drugs, human trafficking, etc., you will not be able to stop the consequences of your offense by getting married. Deportation is still likely to occur in these types of scenarios.

3. Your Application Was Denied

Even if you’ve done nothing wrong, you may not be eligible to apply for a green card. This could be because of your previous immigration history, medical issues, or some other red flag on your application. In this case, even if you’re married, you could be deported because you don’t have the legal documentation, such as a visa or green card, to stay in the United States.

The Safe Way to Stop Deportation

The only safe way to stop deportation is to file your paperwork proactively, before this is an issue, to be considered for permanent residency. To apply for residency, you must follow the following steps after getting married.

You must submit your application. Your application will include Form I-130, which establishes that a valid marriage exists, and Form I-485, which proves that the spouse is eligible for a green card. The forms must be accompanied by the appropriate processing fees and supporting documentation.
You’ll receive confirmation from the USCIS of an in-person interview to determine your application documents’ validity. If approved, you’ll obtain a conditional (if married less than two years) visa or a permanent residency visa (if married over two years).

Rick Sterger is a licensed attorney practicing immigration law throughout the United States. His practice, located in San Diego, California, represents client before United States Citizenship and Immigration Services, Executive Office of Immigration Review (Immigration Court), Board of Immigration Appeals, and Circuit Courts of Appeals. Rick proudly maintains the practice of providing his initial client consultation for FREE. To schedule a consultation, call (760) 474-2555 today.

How Much Does a U.S. Immigration Lawyer Cost?

Thu, 07 May 2026 15:58:07 GMT

How Much Does a U.S. Immigration Lawyer Cost?

If you’ve already started the immigration application process, you probably have been faced with a ton of paperwork, procedures, and questions along the way. It can be difficult and overwhelming if you have never been through this process before. Plus, you are more likely to miss important information or make a mistake on the paperwork simply because you don’t know it well. To make sure you’re filing the correct information and to ensure a quicker process, you should consider consulting a U.S. immigration lawyer.

What is a U.S. Immigration Lawyer?

Cases can sometimes be very complex with layers of different regulations, rules, and laws you need to navigate throughout the process. While some cases are simply a matter of filling out the proper paperwork, most are very specialized and require special knowledge of the law to ensure you’re completing the process correctly. This is where an immigration lawyer is helpful.

Immigration lawyers know how to achieve a successful outcome in your unique case because they specialize in immigration law. They can take care of the paperwork, filing, follow up, court cases, and more so that you don’t have to stress or worry. Immigration lawyers are not the highest-paid lawyers. They know that the clients they work with can have difficulty getting the proper access to resources, such as the right to work, and will often offer modified fees to fit with their clientele. Many opt to charge a flat fee instead of on an hourly basis. This is helpful for clients because if additional paperwork or interviews are needed, you won’t need to pay out of pocket. However, it’s important to note that each specific lawyer will have their own cost structure.

Consultation Process

Before even hiring a lawyer, you’ll first need to expect to pay for the initial consultation. This is a scheduled time where you will sit down with your lawyer to go over your case, any important details, and information about yourself. Your potential lawyer will discuss what the plan of action will be moving forward and will go over the cost of using their services.

The fee for the initial consultation can range from free to $600 depending on the specific lawyer you choose. Lawyers charge an initial consultation fee to ensure they are working with serious clients. Lawyers can’t afford to spend free time on a case, especially if they offer a discounted fee or if the case won’t be able to proceed because there is no current remedy for their situation. Immigration lawyers will ask you to sign a contract at the end of the consultation, but don’t feel pressured to sign right away until you have found the right lawyer. On average, clients will seek consultations of two to four lawyers to find the right trustworthy person to handle their unique case.

Typical Immigration Lawyer Fees

There are a lot of factors that determine the final cost of a lawyer, including the type of visa or permit you’re applying for, level of experience, location, and hourly rates of the lawyer.

1. Type of Application You’re Filing

The cost will depend on the type of application you are filling out because different applications vary in the information that they require. For example, in a Green Card Application, your fee will vary depending on the area where you live. In California, a marriage-based green card can run between $2,000-$6,000 in attorney fees, and a fiancé visa can cost you between $1,500-$4,000. This cost will change if you are based in Florida.

If you are trying to file a Deportation Defense, this is charged differently because the client may need a variety of services including negotiating with a government lawyer, bond hearings, filing motions, and even appearing in court. The prices could be as low as $3,000 or can climb to $20,000 or more depending on the complexity of the case. If you have to appeal, you can expect that price to increase.

According to current immigration law market averages in 2026, here are the average prices for different applications. It’s important to note that these prices will change depending on the location and specific details of your case.

Application for Employment Authorization (Work Permit): $500-1,500
Deportation Defense: $5,000-20,000+
Family-Based Green Card Petition: $2,000-5,000
Adjustment of Status Application: $2,500-6,000
Employment-Based Petitions: $4,000-12,000+
Asylum Application: $4,000-12,000
Citizenship/Naturalization Application: $1,000-3,000

2. The Level of Experience of the Lawyer

If you’re contacting an expert in immigration law, expect to see the prices reflect their experience. If they’ve been successful in their field, you’re paying for their expertise and time. However, if the prices seem way out of line with the rest of the lawyers you’ve contacted, dig deeper to understand if it has to do with experience, or they just overcharge. Check to make sure the lawyer you want to work with is current with their bar membership. If they have the title “consultant” in their title, they are not a real lawyer.

3. Location of the Lawyer

If the immigration lawyer you’re contacting is located in a big city like New York City or Miami, expect to pay a higher price. Big cities are generally more expensive, so the prices need to reflect the overhead that the lawyer would normally incur.

4. Hourly Rates

Generally, hourly rates for immigration lawyers can be anywhere between $250-600 an hour in 2026. Larger firms normally incur a higher overhead, so they’ll charge more than smaller, personal-run firms. However, you can’t base the quality of the lawyer on the size of the firm. Instead, you should judge by their experience in handling similar situations to yours.

What if I Can’t Afford a Lawyer?

You could ask the immigration lawyer to split work to help you save money. This means that you only ask the lawyer to help with complex tasks on an hourly basis while you handle the follow-up work. Most lawyers will not want to participate in this arrangement because they will likely have to undo a lot of mistakes within the work.

It’s important to remember that you need to pay for the quality of service you want. Less expensive does not necessarily mean the best deal. It can end up costing you way more money when you need to get those mistakes fixed. When it comes to something as important as filing immigration papers, it’s better to find a high-quality immigration lawyer who has your best interests in mind.

Is an Immigration Lawyer Worth it?

Thu, 07 May 2026 15:50:44 GMT

Is an Immigration Lawyer Worth it?

If you’re planning to move to the United States or apply for a visa, you should invest in consulting with an immigration lawyer. While you are not required to use a lawyer to file your paperwork or help you through the process, doing everything yourself can leave you prone to common application mistakes. Mistakes can result in your application or visa being delayed or denied. Here is why an immigration lawyer is worth your money.

Easily Identifies Trouble

Before you even start the application process, your immigration lawyer will be able to spot any issues or trouble you may have on your case. Using the internet to research common topics may yield helpful information, but it’s no substitute for an experienced immigration lawyer who has dealt with cases like yours. Your lawyer will be able to assess your case to identify problems or struggles that may arise during the process. Many times, you can fix these issues beforehand to ensure a successful application.

Your Rights Are Protected

Using an experienced immigration lawyer will ensure that your rights are protected throughout your application process. Lawyers know the ins and outs of the legal processes involved with immigration cases and what to do if there is any pushback or struggles. Their expertise becomes essential during delicate matters like deportation proceedings as well as setting limits with an immigration officer for naturalization or permanent resident interviews.

Access to Proper Information

An immigration lawyer will be able to help you with any of your questions, from processing times to the legal requirements needed for your case, which will ensure you’re doing everything possible to present your best case to the court. There are not many reputable sources of information online that can help you with this process. The previously used INFOPASS system, where the public could arrange an appointment at a local Immigration office with a CIS officer, is no longer available. Agencies you find online do not always provide accurate information or charge an astronomical fee for access to basic information.

Protecting Your Best Interest

Immigration lawyers are there to ensure that your best interests are represented throughout your case. The government is not always looking out for you. While often you will be treated fairly and guided to an approved case, it’s wrong to assume every person will do the right thing when assessing your paperwork. Using an immigration lawyer will level the playing field by constructing an immigration strategy and ensuring your case is on track.

Save Your Time

If you make a mistake on the required paperwork or forget to submit supporting documents, you can be assured that your case will most likely be denied. Current policies allow little forgiveness in submitting late paperwork, and officials are told to deny your case if not enough evidence is presented instead of asking for more clarification. You’ll have to start the entire process over to be approved. You can skip all this hassle by trusting an immigration lawyer who has been through this process before to ensure you’re submitting the proper documentation.

You should always consult with an immigration lawyer when you’re submitting your paperwork to migrate or obtain a visa. Immigration lawyers will save you time, money, and ensure that your best interests are prioritized.

What Do Immigration Lawyers Look For?

Thu, 07 May 2026 15:47:55 GMT

What do immigration lawyers look for?

If you’ve hired an Immigration Lawyer to handle your case, you’ve made a wise decision. Not only are they experts when it comes to dealing with immigration cases, but they are also with you every step of the way, from questions to paperwork details. Immigration Lawyers are trained to look for various issues during the process to ensure that you have a higher chance of having your application approved. Here are some of the most common things immigration lawyers will look for.

Missing Forms from Your Application

The forms you fill out are not simple. They are long and contain specific instructions on how they need to be filled out. Missing one of these forms will ensure that your application will be delayed or denied because you don’t have the proper paperwork. Immigration Lawyers ensure that all documents are there and completed before submitting.

Proper Document Translations

Along with your initial application, you’ll have to submit supporting documents to back up the information on your application and prove who you are. Examples of these documents could include marriage certificates, birth certificates, bank accounts, and driver’s licenses. Your documents must be translated into English if you’re not from an English-speaking country. An immigration lawyer will ensure all documents are appropriately translated before submitting your application.

Check Your Background Information for Consistency

If you accidentally put down incorrect information on your background history forms, this is considered lying and could result in being banned from the United States. You must have the correct information about locations, dates, jobs, etc. Immigration Lawyers will make sure your information is consistent and accurate before filing your case.

Correct Application Payment

Immigration Lawyers will check to make sure you’re paying the proper fees required for your specific application. On average, expect to spend at least $1,000 on the application itself. If you send the incorrect amount with your application, it will get returned, causing delays and requiring you to resubmit your application.

Checking Your Signatures

If you don’t sign in the proper place on every form, your application will be denied. An Immigration Lawyer will check every form to ensure that the right person is signing in the appropriate places. There are multiple signatures required, including the applicant and sponsor. Checking this simple detail could be the difference between approval and rejection.

Determining Eligibility to Apply

While this one seems obvious, not everyone is eligible to apply for certain visas or citizenship. There is a list of requirements for each application that must be evaluated before you begin the process. Immigration lawyers ensure that you’re eligible to apply, and if you’re not, they’ll advise on how you can get there. By determining your eligibility, you can save your time, money, and effort.

These are a few of the most common things that an Immigration Lawyer will look for before submitting your application. Ensuring that you’re not making similar mistakes on your own application can make for a smooth application process.

What Do Immigration Lawyers Do?

Thu, 07 May 2026 15:42:56 GMT

What Do Immigration Lawyers Do?

Immigration lawyers differ from most lawyers because they spend most of their time helping others who are having difficulty with immigration requirements. Immigration lawyers act as advisors to foreign immigrants and citizens who must present a case to the United States immigration authorities. This could include a wide range of applications, including citizenship, green cards, deportation issues, naturalization, or employment for those who are not citizens.

While you’re not required to hire an immigration lawyer for these issues, making any mistake on your application can result in deportation, a denied application, or unnecessary delays. It’s necessary to consult an immigration lawyer to ensure you’re getting the proper help and guidance to move your case forward. Let’s talk about precisely what immigration lawyers do during an immigration case.

1. Assess Your Current Situation

Before even starting the process, you’ll set up a consultation with your immigration lawyer. During your time together, you’ll discuss details of your case and specific situation. Once the immigration lawyer understands what your problem is, they’ll be able to advise you of what route to take and what the requirements will be. They’ll find solutions to issues that may be holding you back from applying for a visa or citizenship.

2. Fill Out Paperwork

Whether you’re applying for a visa or citizenship, you can be sure that you’ll need to fill out multiple forms and gather information to prove that you’re eligible for the status you’re seeking. Each application is very long and requires very specific instructions to complete it correctly. If you make a mistake or forget something on your paperwork, you could be denied or face significant delays.

Immigration lawyers deal with this paperwork regularly. They have streamlined processes and the proper knowledge to make sure your application is prepared correctly. Immigration lawyers will ensure that your application is filled out completely and accurately, so you know your case is being pushed in the right direction.

3. Find Solutions to Your Unique Situation

Besides consulting, strategizing, and filling out paperwork, immigration lawyers spend most of their time ensuring that the law is being used in your favor while finding solutions to complicated problems. Some situations that immigration lawyers will work through include:

Medical conditions of the applicant
Previous deportation of the applicant
Speeding up long waits during the application process
Deportation or removal proceedings
Marriage visas
Divorced marriage visas
Work visas
Children immigration visas

These are just a few examples of the types of cases an immigration lawyer may face. Immigration lawyers will work through your specific issue to find a roadmap or solution to your problems. Immigration lawyers are dedicated to your case and ensuring it is taken seriously so you’ll receive the results you need.

Choosing an immigration lawyer for your immigration case is a no-brainer because of how much they contribute to the success of your case. It will save you so much trouble, time, and money by investing your resources in someone who has dealt with a case like yours before.

Can an Immigration Lawyer Speed Up the Process?

Thu, 07 May 2026 15:14:03 GMT

Can an Immigration Lawyer Speed Up the Process?

Can an Immigration Lawyer Speed Up the Process?

Your immigration case might involve a lot of work. While some immigration cases only require basic paperwork, some can be very complicated with different rules, regulations, and laws you must navigate throughout the process.

Immigration lawyers are skilled at helping you achieve a successful outcome in your application process. They know how to handle all your paperwork, court cases, and filings, so you don’t need to worry. Immigration lawyers cannot speed up the wait time for your application process to be approved or for a court date to be set. This process is completed by a government organization, not a private company. Immigration lawyers can help expedite other parts of your immigration application process to ensure no delays or issues with your case.

Keep You Updated

Immigration lawyers do more than help you file paperwork for your application. They also ensure that you are updated on immigration law. The law constantly changes, so it can be tricky without professional help. An immigration lawyer can help you find shortcuts and update you on any law changes to ensure all standards are met when filing your paperwork.

Submit A Flawless Application

One of the most common reasons you may be denied or delayed in your application process is that you didn’t fill out your paperwork correctly. Visa applications can be overwhelming and require many different documents and forms. Filling out the application yourself can only increase the chance of a mistake. Immigration lawyers will ensure you are always using the correct forms and filling them out correctly.

Expedite Processing with USCIS

In certain rare cases, your Escondido immigration lawyer may be able to expedite your immigration case for an additional processing fee. This process does not apply to family visa applications and may only apply to certain work visas. You must have a good reason for expediting your application, or the USCIS will not approve your case. This could include special situations like military deployment, family emergencies, or a medical procedure.

Find Solutions to Tricky Situations

Your application situation will differ because of your background, experience, and life situations. These circumstances may make you ineligible for certain visas or require you to fill out additional paperwork. An immigration lawyer has dealt with similar cases and knows how to navigate these tricky situations. They will ensure all supporting documentation is submitted and you’re eligible for the visa or citizenship you’re applying for.

Pay Attention to Requests

If you are required to submit additional paperwork or have been sent court date information, your immigration lawyer will make sure to handle it. They will go over what you need to do and how to do it to ensure that everything is responded to and addressed promptly. While immigration lawyers can’t speed up your application's processing time with the government, they can ensure that every part of your application is ready to go so there are no further delays.

Rick Sterger is a licensed attorney practicing immigration law throughout the United States. His practice in San Diego, California, represents clients before the United States Citizenship and Immigration Services, Executive Office of Immigration Review (Immigration Court), Board of Immigration Appeals, and Circuit Courts of Appeals. Rick proudly maintains the practice of providing his initial client consultation for FREE. To schedule a consultation, call (760) 474-2555 today.

California Protects Immigrant Children

Thu, 07 May 2026 14:15:39 GMT

California Protects Immigrant Children

The California legislature continues to uphold the protections established by Assembly Bill 899 (codified in Welfare and Institutions Code § 827), which bars juvenile probation officers and officials from referring undocumented youth offenders to ICE. This remains a cornerstone of California's commitment to dealing with the reality of its embedded immigrant population.

While the federal government continues to avoid addressing comprehensive immigration reform, California—bolstered by additional protections like the California Values Act (SB 54) —has successfully removed state-sponsored enforcement measures that previously supported a broken federal immigration system. In 2026, these laws ensure that a minor's confidential juvenile record remains protected from federal authorities, prioritizing rehabilitation and privacy over deportation.

Trump Is WRONG! Immigrants are not Criminals - Review of Empirical Studies Discloses the Facts!

Thu, 07 May 2026 14:11:24 GMT

Trump Is WRONG! Immigrants are not Criminals - Review of Empirical Studies Discloses the Facts!

There has been a great deal of fervor over statements made by President/Former Reality T.V. Personality, Donald Trump, wherein he has expressed strong views on immigration, including claims that Mexico has sent "criminals and drug traffickers" into the United States. A growing body of modern research reviewing studies on immigrants and crime shows the reality is that both legal and undocumented immigrants to the United States are less prone to criminal behavior than those who are U.S.-born. The paper explains the following:

Abstract: For more than a century, innumerable studies have confirmed two simple yet powerful truths about the relationship between immigration and crime:

(1) immigrants are less likely to commit serious crimes or be behind bars than the native-born, and

(2) high rates of immigration are associated with lower or stable rates of violent crime and property crime.

The conclusion is that policies vilifying immigrants and the laws derived from such policies create the perception that immigrants are a criminal class within our society. Laws that make people felons for immigration-related offenses, laws that make legal immigration difficult or impossible for those with minor criminal offenses or past immigration violations, work to turn immigrants into criminals. The research into the correlation of crime and being an immigrant, however, continues to show that, absent laws directed at them as immigrants, immigrants are less prone to criminal behavior than U.S. citizens as a class.

Don't Let You Work Permit Expire; Follow These DACA Renewal Tips from USCIS

Thu, 07 May 2026 14:02:02 GMT

Don't Let You Work Permit Expire; Follow These DACA Renewal Tips from USCIS

Some people wait too long to request DACA renewal or do not correctly submit all the required forms and fees. As a result, their Employment Authorization Documents may expire before USCIS can finish processing their requests for DACA renewal.

You can lessen the chance that this may happen if you:

File on time. Submit your renewal request between 150 days and 120 days before the expiration date listed on your current Form I-797 DACA approval notice and Employment Authorization Document. USCIS continues to recommend this window in 2026 to reduce the risk of gaps in work authorization.
Correctly submit all required forms and fees. USCIS will reject your renewal request unless you properly submit:
Form I-821D, Consideration of Deferred Action for Childhood Arrivals;
Form I-765, Application for Employment Authorization;
Form I-765 Worksheet; and
Required fees of $555 total (this includes the I-765 filing fee and biometrics; fees may change, so always confirm on USCIS.gov before filing).
Avoid processing delays. Be sure to submit:
Any new documents and information related to removal proceedings or criminal history that you have not already submitted to USCIS in a previously approved DACA request,
Proof of advance parole if you have traveled outside the United States since you filed your last DACA request that was approved; and
Proof of any legal name change.
Respond to Requests for Evidence. USCIS may deny your renewal request if you do not respond to a Request for Evidence (RFE) in a timely manner. For complete instructions, go to the official USCIS page for Consideration of Deferred Action for Childhood Arrivals (DACA).

Since USCIS implemented updated notification practices, DACA recipients typically receive renewal reminder notices approximately 150–180 days before expiration , helping ensure applicants have enough time to prepare and submit their renewal requests within the recommended window.

USCIS’ current goal is to process DACA renewal requests within 90 to 120 days , although actual processing times in 2026 may vary depending on workload and location. You may submit an inquiry about the status of your renewal request if it is outside normal processing times by visiting egov.uscis.gov/e-request .

Burglary and Probable Cause: Asserting Your Rights During Arrest

Wed, 06 May 2026 15:55:52 GMT

Burglary and Probable Cause: Asserting Your Rights During Arrest

Being arrested for burglary can be an overwhelming and distressing experience. However, it is crucial to remember that you have rights that protect you during this process. Understanding the concept of probable cause and knowing how to assert your rights can make a considerable difference in the result of your case. We will explore probable cause in this blog post, and we will provide you with practical tips to navigate your arrest.

What is Probable Cause?

Probable cause refers to the reasonable belief that a crime has been committed and that the person being arrested is responsible for it. It is critical in any arrest, as law enforcement officers must have sufficient evidence or facts to support their belief. Understanding what constitutes probable cause can help you assert your rights effectively.

Tips for Asserting Your Rights During Arrest

1. Remain Calm and Cooperative: While it may be challenging, staying calm and cooperative during your arrest is essential. Avoid any confrontational behavior or resistance, as it can worsen the circumstances and potentially lead to additional charges.

2. Ask for Clarification: If you are uncertain about the reason for your arrest, politely ask the arresting officer to clarify the grounds of probable cause. Understanding the specific details can help you and your defense attorney build a strong case.

3. Invoke Your Right to Remain Silent: You have the right to remain silent during the time of your arrest. It is crucial to exercise this right and avoid making any self-incriminating statements. Anything you say can be used against you in court, so it is best to consult an attorney before providing any information.

4. Request Legal Counsel: As soon as you are arrested, invoke your right to an attorney. Contact a criminal defense attorney, such as Sterger Law Group. We can guide you through the legal process, protect your rights, and work to ensure the best possible defense.

5. Document the Arrest: If possible, try to document the arrest by taking note of the officers' names, badge numbers, and any relevant details. This information can be valuable when building your defense or filing a complaint if your rights were violated.

Assert Your Rights with Sterger Law Group

At Sterger Law Group , we understand the complexities of burglary cases and the importance of asserting your rights during an arrest. Our experienced criminal defense attorneys in Escondido, CA, are devoted to protecting our clients' legal rights and ensuring a fair legal process. If you or a loved one is facing burglary charges, contact Sterger Law Group today for a confidential consultation.

Remember, understanding probable cause and knowing how to assert your rights can significantly impact the outcome of your burglary case. You are taking crucial steps toward a strong defense by remaining calm, invoking your right to remain silent, and seeking legal counsel.

Handling Social Media Evidence in Violent Crimes Defense

Wed, 06 May 2026 15:46:10 GMT

Handling Social Media Evidence in Violent Crimes Defense

Nowadays, social media plays a big part in the way we communicate and share information. However, it has also brought new challenges to the legal landscape, especially when it comes to handling social media evidence in violent crime defense cases. At Sterger Law Group , we understand the nuances and complexities that arise in such scenarios. In this blog post, we'll provide you with valuable insights into the strategies and considerations when dealing with social media evidence in the context of violent crime defense.

The Significance of Social Media Evidence

Social media platforms have quickly become a treasure trove of evidence for legal cases. Posts, photos, videos, comments, and even private messages can provide crucial insights into a person's activities, intentions, and relationships. For violent crime defense, this evidence can be both beneficial and challenging. Our team at Sterger Law Group recognizes the importance of thoroughly examining social media content to build a strong defense strategy.

Preserving and Collecting Social Media Evidence

Preserving social media evidence is a critical first step. Content can be deleted, accounts can be made private, or platforms may alter their algorithms, potentially leading to the loss of crucial information.

Analyzing the Context

In violent crime cases, context is key. Social media posts can frequently be taken out of context or misinterpreted. Our team at Sterger Law Group can go deep into the context surrounding the evidence. We can analyze the timing of posts, the relationships between individuals involved, and the potential motivations behind the posts. By presenting a comprehensive view of the circumstances, we aim to paint an accurate picture for the court.

Challenges in Admissibility

While social media evidence can be powerful, its admissibility in court is not always straightforward. Establishing authenticity and reliability is a key factor.

Mitigating Prejudice and Bias

Social media evidence can also potentially trigger biases and prejudices. We can work to ensure that any irrelevant or unfairly prejudicial content is appropriately excluded from the proceedings. Our goal is to provide a fair and balanced representation of the evidence, enabling the court to make informed decisions without undue influence.

Crafting a Compelling Narrative

At Sterger Law Group, we know that presenting the evidence in a coherent and persuasive manner is crucial to our client's cases. We can work closely with our clients to understand their perspectives, and we can use social media evidence strategically to reinforce our defense strategy.

At Sterger Law Group, our dedicated team works tirelessly to preserve, analyze, and present social media evidence in a way that can strengthen clients' defense strategies. If you're facing a violent crime case involving social media evidence, trust Sterger Law Group to provide you with the skilled representation you need.

Theft Crimes and Digital Age: Unraveling Cyber Theft and Online Fraud

Wed, 06 May 2026 15:26:44 GMT

Theft Crimes and Digital Age: Unraveling Cyber Theft and Online Fraud

In today's digital age, the prevalence of cyber theft and online fraud has grown exponentially, posing significant challenges for individuals and businesses. As a leading law firm committed to protecting our clients' interests, Sterger Law Group is dedicated to unraveling the complexities of theft crimes in the digital realm. In this blog post, we will explore the various facets of cyber theft and online fraud and shed light on the importance of legal representation in combating these crimes.

Understanding Cyber Theft

With the rapid advancement of technology, cyber theft has become increasingly sophisticated. Hackers and cybercriminals employ various techniques, such as phishing, malware, ransomware, and identity theft, to gain unauthorized access to sensitive information and financial assets. At Sterger Law Group, our experienced team of attorneys comprehends the intricacies of cyber theft and stays updated with the ever-evolving tactics criminals use.

Online Fraud: A Growing Concern

The rise of e-commerce and digital transactions has opened new avenues for online fraud. Individuals and businesses risk falling victim to deceptive schemes, from credit card fraud to fake online stores. Our firm recognizes the gravity of online fraud and offers comprehensive legal guidance to those affected by fraudulent activities. We work tirelessly to hold perpetrators accountable and recover losses incurred by our clients.

The Role of Legal Representation

Navigating the complex landscape of theft crimes in the digital age requires expertise and a deep understanding of technology and the law. Sterger Law Group combines extensive legal knowledge with a thorough understanding of digital platforms, enabling us to represent our clients effectively. Our attorneys are well-versed in cyber laws and possess the necessary skills to investigate cyber theft incidents, gather evidence, and build strong cases in court.

Protecting Your Interests

If you have fallen victim to cyber theft or online fraud, it is crucial to seek legal assistance promptly. Our firm works diligently to safeguard your interests and pursue justice. We will conduct a thorough investigation to identify the responsible parties, assess the extent of the damages, and develop a strategic legal approach tailored to your specific circumstances.

Collaborating with Law Enforcement

Sterger Law Group understands the importance of effectively collaborating with law enforcement agencies to combat cyber theft and online fraud. We work closely with local, state, and federal authorities, sharing vital information and assisting in apprehending cybercriminals. By joining forces, we aim to make significant strides in preventing and reducing digital theft crimes.

Preventative Measures and Education

At Sterger Law Group, we believe in the power of prevention and education. We not only assist clients who have already experienced cyber theft or online fraud but also strive to raise awareness about potential risks. Our firm offers educational resources, workshops, and seminars to individuals and businesses, equipping them with the knowledge and tools to protect themselves digitally.

Theft crimes in the digital age present unique challenges that demand specialized legal expertise. Sterger Law Group stands at the forefront of the battle against cyber theft and online fraud, providing effective representation to clients impacted by these crimes. By combining our legal proficiency with a deep understanding of digital platforms, we aim to mitigate risks, hold perpetrators accountable, and protect the interests of those affected.

Domestic Violence and Child Custody: Balancing the Best Interests of the Child

Wed, 06 May 2026 15:22:17 GMT

Domestic Violence and Child Custody: Balancing the Best Interests of the Child

At Sterger Law Group, family law matters can be complex and emotionally challenging, especially when domestic violence is involved. Our dedicated team of attorneys is committed to advocating for the child's best interests, particularly in cases where domestic violence has been a factor. In this blog post, we will explore the delicate balance between domestic violence and child custody, highlighting the importance of prioritizing the safety and well-being of the child.

Understanding Domestic Violence and Its Impact

Domestic violence is a serious issue that affects millions of families worldwide. It encompasses various forms of physical, emotional, sexual, and financial abuse. It can leave lasting physical and psychological scars on both the victim and the child. Recognizing the presence and impact of domestic violence is crucial in determining child custody arrangements.

Protecting the Child's Safety

The safety and well-being of the child should always be the top priority when determining child custody in cases involving domestic violence. At Sterger Law Group, we work tirelessly to protect our clients and their children from any potential harm. We collaborate with our clients to gather evidence, such as police reports, medical records, and witness testimonies, to substantiate claims of domestic violence. This evidence is instrumental in persuading the court to make decisions safeguarding the child's best interests.

The Role of the Court

Family courts play a vital role in determining child custody arrangements. When domestic violence is a factor, the court must carefully consider the impact of such violence on the child's physical and emotional well-being. The court's primary objective is to create a safe and stable environment for the child, ensuring they are shielded from harm or potential risks.

Protective Orders and Restraining Orders

In cases involving domestic violence, obtaining a protective order or restraining order is often necessary to ensure the safety of the child and the victimized parent. These legal measures prohibit the abusive party from contacting or coming near the victim and the child. At Sterger Law Group, we assist our clients in obtaining and enforcing these orders, providing them with the necessary protection and peace of mind.

The Importance of Co-Parenting Solutions

While the court focuses on protecting the child's best interests, it is also important to consider maintaining a meaningful relationship between the child and both parents whenever possible. In cases where domestic violence has been present, the court may consider supervised visitation or other co-parenting solutions that prioritize the child's safety while allowing for parental involvement.

Child Custody Evaluations and Expert Testimony

In complex cases involving domestic violence and child custody, the court may appoint a child custody evaluator or expert witness to assess the situation and make recommendations. These professionals evaluate the family dynamics, conduct interviews, and consider the child's well-being. At Sterger Law Group, we work closely with these experts to provide the court with a comprehensive understanding of our client's circumstances and to advocate for the child's best interests.

Balancing the child's best interests and the presence of domestic violence is a delicate process. At Sterger Law Group , we are dedicated to protecting the rights of our clients and their children in cases involving domestic violence and child custody disputes. Our experienced attorneys are here to provide compassionate guidance and effective representation, ensuring that the child's safety and well-being remain at the forefront of all legal proceedings. If you or a loved one is facing a domestic violence-related child custody matter, we encourage you to contact our firm for assistance. Together, we can navigate the legal process and work towards a resolution that promotes the child's best interests.

The Top 3 Mistakes to Avoid in Deportation Defense

Wed, 06 May 2026 13:59:58 GMT

The Top 3 Mistakes to Avoid in Deportation Defense

Deportation defense is a complex and challenging area of law, with high stakes for those involved. Unfortunately, many individuals facing deportation proceedings make critical mistakes that can jeopardize their chances of remaining in the United States. In this blog post, we will discuss strategies for overcoming the top three mistakes in deportation defense and how the experienced attorneys at Sterger Law Group can help you navigate this difficult process.

1. Failing to Understand the Legal Grounds for Deportation

One of the most common mistakes in deportation defense is not fully understanding the legal grounds for deportation. There are several reasons why someone might be deported, including criminal convictions, immigration violations, and national security concerns. It is crucial to know the specific grounds for your deportation so that you can build a targeted and effective defense strategy.

U.S. Citizenship and Immigration Services (USCIS) provides a comprehensive list of the grounds for deportability, which can be a helpful starting point for understanding your situation.
Consulting with an experienced deportation defense attorney can also help you identify the legal grounds for your deportation and develop a plan to address them.

2. Not Gathering Sufficient Evidence to Support Your Case

Another common mistake in deportation defense is failing to gather enough evidence to support your case. This can include documentation that demonstrates your ties to the United States, such as employment records, tax returns, and letters of support from friends and family. Additionally, evidence that shows rehabilitation or positive changes in your life since any criminal convictions or immigration violations can be crucial in persuading an immigration judge to grant you relief from deportation.

The American Bar Association (ABA) offers resources for attorneys representing immigrants, which can help you understand the types of evidence that may be useful in your case.
Working with a knowledgeable deportation defense attorney can ensure that you gather all the necessary evidence to present a strong case.

3. Not Exploring All Available Forms of Relief

Finally, one of the biggest mistakes in deportation defense is not exploring all available forms of relief. There are several different forms of relief that may be available to you, depending on your circumstances. These can include cancellation of removal, waivers of inadmissibility, asylum, and adjustment of status. Failing to consider all possible forms of relief can result in missed opportunities and ultimately, deportation.

The Executive Office for Immigration Review (EOIR) provides information on the various forms of relief available to individuals facing deportation proceedings.
Consulting with a skilled deportation defense attorney can help you identify all possible forms of relief and determine which ones may be most beneficial for your case.

At Sterger Law Group , we understand the complexities of deportation defense and are committed to helping our clients build the strongest possible case. Our experienced attorneys can help you avoid the common mistakes discussed in this blog post and guide you through the process, ensuring that you have the best chance of remaining in the United States. Contact us today to learn more about our deportation defense services and how we can help you.

What Happens When You Get a DUI in California?

Wed, 06 May 2026 13:52:33 GMT

What Happens When You Get a DUI in California?

When drivers are arrested on suspicion of driving under the influence (DUI) in California – with the influence being either alcohol or drugs – two legal proceedings are triggered. The first of these proceedings is criminal, whereby the alleged offender will be charged with a crime. In simple terms, the court will see whether the individual concerned committed an offense against the state by driving under the influence.

Second, an optional California Department of Motor Vehicles (DMV) administrative hearing may be held, whereby it will be decided whether the defendant will have their driver’s license taken away. The suspension of the defendant’s license is the only penalty the DMV hearing officer may impose. In other words, the DMV hearing is separate from the criminal case. Criminal penalties can only be imposed by a court of criminal law. In contrast, the driver’s license might be suspended by both the California DMV as well as by the court.

At Sterger Law Group , our attorney represents individuals at DUI criminal and administrative proceedings in Escondido. Schedule a consultation by calling (760) 280-7900 or submitting an online contact form today.

Is the DMV Hearing Automatic?

It is essential to state that a hearing at the DMV does not come automatically. Defendants who want to fight the automatic suspension of their driver’s license after being charged with a DUI offense must request a hearing within 10 days of their arrest. If a hearing is not requested, their driver’s license will be suspended for six months if the defendant is a first-time offender. Needless to say, the license will be suspended as well if the defendant loses their hearing.

How Does the DUI Criminal Process Work?

Unlike the Department of Motor Vehicles hearing, a criminal trial is not optional. In fact, attending the hearing is mandatory if the prosecutor decides to charge you. Once the official charge has been entered in the form of a complaint, the defendant and their attorney are expected to attend all proceedings, including the arraignment, during which the accused must plead guilty, not guilty, or no contest.

It should also be mentioned that the criminal court can impose significant penalties on defendants in addition to suspending their driver’s licenses.

Among these penalties are:

A fine,
Probation, and/or
Jail time.

Moreover, while the Department of Motor Vehicles hearing cannot impact the criminal case, the criminal case can have a considerable bearing on the DMV hearing. This is because if the defendant is found not guilty in criminal court, the Department will usually allow the defendant to keep their driver’s license by reversing the suspension. However, for this to be done, the hearing officer must ascertain that the defendant was found not guilty based upon the facts at hand and because they did not commit a crime, and not because of technicalities such as the statute of limitations, for example.

Retaining Legal Representation Is Important

Given all that’s involved in a California DUI case, it is paramount for defendants charged with a DUI offense to contact a criminal defense attorney immediately. The accused must act promptly to avoid administrative action that cannot be challenged after the ten-day window passes. While the administrative hearing is important, it is essential to prioritize the criminal case rather than the Department of Motor Vehicles hearing. This is especially true since the criminal case can potentially impact the DMV hearing, but not the other way around.

If you need legal assistance with DUI criminal and/or administrative proceedings, please contact our Escondido lawyer at Sterger Law Group by calling (760) 280-7900 today.

The Role of a DUI Lawyer

Wed, 06 May 2026 13:51:01 GMT

The Role of a DUI Lawyer

Simply put, a DUI lawyer is a lawyer who focuses on cases related to driving under the influence. People may be charged for driving under the influence for alcohol or drugs, or both. Generally speaking, most individuals caught driving under the influence face criminal charges. However, administrative license suspension charges will often accompany charges for driving under the influence. In injury or property damage cases, civil penalties may also arise.

Strictly speaking, most attorneys can defend individuals accused of driving under the influence. However, not every attorney has the necessary historical and legal knowledge associated with this particular area of the law. For this reason, hiring a lawyer who specializes in DUI cases is an advantage.

DUI cases are common, and particular strategies are associated with defenses relating to such cases. Furthermore, penalties for driving under the influence can be quite severe, even if the perpetrator is a first-time offender. This is why an attorney specializing in DUI cases should be hired if facing DUI charges.

Can Any Lawyer Be a DUI Lawyer?

If a lawyer has passed the bar and is licensed to practice law, they can act as a defense attorney in DUI cases. However, as previously stated, it makes much more sense to hire an attorney who specializes in such cases for extra peace of mind.

If an individual cannot afford to hire a DUI lawyer, a public defender will be assigned to them since the right to an attorney is protected by the Sixth Amendment. However, while an attorney will be provided, there’s no guarantee that this attorney specializes in cases relating to driving under the influence. Furthermore, public defenders usually have many cases assigned to them at any given time. Therefore, it can be difficult for them to build a strong defense because they might lack the specialized knowledge and time needed to familiarize themselves with DUI specifics and the area’s legal history.

Accordingly, it is recommended that individuals seeking the strongest DUI defense opt for an attorney who handles DUIs, if they can afford one.

How Do I Know If a Lawyer Specializes in DUI?

Lawyers specializing in DUI will advertise their services accordingly. They will probably reject some cases in other areas of the law in order to focus on DUI cases instead. Furthermore, special qualifications relating to the defense of driving under the influence can also be evidence of expertise in this regard. Naturally, not all DUI lawyers have these certifications. However, the more knowledge they are proven to have, the more likely they’ll be able to help you in the courtroom.

It is essential to hire a DUI lawyer, even if you don’t think you have a chance in court. Even if you’re convinced that you’re guilty, a seasoned DUI lawyer may be able to persuade the court to give you a lesser penalty, depending on your past behavior. Secondly, certain evidence might be defective, and if your lawyer can get this evidence thrown out, it is a genuine possibility that the prosecution will not be able to prove guilt beyond a reasonable doubt. Needless to say, where guilt beyond a reasonable doubt is not proven, you WIN!

If you would like to discuss more with an experienced attorney, do not hesitate to contact us online or call (760) 474-2555.

How Long Does SIJS Take to Process?

Wed, 06 May 2026 13:49:14 GMT

How Long Does SIJS Take to Process?

Special Immigrant Juvenile Status is available for children or youths that have been abused, abandoned, or neglected by a parent, and are already on United States soil. This status needs to be applied for and, once it is granted, the special immigrant juvenile might also be eligible to obtain a Green Card. Naturally, one needs to apply for both juvenile status and permanent residency if both are to be obtained, and in order to do so, various forms must be submitted.

In relation to SIJ status, you must provide the U.S. Citizenship and Immigration Services with the following documents:

Form I-360;
Evidence of the immigrant’s age (which might include one’s birth certificate, identity card document, or passport); and
A valid juvenile court order.

Furthermore, if the juvenile is in the custody of the U.S. Department of Health and Human Services (HHS), then written consent must be obtained by the Department. Moreover, if the juvenile has a representative or an attorney, then Form G-28 also needs to be completed.

Once these forms have been filled out and submitted to the U.S. Citizenship and Immigration Services, then the latter will send the applicant a Notice of Action, which shows the date when the application was received and its receipt number. It should also be noted that the USCIS might contact the applicant for further information if they feel they need this information to come to a decision about the applicant.

What If the Applicant Has Also Filed Form I-485?

If the applicant has filed Form I-485, then USCIS will send the applicant an appointment for their fingerprints and photographs to be taken. They will also be asked to submit Form I-693, which concerns a Report of Medical Examination and Vaccination Records (if this was not previously submitted). In this case, USCIS might also contact the applicant for further information to be provided, should they feel it is needed.How Long Will Applicants Have to Wait for Their Petition to Be Processed?

The U.S. Citizenship and Immigration Services typically processes applications and petitions within 180 days from the date the application was filed. It should be noted that if not enough information is provided, delays might be encountered until the required data is handed to USCIS. However, while Form I-360 takes 180 days to be processed, this is not the case for Form I-485, which often takes longer to process.

Once the Special Immigrant Juvenile Status application is processed, Immigration Services will then send a notice of approval or else a written decision informing the applicant why their application was rejected and how an appeal can be launched. Likewise, when one’s Form I-485 is approved, USCIS will send an approval notice. If, on the other hand, the application is denied, the applicant might file a motion to renew, reopen, or else reconsider the application in court.

If you would like to discuss more with an experienced attorney, do not hesitate to contact us online or call (760) 474-2555 .

Can I Be Deported If I Am Married to a U.S. Citizen?

Fri, 19 Feb 2021 22:21:51 GMT

Many immigrants consider getting married to a U.S. citizen to obtain a green card. Having a green card can give you a sense of home and security. It allows you to live and work within the United States legally. However, many wonder if you can be deported if you’re married to a U.S. citizen.

Yes, it is possible to be deported . It’s important to remember that being married to a U.S. citizen allows you the eligibility to become a green card holder but does not automatically grant you a green card. Here are some of the possible reasons you might get deported even if you are married to a U.S. citizen.

Why Could You Be Deported?

Entering a marriage does not make you an automatic green card holder. You can still get deported for not meeting the qualifications needed to obtain a green card or if you commit certain crimes. We’ll dive deeper into each of those topics to understand what precisely will get you deported.

Not Green Card Eligible

To get a green card, you must meet a few different qualifications. If you’re unable to meet these qualifications, you will be deported. Marriage doesn’t guarantee your permanent residency in the United States. To apply for a green card, you need to meet the following qualifications.

• Be in a Real Marriage – You will have to prove to the United States Citizenship and Immigration Services or USCIS that your marriage is real. The USCIS will test both husband and wife through various interviews to confirm the validity of your marriage. They’ll inspect documents and make unannounced home visits to ensure everything you’ve provided is accurate.

• Enter the U.S. Lawfully – It’s essential that you entered the United States lawfully and that you did not enter by illegally crossing the border. This can disqualify you for a green card unless you file a special waiver. If this is your situation, it’s essential to contact an immigration attorney to file the proper paperwork.

• Prove Your Income – You’ll have to be able to prove that you can meet a minimum amount of income. The United States does not want to take on another burden for taxpayers.

• Pass a Medical Exam – If you’re a health risk to United States citizens, you won’t be eligible for a green card. You can become ineligible if you have illnesses such as gonorrhea, infectious leprosy, tuberculosis, or syphilis.

Committing a Crime

Even if you have met all the criteria to obtain a green card or own a current green card, you could potentially be deported for committing a crime. Some examples of crimes that will get you deported include aggravated felonies, possession of drugs, robbery, theft, fraud, or murder.

It is possible to be deported even if you’re married to a U.S. citizen. However, this will only happen during specific circumstances. If you feel like any of these situations might apply to you, it’s best to consult with an immigration lawyer to see what your best options or next steps should be.

FOR YOUR FREE INITIAL CONSULTATION WITH THE IMMIGRATION GUY, CALL 555-555-5556 .

Can an Immigration Lawyer Speed Up the Process?

Mon, 01 Feb 2021 22:16:44 GMT

Deerfield Employment Law Firm

Who Is Considered to Be a Special Immigrant?

Who Is Considered to Be a Special Immigrant? ﻿

What Is Needed from a State Court to Obtain Special Immigrant Juvenile Status?

Who Qualifies for Special Immigrant Juvenile Status?

Who Qualifies for Special Immigrant Juvenile Status? ﻿

Are There Any Restrictions on Applicants Who Meet All of the Criteria?

What Is a Special Immigrant Juvenile Visa?

What Is a Special Immigrant Juvenile Visa? ﻿

Who Is Eligible for Special Immigrant Juvenile Status, and What Are the Benefits?

Are There Any Negative Issues Associated with Juvenile Visas?

Who Is Eligible for a Green Card?

Who Is Eligible for a Green Card?

What Is a Green Card?

Who Is Eligible for a Green Card?

How Do I Apply for a Green Card?

How Long Does It Take to Get a Green Card for Parents?

How Long Does It Take to Get a Green Card for Parents?

What Is the Easiest Way to Get a Green Card?

What Is the Easiest Way to Get a Green Card?

Can a U.S. Citizen Sponsor Brother?

Can a U.S. Citizen Sponsor Brother?

How to Apply for a Green Card for Sisters and Brothers

How Long Will My Application Take?

Can a U.S. Citizen Sponsor a Friend?

Can a U.S. Citizen Sponsor a Friend?

Income Requirements to Sponsor a Friend

How to File Your Affidavit

What Happens If You Marry a U.S. Citizen?

What Happens If You Marry a U.S. Citizen?

Submit Your Paperwork to Obtain a Green Card

How Much Money Do I Need to Sponsor My Spouse?

How Much Money Do I Need to Sponsor My Spouse?

1. Submit Paperwork

2. Attend Your Green Card Interview

3. Apply for Your Permanent Green Card

Can I Bring My Girlfriend to the USA?

Can I Bring My Girlfriend to the USA?

What if my girlfriend is denied?

Can You Come Back to U.S. After Being Deported?

Can You Come Back to U.S. After Being Deported?

Typical Reasons for Deportation

1. You Entered the United States Illegally

2. You Were Charged with a Crime

3. You Are a Threat to U.S. Security

4. You Falsified Documents, or Failed to Register with Immigration

How to Apply for Permission

How Long after Marrying a U.S. Citizen Can I Get a Green Card?

How Long after Marrying a U.S. Citizen Can I Get a Green Card?

Can I Marry in the U.S. On a Tourist Visa?

Can I Marry in the U.S. On a Tourist Visa?

Marriage on a Tourist Visa is Possible

How Does It Work?

Checklist Before Getting Married

Can Marrying Someone Stop Deportation?

Can Marrying Someone Stop Deportation?

The Safe Way to Stop Deportation

How Much Does a U.S. Immigration Lawyer Cost?

How Much Does a U.S. Immigration Lawyer Cost?

What is a U.S. Immigration Lawyer?

Consultation Process

Typical Immigration Lawyer Fees

1. Type of Application You’re Filing

2. The Level of Experience of the Lawyer

3. Location of the Lawyer

4. Hourly Rates

What if I Can’t Afford a Lawyer?

Is an Immigration Lawyer Worth it?

Is an Immigration Lawyer Worth it?

What Do Immigration Lawyers Look For?

What do immigration lawyers look for?

What Do Immigration Lawyers Do?

What Do Immigration Lawyers Do?

Can an Immigration Lawyer Speed Up the Process?

Can an Immigration Lawyer Speed Up the Process?

California Protects Immigrant Children

California Protects Immigrant Children

Trump Is WRONG! Immigrants are not Criminals - Review of Empirical Studies Discloses the Facts!

Trump Is WRONG! Immigrants are not Criminals - Review of Empirical Studies Discloses the Facts!

Don't Let You Work Permit Expire; Follow These DACA Renewal Tips from USCIS

Who Is Considered to Be a Special Immigrant?

Who Qualifies for Special Immigrant Juvenile Status?

What Is a Special Immigrant Juvenile Visa?

FOR YOUR FREE INITIAL CONSULTATION WITH THE IMMIGRATION GUY, CALL 555-555-5556 .

FOR YOUR FREE INITIAL CONSULTATION WITH THE IMMIGRATION GUY, CALL 555-555-5556 .