Coachings Archive - Kraus Law Corporation https://krauslawcorp.com/coaching/ San Diego's leading immigration attorney Tue, 17 Oct 2023 18:42:45 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 https://krauslawcorp.com/wp-content/uploads/2020/08/favicon.ico Coachings Archive - Kraus Law Corporation https://krauslawcorp.com/coaching/ 32 32 230796241 U-Visas Victims of Criminal Activity: U Nonimmigrant Status https://krauslawcorp.com/coaching/u-visas/ Wed, 05 Aug 2020 10:38:10 +0000 https://visarzo.smartdemowp.com/coachings/skills-exam-copy-5/ To be eligible for a U visa, a victim of a qualifying crime must meet the following requirements: 1. They […]

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To be eligible for a U visa, a victim of a qualifying crime must meet the following requirements:

1. They must have suffered substantial physical or mental abuse as a result of the crime;
2. They must have information about the crime and be willing to cooperate or cooperated with law enforcement in the investigation or prosecution of the crime;
3. They must be admissible to the United States or be able to obtain a waiver of any inadmissibility grounds.

Qualifying crimes for a U visa include domestic violence, sexual assault, human trafficking, kidnapping, and other violent crimes. To apply for a U visa, the victim must submit a U visa certification from a law enforcement agency or prosecutor confirming that they have been helpful in the investigation or prosecution of the crime.

If approved, a U visa holder can stay in the United States for up to four years and may be eligible to apply for a green card after three years. Additionally, certain family members of the U visa holder may also be eligible for a derivative U visa.

Frequently asked Questions

  • What is a U Visa?

    A U Visa is a non-immigrant visa that provides temporary legal status to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime.

  • Who is Eligible for a U Visa?

    To be eligible for a U Visa, you must be the victim of a qualifying crime, have suffered significant physical or mental abuse as a result of the crime, and be willing to assist law enforcement in the investigation or prosecution of the crime.

  • What Crimes Qualify for U Visa Eligibility?

    Qualifying crimes include but are not limited to domestic violence, sexual assault, human trafficking, kidnapping, and certain other crimes listed by the U.S. government.

  • Can Family Members of U Visa Holders Apply for Derivative U Visas?

    Yes, certain family members of U Visa recipients, including spouses, children, parents, and unmarried siblings under 18 years old, may be eligible to apply for derivative U Visas.

  • How Do I Apply for a U Visa?

    To apply for a U Visa, you must submit a Form I-918, Petition for U Nonimmigrant Status, along with required supporting documents, to U.S. Citizenship and Immigration Services (USCIS).

  • Can U Visa Holders Apply for Permanent Residency (Green Card)?

    Yes, U Visa holders may be eligible to apply for a green card (lawful permanent residency) after three years, provided they have met certain requirements.

  • Is There a Cap on the Number of U Visas Issued Each Year?

    Yes, there is an annual cap of 10,000 U Visas issued each fiscal year. However, certain exemptions and unused visas from previous years may be available.

  • Can U Visa Holders Apply for Work Authorization?

    Yes, U Visa recipients can apply for work authorization, allowing them to legally work in the United States.

  • Can U Visa Holders Travel Outside the United States?

    U Visa holders may be eligible to apply for travel authorization (Advance Parole) to temporarily leave the U.S. for specific purposes.

  • Can U Visa Recipients Apply for Public Benefits?

    U Visa holders may be eligible for certain public benefits, including social services, health care, and educational assistance, depending on state and federal laws.

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]]> 424 Fiance Visa (K-1) https://krauslawcorp.com/coaching/fiance-visa-k1/ Wed, 05 Aug 2020 10:38:07 +0000 https://visarzo.smartdemowp.com/coachings/skills-exam-copy-4/ To qualify for a fiancé visa, the U.S. citizen petitioner must meet certain requirements, such as proving that they have […]

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To qualify for a fiancé visa, the U.S. citizen petitioner must meet certain requirements, such as proving that they have a bona fide relationship with their fiancé(e). The foreign national fiancé(e) must also meet certain requirements, such as passing a background check and proving that they are not inadmissible to the U.S. for reasons such as criminal history or health issues.

Frequently asked Questions

  • What is a K-1 Visa?

    A K-1 visa is a non-immigrant visa that allows the fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married.

  • Who is Eligible for a K-1 Visa?

    To be eligible for a K-1 visa, you must be engaged to a U.S. citizen, both parties must be legally free to marry, and you must have met your U.S. citizen fiancé(e) in person within the two-year period before filing the petition.

  • How Do I Apply for a K-1 Visa?

    To apply for a K-1 visa, the U.S. citizen sponsor must file Form I-129F, Petition for Alien Fiancé(e), with U.S. Citizenship and Immigration Services (USCIS).

  • What Documents are Required for a K-1 Visa Application?

    The required documents for a K-1 visa application typically include the completed Form I-129F, evidence of the U.S. citizen's citizenship and financial support, proof of meeting in person, and any required translations.

  • Can My Children Come with Me on a K-1 Visa?

    Yes, children of the fiancé(e) (unmarried and under 21 years old) can apply for K-2 visas to accompany the fiancé(e) to the U.S.

  • What Happens After the K-1 Visa is Approved?

    Once the K-1 visa is approved, the fiancé(e) can travel to the U.S. and has 90 days to marry the U.S. citizen sponsor.

  • Can I Work in the U.S. on a K-1 Visa?

    After entering the U.S. on a K-1 visa, you can apply for work authorization by filing Form I-765, Application for Employment Authorization, with USCIS.

  • Can I Apply for a Green Card (Permanent Residency) after Marrying on a K-1 Visa?

    Yes, after marrying the U.S. citizen sponsor, you can apply for adjustment of status to obtain a green card and become a lawful permanent resident.

  • Can I Travel Outside the U.S. on a K-1 Visa?

    Once you enter the U.S. on a K-1 visa, you may travel outside the U.S. with the intention of returning, but it's generally recommended to wait until you've obtained advance parole (travel authorization) to avoid any complications.

  • What Happens if the Marriage Does Not Take Place Within 90 Days?

    If the marriage does not occur within the 90-day period, the K-1 visa holder must leave the U.S. unless they apply for an extension or change of status.

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]]> 423 N-400 Applications for Naturalization https://krauslawcorp.com/coaching/n-400/ Wed, 05 Aug 2020 10:38:05 +0000 https://visarzo.smartdemowp.com/coachings/skills-exam-copy-3/ To be eligible for naturalization, an individual must meet certain requirements, including: They must be at least 18 years old; […]

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To be eligible for naturalization, an individual must meet certain requirements, including:

They must be at least 18 years old;
They must be a lawful permanent resident of the United States for a certain period of time (usually 5 years, or 3 years if they are married to a U.S. citizen);
They must have lived within the state or USCIS district where they are filing the application for at least 3 months;
They must be able to speak, read, and write basic English;
They must have a basic knowledge of U.S. history and government;
They must be a person of good moral character.

To apply for naturalization, an individual must complete and file Form N-400 with USCIS. The application must include supporting documentation, such as proof of their lawful permanent resident status, evidence of their physical presence in the United States, and any required fees.

After filing the N-400 application, the individual may be required to attend a biometrics appointment to provide fingerprints and photographs, and may be required to attend an interview with a USCIS officer to answer questions about their application, background, and eligibility for naturalization.

If the application is approved, the individual attends a naturalization ceremony where they take the Oath of Allegiance to the United States, and receive their Certificate of Naturalization, which proves that they are a U.S. citizen.

Frequently asked Questions

  • What is the N-400 Form?

    The N-400 form is the official application for U.S. citizenship through naturalization. It is used by lawful permanent residents (green card holders) to apply for citizenship.

  • Who is Eligible to File Form N-400?

    Generally, lawful permanent residents who have met certain eligibility requirements, including residency and physical presence, can file the N-400 form.

  • How Long Do I Need to Be a Lawful Permanent Resident Before I Can Apply for Citizenship?

    In most cases, you must have been a lawful permanent resident for at least 5 years before you can apply for citizenship. However, there are exceptions for certain spouses of U.S. citizens and members of the military.

  • Can I Apply for Naturalization If I Am Married to a U.S. Citizen?

    Yes, spouses of U.S. citizens may be eligible to apply for naturalization after being a lawful permanent resident for 3 years, provided they meet other eligibility criteria.

  • Are There Exceptions for Military Service Members?

    Yes, certain members of the U.S. military and their qualifying family members may be eligible for expedited or special considerations in the naturalization process.

  • How Do I Apply for a Fee Waiver for the N-400 Form?

    You can request a fee waiver for the N-400 form if you meet certain income requirements. The USCIS provides specific guidelines for determining eligibility for a fee waiver.

  • What Happens After I Submit My N-400 Application?

    After you submit your N-400 application, you will receive a receipt notice from USCIS. You may then be scheduled for a biometrics appointment, an interview, and, if approved, you will receive a notice for the oath ceremony.

  • What Happens at the Naturalization Interview?

    At the naturalization interview, a USCIS officer will review your application, ask you questions about your background, English language skills, and knowledge of U.S. government and history. You will also take the English and civics tests.

  • What Happens If My N-400 Application is Approved?

    If your N-400 application is approved, you will receive a notice for the oath ceremony, where you will take the Oath of Allegiance and officially become a U.S. citizen.

  • Can My N-400 Application Be Denied?

    Yes, your N-400 application can be denied if you do not meet the eligibility criteria, fail the English or civics tests, or if there are issues with your background or supporting documents.

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]]> 422 I-485 Application to Register Permanent Residence or Adjust Status https://krauslawcorp.com/coaching/i-485/ Wed, 05 Aug 2020 10:38:02 +0000 https://visarzo.smartdemowp.com/coachings/skills-exam-copy-2/ The I-485 serves as a gateway to acquiring the privileges and responsibilities associated with lawful permanent residency, providing individuals with […]

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The I-485 serves as a gateway to acquiring the privileges and responsibilities associated with lawful permanent residency, providing individuals with the opportunity to establish a lasting presence in the country. Through this application, eligible candidates may attain the ability to live and work in the U.S. indefinitely, as well as gain access to various social benefits and protections offered to permanent residents.

To complete the I-485 process, applicants are required to submit a comprehensive set of supporting documents, which may encompass vital records, proof of financial stability, medical examination results, passport photos, and any other relevant documentation as specified by the U.S. Citizenship and Immigration Services (USCIS). Additionally, applicants are encouraged to comply with all necessary medical examinations and vaccinations, in accordance with the established guidelines.

One of the distinctive features of the I-485 process is the provision for derivative beneficiaries, allowing eligible dependents such as spouses and unmarried children under 21 years of age to be included in the primary applicant's application. This provision facilitates family unity and expedites the process for immediate family members to secure permanent resident status concurrently.

While the I-485 application is a pivotal step towards achieving lawful permanent residency, it is important to note that processing times can vary depending on factors such as the applicant's specific immigration category, USCIS workload, and any potential delays or requests for additional information. Therefore, applicants are encouraged to stay informed about the status of their application through official USCIS channels.

Upon successful approval of the I-485 application, applicants are granted lawful permanent resident status, culminating in the issuance of a green card. This highly coveted document serves as tangible proof of an individual's newfound legal status, signifying their official integration into the fabric of American society.

In summary, the I-485 application process is a pivotal and transformative phase for individuals seeking to establish permanent residency in the United States. By providing a clear pathway to lawful permanent resident status, it affords applicants the opportunity to build a stable, long-term foundation within the country, enabling them to contribute to their communities and partake in the opportunities offered by their adopted homeland.

Frequently asked Questions

  • What is the I-485 Form?

    The I-485 form is used to apply for lawful permanent resident status (green card) in the United States. It is typically filed by individuals who are already in the U.S. and wish to adjust their status to become permanent residents.

  • Who is Eligible to File Form I-485?

    Eligibility for filing Form I-485 varies depending on the individual's immigration status, family relationships, employment, or other specific circumstances. For example, immediate relatives of U.S. citizens and certain employment-based applicants may be eligible.

  • Can I File Form I-485 if I am Outside of the U.S.?

    No, the I-485 form is specifically for individuals who are physically present in the United States and wish to adjust their status to permanent residency.

  • What Supporting Documents Are Required for Form I-485?

    The supporting documents required for Form I-485 may include birth certificates, marriage certificates (if applicable), passport photos, medical examination results, and any other relevant documents.

  • Can I Work While My I-485 Application is Pending?

    If you have an eligible visa status, you may be able to apply for work authorization while your I-485 application is pending. This is done by filing Form I-765, Application for Employment Authorization.

  • Can I Travel Outside the U.S. While My I-485 Application is Pending?

    If you leave the U.S. while your I-485 application is pending, it may be considered abandoned. You may apply for Advance Parole (Form I-131) to allow for temporary travel outside the U.S. while your application is pending.

  • How Long Does It Take for USCIS to Process Form I-485?

    Processing times for Form I-485 can vary widely depending on factors like the applicant's immigration category, USCIS workload, and any potential delays or requests for additional information.

  • Can I Include Dependents on My I-485 Application?

    Yes, you can include eligible dependents (spouse and unmarried children under 21) on your I-485 application as derivative beneficiaries.

  • Can I Apply for a Green Card if I Entered the U.S. Illegally?

    In certain cases, individuals who entered the U.S. without inspection may still be eligible to apply for adjustment of status through a qualifying family relationship or employment opportunity.

  • What Happens After My I-485 Application is Approved?

    If your I-485 application is approved, you will receive your green card, which grants you lawful permanent resident status in the United States.

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]]> 421 N-600 Application for Certificate of Citizenship https://krauslawcorp.com/coaching/n-600/ Wed, 05 Aug 2020 10:37:59 +0000 https://visarzo.smartdemowp.com/coachings/skills-exam-copy/ There are two ways that an individual may be eligible for a certificate of citizenship: 1. Acquired Citizenship: An individual […]

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There are two ways that an individual may be eligible for a certificate of citizenship:

1. Acquired Citizenship:
An individual who is born outside of the United States to U.S. citizen parents may acquire U.S. citizenship at birth if certain requirements are met, such as if one or both parents were U.S. citizens at the time of the individual's birth and had lived in the United States for a certain period of time.

2. Derived Citizenship:
An individual who is born outside of the United States to one U.S. citizen parent and one non-U.S. citizen parent may derive U.S. citizenship if certain requirements are met, such as if the U.S. citizen parent lived in the United States for a certain period of time before the individual's birth and met other residency requirements.

To apply for a certificate of citizenship, an individual must complete and file Form N-600 with USCIS. The application must include supporting documentation, such as the individual's birth certificate, proof of their parents' U.S. citizenship, and evidence of their parent's residency in the United States.

Frequently asked Questions

  • What is the N-600 Form?

    The N-600 form is an application for a Certificate of Citizenship. It is used to obtain proof of U.S. citizenship for individuals who acquired or derived citizenship through their parents.

  • Who is Eligible to File Form N-600?

    The N-600 form is typically filed on behalf of a minor child who meets certain criteria for acquiring or deriving U.S. citizenship through their parents.

  • Can Adults Apply for a Certificate of Citizenship with Form N-600?

    While the N-600 is primarily for children, there are specific situations in which adults may also apply, such as when they became U.S. citizens through their parents after their 18th birthday.

  • What Documentation is Required to File Form N-600?

    The documentation required for the N-600 form may include birth certificates, marriage certificates, evidence of lawful permanent residency or U.S. citizenship of the parents, and any other relevant supporting documents.

  • Can Adopted Children Apply for a Certificate of Citizenship?

    Yes, adopted children who meet the criteria for acquiring or deriving U.S. citizenship through their adoptive parents are eligible to apply for a Certificate of Citizenship using the N-600 form.

  • How Long Does it Take to Process Form N-600?

    Processing times for the N-600 form can vary depending on factors such as the complexity of the case and current USCIS processing times. It's advisable to check the USCIS website for the most up-to-date information.

  • Can I Apply for a Fee Waiver for Form N-600?

    Fee waivers may be available for certain individuals who meet specific income and financial hardship criteria. USCIS provides guidelines for requesting fee waivers.

  • What Happens After I Submit Form N-600?

    After you submit the N-600 form, USCIS will process your application. If approved, you will receive a Certificate of Citizenship as proof of your U.S. citizenship.

  • Can I Apply for a U.S. Passport with the Certificate of Citizenship?

    Yes, a Certificate of Citizenship serves as proof of U.S. citizenship and can be used to apply for a U.S. passport.

  • Can I Appeal if My N-600 Application is Denied?

    Yes, if your N-600 application is denied, you have the right to file an appeal within a specified timeframe. It's important to carefully review the denial notice for instructions on how to proceed.

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