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Are you considering applying for advance parole? If so, you are certainly not alone. Advance parole is an important document that allows you to travel outside the United States and return to the United States with advance permission based upon a document that is issued by the USCIS. This makes international travel much easier, predictable and safe. Thousands of Deferred Action for Childhood Arrivals (DACA) recipients have successfully traveled on advance parole.  However, there are still plenty of questions surrounding what advance parole is, how it works, and what requirements must be met in order to obtain one. In this blog, we will answer some of these frequently asked questions about advance parole so that you can make an informed decision about whether or not it’s the right choice for you.

What is Advance Parole?

Advance parole is an official document that grants permission to those who hold it to re-enter the United States without having a valid immigrant or nonimmigrant visa. However, it's important to remember that in order to receive the benefits of advance parole, you must have been approved before leaving the United States. If you have not been approved for advance parole prior to your journeying outside of the United States, you will not be allowed to re-enter the United States until you have obtained a valid visa that allows you to do so.

Who Needs Advance Parole?

Advance parole is a very useful tool for residents of the United States who may need to travel abroad for a variety of reasons. Whether it be traveling for work, visiting a relative, attending a funeral, attending a business seminar, getting affordable medical treatment, visiting a loved one’s grave, or studying abroad,, having advance parole allows certain people the ability to make these journeys despite other factors that may typically disallow them from leaving and re-entering. Those who have DACA, those who have a pending application for adjustment of status, those who have been admitted to the United States as a refugee or who have been granted asylum, those who have been granted benefits under the Family Unity Program, those who have been granted Temporary Protected Status (TPS), and those who have an asylum application pending can all benefit from applying for advance parole.

What Are The Benefits of Advance Parole?

Advance parole can be very helpful to many people in the United States. It can truly be useful to nonpermanent residents of the United States who need to leave and re-enter the country thanks to its three main benefits. The first benefit of advance parole is obvious and has been mentioned quite a bit: advance parole allows you to travel abroad and re-enter the United States without having to obtain a visa. The second benefit that advance parole offers is it preserves your “status” and your pending applications as if you had not left the United States. The third benefit is that you may be able to apply for adjustment of status after you are paroled into the United States. Advance parole can be the key to your future in the United States as a lawful permanent resident. 

Who is Not Eligible for Advance Parole?

There is a wide array of reasons that somebody may be deemed ineligible for advance parole. Those who are in the United States without a valid immigration status, those we are out of DACA status, those who are subject to the foreign residence requirement, those who are in possession of a previously issued re-entry permit or refugee travel document which is still valid unless it was returned to USCIS or proven to be lost, those who are the beneficiary of a private bill, or those who are under removal proceedings would all be deemed ineligible for advance parole.

How Long Does It Take to Get Advance Parole?

The advance parole application can be a lengthy process. The average turnaround time for advance parole is around two to three months.

Is There A Limit to How Long I Can Remain Outside the United States with AP?

The only limitation that is placed on the time you spend abroad is the expiration date on the advance parole. This period begins on the date the advance parole is issued and the advance parole cannot be used at any time after it expires.

Advance parole and immigration as a whole can be a very tricky and stressful process that may be difficult for those without a working knowledge of the US immigration system to navigate. That's why, no matter what your status is, it's important to have a skilled and dedicated immigration lawyer on your side. The legal team at Familia America has years of expertise and experience to help you through every step of the advance parole process and ensure that everything goes as smoothly. If you have any more questions about advance parole or would like more information about the immigration system in the US, contact us today and we'll give you all the information and assistance you need throughout your immigration journey.

Same-sex marriage is still a controversial topic in many countries, and this controversy can pose special challenges for same-sex couples who are hoping to immigrate to a new country. Immigration laws differ from country to country, and if you’re in a same-sex relationship, it’s important to understand what does or does not constitute legal recognition of your union. It is also essential that you have an experienced same-sex marriage immigration lawyer on your side when navigating through the immigration process. A same-sex marriage immigration lawyer attorney with expertise in this area will be able to provide the necessary guidance about which types of documents may be required for successful immigration applications as well as how best to present them to ensure the smoothest immigration process possible.

Does Immigration Accept Same-Sex Marriages?

The short answer is that most developed and developing countries now recognize same-sex marriage legally, including Canada, the United States and many European nations. This means that if two people are married according to their home nation’s laws they should be eligible for certain benefits associated with immigration such as family reunification or spousal sponsorship programs regardless of gender identity or sexual orientation. That said, there is still some variation between countries so it pays off to do your own research ahead of time and make sure all relevant requirements for the country you’re immigrating to are met before submitting any paperwork related to same-sex marriage immigration.

When Should I Hire a Same-Sex Marriage Immigration Lawyer?

When it comes to hiring a same-sex marriage immigration lawyer, the sooner the better! A same-sex marriage immigration lawyer can evaluate your individual case and provide key insights into what does or does not constitute legal recognition of your union in the country to which you’re applying for entry. An experienced attorney will also be able to help fill out the necessary paperwork, ensuring that all documents are properly filled out and submitted on time with no mistakes. In addition, a same-sex marriage immigration lawyer will be able to anticipate any potential issues that may arise throughout the process so that they can be addressed before causing any further delays. With an advocate on your side, you’ll have peace of mind knowing that your case is being handled with the utmost care and attention to detail.

Being in a same-sex marriage does not have to be a barrier to successful immigration, but you do need to make sure that all relevant documentation is properly filled out and submitted on time. This is where an experienced same-sex marriage immigration lawyer comes in handy. They will be able to provide advice as well as guide you through the immigration process, ensuring that all the required documents are correctly submitted. With an advocate on your side, you’ll have the best possible chance of achieving a successful outcome for your immigration application.

Familia America has long been a strong supporter of same-sex couples and immigration and believes that everyone is equal regardless of gender, sexual orientation, or any other factor. We understand the unique challenges faced by same-sex couples who are seeking to immigrate, and we seek to make the process as easy and stress-free as possible. Our experienced team of same-sex marriage immigration professionals understands that each case is unique, and we are committed to providing tailored advice and guidance to ensure the best possible outcome for our clients. We believe that everyone should have the right to pursue their dreams regardless of who they love which is why we strive to provide an inclusive service for same-sex couples looking to immigrate. Our team works hard to stay up-to-date on all changes in immigration law so that our clients receive the most accurate advice while navigating this complex process. We are passionate about supporting same-sex couples who wish to start a new life together in another country, ensuring they receive individualized attention every step of the way.

If you have any questions about how a same-sex immigration attorney can help you in your immigration journey or the immigration process in general, contact the team at Familia America for the information you need.

Are you looking for a good immigration lawyer to help you with your case? Finding the right immigration attorney can be a daunting task, but it is essential if you want to ensure that your application or legal proceedings are handled properly. From understanding how to do research on potential lawyers, what questions to ask during an initial consultation, and what qualifications should be looked for in an experienced immigration attorney - there’s a lot of information out there when it comes to finding the right person for the job. In this blog, we will provide some tips and advice on how best to go about finding the perfect lawyer who meets all of your needs.

Research Reviews and Recommendations for Immigration Attorneys

It is important to do your research when looking for a good immigration lawyer. While asking friends and family for referrals can be helpful, it’s also important to look online for reviews and recommendations from other people who have used the services of an immigration attorney. Reading through these reviews can give you an idea of what other clients think about a particular lawyer or law firm, as well as their experience with them.

Ask Questions to Find the Right Fit

Once you have narrowed down your list of potential immigration lawyers, it’s important to ask questions during an initial consultation in order to find the right fit for you. When meeting with a lawyer, make sure to inquire about their experience and qualifications in dealing with immigration cases similar to yours. Ask them how long they have been practicing immigration law and what success rate they have had in the past. Additionally, be sure to ask about fees and payment options so that you can get an idea of how much the legal services will cost. By having all this information upfront, you can make an informed decision when selecting the best attorney for your case.

Check Qualifications and Credentials

When looking for a good immigration lawyer, it is important to make sure that they have the necessary qualifications and credentials. It is necessary to check their experience in dealing with cases similar to yours and make sure that they are qualified to handle your case. Additionally, ask about their success rate in past cases as well as what fees will be involved.

Consider Experience with Your Specific Needs

Throught the process of finding a good immigration lawyer, it is important to consider their experience in dealing with cases like yours. It is essential to ask questions during the initial consultation about their experience with cases that are similar to yours. It is important to consider the specific needs of your case when selecting an immigration attorney and if you have a complex or difficult situation, for example, then you may want to seek out someone who has experience specifically dealing with similar issues.

Evaluate Their Communication Style

When you are looking for a good immigration lawyer, it is important to evaluate their communication style. You want to make sure that your attorney can effectively communicate with you and understand your needs. When evaluating an immigration attorney's communication style, there are several key points to consider. First, look at how they respond to questions or inquiries from potential clients. Are they patient and willing to explain things clearly? Do they provide helpful advice or just the bare minimum information? Second, observe how well the attorney communicates with other professionals in the field such as judges or other lawyers. Finally, pay attention to how quickly they reply back when contacted by phone or email; good communication should always be prompt and timely. By taking these factors into consideration when hiring an immigration lawyer, you will be able to find one who meets all of your expectations regarding good communication skills.

At Familia America, our attorney is highly experienced in immigration law and has a proven track record of success. Our goal is to make the immigration process as smooth as possible for our clients, which is why we offer personalized legal services tailored to each individual’s unique situation. We take the time to listen, explain the laws thoroughly, and provide realistic advice on how best to move forward with any legal matters. If you’re looking for a good immigration lawyer who you can count on for straightforward answers and dedicated representation, contact Familia America today!

The entire process of immigration can be tough. There many forms to fill out and knowledge you need to have. Our current immigration system is broken. Now it’s more important than ever to seek out a family immigration attorney. They can make the process a whole lot smoother. Hiring an attorney will essentially be less risky for you and more efficient overall. You should also know when, during your process, is the best time to call for a family immigration attorney. It’s often when things are too complex to handle on your own.

Less Risk & More Efficient

When you hire a family immigration attorney, you will assume less risk and the whole immigration process can be more efficient. The family immigration attorney knows specifically what visas and reliefs are available to you. They can help you to avoid rejection or the request for more evidence from the application. Hiring a family immigration attorney ultimately saves you 4-8 weeks in processing time. They can help you prepare for the interview, which also lowers your chance of rejection. A family immigration attorney can advise you and help you avoid certain pitfalls you may encounter on your own. This includes things such as deportation, exclusion of entry, and bars to entry. They can even help if you have had criminal offenses that would put you at risk for deportation.

Other Reasons

Hiring a family immigration attorney will give you a higher chance of winning the case. One minor mistake on your application can make you have to wait even longer or they may even outright deny you. Immigration is often a timely matter. Attorneys are familiar with all the paperwork you need to file your application and they can help you avoid mistakes. A family immigration attorney would know the ins and outs of immigration law. Overall, family immigration attorneys provide peace of mind.

When should you hire a family immigration attorney?

One of the main times you should hire a family law attorney is when your application was denied. It may be because the USCIS made an error. It may also be because of inadmissible reasons.This reasons could include your criminal history or a lack of vaccinations. A family immigration attorney can let you know what factors may negatively affect your application. You should hire a family immigration attorney when you’re feeling overwhelmed by the paperwork. One mistake in your paperwork and your application could be denied. An attorney can help you sort through the forms and know exactly what needs to be completed. They also often use computer systems to input information, meaning the process of completing paperwork could take hours instead of days. Another time when you should hire a family law attorney is when you are facing delays. They have far better luck in reaching people to get the status of your application than you trying to do it yourself.

Your choice to immigrate was for a better life for you and you family. There are still laws in place to protect you. You don’t have to go through this whole thing alone. An immigration attorney can be extremely helpful. They have the experience and expertise you need. Familia America has been dealing with cases like yours for 31 years with the experience of immigration attorney Gloria Cardenas. Contact Gloria today at 801-656-9605 or simply fill out this contact form.

The short answer is “no” unless you entered the marriage with US citizens in bad faith. What it means is that if you are a foreign national and you got a green card after marrying a US citizen, you do not necessarily lose your legal immigration status in case you get divorced.

But it is not that simple. There are many circumstances in which you might actually lose your green card after divorcing a US citizen. We asked our Salt Lake City green card attorney at the Familia America Immigration law firm to explain how divorcing a US citizen affects your immigration status.

Obtaining a green card through marriage

Let’s review an example. U.S. citizen named A. marries a foreign national named B. After the marriage, A. files a petition for B. and the latter becomes a Lawful Conditional Resident. B. is not yet a Lawful Permanent Resident, as he needs to wait two years before filing a petition to become one. This 2-year period provides U.S. Citizenship and Immigration Services (USCIS) time to assess the validity of A. and B.’s marriage.

What happens to B. if he divorces A. before the 2-year period passes and before he gets the chance to become a Lawful Permanent Resident? Contrary to the popular belief, divorce alone does not automatically nullify the Lawful Conditional Resident’s green card.

Do you lose your green card after divorce?

Our best green card attorney will explain that you may actually lose your immigration status obtained through marriage to a US citizen or permanent resident only if USCIS determines that you entered into that marriage to evade immigration laws.

But if you got married in good faith and you get divorced or separated from a US citizen or permanent resident before these two years pass, you may still be able to use your conditional green card to file a petition to remove the conditions on residence and become a Lawful Permanent Resident.

However, you might require legal help from an experienced green card lawyer, especially in the era of strict anti-immigration policies introduced by United States President Donald Trump and his administration. If USCIS has any reason to doubt that the divorce or marriage itself was not genuine, you will most likely lose your immigration status and may even face deportation.

Can divorced green card holders become permanent residents?

Even though US citizens are required to file a petition for their spouse to become a Lawful Permanent Resident jointly after the 2-year period, the conditional resident has a legal right to file Form I-751 separately after a divorce or separation.

Be warned, however, that USCIS will most likely spend more time reviewing your petition, as it does with petitions filed separately by conditional residents after a divorce or separation as opposed to those filed jointly by green card holders and their US citizen spouses.

The only legal way USCIS has to deny your petition to become a permanent resident after a divorce is if it can prove that the marriage was entered into in bad faith. In other words, if you entered the marriage for the purpose of bypassing US immigration laws and fraudulently obtaining a green card, you will face deportation.

Green card through spouse’s employer

Let’s review another example. Let’s imagine that an individual named A. is sponsored by his employer for a green card, automatically making his spouse B. and their child under age 21 eligible, too. While B. and their child are also eligible to become green card holders even though A. is the employee and primary applicant, if a divorce occurs before the approval of B.’s application for a green card, B. will no longer be eligible to obtain a green card.

Make sure you understand how US immigration law works before getting divorced or separated, as there is a huge risk that you might lose your green card or even get deported. Contact the Familia America Immigration law firm to speak about your particular case. Get a consultation by calling 801-656-9605 or complete this contact form. Se Habla Espanol.

Important Information from Familia America

Familia America wants to ensure all of Utah’s immigrants have access to the resources they need on COVID-19 in Utah. This page contains a list of resources for immigrants and undocumented workers to stay up-to-date with COVID-19.

We will continue to meet with potential clients and clients in office, on the phone, or by ZOOM video conference. Call us at 801-656-9605 to schedule a consultation with us.

USCIS Office COVID-19 Updates

General Coronavirus Information

County Resources

 Education Resources

Financial and Food Assistance

Unemployment Resources

Resources for Undocumented Immigrants

Congressional leaders continue to push for inclusion of immigration reforms in the Build Back Better Act (HR 5376).  The House passed HR 5376, and we are urging action by the Senate. Congress must act NOW, or it will lose the opportunity to get reform done in this Congress. 

Gloria Cardenas and the entire Familia America team wants Congress to provide relief to people who do not have legal status, to alleviate severe immigrant visa backlogs by supporting the recapture of unused employment-based, family-based, and DV based visas, and to fund legal representation programs.

We need your help to keep the pressure on Congress to pass this bill with immigration provisions. It is imperative that they hear from people like you. They need to know that their constituents support immigration reforms through passing of the Build Back Better Act and oppose anti-immigrant amendments that may be offered.

At Familia America, we want to focus on a specific aspect of this bill. Not only does it address physical infrastructure, but also human and social infrastructure as well on the heels of President Biden’s campaign promise to offer undocumented immigrants a path to citizenship.

So what does this bill mean for immigration and citizenship for those coming to the United States?

How Does The Build Back Better Act Relate to Immigration

With billions of dollars of the Build Back Better Act allocated to immigration issues, what can you or loved ones immigrating to the United States expect to gain from this overhaul? 

  • Reformed immigration systems
  • Reduced visa backlogs
  • Expanded legal representations
  • Efficient and human border processing

Additionally, immigrants who are already in the country without legal status would able to apply for permits to work and travel in the United States for five years. 

For undocumented immigrants who arrived in the US before 2011, there is the possibility of temporary protection from deportation for a parole period of five years. Whether this will make it into the final bill remains to be seen.

Additionally, hundreds of unused visas dating back to 1992 will be recaptured and protect millions of undocumented immigrants who have been in the United States for years from any kind of deportation.

People awaiting green cards to be issued green cards for at least two years will be able to pay additional fees to bypass certain annual and per-country limitations. This will allow them to become residents much sooner than they would have otherwise.

Diversity Visa winners from countries with low levels of immigration will have their green card privileges preserved; a reversal on the Trump-era travel bans and the pandemic.

In a real win for children, families’ access to the Child Tax Credit could be restored allowing undocumented children can receive support.

In conclusion, the Infrastructure Bill stands to bring a pathway of hope and dignity to immigrants who are ready to be a part of the American dream.

Familia America Can Help With The Infrastructure Bill & Immigration

At Familia America, our passion is connecting immigrants with the resources they need to create the life they came here for. Furthermore, our team is closely following the Infrastructure Bill so that we can assist you in navigating the legal systems in a way that sets you up for success. 

If you ever need an Build Back Better Act update, please check our blog or give us a call. Para más información en español, haga clic aquí.

Let us guide you through the process and be your resource for the latest in the Infrastructure Bill. In conclusion, it could be possible for immigrants to take advantage of this new law if passed.  Familia America can guide you by walking you through this process of the infrastructure bill & immigration law if it is passed.

We provide services to all 50 US states.

The post Infrastructure Bill & Immigration: What Is In The Build Back Better Act (HR 5376) appeared first on Immigration Attorney Salt Lake City | Familia America.

Nothing about immigration is easy to understand right now. Aside from the political climate being the way it is, people often forget that real lives are being affected every day. This is especially true for those brought to this country when they were kids. We know that you may need a DACA attorney in Salt Lake City , and we are here to help.

At Familia America Immigration , we are ready to handle your immigration needs. Let us help you navigate this complex and ever-changing system so you can get back to living your life.

What is going on with DACA now?

It seems like we are stuck in a never-ending cycle of no action being taken on the Deferred Action for Childhood Arrivals issue. What we do know is that the US Supreme Court is going to meet behind closed doors to discuss taking up a case during their next term. The case they are considering hearing concerns the phasing-out of DACA .

As it stands, multiple lower courts have blocked attempts by the Executive Branch to rescind DACA. The administration has appealed all of these lower court decisions to the Supreme Court, which has so far not responded. If the Court decides to hear a DACA case, it will happen in the middle of 2020 – a presidential election year.

What is at stake?

DACA recipients, known as Dreamers, were those brought to this country as minors. Many of them have absolutely no memory of their home country. In fact, calling anything other than the US their home country seems absurd. Some of them do not even speak Spanish. They have grown up here, gone to school here, and many of them have professional careers here. Many Dreamers are in the US military. Others are teachers, college professors, and doctors.

  • In every way other than an official piece of paper, DACA recipients are citizens of this country.
  • More than 800,000 Dreamers have been left in legal limbo for years now.

The DACA program started in 2012 as a way to protect all of these people brought here as minors (before the age of 16).

What are the alternatives?

If DACA is rescinded, what happens to the more than 800,000 people in the program? Will it mean mass deportation of those who have never revisited their country of birth?

What we will do now

We cannot tell you when the DACA crisis will be solved. What we can do is offer our help to get you through all of these changes. At Familia America Immigration , our knowledgeable and experienced team is going to get to the bottom of your case and build a story. We want the courts to see you for you, away from the political rhetoric that drives the debates on TV. We know that you want to get on with your life and we will help. If you need a Salt Lake City DACA attorney , you can contact us by clicking here or calling 801-656-9605 for a consultation.

The post Is DACA Ever Going To Be Solved? appeared first on Immigration Attorney Salt Lake City | Familia America.

In what is being called a ruling that may benefit those who are fighting deportation orders, US District Judge George Hazel has extended a previous order blocking the deportation of Wanrong Lin. Lin, a native of China, is married to a US citizen and he has three children that are also US citizens. Lin was arrested in August after showing up for his immigration interview in Maryland. The interview was in regards to Lin’s application for a stateside waiver allowing him to remain in the country while seeking legal status.

Following his arrest, Lin was placed on a commercial flight to Shanghai in November. The American Civil Liberties Union (ACLU) sued on Lin’s behalf, prompting Judge Hazel to order that he be returned to the United States before his flight had even arrived in Lin’s native China.

In his ruling, Judge Hazel stated that the US government cannot use the interview process as a trap for unsuspecting applicants, calling the interview a “lure” to get Lin to come in where he could be arrested, and as a result, preventing Lin from completing the process of getting a provisional waiver. By allowing removal under circumstances like these, says Judge Hazel, the government erects “an impenetrable barrier to completion of the provisional waiver process.”

According to the ACLU attorney who sued on Lin’s behalf, although the decision applies directly to Lin’s situation, it also sends a signal to ICE about abusing the provision waiver process.

Lin, whose wife became a naturalized citizen in 2004, sought asylum in 2008 but his request was denied. An order was issued at that time for his deportation , but he did not leave. Lin, now 38 years old, was just 14 when he came to the U.S. on his own. He has no family in China; the only family he knows is his wife and children.

Lin and his wife began the process of applying for the provisional waiver in 2016. When the pair showed up in 2018 for an interview to confirm that they were in a bona fide, legitimate marriage, Lin was pulled into a separate room by immigration personnel. ICE agents were waiting there to take him into custody and eventually deport him.

Facing Deportation Issues?

While the decision in this Maryland case is a step in the right direction for immigrants seeking a legal path to citizenship, the current climate for immigrants is frightening to say the least. At   Familia America Immigration  , we want to help you face your immigration problems and find a viable solution to help you become a US citizen. If you are facing deportation issues, contact our   Salt Lake City green card attorney  right away. We put 100% effort into fighting for you, giving you and your family the best shot possible at realizing the American dream. Give us a call at 801-656-9605 or   click here to reach out  to our team and set up a confidential, no-cost case consultation.

The post Federal Judge: ICE Agents Cannot Use Immigration Interview as Unsuspecting Trap appeared first on Immigration Attorney Salt Lake City | Familia America.

Contact a Salt Lake City Fiancé Visa Attorney at Familia America Today

Attorney Gloria Cardenas brings more than 30 years of experience in immigration law to help protect the rights of clients and their family members. She and her knowledgeable team at Familia America work diligently behind the scenes to help process fiancé visa applications as quickly as possible. To learn more, contact the legal professionals at Familia America in Salt Lake City and schedule a consultation to discuss your case.

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