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Taghavi Immigration Law offers immigration-related legal defense to clients across the United States and those immigrating from other countries. Our team takes a holistic approach with each client, offering them the guidance and resources they need to succeed during and after their case has closed.
We encourage you to read through the articles and materials on our blog to gain more insight into the United States immigration system, current events, and other relevant topics. To learn more about our practice and how we can help you or your loved ones, please reach out to us using the buttons below.
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Solutions With Soulmaz
What’s the whole process for a Fiancée Visa?
The question is: Do I qualify for a Fiancé Visa, and if so – what is the process? Overall, the Fiancé Visa is a three step process. First is sending the fiancé visa application with all the necessary evidence, forms and government filing fees stateside to USCIS. Part of this package is demonstrating that you have met your fiancé, at least once, in person, in the last two years and that you both have an intent to potentially get married if he or she is given the fiancé visa to enter the country, and that that is the sole purpose of their entry. Once the Fiancé Visa is approved by USCIS, they will forward the application to the US consulate in your fiancé’s home country and schedule an interview. At the interview, if they are approved, they will get a stamp in their passport with their Fiancé Visa, and then they can enter the United States with this Visa. When your Fiancé enters the U.S., you two can get to know each other better stateside. You have 90 days to decide whether you are going to get married or not. If you get married, you must do so within the 90 days of their entry, and afterwards, the emigrating Fiancé can then go through the Green Card process to get your then spouse their green card, as well as work authorization, social security number, pending the whole Green Card process. If you decide not to marry your fiancé within 90 days of their entry, then they will have to return back to their home country and they can no longer stay in the United States because the fiancé visa is a “single intent” Visa, meaning its only purpose is for entry to potentially marry the Fiancé Visa Petitioner – the U.S. citizen. It can be a fairly short process compared to Spousal Petitions, where the legal standard of proof that it’s a lawful marriage, is much higher and the processing times tend to be longer. Thus, we do highly recommend that if you do qualify for a Fiancé Visa, and you’re thinking about maybe getting married, that maybe you want to hold off so you can utilize the Fiancé Visa, which is sometimes a faster and easier step while also allowing you to get to know the person better in your home country in the U.S. We would be happy to consult with you and talk about your unique situation and case and find out what’s the best process for you. This has been solutions with Soulmaz and that is the overall Fiancé Visa process.
Do I qualify for Deferred Action for Childhood Arrivals (DACA or “Dreamers”)?
The basic requirements for DACA are the following: (1) You came to the United States before reaching your 16th birthday; (2) You came to the United States before June of 2007; (3) You did not have a lawful immigration status; (4) You were in the United States and physically present when DACA was announced, which was June of 2012; (5) You either graduated from or you’re currently enrolled in an educational program, whether that be high school, GED equivalent, or university, and (6) You do not have a significant criminal record. These are the basic and general requirements. If you have a criminal record, we need to discuss the details, including seeing your “original criminal dispositions,” to determine whether you qualify it or not. One issue with first time DACA applicants is the difficulty in obtaining evidence. It can be very difficult to get evidence from when you were a young child – especially without a lawful status, but our team will help you brainstorm. Give us a call today if you think that you qualify for DACA. We can help you get deferred status, work authorization, and a social security number and you can be a Dreamer today. This is Solutions with Soulmaz from Taghavi Immigration Law. Give us a call so we can talk about making you a dreamer!
Can I become a US Citizen?
If you are a Lawful Permanent Resident (LPR) or a green card holder for three years, and you’re married to a US citizen and that’s how you got your green card, then yes, you qualify for citizenship. That is the fastest way from going from residency to citizenship. Secondly, if you have been a lawful permanent resident for five years, and it doesn’t matter how you got your green card or who you’re married to, then you can potentially apply for citizenship. You can apply for citizenship up to six months before you qualify. We need to assess several other factors, such as, the amount of time that you’ve spent in this country, your criminal record if you have one, and other potential issues like unpaid taxes or outstanding child support. If you qualify, we will send your application, evidence that you qualify, forms and government fees on your behalf for USCIS to process your case and to set up an interview. At the USCIS interview, they will assess your eligibility through reviewing your application and then if everything checks out, you must pass two tests: A writing and civics exam. We can help you with all of that! Give us a call and let Soulmaz find you solutions, including becoming a citizen!
What is the “10 year law”?
Many people ask me about the law of “10 years,” assuming that, if you are in the U.S. for 10 years – you can qualify for some sort of benefit to receive your residency. The short answer is – there is no such thing! We wish U.S. Immigration Laws were that simple. However, you may be referencing a form of relief from Deportation called “Cancellation of Removal.”
There are several factors to qualify for this benefit. First, you must prove that you have lived in the U.S. for at least 10 years. When and if you are placed in Removal Proceedings and must present yourself at Immigration Court, this “stops” the 10 years from running. Meaning, if you entered the U.S. and you were immediately placed in Removal Proceedings at the border or anywhere else, this will “stop” the 10 years from running. Thus, you must prove that you have been in the U.S. for 10 years BEFORE being placed in Removal Proceedings.
What are the things that can show that you have lived here for ten years? Your Federal Income Taxes. If you don’t have your taxes, there are other things. For example, official documents like the purchase of a car, home or property. Second, you cannot have a significant criminal history. This is something very unique to each criminal charge and conviction so we would have to discuss your situation by looking at all your “original criminal dispositions” all together. Third, you must prove that you have a “qualifying relative” who will suffer “extreme and unusual hardship,” such as, a U.S. citizen child or spouse who depends on your emotionally, physically and financially. The standard is very high so any sort of medical issues your qualifying relative suffers from would be a type of case that could win a “Cancellation of Removal” case. Finally, this is a defensive form of relief. Meaning, only an Applicant who is currently in Deportation Proceedings can apply for “Cancellation of Removal.” Thus, if you are in Deportation Proceedings and believe you meet these basic requirements, give us a call to discuss in more detail – you may have found a Solution with Soulmaz!
How to get a Virginia drivers privilege card?
- You must be at least 15 years and six months
- You are not a citizen of the United States and reside in Virginia
- Your driving privilege is not currently suspended or revoked in Virginia or any other state
- You received income from Virginia sources or were listed as a dependent on a Virginia tax return in the last 12 months.
- Learn more about the requirements at: www.dmwnow.com/dpc
Can my citizen Adult Child (over 21) apply for me to get my green card?
It depends on how you entered the U.S. If the parent entered the country with proper authorization and was formally inspected and admitted into our country then yes, generally, it can be possible for your adult child to petition for you. However, for parents who entered undocumented or without a Visa, parole or any type of authorization from the United States (that you in advanced applied for and it was approved), the process is much more complicated. You need a type of pardon or waiver for your unauthorized entry and you need to prove to the government that if you do not receive the pardon, your family who has immigration status here will suffer “extreme and unusual hardship” in your absence.
Who qualifies for a U.S. work permit?
The question is whether I qualify for a work permit. Having Work Authorization (EAD) is essential to life! It is the only way by which you can work in this country legally and to support your family financially. However, unless you entered the U.S. on a proper Work Visa (there are many types!), obtaining a work permit is typically a benefit for someone who has a pending status or is waiting for a potential approval on a pending form of relief with USCIS or the Immigration Court. For example, you have a pending asylum application, residency application, etc. You can also be eligible or Work Authorization for some types of deferred status, like Temporary Protective Status (TPS), Deferred Action for Childhood Arrival (DACA or “Dreamers”) or Humanitarian Parole. Overall, the most important concept to understand here is that a work permit is not a standalone benefit that anyone can apply for – it’s an ancillary benefit. Meaning, you must qualify for some type of benefit and pending the result of that benefit, the government gives you the right to request your work permit. In fact, on your Work Authorization application, we have to enter in the exact code (pending case type), in order to send off the application and we have to show proof that this case is in fact pending (e.g. stamped asylum application by the court). So, if you want Work Authorization, we first need to have a conversation about what you may qualify for first. So, give us a call, make an appointment. If you qualify for something we can apply for your work permit, as well as your social security number and other benefits like a Driver’s License. Hopefully, together, we can find Solutions!
What is a U Visa?
The U-Visa is a relief for people who have been victims of a “qualifying crime,” which is typically a serious crime or a crime that is substantially similar, in the U.S. and they suffered physical or emotional harm and cooperative with government authorities in prosecuting the crime. For example, victims of domestic violence, armed robbery, rape, human trafficking, or extortion may qualify for a U-Visa. If you were a victim of a crime that is not as intense or aggravated, like simple assault, this may not be a qualifying crime. However, if you have your Police Report, we will be able to verify if it could be a qualifying crime. It does not matter how long ago you were a victim of this crime, as long as you meet all the other requirements. Moreover, we need someone – typically the Chief of Police, to certify that you assisted in the investigation or prosecution of this crime. Meaning, you called the police to report the crime, you gave useful information, and/or you were a witness in court. You must also show that you suffered physically, e.g. you went to the hospital for physical injuries or you’ve been emotionally harmed, e.g. you have sough counseling for Post-Traumatic Stress Disorder (PTDS) for what happened to you. Once we file for a U-Visa, there is a numerical limit per year for the number of approvals so, although this type of application is a path to citizenship, it can take years before you get an approval and any sort of benefits (e.g. wait times from 3- 6 years!). If you believe you may qualify for a U-Visa, send us your Police Report and schedule a Consultation so we can find out if we have Solutions for your future!
East Coast Office
Taghavi Immigration Law
1500 Forest Ave, Suite 124
Richmond, VA 23229