The Widow's Penalty | Immigration Law Legal Resources

The Widow's Penalty

Wed, 23 Apr 2008 11:25:25 GMT

Current immigration law requires deportation of the alien spouse of a U.S. citizen if their marriage does not last past two years. This law was intended to prevent sham marriages where a non-citizen would marry a U.S. citizen to quickly gain legal residency and then just as quickly get a divorce. Now, the United States Citizenship and Immigration Service, USCIS, argues they are required to deport aliens whose spouse dies within two years of being married.

Can I work in the U.S. if I am not a U.S. citizen?

Mon, 26 Jan 2009 12:06:53 GMT

Even if you are not a U.S. citizen or a lawful permanent resident, you may still be able to work in the U.S. By gaining a work permit, or an Employment Authorization Document (“EAD”), you become eligible to work in the U.S. for a certain period of time, so long as you fall within a certain category of persons. Additionally, depending on your occupation and education, you may qualify to work in the U.S. as a nonimmigrant H-1B alien.

You ar

Do I Need a Visa to Travel Abroad?

Tue, 14 Oct 2008 21:16:41 GMT

Do you know what a visa is? In the United States we have two different types of visas: immigrant visas and nonimmigrant visas. Nonimmigrant visas are usually for tourists and business visitors. Those who hold immigrant visas are entitled to stay in the U.S. permanently and eventually apply for citizenship.

Most Americans think visas are only needed by those visiting or attem

Family Based Visas

Thu, 12 Jun 2008 21:42:19 GMT

Do you need a family-based visa? The U.S. Immigration laws highly value family unification and therefore allow for a person to obtain a family based visa. The laws carefully define the family relationships which form the basis for an immigration visa. Immediate relatives such as spouses, unmarried children under 20 years old, and parents of a U¬S citizen may be eligible for this type of visa.&n

Fiancé Visas

Sat, 14 Jun 2008 19:31:59 GMT

Are you engaged to a non-citizen? You can bring your fiancé to the United States to get married by filing a petition with the U.S. Citizenship and Immigration Office. The fiancé visa program, or K-1 visa, allows non-citizens to come to the United States with their citizen fiancés, under certain conditions. The marriage must take place within 90 days of entering the U.S. and the couple may be interviewed by the USCIS to show that the ma

Hiring Foreign Workers

Thu, 03 Dec 2009 18:43:33 GMT

Foreign workers can be an asset to your business. However, if you are interested in hiring foreign workers then you need to know how to do so legally so that the employment relationship can continue, the employee can avoid deportation and you can avoid the legal consequences for illegally employing a foreign worker. Generally, the government will only approve foreign workers to fill jobs that are essent

How can I help my employee become a U.S. resident?

Mon, 26 Jan 2009 12:17:45 GMT

Aside from relative petitions, employee petitions are another common way to help a person become a U.S. resident. In this global age, it is not uncommon for employers to recruit employees on an international basis. In order for a foreign national to permanently live and work in the U.S. as a resident, the employer has to go through an application process with the U.S. Citizenship and Naturalization Service (USCIS). Furthermore, there are specific requirements as to the type o

How can I help my fiance(e) become a U.S. resident?

Mon, 26 Jan 2009 12:09:58 GMT

If your fiancé(e) is a foreign citizen, you will need to know the procedures for bringing your fiancé(e) to the U.S., and for him or her to become a permanent resident of the U.S. Keep in mind that there are some very strict timelines that apply to immigration to the U.S. on the basis of an intended marriage, and failure to meet those timelines can result in your fiancé(e) having to leave the U.S.

First, you must file an applica

How can I help my relative become a U.S. resident?

Mon, 26 Jan 2009 12:14:25 GMT

One of the most common ways in which a person can become a U.S. resident is through a relative that is already a resident of the U.S. If you are a lawful permanent resident of the U.S., you can file an application for your husband, wife, or unmarried child(ren) of any age to also become lawful permanent residents. If you are a naturalized U.S. citizen, it may be even quicker for your spouse or unmarried children to immigrate to the U.S.; furthermore, as a U.S. citizen, you can als

How do I become a U.S. citizen?

Mon, 26 Jan 2009 12:03:49 GMT

If you are born in the U.S., you are automatically a U.S. citizen. If you are not born in the U.S., however, you still may be able to become a U.S. citizen through the naturalization process. A naturalized U.S. citizen enjoys all of the same rights and protections as a U.S. citizen by birth. Among these rights is the right to vote, the right to hold an elected position or a federal job, and the right to enjoy priority status in bringing relatives to live in the U.S.

How do I become a lawful permanent resident of the United States?

Mon, 26 Jan 2009 12:01:01 GMT

If you are a legal immigrant in the U. S., or if you have permission to work and live in the U. S., you can apply to become a lawful permanent resident of the United States. This process is commonly known as getting your “green card”. As a lawful permanent resident, you can live and work permanently in the U. S., so long as you do not commit any act that would make you removable from the U.S. under federal immigration laws, such as certain crimes. Becoming a legal

How to Get Immigration Assistance for Little or No Cost

Thu, 06 Nov 2008 23:50:37 GMT

A good attorney is important to a positive outcome in many legal proceedings. While that is true in most areas of the law, it is especially important in the field of immigration law. Some immigrants who are seeking to lawfully remain in the United States are indigent and lack the resources to hire a private attorney. Likewise, some immigrants are not familiar with immigration law and the American court system.

Where to Find Help

Overstaying Your Visa

Tue, 14 Oct 2008 20:26:15 GMT

Visitors to the United States come to the US for a variety of reasons such as to work, to explore, to visit family or to get married. Many non-citizens wish to remain in the US beyond their visa time limit, but rather than take the proper legal steps or leave and return to the US, they will take the riskier step of overstaying their visa and staying below the radar of the United States Citizen and Immigration Services (formerly the INS). However, no matter what the reas

What Happens When You Divorce a U.S. Citizen Prior to Becoming a U.S. Citizen?

Mon, 12 Oct 2009 13:03:37 GMT

The lives of most divorcees change once a divorce is finalized. However, if one of the divorcees is not a United States citizen then that person may face an additional challenge and need to fight for the right to remain in the United States. Generally, when an immigrant marries a U.S. citizen and the couple resides in the United States, the immigrant spouse is provided with a conditional permanent resident status until the couple h

Workplace Injuries do not Discriminate Between Legals and Illegals

Wed, 23 Apr 2008 17:41:17 GMT

Workers’ compensation laws were created to compensate an employee for injuries sustained while on the job. One of the most debated issues in the area of worker’s compensation is whether workers who have entered the country illegally should be granted the same work place protections that legal employees have. Some argue that illegal immigrants should NOT be entitled to workers compensation if injured while working because they are not lawful employees

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Sun, 19 May 2013 05:29:20 GMT
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Sun, 19 May 2013 05:29:20 GMT
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