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Proposed New Fair and Humane Public Charge Rule | What It Means

Posted on by Accel Admin

The Department of Homeland Security has proposed new changes to the Fair and Humane Public Charge Rule. As with anything the United States releases, the language can be opaque and difficult to make sense of. If you need help parsing its latest proposal, please read on, then contact an experienced family immigration lawyer in Milwaukee, WI to learn what the proposed new Fair and Humane Public Charge rule means for you.

What is the proposed new rule for Fair and Humane Public Charge?

Under the proposed new rule, the Department of Homeland Security proposes to redefine “likely at any time to become a public charge” to “likely to become primarily dependent on the government for subsistence.” Consistent with long-standing DHS policy, the agency proposes to consider the following benefits when making a determination of public charge inadmissibility:

  • Supplemental Security Income
  • Cash assistance for income maintenance under the Temporary Assistance for Needy Families program
  • State, Tribal, territorial and local cash assistance for income maintenance
  • Long-term institutionalization at government expense

Conversely, DHS proposes that it not consider benefits from the following:

  • Supplemental Nutrition Assistance Program (SNAP)
  • The Children’s Health Insurance Program (CHIP)
  • Most Medicaid benefits, except for long-term institutionalization
  • Housing benefits
  • Transportation vouchers
  • Disaster relief received under the Stafford Act
  • Pandemic relief
  • Tax credits or deductions
  • Social Security, government pensions or other earned benefits

Why are new rules being proposed for Fair and Humane Public Charge?

DHS Secretary Alejandro N. Mayorkas has said that the 2019 public charge rule “was not consistent with our nation’s values.” That rule caused many noncitizens unnecessary fear and anxiety about accessing benefits that Congress intended them to have. Secretary Mayorkas has stated that the Department of Homeland Security will return to the historical understanding of the term “public charge” and individuals will no longer be penalized for choosing to access the health benefits and other supplemental government services they are entitled to.

How can a Milwaukee, WI family immigration attorney help you?

In spite of this more liberal interpretation of the law, you would be wise to reach out to one of our skilled Wisconsin immigration attorneys to discuss your next steps. Our firm may represent you, our client, in administrative court as well as deal with government officials on your behalf. We may also counsel you about your legal rights and obligations related to immigration. United States immigration law is complex and time-consuming. Let us handle it for you.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Proposed New DACA Rule | What It Means For You

Posted on by Accel Admin

The Department of Homeland Security has proposed new rules for DACA. As with anything the government puts out, the language can be dense and difficult to parse. If you need help dissecting its latest proposal, please read on, then contact a skilled DACA lawyer in Milwaukee, WI to learn what the proposed new DACA rule means for you.

What is the proposed new rule for DACA?

While the current DACA program, started in 2012, requires that the request for DACA, made on Form I-821D, be filed at the same time as an I-765 application for employment authorization, the proposed rule decouples the DACA application from the work authorization application, making the application for work authorization optional.

Why are new rules being proposed for DACA?

On July 16, 2021, a United State district court in Texas issued a decision and injunction in Texas v. United States, holding that Deferred Action for Childhood Arrivals is unlawful but allowing it to continue for current recipients and allowing, for now, for continued renewals. This new proposed rule to the program is designed to codify it and preserve it for future generations.

As with its previous iteration, the qualifications to apply are as follows:

  • Are under 31 years of age as of June 15, 2012
  • Came to the U.S. while under the age of 16
  • Have continuously resided in the U.S. from June 15, 2007, to the present. (For purposes of calculating this five-year period, brief absences from the United States for humanitarian reasons will not be included)
  • Entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012
  • Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS
  • Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces
  • Have not been convicted of a felony offense, a significant misdemeanor or more than three misdemeanors of any kind
  • Do not pose a threat to national security or public safety

How can a Milwaukee, WI family immigration attorney help you?

Separating DACA from employment authorization could put you at risk of losing your work permit and your job while waiting for employment authorization renewals to process, especially given that the validity dates for the work permit will not exceed the dates granted by DACA. A skillful family immigration lawyer in Milwaukee, WI will assist you in preparing for this process, which is complex and time-consuming. Being denied DACA could lead to your deportation. In all but paperwork, you are an American. Let us help you prove that in court.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Getting a Fiancé Visa in Wisconsin | What You Should Know

Posted on by Accel Admin

If you are a foreign national engaged to an American citizen, please read on, then contact an experienced fiancé visa lawyer in Milwaukee, Wisconsin to learn what you should know about getting a fiancé visa in Wisconsin.

What is a fiancé visa in Wisconsin?

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. If you do not marry within those 90 days, you will need to leave the United States within 30 days.

How do you qualify for a fiancé visa in Wisconsin?

The qualifications for a fiancé visa are as follows:

  • Both you and your fiancé must be single and eligible to be married under U.S. law. (This means that same-sex couples are eligible for the K-1 fiancé visa, whether or not the foreign spouse’s home country recognizes same-sex marriages.)
  • If you or your fiancé have been married previously, you’ll need to provide divorce or death certificates for any previous spouse.
  • The sponsoring partner must be a U.S. citizen. U.S. green card holders are not eligible to apply for fiancé visas.
  • You and your fiancé must prove that your relationship is authentic—through photos, correspondence, and written statements from people who know you as a couple.
  • Have concrete wedding plans in the United States and show invitations, venue reservations, or other proof that the wedding is not a vague dream but a specific, planned event.
  • Alternatively, you can provide a simple signed statement of your intent to marry within 90 days of arrival.
  • You must have met in person at least once in the past two years. This requirement can be waived for religious practices or in cases of extreme hardship to the U.S. citizen partner.
  • The U.S. citizen partner must meet certain income requirements, earning at least 100% of the federal poverty guidelines when applying for the fiancé visa, and earning 125% of these guidelines when the foreign partner applies for his or her green card.

How can a Milwaukee, WI family attorney help you?

A skilled family immigration lawyer in Milwaukee, WI can help you with the process, which involves filling out and filing forms with U.S. Citizenship and Immigration Services. When your spouse receives a green card, it will be considered conditional. That means your spouse must meet certain requirements to keep his or her lawful permanent resident status. These cases can languish; do not let yours be one of them. Give us a call today.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What You Should Know About EB-1 Visas in Wisconsin

Posted on by Accel Admin

While the requirements for an EB-1 visa are flexible, it is still one of the difficult visas to obtain. If you require assistance assessing your qualifications for one, please read on, then contact an experienced work authorization permit lawyer in Milwaukee, WI to learn what you should know about EB-1 visas in Wisconsin.

How do you know if you qualify for an EB-1 visa in Wisconsin?

An EB-1 visa is an employment-based green card available to foreign nationals who demonstrate extraordinary ability in their field, whether the sciences, the arts, education, business or athletics. Applicants must present evidence proving their extraordinary nature with “sustained national or international acclaim.”

How do you obtain EB-1 visas in Wisconsin?

To apply for an EB-1 visa, you must provide the following documents:

  • Your passport, which must be valid for more than 6 months after your intended departure to the United States
  • Your employment offers from the United States employer
  • The approved labor certification
  • The approved petition
  • Your DS-260 confirmation page

Additionally, EB-1 visa applicants must present evidence of at least 3 of the following:

  • Receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Membership in associations in the field which demand outstanding achievement of their members
  • Published material about you in professional or major trade publications or other major media
  • That you have been asked to judge the work of others, either individually or on a panel
  • Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Authorship of scholarly articles in professional or major trade publications or other major media
  • Your work has been displayed at artistic exhibitions or showcases
  • Your performance of a leading or critical role in distinguished organizations
  • You command a high salary or other significantly high remuneration in relation to others in the field
  • Your commercial successes in the performing arts

How can a Wisconsin immigration attorney help you?

While engaging the services of a legal representative is not necessary, reaching out to one of our skilled Wisconsin immigration attorneys can make all the difference in the success or failure of your effort to obtain an EB-1 visa. Generally, the government takes about 8 months to process your EB-1 visa extraordinary ability petition. Once they have approved it, the government takes about 6 months to issue the permanent resident card. Furthermore, the fee for the issuance of your EB-1 visa will cost $1,045. Given the amount of time and money at stake, you will probably need the services of a seasoned immigration attorney to guide you through this arduous process. Give yourself the best possible chance at success.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What You Should Know About 3 and 10 Year Bar Waivers in Wisconsin

Posted on by Accel Admin

Whatever anyone else says, the United States is now your home and, presumably, has been for some time. However, for your own reasons, you have to leave the country. Please be advised that doing so could result in your being barred from reentry for an indefinite period. If you find yourself in this predicament, please read on, then contact an experienced 3 and 10 year bar waiver lawyer in Milwaukee, WI to learn what you should know about 3 and 10 year bar waivers in Wisconsin.

What you should know about 3 and 10 year bar waivers in Wisconsin

If a person lives in the United States unlawfully, then leaves the country, immigration laws may bar that person from reentry and obtaining a green card, even if they otherwise qualify, for a period of either 3 or 10 years. Therefore, a bar waiver is a legal document that can waive the bar, if the applicant can prove certain conditions.

How do you obtain a 3 and 10 year bar waiver in Wisconsin?

In order to obtain a 3 or 10 year bar waiver, you, the applicant, must establish that your denied reentry causes extreme hardship to you or your family in America. Examples of extreme hardship include the following:

  • Your spouse or parent has a medical condition and depends on you for care
  • Your spouse or parent is financially dependent on you and you will not be able to provide adequate support from abroad
  • Your spouse or parent has financial debts in the United States and cannot pay them without your assistance
  • Your spouse or parent has another sick family member and will be unable to care for that person without your support

How can a Wisconsin family immigration lawyer help you?

American immigration law is time-consuming and convoluted for the average person. You would be well advised to reach out to a skilled family immigration lawyer in Milwaukee, WI who will prepare legal documents and prep your qualifying family members for providing a personal statement. All of this evidence should discuss and attest to the hardship and the anticipated outcomes of your continued absence. You will also receive help in drafting and submitting your own personal statement supporting the arguments made by your qualifying relative and the conditions in your home country. Quality legal representation can make all the difference between success and failure in obtaining your 3 or 10 year bar waiver. Give yourself the best possible chance at success and call us today.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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The Do’s and Don’t’s of the Green Card Process in Wisconsin

Posted on by Accel Admin

Applying for a green card allows you to live and work in the United State indefinitely, and is the first step toward becoming a naturalized American citizen. But it is not easy obtaining a green card, because not all foreign individuals are eligible to live and work in the United States. If you are eligible to live and work in the United States, please read on, then contact an experienced green card lawyer in Milwaukee, WI to learn more about the do’s and don’t’s of the green card process in Wisconsin.

The do’s and don’t’s of the green card process in Wisconsin

Attaining the legal status of a permanent resident will take a good deal of time and resources. In order to optimize your chances of receiving one, here are the do’s and the don’t’s of the green card process:

Do:

  • Follow the instructions on your Bureau of U.S. Citizenship and Immigration Services  forms to the letter
  • Attach all the documents called for in the forms
  • Follow the Bureau of U.S. Citizenship and Immigration Services photograph instructions
  • Call or visit your local Bureau of U.S. Citizenship and Immigration Services if you have any questions
  • Request an interpreter if you have difficulty understanding English
  • Hire an immigration attorney

Don’t:

  • Commit any crimes
  • Engage in politically subversive activities
  • Smuggle other foreign nationals in the United States
  • Charge others for legal advice
  • Create the impression that you will not be living in the United States once you obtain your green card
  • Lie on any Bureau of U.S. Citizenship and Immigration Services form
  • Lie to Bureau of U.S. Citizenship and Immigration Services officers
  • Leave parts of your forms blank or assume that a part of the form is unimportant
  • Open the envelope with your medical exam results in it

How can an immigration attorney help you through the green card process in Wisconsin?

While the United States does not require you to hire an immigration lawyer, and even if you have a straightforward case, you would be wise to hire one. America’s immigration system is notoriously labyrinthine, frustrating and bureaucratic. Furthermore, it does not receive enough oversight or public scrutiny, which means you can easily fall through the cracks. If all this sounds intimidating, reach out to a skilled family immigration lawyer in Milwaukee, WI to discuss your next steps and how we can help you.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What is a U visa and who is eligible?

Posted on by Accel Admin

  • There’s a specific visa for victims of crime. It’s called a U Visa.
  • To be eligible for the U Visa, it has to be a rather serious crime; a felonious assault, an armed robbery. Anything in that nature, you should be eligible for a U Visa.
  • Another requirement is that you had to help in the prosecution of that crime. If you didn’t, then you’re not going to be able to obtain a U Visa.
  • Even if that crime occurred ten or twelve years ago and you aided the police or the district attorney’s office in processing that crime, you’ll still be eligible.
  • The other requirement is you will not be able to proceed with the U Visa unless the district attorney’s office or the police department signs a 918 supplemental form saying yes, you were actually very instrumental in the prosecution of the crime.
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What is a 3 and 10 year bar?

Posted on by Accel Admin

  • An important aspect of obtaining a visa is whether or not the applicant has ever violated three or ten year bars.
  • If you have been in the United States in an undocumented status for six months or more and you leave the country, you are barred from returning to the United States for three years.
  • If you have been in the United States in an undocumented status for one year or more and you leave the country, you are barred from returning to the United States for ten years.
  • In some instances, there may be a waiver allowing you to return.
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What’s a consular process with no waiver?

Posted on by Accel Admin

  • If it is a family petition and you filed the appropriate family petition form and the immediate relative form the process takes some months.
  • Once that’s approved, it is then forwarded to the National Visa Center. At the Center, the petitioner and the beneficiary have to complete documentation.
  • One important aspect is that the petitioner, if applying for a family member, has to show that that family member would not become a public charge.
  • That petitioner has to make a specified amount which varies depending on how many family members live with them.
  • For example for a single person applying for a wife who’s living abroad, that person has to make $19,612 per year to be eligible. That’s 125% over the federal poverty guidelines.
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Can I apply for waiver if my US citizen sibling files for me?

Posted on by Accel Admin

  • Yes, but the sibling is not a qualifying relative for the waiver so what that means is you need either a parent or a spouse and depending on what type of waiver. Sometimes children are qualifying relatives.
  • Depending on the waiver if you have those other family members in the United States that are permanent residents or citizens, then and only then will you be eligible to file for a waiver.

 

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I am a US citizen living abroad, can I sponsor my wife for her Green Card?

Posted on by Accel Admin

  • You essentially have to go through the same process that you would in the United States.
  • Some embassies will allow you to go through the process there if you have resided in that country for a certain period of time.
  • Some countries have immigration offices to assist with the process, for example it is not uncommon in London, Rome, and India to do so.

 

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What does it mean to be protected under 245 I?

Posted on by Accel Admin

  • This law allows a person who entered the United States without papers, no visa, and who wants to file for their Green Card through their spouse, or through their parents, or a sibling to stay in the United States.
  • They don’t have to go back to their home country if one of the following occurred: either an immediate relative petition or labor certification was filed on her behalf on or before April 30, 2001.
  • If it were that, that petition follows you to any other application you want to file, it waives you from returning to your home country, but you do have to pay a $1,000 fine on top of the regular fees.
  • If these applications were filed after January 15, 1998, you do have to show that you were in the United States as of December 20, 2000. If not, you’re not eligible for that.
  • One more important thing: if a relative petition or labor certification was filed for your parents and you were under the age of 21 when those petitions were filed, you are still eligible under 245-I law.
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Can I work in the US while my adjustment of status application is pending?

Posted on by Accel Admin

  • Yes. When you file the adjustment of status application, you automatically file for employment authorization.
  • Employment authorization is going to take approximately 75 to 90 days for it to be approved. Technically, you’re not supposed to be working prior to obtaining an employment authorization. However, there are probably 11 million people in the United States that are working without authorization.
  • I will say this: You should not work. However, if you are filing to obtain your permanent resident status through a spouse, working without authorization is not going to affect you obtaining adjustment of status.
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What documents are required for my adjustment of status interview?

Posted on by Accel Admin

  • The documents you need to file an adjustment status application really depends on what the relationship is between you and the beneficiary who you are filing for.
  • For example, for a spouse, obviously we will need a marriage certificate, birth certificate, and proof that the marriage is valid, or that you have a life together, a rent receipt, bank accounts, health insurance, car loans, or birth certificates of your children.
  • If it’s just a child, all you need is your birth certificate, your child’s birth certificate, and usually the marriage certificate.
  • Filing fees are incredibly expensive. You’re looking at $1,490 for adjustment application, which includes the I-130.

 

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What will happen in my adjustment of status interview?

Posted on by Accel Admin

  • The interview should go rather smoothly if you have thoroughly documented the case.
  • The process can get complicated or it may not be. It really depends on what immigration officer you’re going to have. At least that’s been my experience.
  • If it’s a marriage case and it’s a short relationship before you got married and there’s not a lot of supporting documents showing the validity of the marriage, the officer may separate each one of you and conduct and interview.
  • At that type of an interview, the attorney is able to be in the interviewing room with each person. It really depends on the case. If you’ve documented the case very thoroughly and you have children, for example, the interview should go rather quickly.
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What are the requirements to file an adjustment of status if I am married to US citizen?

Posted on by Accel Admin

  • The interview should go rather smoothly if you have thoroughly documented the case.
  • The process can get complicated or it may not be. It really depends on what immigration officer you’re going to have. At least that’s been my experience.
  • If it’s a marriage case and it’s a short relationship before you got married and there’s not a lot of supporting documents showing the validity of the marriage, the officer may separate each one of you and conduct and interview.
  • At that type of an interview, the attorney is able to be in the interviewing room with each person. It really depends on the case. If you’ve documented the case very thoroughly and you have children, for example, the interview should go rather quickly.
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How can I sponsor my spouse, children or parents as a Green Card holder? What’s the waiting time?

Posted on by Accel Admin

  • As a permanent resident, you can apply for your spouse and children.
  • You cannot apply for your parents. Only a US citizen can apply for parents. However, for your spouse and for your children, they do go on waiting lists. It’s called the preference category.
  • For spouse and children under the age of 21, they’re in a 2A preference category.
  • Right now, for example, if you’re from Mexico, there’s probably about a two-year waiting period.
  • If you want to petition for a son or daughter that’s over the age of 21 and you’re from Mexico, the waiting period on paper, if you file today, is 20 years. In reality, it’s over 100 years. There’s a lot of issues.
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