Sometimes it's hard to leave the place you have come to love. So many people come to Los Angeles and find it’s easy to overstay their visa. There doesn’t seem to be many consequences.... until they try to get a visa or green card. Then, reality hits. Once you have overstayed your visa, it’s almost impossible to fix your status inside the United States.
The provisional waiver is a way in which to ask for “forgiveness” from the government if you are inadmissible. Inadmissibility can be caused by many things, such as criminal history or derogatory immigration history. The most common inadmissibility grounds involve illegal entries and illegal presence in the United States. If you have been in the United States without status for six months, you can be subject to a three year bar. If you have been present in the United States without status for more than one year, you are subject to a ten year bar. This means that if you apply for a green card, you would be required to spend three or ten years out of the country before you can come back and have a green card.
Are you a DACA or TPS recipient married to a U.S. Citizen? If so, please review a possible path for you to get legal permanent residency at:
Obtaining a green card through investment can be done if the investor meets certain requirements. The “green card” provides permanent resident status for the entrepreneur, allowing him or her to stay in the United States and help the business grow. An experienced Los Angeles EB-5 investor attorney can help you get the visa you need.
In order to seek permanent residency via an EB-5 visa, an investor must meet certain requirements. They include:
- investing in a “new commercial enterprise,”
- creating or preserving at least 10 full-time jobs for U.S. workers,
- investing at least $1,000,000 USD or, as an alternative, $500,000 USD in a “targeted employment area.”
Every year, many businesspeople seek to launch, invest in, or expand businesses in the United States. For entrepreneurs who are also foreign nationals, investing in U.S. business is one possible route to obtaining an EB-5 visa and then permanent residency status, also known as a “green card.”
A foreign national may file for an EB-5 visa and then green card based on investment on his or her own behalf. In order to qualify for an EB-5 visa and then green card based on investment in a business, the investor must meet certain requirements.
Each year, thousands of people from all over the world seek to become permanent residents of the United States. Many people do so by pursuing their “green card,” which grants the recipient permanent resident status, through an “adjustment of status through family.”
An “adjustment of status through family” allows a foreign national to obtain a green card based on his or her relationship with a family member who is also a U.S. citizen or permanent resident. You may be eligible for an adjustment of status through family if you are:
When a foreign national marries a U.S. citizen, he or she becomes eligible to seek permanent residency (a “green card”) in the United States through an adjustment of status through marriage. Doing so exempts the newly-married individual from immigration quotas levied on his or her country of origin and offers other benefits as well. For instance, instead of waiting for five years to naturalize, the foreign national can apply for his her citizenship after two years and nine months.
With the recent and welcomed change at the federal government level regarding same-sex marriages, now same-sex spouses can adjust the status of the foreign national spouse if their marriage is recognized by the local jurisdiction as in California. This is true even if one of the spouses had previously had an opposite sex marriage or is self identified as bisexual.
Some cases seem impossible, but you just cannot give up no matter what. In this recent victory featured in our notable success for November 2013 here, the legal team at the Immigration Law Office of Los Angeles, P.C. was the fifth advocate to work with this client.
Remarkably, all five of her former advocates failed her and – in total – charged her more than $40,000 for their failures. Two of these were notarios/immigration consultants, but three were actually immigration attorneys.
Love and marriage don’t confine themselves to national borders. In many relationships, a couple wishes to marry despite one member of the couple being a U.S. citizen and the other being a citizen of another country. In these situations, the foreign national may be able to obtain an “adjustment of status through marriage,” through which he or she can obtain a green card by marrying their U.S. citizen partner.
The takedown of the federal Defense of Marriage Act (DOMA) in the face of a recent U.S. Supreme Court ruling means that same-sex couples may now access federal benefits on the same basis as other married couples - and that agencies throughout the federal government are scrambling to comply with the new ruling.
Attorney Scott McVarish at the Immigration Law Office of Los Angeles, P.C. has a long history fighting for the rights of LGBT individuals and couples. His past work includes successfully defending teachers who were subjected to discrimination based on their sexual orientation. He also litigated against school boards who were attempting to discriminate against their employees based on sexual orientation and forced settlements strengthening those school districts antidiscrimination policies. His work was featured on NBC Dateline.