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J. Molina Law Firm PLLC > Post English (Page 2)

2021 DACA Updates

[vc_row triangle_shape="no"][vc_column][vc_column_text]Recently there have been updates on the DACA program that has a direct effect on DACA recipients and the program. On July 16, Federal District Judge Andrew Hanen decided that the Department of Homeland Security (DHS) violated the law because of the way the DACA program was created.  He stated that back in 2012, the Administrative Procedure Act (APA) was violated when DHS created the DACA program by exceeding the power that Congress had provided this executive branch when DHS did not follow standard procedure by going through notice and commenting rulemaking under the APA.   As of right now, the following are the most relevant points...

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Differences Between a Green Card and a Citizenship

[vc_row triangle_shape="no"][vc_column][vc_column_text]Sometimes, there can be uncertainty after achieving a goal. After becoming a green card holder, or legal permanent resident, you must wait 5 years (3 years, if you are married to a US citizen) to apply for a US citizenship. The process is called naturalization, and you can apply with form N-400 to get your US citizenship if you meet every requirement.[/vc_column_text][vc_empty_space height="10px"][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] Often we focus on how to achieve a goal without fully understanding the benefits of achieving the goal. In past posts, we have focused on how and when you can apply for U.S. citizenship. We have explained the naturalization process and...

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Effective Steps for Consular Processing

[vc_row triangle_shape="no"][vc_column][vc_column_text]In a previous article, we explained what you need to do to get your Green Card if you’re in the U.S. today, we tell you about the Consular Process. [/vc_column_text][vc_empty_space height="10px"][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] Consular Processing is the process you follow if you reside outside the U.S. once you have an immigrant petition approved, and an immigrant or nonimmigrant visa is immediately available to you.   Follow these steps to apply for an immigrant or nonimmigrant visa at an U.S. Consulate or Embassy in your home country:  Make sure you’re eligible. Whether you’re applying for a Green Card through a family member or a visa through an employer, your first step is to make sure that you are eligible for such benefit, and that your visa category is up-to-date to process your case.  File your immigration request and wait for a decision. USCIS...

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Adjustment of Status: Why Do I Need It

[vc_row triangle_shape="no"][vc_column][vc_column_text]Are you in the United States and have recently received the approval on your Family Petition? Perhaps your fiancé is coming to the United States with his K1 Visa approved and you are getting married soon; or you’ve found an amazing job and your boss wants to sponsor you! If that’s so, then you are in need of an Adjustment of Status.  [/vc_column_text][vc_empty_space height="10px"][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] It is very important to be able to have a legal status in the U.S., and the Green Card is possibly one of the most sought-after immigration processes. The Adjustment of Status is the process you need to request a Green Card if...

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Venezuelans: Temporary Protected Status is Here

[vc_row triangle_shape="no"][vc_column][vc_column_text]The Temporary Protected Status, best known as TPS, is a temporary immigration status created by Congress in the Immigration Act of 1990, and it is given to people from specific countries that are going through complicated situations. These countries could have been selected because they have ongoing armed conflicts, environmental disasters, or extraordinary conditions that prove to be a threat against people and a good quality of life. [/vc_column_text][vc_empty_space height="10px"][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] TPS has been the right step and solution for people who, already in the US, cannot go home due to the unsafety of their home country, making departure or deportation unjustified. While being on a temporary immigration status, TPS provides a work permit and stay of deportation.    How to know if you are eligible...

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A Complete Guide To Filing a Family Petition

[vc_row triangle_shape="no"][vc_column][vc_column_text]Making the decision to start an immigration process is an important step in anyone’s life, so it’s just as important to be as informed as possible on what you need so you can be ready before you start a case. If you have been asking yourself how to proceed into filing a Form I-130, best known as Family Petition, we tell you more about it here. [/vc_column_text][vc_empty_space height="10px"][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] What is a Family Petition and do I need it?  Usually form I-130 must be filed in order to petition a relative. There are different categories, depending mostly on the person you want to petition. If this person, referred to as Beneficiary, is an immediate relative (spouse, or minor...

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Should I Apply For A Fiancé(e) Visa Or A Marriage Green Card?

[vc_row triangle_shape="no"][vc_column][vc_column_text]If you have made the decision to get married, congratulations! Being engaged, or having plans to get married, is a big step in anyone’s life. If you and your partner have made the decision to live together in the United States, the decision that follows is just as important as everything else: Will you apply for a fiancé(e) visa or a marriage green card?[/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] What is a Fiancé(e) Visa?  A Fiancé(e) Visa, also known as K-1 Visa, is obtained by filing Form I-129F. If your fiancé(e) is out of the U.S. and you want them to come over to get married, this is the step to take for them to be able...

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Can I Apply For a Work Permit?

[vc_row triangle_shape="no"][vc_column][vc_column_text]We understand how important it is to be able to support yourself and your family. In the United States employers have the obligation to make sure that their employees can work in the US, regardless of citizenship or national origin. To get an Employment Authorization Document (“EAD”), also known as Work Permit, you need to file Form I-765. It is very important to remember that without the proper authorization, working in the US is not permitted and could put you and any immigration process in risk. However, applying for the Work Permit is not difficult![/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] How Do I Apply for a Work Permit? If you apply for this application...

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Your rights and obligations as a legal permanent resident in the US

[vc_row triangle_shape="no"][vc_column][vc_column_text] Your rights and obligations as a legal permanent resident in the US Becoming a permanent resident in the United States is a great accomplishment. It gives you numerous opportunities and gives you peace of mind about living in the country on a permanent basis. However, as you become a legal permanent resident, it’s important that you understand all the rights and responsibilities that come with it.[/vc_column_text][/vc_column][/vc_row][vc_row triangle_shape="no"][vc_column][vc_column_text] Your rights as a legal permanent resident Acquiring this status allows you to enjoy a lot of benefits and perform many activities in the U.S, some of your rights are: Live permanently in the United States By definition, a permanent resident is someone...

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Tear down the invisible wall

[vc_row triangle_shape="no"][vc_column][vc_column_text] Tear down the invisible wall Mr. Biden, Tear Down the Invisible Wall By Jorge A. Molina The election of Mr. Biden by the slimmest of margins shows the need to heal our country. To bind up the nation’s wounds and divisions, Mr. Biden should tear down Mr. Trump’s invisible wall of hate and division. Mr. Trump’s invisible wall has proven eerily effective at keeping family’s apart and hamstringing American businesses. Mr. Trump’s invisible wall includes a laundry list of radical policy changes and harebrained regulations designed to stop legal immigration to the United States. The most recent one by the Trump administration is...

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