Using an Immigration Lawyer to Secure Fiancé Visas

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Immigration

Securing for your loved one a fiancé visa is no small matter. And that may require that you begin looking through an immigration lawyer listing to find one that can help out.

There are countless reasons, but those below are among the biggest.

First, and this should go without saying, lawyers know the law. This isn’t so much as the laws themselves – true, in this day and age, most all of us can access the rules as they’re written – but their application in practice, and also general court procedures.

You don’t want to end up in contempt of court for not knowing your stuff.

Also, you can’t actually represent yourself, no matter how much you study up or how many times you’ve watched Tom Cruise in “A Few Good Men” for confidence. When it comes to securing a fiancé visa, only licensed lawyers – in this case, an immigration lawyer – can represent you and present your case before any one of a few offices.

And there are a few offices. First, there’s the United States Citizenship and Immigration Services (this is where you’ll file the visa petition), the National Visa Center (this is where the name checks will be conducted) and/or at the United States Embassy or Consulate (this is where they’ll interview your fiancé and he/she will get his/her K-1).

Needless to say, then, it may behoove you to have someone guide you through.

What’s more, contracting the services of immigration lawyers can help prevent mistakes – especially costly ones. The costs can be in the form of money (fines, re-application costs, missed work) and time spent fixing your mistakes. That’s potentially a lot of grief.

Maybe most important, though, is that immigration lawyers can help get you resolution – especially when you need it. Maybe you didn’t know, but 40 to 60 percent of fiancé visa petitions filed don’t get approved. This is often due to a number of different issues.

None, though, that can’t be fixed with the help of immigration lawyers.

What an H 1B Visa Is And Why You Need It

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H 1B Visa

The United States immigration office and rulebook is a complex animal. There are many layers, particularities, nuances and finer details to the process worth knowing.

One in particular that may apply to you is the H 1B visa.

The H 1B visa is a non-immigrant visa, and allowed under the Immigration and Nationality Act.

Specifically, this lets United States employers fill out payrolls with work fromlaborers from other countries with a particular specialty, seeing as these are typically hard finds.

These are, the law states, often professional fields, such as those in chemistry, biotechnology, engineering, architecture, physical and social sciences, mathematics, health and medicine, law, accounting, arts, education, business specialties and theology – quite a wide variety of professional backgrounds, indeed. Ensuring that such people are accessible to various employers around the country is why the H 1B visa exists.

These aren’t easily obtained, and often require much proof to establish that the person (1) meets the qualifications of a specialty occupation, and (2) is needed for that job. Some requisites often include a bachelor’s degree in the related field and, if applicable, licensure from a state body, if it’s required to practice in that field.

These visas are relatively binding, and their status is highly contingent upon a worker’s ability to continue providing services for his or her employer. If for whatever reason their working relationship with the sponsoring employer is terminated, because the employee quits or fails to meet the sponsoring employer’s specifications and is fired, the employee must immediately file for a change of status. Options at his disposal are applying for another non-immigrant status or finding another employer. Or, leave the U.S.

If you find yourself in this situation, it may be wise for you to contract the services of an immigration attorney, to help smooth over or expedite that process. Things to consider.

Financial Requirements for Family-Sponsored Immigration

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immigration attorney

Generally speaking, there are two ways to immigrate to the United States. The first is through employer-sponsored immigration, which involves certain types of Visas, including the H1-B, EB-1, and several others. The second is family-sponsored immigration.

In both cases, it’s important that your sponsor be able to prove certain conditions if your application is to be approved. First, your sponsor must be a lawful permanent resident or citizen of the United States. Second, they must be eligible to sponsor you as a family member, meaning they are your spouse, parent, brother, sister, or child. Third, they must prove that they are at or above the poverty level by a minimum of 125%. But what does this mean?

What is the Poverty Level?

In the United States, the poverty level varies depending on how many individuals live in the household. It starts at $11,490 for a household of one. For each additional member of the household, the poverty level increases by $4,020. So a family of five would be at the poverty level if they earned $27,570 per year.

In order to be at 125% of the poverty level, that family must earn at least $34,462.50 per year. Unfortunately, even if your sponsor earns this much, you should still contact an immigration attorney, as many other factors can come into play.

Why Contacting an Immigration Attorney is a Good Idea

Generally speaking, a family that earns at least 125% of the poverty line should be able to sponsor at least one immigrant. The reason you should contact an immigration attorney, though, is because certain government benefits can have an impact on your household income. Plenty of would-be sponsors fail to account for these sources of income because they failed to work with an experienced immigration attorney.

For instance, if a foreigner’s sister was living alone, earning $930.83 per month, and receiving Medicaid benefits and food stamps, she may technically be at or above 125% of the poverty level. Without first speaking to an immigration attorney these benefits may be overlooked, leading everyone to believe that she could not sponsor her relative.

Poverty Lines Vary

The poverty line is consistent for all 48 contiguous states, Puerto Rico, the Virgin Islands, Guam, and the District of Columbia. Alaska and Hawaii each have their own, distinct, poverty lines, though.

Additionally, the poverty line changes from one year to the next. It’s possible that your application may be approved with the current federal guidelines so long as all documents are submitted promptly. Working with an immigration attorney helps to ensure that all documents are filled in correctly, minimizing the chances that you will experience any rejections or delays.

What If Your Application Is Denied Because of the Poverty Line?

Again, speak to an immigration attorney. If one family member is not eligible for sponsorship because of their income, there may be another family member who can is. Your attorney can work closely with your family to find the best potential sponsor, improving the chances that your application is approved.