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What are some options to adjust your immigration status in Atlanta?

April 21, 2020

An adjustment of status in the United States is one of the ways in which an immigrant can obtain a green card. Through this process, an eligible person can obtain a number of benefits, such as permission to stay in the country, even if your nonimmigrant visa expires. Therefore, through an adjustment of status we a person can get a step closer to applying for legal permanent residence in the United States. This immigration process can be an option for foreigners who reside within the country and comply with a series of documents and requirements that we will explain in this new Blog. Three important requirements for adjusting your status Many people do not know if they are eligible for an adjustment of their status. This is understandable given the numerous changes that the administration of the United States government continually makes. Not all immigrants in the country are eligible to make an adjustment to their status. To begin with, an applicant for adjustment of status must meet the requirements for permanent residency. If a person does not meet these requirements they may be denied and subsequently deported. For this reason, it is very important to seek help from an immigration lawyer who knows how to handle adjustment of status and permanent residence cases. Here are the requirements you must meet to make an adjustment of status in the United States: Physical presence in the United States. If the situation is that you do not reside in the country at the time of the adjustment of status, you cannot carry out any procedure related to this goal. First of all, it is necessary to apply for an immigrant visa at the consulate or embassy of your country of origin. Legal admission in the United States. As we previously mentioned, in order for you to make the adjustment of status, you must have a physical presence in the United States. However, when entering the country you must pass through an entry post, where an officer allows you to enter and will legally admit you into the country. Do not become a public charge. In the past month, the Trump administration approved the new Public Charge standard, which specifies and adds the specific elements for which a person is considered a public charge in the United States and cannot apply for adjustment of status. According to the USCIS, a person is considered a public charge if he or she is likely to depend on the government to survive in the country. Therefore, foreigners who wish to adjust their status must present the necessary evidence to prove that they can support themselves and are not likely to need help supporting themselves. For instance having a job, a place to live, owning a home can help.  Adjustment of status through your family or work As you may know, adjustment of status is a process that allows an immigrant to apply for lawful permanent residence status without having to leave the United States. One of the simplest ways that the Zambrano & Ruiz immigration law firm advises clients to pursue is to make the adjustment […]

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Five things to know about the new Public Charge Rule

July 28, 2016

Foreigners who request a visa to enter the United States must now more than ever demonstrate that they have full capacity to finance their trip and their stay in the country. Even Though this requirement is not new to the immigration system, the new Public Charge reform will put a stronger emphasis on immigrants’ financial capability to minimize the chances of allowing immigrants who might need financial support enter the country. As of February 24, 2020, the Trump administration will put into effect a new regulation for the new Public Charge rule in which they intend to investigate and requiere foreigners who enter or ask for a Green Card to provide very specific details and records about their health, education, income, and family history. Back in August 2019, the Citizenship and Immigration Services explained, “Self-reliance has long been a basic principle of United States immigration law. Since the nineteenth century, Congress has established a statute in which people who arrive to the country are inadmissible if they cannot sustain themselves without becoming a public charge. ” The new Public Charge regulation includes 20 new chapters that would make it easier for immigration agents to refuse green card petitions or even refuse foreigners to enter the country through any point of entry based on their financial capability. Due to these changes, it is very important to ask an experienced immigration attorney to represent you and help you complete and submit corresponding documents to prove that you will not become a ‘public charge’. In this new blog Zambrano & Ruiz Immigration Attorneys talk about 5 important things you should know about the public charge rule. 1. What is public charge? The Citizenship and Immigration Services states that “For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense”. 2. Age A key factor in determining whether an immigrant might become public charge to the United States is the age at the time of application. Immigrants that are between 18 and 61 years are considered at low risk of becoming a public charge. However, age is only a small factor to overcome, and applicants that fall under or over this age-frame might still be able to apply for immigration benefits.   3. Health Immigration officials who review new applications will consider applicants’ health as one of factors to deny or approve immigration benefits. Those applicants with conditions that require constant medical attention will be considered at a higher risk of becoming a public charge to the state. For this reason, the new Public Charge Rule would prevent immigrants from obtaining benefits to get medical attention in the United States. 4. Family When reviewing applications, immigration agents will also take into consideration family history to determine if applicants are at risk of becoming a public charge to the country. This consideration is given if the foreigner has a home to support, will be supported by others, or if there is any chance that […]

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