What is the Visa Waiver Program? How Does it Work?

For most travelers wishing to come to the United States for business, tourism, work, uniting with family members, etc., they must first obtain a visa from the U.S. Department of State. A visa is simply a travel document that is affixed to a page in your passport, which gives you permission to enter and stay in the United States on a temporary or permanent basis. Based on your reason for coming to the U.S. you will likely be required to request either a non-immigrant (temporary) or immigrant (permanent) visa. The major difference between the two depends upon your intent to return to your home country once the period of stay on your visa expires. However, the Visa Waiver Program allows travelers from member countries to travel to the United States for business or tourism, for a period of 90 days or less, without obtaining a visa. The same is true for U.S. citizens wishing to travel to Visa Waiver Program member countries.

Immigration LawMichael CarboneJune 17, 2021Carbone Law, LLCImmigration, Visa Waiver Program, ESTAComment

Do I Need to Speak English to Naturalize and Become a United States Citizen?

If you are eligible to naturalize and become a United States citizen, one of the requirements of the application process is that you pass a series of reading, writing and speaking prompts to show that you have a basic understanding of the English language. When you arrive to your naturalization interview, the immigration officer will speak to you in English. They will ask you basic questions about yourself, such as your name, address and other identifying information. Similarly, they will walk through your application and will likely ask you questions pertaining to the information you provided. In doing so, they are testing your ability to carry a conversation and prove that you're capable of speaking the English language.

Immigration LawMichael CarboneMay 19, 2021Carbone Law, LLCImmigration, NaturalizationComment

Immigration Basics: What is "Unlawful Presence," How Does it Affect My Application and What Are the Consequences?

On April 1, 1997, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"), a harsh and extremely restrictive anti-immigration law took effect, which has left a dramatic impact on families and businesses for decades to come. Amongst the many restrictive provisions of IIRIRA, Congress established the concept of unlawful presence, which is defined as the period of time when you are in the United States without being admitted or paroled or when you are not in a "period of stay authorized by the Secretary."

I-130 Applications: Here's the Best Evidence to Prove You're in a Bona Fide Marital Relationship, No Matter How Long You've Been Married.

In a previous post, I shared some of the basics of what evidence you must submit with your I-130 Application when attempting to secure immigration benefits for your non-citizen spouse. One of the most heavily scrutinized aspects of the I-130 application, particularly when it comes to immigrating via marriage to a U.S. citizen, is the bona fide marital relationship requirement. Under this requirement, you must prove that your marriage is authentic and not a sham used to fraudulently obtain a greencard for someone else.

The Affidavit of Support: What are the Requirements and My Responsibilities as a Sponsor?

For anyone going through the process of filing for immigration benefits for a family member, the Affidavit of Support is a necessary step before the United States Citizenship and Immigration Services ("USCIS") can fully consider your application for approval. As the sponsor for your non-citizen relative's application, you must sign a contract with the U.S. Government where you agree to use your financial resources to support your relative if and when they are given authorization to enter, live and work in the United States. This contract is known as the Affidavit of Support.

I-130 Application Basics: What Are The Supporting Documents That I Need for My Spouse?

The I-130, Petition for Alien Relative, is the first form that will be filed with the United States Citizenship and Immigration Services (“USCIS”) by all U.S. citizens and Legal Permanent Residents who intend to establish legal residency status for their family members here in the United States. For the purposes of this post, we will focus on applications pertaining to spouses of U.S. citizens, as these are the most common types of cases.

Immigration Application Basics: What is a Request For Evidence and How Should I Respond?

Whether you’ve hired an attorney to file your request for immigration benefits or you’ve decided to take on the task yourself, no amount of planning and preparation can prevent a Request for Evidence (“RFE”). Even for the most diligent person among us, despite careful planning, checking over all the paperwork, and making sure everything looks right, the immigration officer reviewing your application may still send an RFE.

The Child Citizenship Act of 2000: International Adoptions and Automatic U.S. Citizenship

On October 30, 2000, Former President Bill Clinton signed into law the Child Citizenship Act of 2000, which contains provisions that allow foreign-born, biological and adopted children of U.S. citizens to acquire U.S. citizenship automatically, if they satisfy certain requirements before the age of 18.

I Overstayed My Visa, Can I Still Get A Greencard Through Marriage to A U.S. Citizen?

For those that came to the U.S. on a valid non-immigrant visa, and then through the course of their studies or while working at their job they met someone, got engaged and are now married, it might come as quite a surprise that the immigration laws are very forgiving to people who overstay their visas under these circumstances. In fact, this happens quite regularly in the U.S.

Immigration LawMichael CarboneFebruary 7, 2020Carbone Law, LLCVisa Overstay, Greencard, Immigration, VisasComment

Engagement, Marriage and Legal U.S. Immigration Status

Engagement and marriage to a U.S. Citizen is by far the most direct and immediate path to securing legal immigration status in the United States. For that very reason, the United States Citizenship and Immigration Service (“USCIS”) reviews each and every application under a heightened level of scrutiny in an attempt to uncover any evidence of immigration fraud or misrepresentation. Since the path to citizenship is shortened and simplified for individuals who are married to U.S. citizens, the potential for abuse of the system is intensified. Our current immigration laws were written favorably towards fiancés and spouses in an effort to not only promote family unity, but also to ensure that the law was not a direct obstacle to keeping families together. Given the public policy interests for providing this fast track to fiancés and spouses, it is important to note that, despite increased scrutiny, bona fide relationships and marriages will easily overcome any hurdles faced during the application process.

Immigration Law Overview: Who Can Legally Live, Work and Travel Within the United States?

The Immigration and Nationality Act (“INA”) was originally enacted in 1952 and although it has been amended numerous times, it addresses all aspects of our immigration system, including, birthright citizenship, asylum, deportation, travel visas, and legal authorizations to live and work in the United States.

Due to the immense complexity of our immigration laws, it’s quite easy to misunderstand the different ways that someone is legally authorized to live, work and travel within the United States.

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