IMMIGRATION AND POLICY: THE FIANCE(E) VISA K-1

IMMIGRATION AND POLICY: THE FIANCE(E) VISA K-1: "The K- 1 nonimmigrant visa category permits the fiance(e) of a United States Citizen petitioner to enter the United States for a 90-day peri..."

THE FIANCE(E) VISA K-1

The K-1 nonimmigrant visa category permits the fiance(e) of a United States Citizen petitioner to enter the United States for a 90-day period to marry the petitioner and apply permanent residence.

This is the best visa for a U.S. Citizen considering marriage to a foreigner. The fiance(e) visa is a temporary visa that permits a fiance(e) to travel to the United States and getting married, the fiance(e) can apply for the green card.

1. A fiance(e) visa holder can only adjust status based on the marriage to the fiance(e) petitioner.

2. A fiance(e) visa holder whose bona fide marriage to the fiance(e) visa petitioner is more than 2 years old at the time of the adjustment application is adjudicated is not subject to the provisions for conditional resident status under the section 216 of the Act. 

3. A fiance(e) visa holder satisfies the visa eligibility and visa availability requirements of section 245(a) of the Act on the date he or she is admitted to the United States as a K-1 nonimmigrant, provided that the fiance(e) enters into a bona fide marriage with the fiance(e) petitioner within 90 days.
Matter of SESAY, 25 I&N Dec. (BIA 2011).

For more information about fiance(e) visas, contact the Offices of Norka M. Schell, LLC

IMMIGRATION AND POLICY: Inadmissibility v. Deportability

IMMIGRATION AND POLICY: Inadmissibility v. Deportability: "There is often a great deal of confusion between inadmissibility and deportability. Current law provides for the removal of a wide range of ..."

Inadmissibility v. Deportability

There is often a great deal of confusion between inadmissibility and deportability. Current law provides for the removal of a wide range of individuals. In this context, removal means the ejection of a person from the United. Included in the Immigration and Nationality Act is a long list of "inadmissibility" and "deportability" provisions. The deportability provisions are applied to a person who has been formally admitted to the United States and the inadmissibility grounds are applied to those who have not been legally admitted tothe country. The procedure for ejecting or removing any person, irrespective of whether they have been legally admitted is termed a "removal" hearing. Prior to 1996, the immigration statute provided that questions involving the application of the inadmissibility and deportability provisions were, as general rule, governed by whether a person had gained entry into the United States. The proceedings for those seeking admission were called "exclusion hearings," and for those who had managed to enter, "deportation hearings." In the exclusion hearings, the Immigration Judge determine the applicability of the inadmissibility provisions. In deportation hearings, the Immigration Judge would determine the application of the deportability provisions. In 1996 the Illegal Immigration Reform and Immmigrant Responsibility Act ("IIRAIRA") was enacted. Since then, there have been more efforts at restricting immigrants' access to the courts and expanding the power to remove them.

For more information about Inadmissibility and Deportation, contact the the Law Offices of Norka M. Schell.