Law Offices of Daniel Shanfield

What Is the Difference Between a K-1 and a K-3 Visa?

K-1 and K-3 visas are both intended for couples. However, they are used very differently. A K-1 visa is also known as a fiancé visa and is useful when the couple plans to marry on American soil. It has several advantages, such as being easier to obtain and allowing the couple to stay in the U.S. together. On the other hand, a K-3 visa provides entry for a foreign spouse who is already married to an American citizen. These visas require longer waiting periods and greater amounts of evidence to prove the match is a good-faith marriage. K-3 visas are also more difficult because the couple remains

How Do I Start the Immigration Process for Myself or a Loved One?

One of the best ways to start the immigration process on the right foot is by speaking with an immigration lawyer right away. Your immigration attorney can help identify the visa needed to get you into the U.S. quickly and start living the American dream with your loved ones. An experienced immigration lawyer will know what documents you’ll need to get the best chance of success and will help you avoid delays by submitting the right forms in a timely manner.

What Do Immigration Lawyers Do?

Immigration lawyers are critical in helping immigrants enter the U.S. legally and achieve citizenship if that is their goal. Your immigration lawyer should speak openly about your chances of success after understanding your wishes regarding immigration. You should be honest when your attorney asks you questions and respond quickly when they request information or documents. While your immigration attorney can’t guarantee a particular outcome, they will work tirelessly to give you the best chances of approval.

What Is a Waiver of Inadmissibility, and How Can it Help Me Overcome Past Criminal Offenses?

In some instances, an immigrant has a criminal record that deems them inadmissible according to U.S. immigration law. Inadmissibility typically comes from serious crimes, such as violent crimes, drug crimes, and sex crimes. While it is more difficult to qualify for approval with a criminal record, it is possible to obtain a waiver of inadmissibility, or 212(h) waiver, which indicates that you have demonstrated rehabilitation and good character. Speak with an immigration attorney immediately to learn if you are eligible for a 212(h).

What Are the Requirements for Citizenship in the United States?

Many immigrants want to live the American dream in full, which can only be done after achieving naturalization for full citizenship. Some basic requirements include being an adult of at least 18 years of age, having lawful permanent residency for the required time, speaking English fluently, and passing a citizenship test. An experienced immigration attorney, like those at our San Jose, CA law firm, can help you pass the requirements and achieve your goals of U.S. citizenship.

What Is the I-751 Petition, and How Can it Help Individuals Owning Green Cards?

The I-751 petition requests an adjustment of status for individuals who received a temporary green card due to marrying a U.S. citizen. With the approval of your I-751, you are able to stay lawfully in the United States for ten years rather than the two years of conditional green cards. Ideally, you will file jointly with your spouse to remove your green card conditions. If you have divorced or your spouse passed away, your immigration attorney can help you apply to file independently.

How Does the Adam Walsh Act Impact Immigration?

The Adam Walsh Act is a piece of U.S. legislation regarding individuals who commit sex crimes against minors. While this is not necessarily an immigration legal issue, immigrants who wish to enter the U.S. with certain criminal activity on their record may be deemed inadmissible on the grounds of their past offenses. Additionally, a U.S. citizen wishing to bring their family into the United States may be limited according to the AWA. Our skilled team of immigration lawyers can help you overcome these obstacles.

Can I Take Advantage of Benefits Under the Violence Against Women Act if I Am a Man?

The Violence Against Women Act (VAWA) makes it possible for abused individuals to apply for adjustment of status without filing with their abusive family member. While men don’t fit the stereotypical abuse scenario, they are just as protected under VAWA. Our legal team offers excellent service for those suffering from abuse, including helping women, children, and men who are victims file independently.