HELPING A FAMILY MEMBER IMMIGRATE
Many U.S. citizens and lawful permanent residents have family members or loved ones, who wish to immigrate to the United States. Fortunately, our immigration system provides us with the means of bringing them to the U.S. to live and work without restrictions.

WHAT IS THE FAMILY IMMIGRATION PROCESS?
The process for helping family members immigrate to the U.S., is paperwork intensive and can require several different forms of proof, both financial and of personal ties. Despite the end goal being the same in each case, that is, bringing your loved one to join you in the U.S., the process varies depending on your relationship.

HOW DO I BRING MY PARENTS, SIBLINGS OR CHILDREN TO THE U.S.?
While there are many different ways to bring a family member to the U.S., it is important to note that each process comes with its own set of advantages and drawbacks. Pursuing the wrong immigration strategy can mean a difference of months and years before you are reunited with your loved ones on U.S. soil. For most options, you will need to submit a documentation packet establishing the qualifying relationship between you and your family member, and showing that they are eligible to join you. However, the process differs depending on the nature of your relationship and their current circumstances.

I AM MARRIED, BUT MY SPOUSE IS ABROAD AND WISHES TO IMMIGRATE
If you are already married and seeking to have your spouse enter the U.S. and join you, you will need to submit the appropriate paperwork with the United States Citizenship and Immigration Services (USCIS). The process varies depending on whether or not your wife or husband is currently abroad or visiting the U.S., as it can affect processing time and the documentary evidence needed.

I AM NOT YET MARRIED, BUT WISH TO HELP MY FIANCÉE IMMIGRATE
If you are in the process of getting married, but wish to get married in the U.S. to your foreign-national fiancée, your soon-to-be spouse may be eligible for a fiancée visa. If you are seeking to bring your fiancée to the U.S., contacting a lawyer may help you both expedite the process and, avoid costly mistakes which could both delay your fiancée's entry and even possibly affect his or her future U.S. status.

THE RIGHT ATTORNEY CAN MAKE THE DIFFERENCE
An experienced immigration lawyer can provide you with a strategy for bringing your loved ones to the U.S. as quickly as possible. Pursuing the wrong pathway can mean undue delays and thousands in additional fees. At The Law Office Of Jillian Yanes, P.A., we provide you with access to quality, experienced representation to help you reunite with your loved ones. Contact our Naples, Florida, office by phone at 239-449-0325 or via our contact page to discuss your specific situation.

WHAT TO DO WHEN THINGS DON'T WORK OUT
If you have received your green card based on a marriage that was less than two years old at the time of filing the green card documentation, you are subject to conditions on your U.S. residence. Typically, this means that after having your green card for two years, you must once again provide evidence that the marriage was not the result of fraud or an attempt to evade immigration authorities.

Failing to properly demonstrate the legitimacy of your marriage can have drastic consequences, including the revocation of your green card, the triggering of a bar from the U.S., or a significant delay in your adjustment of status. An experienced immigration attorney can work with you to present the strongest evidence possible so that your life is not disrupted.

The attorneys at The Law Office of Jillian Yanes, P.A., help people across Florida facing these and other immigration issues.

Typically, the petition to remove conditions on residence is filed jointly between the two spouses, and it includes any children that were in the original petition. However, this often is not a simple process. Perhaps you and your spouse divorced. Perhaps you are now a widow or widower, or had to terminate the marriage due to battery or other hardship. In these cases, it can be considerably more difficult to prove the legitimacy of the marriage, especially if your former spouse is unwilling or unable to cooperate.

PROVING THE LEGITIMACY OF YOUR MARRIAGE
When it comes time to remove the conditions on your residence, you will need to submit evidence to USCIS and an immigration adjudicator. However, while there are guidelines as to what you should submit, the evidence is still evaluated in a subjective way. As such, the guidance of a skilled and experienced attorney can help you present your case in the strongest possible light, and ensure that your stay in the U.S. is not compromised in any way.

CONTACT US TO BEGIN THE PROCESS
Contact our Naples, Florida, office today via phone at 239-449-0325 or our contact page, to discuss your case with an experienced immigration lawyer.

TYPES OF VISAS
Visas are the documents issued to foreign nationals that grant them the ability to enter the U.S. and usually dictate the amount of time they are allowed to stay in the U.S. in legal status. The process of obtaining a visa is dependent on the types of visa sought.

Most commonly, visas are awarded for skilled laborers or students, with most visas being in the "nonimmigrant" category, or granting legal status in the U.S. for a defined amount of time.

The most typical visas are usually:

F, or student visas, granted to students who wish to study in the U.S. and their spouses
B visas for temporary visitors, domestic employees, or those seeking medical treatment
E visas for entrepreneurs and investors of treaty countries
Employment visas, such as the H for specialty occupations requiring specialized knowledge, and L visas for intracompany transferees
O visas for aliens of extraordinary ability in business or the arts
There are also visas available for victims of human trafficking (T visas) and victims of criminal activity (U visas).

In addition to nonimmigrant options, there are several immigrant visas available to foreign nationals, which grant them permanent stay in the U.S. In particular, there are several investor visa categories available for those seeking to invest in the U.S.

U VISA IS A PATHWAY TO IMMIGRATION FOR VICTIMS OF CRIME
If you have been a victim of criminal activity, or have information about criminal activity, you may be eligible to apply for and be granted a special type of visa known as the U visa. Intended to protect the victims of crimes, the U visa is also a viable option for those who have collaborated with U.S. law enforcement in regards to criminal activity.

Specifically, you or a loved one may be eligible for a U visa if:

You are the victim of a qualifying crime
You have endured physical or mental hardship due to being the victim of a crime
You have information about the criminal activity
To qualify for the U visa, the crime in question must have either occurred in the U.S. or violated U.S. laws. Qualifying crimes include domestic violence, extortion, rape, sexual assault, trafficking, and other serious criminal activities.

OBTAINING A U VISA
In order to obtain a U visa, you need to present specific evidence to create the strongest possible case. As this visa type deals heavily with crime and criminal enterprises, the experience of attorneys who are familiar with both immigration law and criminal litigation can be invaluable. As with every visa, the scrutiny that the United States Citizenship and Immigration Services (USCIS) places on candidates is high. A knowledgeable lawyer can help you discern whether or not you fulfill the U visa criteria, and can work with you to assemble the strongest evidence possible. At The Law Office of Jillian Yanes, P.A., our attorneys combine the necessary experience to help you present the strongest possible case for a U visa.


THE PROCESS OF OBTAINING A VISA
To get a visa, you must be able to provide documentary evidence of your eligibility. However, the requirements are vastly different for each visa category. A skilled lawyer can work with you to determine both the best visa for your situation, but also the type of evidence that needs to be shown, so that you don't waste hundreds if not thousands of dollars on unnecessary government fees and months of your life waiting for a response.

CONTACT US
Reach out to our Naples, Florida, office to speak to a skilled attorney and determine your best course of action.
Call 239-449-0325 or complete our online contact form to schedule your consultation.

THE STEPS TO OBTAINING ASYLUM
The United States provides asylum for those who have been persecuted, or have a fear of persecution, in their country of origin for a variety of reasons: race, religion, nationality or political opinion. An application for asylum can be submitted if the foreign national is in the U.S., and can be used to provide immigration relief, allowing them to stay in the country while their case is being evaluated.

THE PROCESS OF SEEKING ASYLUM
Asylum can be sought as both an affirmative form of relief, and as a defensive process against deportation proceedings.

To apply for affirmative asylum, you must be physically present in the U.S., and apply within a year of your entry. Foreign nationals are able to apply for affirmative asylum regardless of their immigration status or manner of entry into the United States.

If the application is denied, the asylum seeker will be issued an order to appear before court, where the case is reconsidered. At that point, the option to apply for defensive asylum is also available, should the judge deem that the case is ineligible.

THE IMPORTANCE OF SKILLED REPRESENTATION
Presenting a thorough case on your behalf to USCIS can mean the difference between remaining in the U.S. legally, and undergoing deportation proceedings. At The Law Office of Jillian Yanes, P.A., we can work with you to craft a comprehensive case on your behalf. Our attorneys specialize in developing creative solutions to complex problems, including the problems related to seeking asylum and refugee status.

Call our Naples, Florida, office 239-449-0325 or complete our online contact form to schedule your consultation with a knowledgeable lawyer today.

WHAT IS PROSECUTORIAL DISCRETION?
Undergoing administrative deportation is not necessarily the end of the line. Aside from seeking asylum or pursuing other ways to remain in the U.S., foreign nationals of good moral standing may also appeal for prosecutorial discretion.

In cases where a foreign national has lived in the U.S. for a significant amount of time and developed significant contacts here, while demonstrating good moral character, the Department of Homeland Security (DHS) has the authority to not pursue removal proceedings or deportation. Though not strictly a pathway to immigration, the foreign national still may be eligible to get authorization to work and receive a driver's license.

THE FACTORS OF PROSECUTORIAL DISCRETION
DHS reviews cases on an individual basis before making the decision to exercise prosecutorial discretion. However, certain factors hold more weight than others when it comes to closing the administrative deportation file. Specifically, DHS evaluates the following:

Extenuating circumstances in regards to the immigration offense
The length of time since the offense
Duration of stay in the United States
Any history of military service
The extent of family or community ties in the U.S.
Factors that relate to the U Visa
Compelling humanitarian factors such as medical status, age, pregnancy, a young child, or an ill relative
This list, however, is not exhaustive. The DHS reviews each case in totality when making the decision. In these cases, the aid of a knowledgeable attorney who can present your case in the best possible light can be an invaluable resource.

PROSECUTORIAL DISCRETION AND OBTAINING A DRIVER'S LICENSE
If a case has been deemed "administratively closed" or has undergone prosecutorial discretion, the foreign national may be eligible to receive a driver's license. While the foreign national would still be considered out of status in the U.S. (or an "undocumented immigrant"), he or she would be able to live and work in the United States.

CONTACT A SKILLED IMMIGRATION LAWYER
If you or a loved one is currently in the U.S. and facing removal proceedings, seeking prosecutorial discretion may be a viable option. Call our Naples, Florida, office to schedule a consultation. Call 239-449-0325 or complete our online contact form.