How to Get a Mica Through Marriage

How to Get a Mica Through Marriage

If you are an American citizen and want to ask your partner, there are different ways to ask for it depending on where they reside. This article will focus on couples currently living in the United States.

When an American citizen asks for his or her partner, there is always a visa available for his or her partner since he or she is considered an immediate family member. This means that the family petition can be submitted to your partner and at the same time the adjustment of status petition is submitted. obtain permanent residence – what is commonly known as mica.This petition can only be submitted in the United States.When the request for the mica is being made by an American embassy or consulate in another country, it is called the consular process

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To be able to submit the petition with adjustment of status, it is necessary that your partner qualify. The only people who can submit the adjustment of status are those who entered the United States legally with either a tourist visa or a temporary residence permit (parole). ), or if a family member submitted a petition to them before April 2001. The way to enter the United States is an extremely important factor since the American government penalizes all those who entered without being inspected in an entry booth. therefore, people who entered “illegally” can not make an adjustment of status unless they have a pending petition that was submitted before April 2001.

If your partner entered the United States “legally” and married an American citizen, the family petition can be filed with the petition for the mica. At the same time, a petition is submitted for work authorization while you obtain your mica.With work permit, your partner can get a social security number and driver’s license. It is very important that the forms are filled out properly because when mistakes are made, your information may go incorrect.

Currently, the average time to complete an adjustment of status is more than one year. This time is when the request is submitted until the interview is held. In the interview of your adjustment, the immigration officer will make them questions about all the information they submitted on their forms. Also, since the petition is through marriage, they will question their courtship, marriage, and their intimate and personal lives. All marriages that are less than 2 years old are married on the day of the marriage. interview, they will be given a conditional residency for 2 years. Before the 2 years have to make sure to remove the conditions and also have to establish again that their marriage was based in good faith and not for the purpose of receiving a mica.

This migratory process tends to be long, complicated, and stressful. Lawyer Yunuen Mora of Cross Border Lawyer has submitted and represented innumerable cases of successful adjustment of status. She will be able to represent them from the beginning, explain the process to them, and answer all their doubts in the journey. She will also prepare you for the interview and accompany you in the interview.

How to get a Mica if your Husband mistreats you?

How to get a Mica if your Husband mistreats you?

Once your spouse (husband or wife):

  • Did he threaten to hit you or your children?
  • Is violence physical? – Has he hit you, punched you and / or slapped you? Have you pushed or hurt you or your children in any other way?
  • Have you abused you emotionally? – Does this usually happen with insults to you or your children at home or in public?
  • Does it force you to have sex when you do not want to?
  • Have you threatened to take your children or hurt them?
  • Did he threaten to throw you out to the “migra” or immigration authorities to deport you?
  • Do you control your exits, what you do, and even who do you go out with?
  • Do you control the money that you give and have run from your house?

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If you answered “YES” to any of these questions, you and your children can qualify to get:

  • Work permit.
  • Temporary permission to live in the United States while you process your application for permanent residence (“mica”).
  • Request and get the mica without the help of your spouse.
  • You can apply for medical care and government benefits such as money or stamps.

The requirements to qualify for the application for immigration against violence against women *, better known as VAWA (Violence Against Women Act), are the following:

  • Living in the United States (if you are abroad you can qualify if you show special circumstances).
  • If you lived with your spouse for some time no matter if it was in the United States or abroad.
  • If your spouse mistreats you or your children during the marriage.
  • If your spouse is a US citizen or permanent resident of the United States, like:
    • If your spouse was a resident, but was deported for having committed domestic violence, you may still be entitled to apply for VAWA.
    • If you recently divorced due to the abuse you suffered, you can qualify for VAWA.
  • You have to prove that your marriage was in good faith and not in order to receive a migratory benefit.

What can you do to document the abuse and have a successful application?

  • Keep reports from the police, the doctor or any other document that helps you prove abuse.
  • Keep a copy of any document that shows that you lived with your spouse. These documents can be bank statements, contracts or rent receipts, documents from your children’s school, cell phone receipts, etc.
  • Proof that you live in the United States.
  • Copy of important official documents such as marriage certificate, previous divorces record, birth certificates, passport or mica copies of your spouse.
  • It is also important to write the dates of the mistreatment incidents and a narration of what happened in each incident.

If you need immediate assistance because your life is in danger, call 1-800-799-SAFE (7233)

*The fact that the petition is called an immigration request against violence against women does not mean that only women qualify. Men are also victims of domestic violence and qualify for this request.

Who qualifies for provisional I-601A forgiveness?

Who qualifies for provisional I-601A forgiveness?

The provisional exemption for illegal presence is better known as the I-601A provisional pardon. The people who need this forgiveness are the ones who accumulated illegal presence in the following way:

  • If you came to the United States without documents and have stayed here for more than 6 months.
  • If you arrived in the United States on a visa and stayed for more than 6 months after your permission to stay in the United States expired.
    • If the family member requesting you is your immediate family member as a child over the age of 21 or your spouse, you do not need forgiveness because you qualify to apply for your mica in the United States. All other people who are not in the aforementioned case will need forgiveness.

The provisional exemption only “forgives” your illegal stay in the United States. The law penalizes all people who entered the United States and who stayed for more than 6 months without documents. When a relative asks you and you need to go to your country of origin to an interview at the American consulate or embassy, ​​you are given a sentence of 3 years or 10 years depending on the time you were without documents. All those who have been in the United States for more than 1 year without documents, will have a penalty of 10 years. An approved application absolves the penalty of 3 or 10 years and that way you can return to the United States as a resident immediately after your interview at the American Embassy in your country of origin.

Which are the requirements?

  • Be physically present in the United States when you submit your request.
  • Go to an appointment to provide your prints.
  • Be over 17 years old
  • Have an available visa with which you can go to your appointment in your country of origin at the American embassy or consulate. The immigrant visas mentioned below are those that qualify:
    • Form I-130 approved based on a family member’s request.
    • Form I-360 approved based on the request of a Eurasian, widower, or special immigrant.
  • Show that you paid the processing fee for your immigrant visa with the State Department.
  • You are inadmissible to the United States for an illegal face-to-face period.
  • Show that if you are denied an immigrant visa, this will cause extreme hardship to your spouse or to your parents, if any, who are US citizens or permanent residents.

American citizen children or residents do not make you qualify for this forgiveness!

Remember that this forgiveness only forgives your illegal stay in the United States. If you have several exits and entrances to this country or committed a crime, you will not qualify for forgiveness. You also have to make sure that you do not have other things that can make you ineligible for the visa and that for that reason you need another pardon since you are in your country of origin. It is important that an immigration lawyer analyze your case.

Contact us if you need guidance for this process.

What does the new ruling of the Supreme Court of the United States mean for your immigration case?

What does the new ruling of the Supreme Court of the United States mean for your immigration case?

On June 21, 2018, the Supreme Court of the United States gave its ruling in the Pereira v. Case . Sessions , in which he established that Notice of Appearance, better known as Notice to Appear , is not valid if it does not determine the place, date, and time of the hearing. Most of these notifications were delivered in this way and that is why it can now be argued that they are not valid.

What does this mean?

First you need to see your Notice of Appearance to see if you set the date and time of your hearing with the immigration judge. Most of these notifications left this data blank or with the letters TBD meaning that the data will be determined later. If your notification is like this, you have the possibility to do the following:

  • If you already have a deportation order and appealed your case, you can file a motion to reopen your case and terminate it by defective notification.
  • If you have a deportation order because you did not attend your hearing, you can file a motion to have your case reopened and ask the court to remove your deportation since your notification is invalid.
  • If you lost your request for cancellation of deportation because you did not have enough years to establish your stay in the United States, the court ruling determined that a defective notice never stopped your time and you are likely to be eligible for cancellation now. If so, you are eligible to submit a motion to reopen your case and the judge will evaluate your case one more time.
  • If you are fighting your immigration case in front of a judge, you may be able to file a motion to end your case due to the defective notification.

All people who have seen an immigration judge or who are currently fighting their case, may be able to benefit from the Supreme Court ruling. Contact us (619)748-8621 to evaluate your case and determine if you are eligible.