Frequently Asked Questions (FAQ)s
General Immigration (FAQ)s
Every person living in the United States has an immigration status. Immigration status refers to the legal right of a person to live and work in the United States. Different immigration statuses carry different rights within the United States.
There are four general categories of immigration status:
- U.S. Citizen,
- Resident,
- Non-immigrant, and
- Undocumented.
There are two primary sources of citizenship:
-
- birthright citizenship, in which a person is presumed to be a citizen if he or she was born within the territorial limits of the United States, or—
- Providing certain other requirements are met—born abroad to a United States citizen parent, and naturalization, a process in which an eligible legal immigrant applies for citizenship and is accepted.
These two pathways to citizenship are specified in the Citizenship Clause of the Fourteenth Amendment of the Constitution which reads: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”.
National citizenship signifies membership in the country as a whole; state citizenship, in contrast, signifies a relation between a person and a particular state and has application generally limited to domestic matters.
State citizenship may affect (1) tax decisions, (2) eligibility for some state-provided benefits such as higher education, and (3) eligibility for state political posts such as United States senator.
At the time of the American Civil War, state citizenship assumed much-increased importance when it was widely deemed to have a prior claim over the citizens’ loyalty in the seceding Southern states. In Article One of the Constitution, the power to establish a “uniform rule of naturalization” is granted explicitly to Congress.
United States law permits multiple citizenships. Citizens of other countries who are naturalized as United States citizens may retain their previous citizenship, although they must renounce allegiance to the other country. A United States citizen retains United States citizenship when becoming the citizen of another country, should that country’s laws allow it. United States citizenship can be renounced by Americans who also hold another citizenship via a formal procedure at a United States embassy.
Reference: uscis.org
As a United States Citizen you:
- Cannot be deported, unless you got your citizenship through fraud,
- Are protected by all the laws of the United States, your state, and local jurisdiction,
- Can travel with a U.S. passport,
- Get federal benefits only available to U.S. citizens,
- Can sponsor relatives for green cards,
- Your children are automatically U.S. citizens,
- Can vote in U.S., state, and local elections,
- Can run for elected office and apply for government jobs.
As a U.S. citizen you are responsible for:
- Filing U.S. income tax returns,
- Registering with the Selective Service if you are a male between 18-26 years old,
- Serving on jury duty if you are selected.
Each nonimmigrant status comes with its own set of rights and responsibilities. Regardless of your status, you have certain rights including the right to be protected under the laws of the United States.
You are responsible for leaving the country when your visa expires. If you remain in the U.S. after your visa expires, you will now be in the country illegally.
Before that happens, you are advised to seek legal counsel.
People who are in the United States without permission are often called undocumented immigrants. Sometimes people are undocumented because they:
- Entered the U.S. illegally, or
- Overstayed a temporary visa.
Undocumented immigrants might be deported at any time.
People who are undocumented do not:
- Have access to public benefits,
- Have permission to live in the U.S., and
- Have legal authority to work in the U.S.
If you are undocumented, you still have rights in the United States. Undocumented immigrants have the protections of the U.S. Constitution. These rights include:
- Right to due process,
- Right to a lawyer in criminal proceedings,
- Right for your child to have access to free public education, and
- Right against unreasonable search and seizure.
Changing, or adjusting, your immigration status is complicated and can have serious consequences. You may want to consult an immigration attorney to guide you through the process.
To learn more about adjusting your status, follow the appropriate links below:
- Apply to become a U.S. Citizen, go to the U.S. Citizenship and Immigration Services (USCIS) website.
- Apply for a Green Card, go to the USCIS website.
- Apply for a United States visa, go to the U.S. Department of State website.
- Talk to AfrImmigration legal counsel
Fiancé(e) 1-129F Visa Related FAQs
An I-129F is a petition for a fiancé admission to the United States who intends to marry a US citizen and the I-130 petition is for a spouse admission to the United States who has already married a US citizen.
There are many requirements that we will review with you before accepting your case and this is necessary first to determine if you are eligible for admission to the United States. But a link is provided below for view at the U.S. Citizenship and Immigration Services (USCIS) website. https://www.uscis.gov/i-129f, https://www.uscis.gov/i-130.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can guide as well as assist you with this process. Call or email us today to kick start your process.
The process times can vary depending on several factors:
(a) the relationship of the sponsor,
(b) the address of where the sponsor lives in the US,
(c ) the location of the processing center within the US, and
(d) the accuracy of the required documents.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can assist you with this process. Call or email us today to kick start your process.
You must be a U.S. citizen to file a fiancé(e) petition. In your petition, you must show that:
- You are a U.S. citizen;
- You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States;
- You are both free to marry; and
- You have met each other in person within 2 years before you file this petition.
However, there are two exceptions that require a waiver:
- If the requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your
fiancé(e)’s foreign culture or social practice; or - If you prove that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.
After admission, your fiancé(e) may immediately apply for permission to work by filing Form I-765, Application for Employment Authorization, with a USCIS Lockbox based on your place of residence. Any work authorization based on a nonimmigrant fiancé(e) visa would be valid for only 90 days after entry. However, your fiancé(e) would also be eligible to apply for extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can guide as well as assist you with this process. Call or email us today to kick start your process.
Your fiancé(e) will need to enter the United States with a fiancé(e) visa. Once admitted to the United States with a K-1 visa, your fiancé(e) will be authorized to stay for 90 days during which you are permitted to marry.
As soon as you marry, your spouse may apply for permanent residence by filing a Form I-485, Application to Register Permanent Residence or to Adjust Status, and mailing it to:
U.S. Citizenship and Immigration Services
P.O. Box 805887
Chicago, IL 60680-4120
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can guide as well as assist you with this process. Call or email us today to kick start your process.
If the child is under 21 years old and is not married, a K-2 visa may be available to him or her. Be sure to include the name(s) of your fiancé(e)’s child(ren) on your I-129F fiancé(e) petition.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can assist you with this process. Call or email us today to kick start your process.
You must be a U.S. citizen to file a fiancé(e) petition. In your petition, you must show that:
- You are a U.S. citizen;
- You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States;
- You are both free to marry; and
- You have met each other in person within 2 years before you file this petition.
However, there are two exceptions that require a waiver:
- If the requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your
fiancé(e)’s foreign culture or social practice; or - If you prove that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.
After admission, your fiancé(e) may immediately apply for permission to work by filing Form I-765, Application for Employment Authorization, with a USCIS Lockbox based on your place of residence. Any work authorization based on a nonimmigrant fiancé(e) visa would be valid for only 90 days after entry. However, your fiancé(e) would also be eligible to apply for extended work authorization at the same time as he or she files for permanent residence. In this case, your fiancé(e) would file Form I-765 together with Form I-485 as soon as you marry.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can guide as well as assist you with this process. Call or email us today to kick start your process.
There could be serious problems for your fiancé(e) if he or she enters the United States on another visa with the intention of
marrying and residing here. Attempting to obtain a visa or entering the United States by saying one thing when you intend another may be considered immigration fraud, for which there are serious penalties. Those penalties include restricting a person’s ability to obtain immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to 5 years.
Our best advice in this situation is to seek legal counsel.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can assist you with this process. Call or email us today to kick start your process.
If your fiancé(e) is in the United States and entered using a visa other than a fiancé(e) visa, and you marry, then you may file an I-130 relative petition for him or her as your spouse. He or she may be able to file Form I-485 along with your petition. For more information about the I-130 relative petition, please call or contact us for legal advice.
If your fiancé(e) is in the United States and entered unlawfully, in most cases he or she will not be able to adjust status to that of a permanent resident while in the United States. In this situation, once you marry, you may file an I-130 relative petition for him or her as your spouse. If approved, he or she will have to pursue an immigrant visa at a U.S. Embassy or consulate overseas.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can assist you with this process. Call or email us today to kick start your process.
The fiancé(e) visa is a temporary visa that simply permits your fiancé(e) to enter the United States so that the two of you can marry in the United States within the 90 days permitted from the date of entry.
It is not a way for you to bring a person here so you can get to know one another, or spend more time together to decide whether or not you want to marry.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can assist you with this process. Call or email us today to kick start your process.
Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she would violate U.S. immigration law.
This could affect future eligibility for U.S. immigration benefits.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can assist you with this process. Call or email us today to kick start your process.
If your fiancé(e) is in the United States and entered using a visa other than a fiancé(e) visa, and you marry, then you may file an I-130 relative petition for him or her as your spouse. He or she may be able to file Form I-485 along with your petition. For more information about the I-130 relative petition, please call or contact us for legal advice.
If your fiancé(e) is in the United States and entered unlawfully, in most cases he or she will not be able to adjust status to that of a permanent resident while in the United States. In this situation, once you marry, you may file an I-130 relative petition for him or her as your spouse. If approved, he or she will have to pursue an immigrant visa at a U.S. Embassy or consulate overseas.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can assist you with this process. Call or email us today to kick start your process.
There could be serious problems for your fiancé(e) if he or she enters the United States on another visa with the intention of
marrying and residing here. Attempting to obtain a visa or entering the United States by saying one thing when you intend another may be considered immigration fraud, for which there are serious penalties. Those penalties include restricting a person’s ability to obtain immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to 5 years.
Our best advice in this situation is to seek legal counsel.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can assist you with this process. Call or email us today to kick start your process.
The fiancé(e) visa is a temporary visa that simply permits your fiancé(e) to enter the United States so that the two of you can marry in the United States within the 90 days permitted from the date of entry.
It is not a way for you to bring a person here so you can get to know one another, or spend more time together to decide whether or not you want to marry.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can assist you with this process. Call or email us today to kick start your process.
Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she would violate U.S. immigration law.
This could affect future eligibility for U.S. immigration benefits.
Legal Representation
Our reputable legal counsels are specialized in Fiancé Visa and can assist you with this process. Call or email us today to kick start your process.
AfrImmigration charges a flat rate of 2,500.00 which includes any filing fees charged by USCIS and postal charges.
Spouse I-130 Visa Related FAQs
The petitioner spouse must will need to file Form I-130 to petition for the foreign national spouse to gain visa admission to the United States.
The form I-129F is filed when the foreign national is a fiance of the U.S. petitioner and the form I-130 is filed if the foreign national is the spouse of the U.S. petitioner.
That question is often asked and the answer is in the form itself. You should file for I-129F if the foreign national is a fiance and the form I-130 if the foreign national is spouse. The time difference between the process times of a fiance visa petition versus a spousal petition is negligible. Furthermore, once the I-129F petition is approved the petitioner will still have to file the I-130 form after marriage.
The marriage that is performed outside the United States must be a legal marriage in the country which it is performed. Thus, whether the marriage is considered traditional or modern is irrelevant, but it must be a legal marriage in that country where it is performed
In the United States you can only be married to one spouse at a time so you can only be married to one woman in the United States. Furthermore, any attempt to evade the law is deceive the immigration process is fraudulent which is criminal. Honesty, is the only policy
The place residence will affect the process times of the petition. There are USCIS offices in different major cities such as Chicago and Phoenix. Areas that are more populous may have longer processing times because the greater volume of petitions that need to be evaluated.
The affidavit of support for the spousal visa petition is for I-864 and the fiancé affidavit of support is form I-134. The I-134 affidavit is not considered to have much legal weight because after all the fiancé visa is temporary visa that expires after 90 days. However, the I-184 affidavit of support is legally binding, and the petitioner is legally responsible for 10 years even if the marriage is dissolved. Therefore, it is more detailed and will be scrutinized by USCIS. USCIS want to ensure that the foreign national will not become a public charge meaning requiring government financial maintenance.
The requirements of sponsors are: (1) the sponsor must be a U.S. citizen, national, or permanent resident, (2) at least 18 years of age, and (3) live in the United States or a U.S. territory or possession.
No. You can file your spousal petition for less costs and it is possible to get an approval. However, it is advisable to seek an attorney because the immigration law is vast and often requires practitioners that have access to up-to-date law materials that may be necessary for even what appears to be easy cases.
The truth is there is no easy case. Each case must be evaluated carefully. And in the current climate of xenophobia, it is advisable that an attorney file visa petitions.
Legal Counsel and Fees Related FAQs
Afrimmigration law firm charges $3,000.00 to file a spouse petition. This is the flat rate and any other fees will be discussed and put in writing so that you are sure of the total costs of your petition fees.
AfrImmigration accepts payment via Lawpay directly in the office or over the internet, in the form of a credit card or e-check.
Reference: https://www.uscis.gov/
If you cannot find answers to your questions, please call AfrImmigration Customer Service at 1-404-418-6363, email us or visit the uscis.gov website.
This is an active page; more information will be posted as it becomes available.
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