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Immigration

Lombard, IL Medical examinations are an integral part of the immigration process in the United States. They are required for many types of visas or for those who are applying for a Green Card through adjustment of status. It is important for immigrants to understand what is involved in a medical examination and what issues are considered.

The Purpose of an Immigration Medical Exam

The purpose of medical exams conducted during the immigration process is to ensure that applicants are medically fit to enter the United States. The exam includes a complete physical assessment, as well as an evaluation of any communicable diseases and vaccinations that may be required. For people in the United States applying for adjustment of status, an exam must be completed by a doctor who has been designated as a civil surgeon by U.S. Citizenship and Immigration Services (USCIS). For people outside the U.S. who are applying for visas, an exam must be completed by a panel physician appointed by the Department of State. The results of the exam will determine whether or not the applicant is eligible to proceed with their application and gain entry into the U.S.

What Is Involved in an Immigration Medical Exam?

An immigration medical examination consists of a review of a person's medical history and a physical examination. A doctor will review a person's history of hospitalizations, chronic medical conditions, illnesses, disabilities, drug or alcohol use, and mental health issues or behavioral concerns. The physical exam will look at the person's eyes, ears, nose, throat, heart, lungs, lymph nodes, extremities, skin, and other parts of their body. Diagnostic tests, including chest X-rays and tests for communicable diseases such as tuberculosis and syphilis, will be performed. The doctor will also report on the person's mental status, including an assessment of behavioral issues, cognitive abilities, and intelligence.

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Naperville IL, Deportation Defense and Immigration LawyerAn immigration bond hearing is a court proceeding in which an immigrant in removal proceedings can seek relief from detention. The outcome of an immigration bond hearing will determine whether or not the individual will be released from custody while they await the final decision on their case. If a judge determines that the respondent should be released, they will also decide on the amount of bond and the conditions that must be met for the release to take place. If you or a family member have been detained by immigration officials, it is important to understand what will be addressed during an immigration bond hearing so that you can prepare accordingly.

Determining Eligibility for Release on Bond

The primary goal of an immigration bond hearing is to determine if the immigrant should be released while their case is pending. The judge will consider a variety of factors when making this determination, including the person's criminal record, their ties to the community, and their likelihood of appearing at future court dates. Issues that may be addressed during an immigration bond hearing include:

  • Is the immigrant a flight risk? - A judge may look at factors such as a person's family ties in the U.S., their employment history, their criminal record, and any other relevant information that could indicate whether they are likely to flee rather than appear for their hearings.

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Naperville, IL Immigration Lawyer Assisting with K-1 VisasWhile there are several different avenues for immigrating to the United States, one of the most common ways of doing so is for a foreign national to marry a U.S. citizen. In cases where a couple may have plans for marriage while they are living in different countries, a fiancé visa will allow the foreign fiancé to enter the U.S. and receive authorization for permanent residence. Understanding what is required of an immigrant who receives a fiancé visa can make the process less daunting. This can ensure that a couple will take the correct steps to ensure that the application for a visa will be approved, and they can also address any issues that may affect a person's ability to continue living in the United States and eventually apply for citizenship.

Eligibility Requirements for Fiancé Visas

In order for someone to qualify for a fiancé visa, they must meet certain conditions. First, both the immigrant and their U.S. citizen fiancé must be free to marry, meaning neither of them is currently married. Additionally, they must have physically met each other at least once in the two-year period before applying for the visa. However, exceptions can sometimes be made if there are extenuating circumstances, including religious or cultural practices in the home country of the foreign fiancé or extreme hardship that has made international travel difficult or impossible. The couple must also intend to get married within 90 days of the immigrant's arrival in the U.S.

Filing a Petition for a Fiancé Visa

If all eligibility requirements are met by both parties, then the U.S. citizen fiancé can file a petition for a K-1 nonimmigrant visa on behalf of the foreign fiancé. They will file Form I-129F (Petition for Alien Fiancé(e)) with U.S. Citizenship and Immigration Services (USCIS). The petition will include information about both parties such as their names, birthdates, addresses, employment histories, financial statuses, and more. The applicant must also include evidence of a valid relationship, such as photos together or emails that have been exchanged, as well as evidence that they have met in-person within the past two years. If either party had previously been married, evidence will need to be provided showing that this marriage has been terminated, such as a divorce decree or a death certificate for a deceased spouse.

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Lombard Lawyer for Immigration ServicesFor those who are looking to immigrate to the United States or for those who are living in the U.S. and seeking to help their loved ones come to the country, it can seem like immigration laws and policies are constantly in flux. With tens of thousands of people looking to enter the U.S. each month and many more attempting to cross the border without authorization or being detained and deported by immigration officials, it can be difficult to determine the rules that must be followed and the issues that could prevent a person from entering or remaining in the United States. However, this process may soon change for certain immigrants due to new policies being put in place by the administration of President Joe Biden.

Options for Parole for Certain Immigrants

Over the past few years, millions of immigrants have been detained, deported, or expelled from the United States after entering the country without authorization. In an attempt to help reduce these numbers and allow people from countries with potentially dangerous conditions to seek safety in the U.S., the Biden administration is implementing a new policy that will allow some immigrants to receive parole. This policy will apply to people from Cuba, Haiti, Venezuela, and Nicaragua.

Under the new policy, the United States will accept up to 30,000 people each month from these countries. When parole is granted to a person, they will have authorization to travel to and from the United States and work for employers in the U.S. for two years. To be eligible for parole, a person must meet the following criteria:

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Illinois VAWA immigration lawyerAbusive marriages are more common than most people realize. The National Coalition Against Domestic Violence (NCADV) estimates that 10 million people in the U.S. are victims of physical abuse each year, with women making up the majority of this group. Unfortunately, many victims remain in or return to abusive relationships because they feel trapped by their economic and immigration statuses.

Fortunately, the Violence Against Women Act (VAWA) provides a way for victims of abusive marriages to self-petition for permanent resident status. VAWA enables eligible individuals to file without their spouse’s involvement, meaning they don’t have to rely on the abuser in order to pursue immigration relief.

VAWA Adjustment of Status

Typically, the family-based immigration process requires permanent residents and U.S. citizens to file a petition for their non-citizen spouses. Unfortunately, abuse victims may be unable to get an abusive spouse to help them petition for permanent residence. An abusive spouse may even withhold help as a way to further control the victim.

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