A DACA recipient is eligible for advance parole, which allows him/her to travel internationally. There are risks associated with international travel and the situation should be fully evaluated with an immigration attorney before you take a trip.
Generally speaking, no. Employers are prohibited from firing you or refusing to hire you while you have a valid Employment Authorization Document (work permit). Employers also cannot ask about your immigration status or whether you have DACA.
Information provided to USCIS in a DACA application is to be protected from disclosure to Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) for the purpose of immigration enforcement proceedings, unless the applicant poses a threat to national security or public safety. Individuals whose DACA applications are approved should not be referred to ICE.
It depends on your reasons for visiting the United States. There are over 80 different types of non-immigrant visas and your unique situation will determine the best visa for you. There are visas for diplomats, government officials, visitors, airline and commercial sea vessel members, entrepreneurs, students, fashion models, college graduates, unskilled workers, fiancés, business executives, managers, athletes, entertainers, government witnesses and victims of a crime.
Depending on your visa category, your spouse and unmarried children under 21 years old, may qualify for derivative visas.
This is a very broad question and the answer depends on the type of visa that you have applied for, the eligibility requirements and the evidence that you submitted to prove your case. Common reasons for a visa denial are insufficient evidence, criminal history or inability to meet the eligibility requirements.
The non-immigrant visa process can take a few days to several months, while a few years is normal for immigrant visas. The U.S. government considers each application on a case-by-case basis. Processing times depend on the administration’s workload and whether the visa is immediately available.
When facing divorce, you may wonder how long it will take. A divorce could be finalized in a few days, if the parties already know what they want to do and have all their financial information in order for the attorneys, or could be drawn out over years, depending on the issues that you and your spouse face. Working with an experienced attorney can minimize the time and expense of litigation and ensure that your rights are protected.
If you are a dependent spouse, you may be entitled to spousal support. Spousal support determinations can be complicated because of the discretion given to the court. An experienced attorney can present your case effectively. The court will consider a number of factors listed below, in determining alimony payments:
- The earning capacity of each party;
- The standard of living established during the marriage;
- The earnings and marketable skills of each party;
- Whether a party devoted time to domestic duties and child rearing at the expense of career pursuits;
- The ability of the higher earning party to pay support;
- The obligations and assets, including separate property held by you and your spouse;
- The duration of your marriage;
- The ages of the parties;
- The ability of the supported spouse to obtain gainful employment;
- Whether time is needed for the supported spouse to pursue further education and training to obtain employment;
- Whether there is a documented history of domestic violence in the marriage; and
- The tax consequences of a spousal support order.
If you have an original divorce order that establishes custody, child support or spousal support, you may be able to obtain a modification to that order based on a significant change in circumstances. Custody arrangements can be changed if one party relocates or if the child has different needs. A support determination could be adjusted based on an increase or decrease in income, such as losing a job, getting a new job with different pay, or retirement.
We can help you obtain a modification or challenge a proposed modification. It is important to understand that support orders cannot be modified retroactively. Therefore, as soon as there is a need for a modification of a support order, you should immediately consult a family law specialist.
If you are an alleged father in a paternity case, it is important to challenge the assertion with experienced legal advocacy, if you believe you are not the biological father of the child. Failure to challenge paternity after it has been presumed or established could leave you open to child support obligations, even after paternity has been disproved.