4 minute read
Section 10 plea denied
Judge denies plea to halt Florida law that criminalizes transporting illegal migrants
Civil rights organizations reached out to a federal judge on Tuesday, seeking a halt to the enforcement of a particular section of Florida’s new state immigration law
Advertisement
This section, known as Section 10, criminalizes the act of transporting someone who has unlawfully entered the United States
Reports are that the request was promptly denied by the jurist due to a technicality
The groups claim that Section 10 makes it unsafe for individuals to attend medical appointments, engage with family members, or travel to work The complaint was part of a July lawsuit that challenges the legality of the law
Judge rejects civil rights groups’ request.
Section 10, the groups contend, disrupts the daily lives of many of the individual Plaintiffs
The motion sought a temporary injunction to halt enforcement, but the request was immediately denied by US District Judge Roy Altman
He cited a technicality, stating that Governor Ron DeSantis and other defendants, including prosecutors from across Florida, had not been properly notified about the motion
However, the judge indicated that the civil rights groups could resubmit the request
The lawsuit, filed in federal court in Miami, asserts that Florida’s law is unconstitutional
The suit argues that federal law takes prece- dence over state law regarding immigration and that the Florida law disregards due process rights and is ambiguously written
How section 10 affects
Floridians
The motion made on Tuesday included examples of the potentially negative impacts of the law
It highlighted instances such as a woman who could be arrested for driving her grandson, who is seeking immigration relief, and a Catholic deacon who provides transportation for individuals to immigration-related appointments
The law has been sharply criticized by some, including legal experts at the ACLU
Immigrants’ Rights Project, who describe it as an act of cruelty, threatening ordinary Floridians with jail time “for doing the most ordinary things, like visiting family, going to work and driving kids to soccer games ”
K1 Fiancé Visa: Everything you need to know
If you ’ ve tied the knot with a US citizen or have plans to do so you need to be aware of the ways it can work to your advantage immigration-wise
Let’s dispel any assumptions: marriage to an American doesn’t grant an automatic ticket to US immigration rights It is the first step of a multi-step process and requires a fiancé visa
What is a US fiancé Visa?
The US fiancé visa, officially known as the K-1 visa, is a nonimmigrant visa that allows the fiancé of a US citizen to enter the United States for up to 90 days to get married If you are a US citizen who wants to bring your foreign fiancé(e) to the United States to get married, you will need to file a Form I-129F, Petition For Alien Fiancé(e)
How the fiancé visa works
You and your fiancé must intend to marry each other within 90 days of your fiancé entering the US as a K-1 nonimmigrant Your marriage must be valid, meaning both you and your fiancé have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit To establish this an immigration officer will conduct an exhaustive background test If your fiancé(e) marries you within 90 days of being admitted to the United States as a K-1 nonimmigrant, they may apply for lawful permanent resident status in the United States (a Green Card)
Steps to applying for a fiancé visa
Be prepared for a long journey with lots of paperwork and legal hoops to jump through For those who are not organized or mindful in filling out forms or assembling documents consider consulting a lawyer This advice does not replace the assistance of a trained lawyer by any means
2. USCIS will review your case
documents such as proof of their relationship with the US citizen, police records, previous marriages (if applicable) and proof of a medical examination If the consular officer finds that the applicant is eligible for a K-1 visa, they will issue it Please be aware that admitted drug use may result in an additional one year ban Requiring mandatory one year random drug screenings But do not lie, as that may result in a permanent ban Honesty is the best policy with immigration interviews
5.
Entering the United States on a K1 Visa
Once the K-1 visa is issued, the fiancé(e) has up to 6 months to enter the United States Upon arrival, they must marry their US citizen fiancé(e) within 90 days or leave the country
6.
Adjustment of status
1. Filing form I-129F
(Petition
for alien fiancé)
The first step in the K-1 visa process is for the US citizen to file a Form I-129F, Petition for Alien Fiancé(e), with US Citizenship and Immigration Services (USCIS)2 This form is used to establish that there is a valid relationship between the US citizen and their foreign fiancé(e) and that they intend to get married within 90 days of the fiancé(e) entering the United States as a K-1 nonimmigrant. You will need to pay the relevant fees upon filing
After Form I-129F is filed, USCIS will review it and may request additional documentation or deny the application If the petition is approved, it will be sent to the National Visa Center (NVC) for processing
3. NVC processing
The NVC will process the approved petition and forward it to the US embassy or consulate in the fiancé(e)’s country The fiancé(e) will then be notified to apply for a K-1 visa
4. Visa interview
The fiancé(e) must attend a visa interview at the US embassy or consulate in their country During this interview, they will need to provide
After getting married, the foreign spouse can apply for an adjustment of status to become a lawful permanent resident (green card holder) It’s an exhaustive process and according to the USCIS, the average wait time is around 14 5 months Immigration is a hot-button topic in the States that divides opinions across party lines Additionally, the US has had a persistent issue with ‘mail-order brides (or husbands) ’ This refers to a person who lists themselves in catalogs or websites for marriage in hopes of securing a visa for a better life. It’s a long wait, but the upside is life-changing and can change the trajectory of entire families