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O-1 Visa for Extraordinary Ability Talents

The O-1 Visa is for talented people who have demonstrated recognition for their talents and outstanding abilities in science, research, arts, education, business, or sports, and are coming to US for work.

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PERM labor certification through employer

PERM is the process of receiving a work sponsored green card through obtaining a labor certification from the U.S. Department of Labor approving the job position, wages and level of employment, and filing an Immigrant Worker Petition for the prospective foreign worker to fill the certified position.   

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Removal of conditions

An alien married to a US citizen less than 2 years at the time of USCIS making a decision about the good faith nature of the couple’s marriage receives a Conditional Lawful Permanent Resident status. This status only lasts 2 years and the green card expires after said 2 years. The same rule applies to derivative children of foreigners who received green cards through marriage before their 2-year wedding anniversary.

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Fiance Visa – K-1 Visa

The K-1 Fiancé Visa is a temporary non-immigrant visa that allows a U.S. Citizen petitioner to bring his fiancé to the US for 90 days.  Once the foreign fiancé is in the US, the couple must marry within 90 days and are able to file for a green card for the foreign fiancé.  

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An annulment is a termination of marriage, but unlike a divorce that simply dissolves or terminates the marriage, an annulment is a legal proceeding that declares a marriage null and void by court order. In other words, an annulment is a legal procedure that declares that it’s as if the marriage never happened (and erasing the marriage).

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Prenups and Postnups

A prenuptial agreement is a contract by parties planning to get married who wish to opt-out of the usual 50/50 marital property split laws and create their own separation and divorce plan.

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Quick uncontested divorce

An uncontested divorce is a divorce action terminating the marriage where both parties agree to end their marriage and agree to amicably settle all the provisions that apply to their situation. In a contested divorce where the parties cannot agree, the judge must hold a trial, take witness testimony and make decisions about who should win and who should lose (substituting her decision for the parties).  In contrast, in uncontested divorce, the spouses agree on all the major issues ahead of time and there is no need for the court to be involved in the details. 

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Custody and Visitation

In the context of divorce and family law, Custody means protective care or guardianship over the children of the relationship. Custody is the framework for sharing decision-making abilities between parents and where the children rest their heads at night.

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A child’s legal guardian is a non-parent person appointed by the court to take care of a child and make decisions on their behalf.  To become a child’s legal guardian is to assume legal responsibility over a child and to have authority to take care of their property and personal interests.

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Appeals & Motions to Reopen

Every denial decision has a proper appeal format and you need to speak to an experienced immigration attorney very quickly to file your appeal timely.

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