Milvia Sierra

Experienced trial attorney with a reputation of excellence and integrity, and a demonstrated successful history practicing law in South Florida. Bold, fearless, and relentless advocate, specializing in criminal defense and immigration law, including deportation defense and crimmigration - the intersection between criminal law and immigration. Strong legal professional with a background in business and graduated from the University of Miami School of Law.

Florida

11th Circuit

D.C. Circuit

Federal Circuit

University of Miami School of Law

J.D.

The Florida Bar  # 0121926

Member

Current

Q. If I get engaged to a non-US citizen and we have to live in separate countries for a time, could he visit w tourist visa

October 16, 2019

A: The United States issues B-2 tourist visas for the purpose of providing the person with that visa the ability to visit the U.S. as a tourist - to tour. In doing do, that visa holder confirms that he has no intention of remaining in the United States. Otherwise, if the person does intend to stay in the United States while entering on a tourist visa, this could be considered visa fraud. Visa fraud could create long-term immigration issues, including making that person unable to adjust and become a U.S. permanent resident in the future.

In your case, although an engagement is a formality and, as you explained, there are many logistics and things you need to figure out relating to actually getting married, both the following things are possible: (1) it is possible that, because you have no intention of marrying right now and still need to coordinate things for the marriage (perhaps such as family approval, etc.), and because you have not decided that you want to live together in the U.S., then he can enter and VISIT you with a tourist visa because the true "intention" is to visit and leave the U.S. However, (2) it is also possible that, because you are engaged, even though you have no intention of marrying or living together in the United States, that a CB agent may find that there is or "might be" intention to stay in the United States and either not allow him into the U.S. or cancel his B-2 tourist visa. Immigration and agents checking entering immigrants have toughened up and are most likely than before to find that a person has the intention of overstaying the visa; therefore, it is more likely possible that if the agent is told that a person is visiting his "fiance" that the agent may believe that he will overstay his tourist visa. However, the visa holder can always explain the situation, including why he does not intend to stay, and then make sure to leave the U.S. before the expiration of his I-94 stay allowance. This way, he has better chances of re-entering the U.S. at a future date.

In the future, should you choose to move forward with the marriage and he wished to immigrate to the U.S., there are other options, including the K-3 visa, which allows him to enter the U.S. and get married within 90 days. ... Read More

Q. It is possible apply for an immigrant visa after I applied to the online dv lottery and I’m waiting to know the results?

October 7, 2019

A: It is possible to apply for an immigrant visa while awaiting the results of the dv lottery. Applying for an immigrant visa should not adversely affect your dv lottery submission. If you win the dv lottery, then you can apply for your green card. If you are able to obtain your green card via the dv lottery, then your permanent resident status would eradicate the need for the immigrant visa. However, if, while awaiting the dv lottery results, your petition for an immigrant visa is approved, then you may use that visa and proceed to apply for your green card (dependent on the availability/eligibility to adjust under the immigrant visa category). Even while awaiting the results of the dv lottery, applying for an immigrant visa, if you're eligible to do so, may provide you an alternative avenue to obtain your green card should you not win the dv lottery. ... Read More