Immigration is a complicated process in the United States and many of our clients have questions about how it works. For answers regarding your unique situation, or if you have other questions not listed below, contact Wendler Law Group at (409) 359-4847 to speak to our knowledgeable immigration attorney.
Who decides who is eligible for immigration in the U.S.?
The United States Citizenship and Immigration Services (USCIS) is responsible for determining immigration eligibility in the United States. The USCIS will look at a number of factors, as well as the specifics of your unique case when determining if you are eligible.
What factors does the USCIS consider when determining if I am eligible for immigration?
The USCIS will look at various factors when assessing your eligibility. These factors can include, but are not limited to the following:
- Whether or not you have immediate relatives who are legal permanent residents living in the U.S.
- Whether you have any relatives who are U.S. citizens
- Whether you will receive employment upon arrival to the U.S. under any of five eligible categories
- Whether or not you meet U.S. requirements for refugee status
- Whether you will be making a capital investment that either saves or creates jobs in the U.S. and that meets certain dollar amount requirements
Hiring an immigration lawyer who has experience dealing with the USCIS can greatly improve your chances of a favorable outcome for your immigration application.
If I am convicted of a crime, can I be deported from the U.S.?
Yes. Any person who is not a U.S. citizen and who is found guilty of violating criminal or immigration laws can be deported. In most cases, being deported will prevent you from being able to return to the U.S.
How does the deportation process work?
The deportation process begins with a formal Notice to Appear (NTA) that is issued by the Bureau of Immigration and Customs Enforcement. Once you have received an NTA, you must appear at a hearing. At the hearing, an immigration judge will rule on whether or not you will be deported.
Can I appeal my deportation order?
Yes, you can appeal your deportation or removal order within 30 days of the issue date. Appeals can be made to the Board of Immigration (BIA). If the BIA rules against your appeal, you can make a second appeal to the U.S. Court of Appeals. A third and final appeal may be made to the U.S. Supreme Court if your second appeal is also denied.
Why is my spouse's permanent resident status conditional?
If your marriage was less than two years old from the day permanent resident status was granted, your spouse's permanent resident status may be considered conditional. Additionally, if you file a petition to permit your fiance into the country and do not get married within 90 days, your fiance will have to leave the U.S.
What is the difference between an immigrant visa and a non-immigrant visa?
An immigrant visa grants lawful permanent residence, whereas a non-immigrant visa grants temporary residence only. Immigrant visas allow you to stay in the United States indefinitely and usually cannot be revoked unless you commit a crime. Non-immigrant visas, however, limit the amount of time you can stay in the U.S. and can be renewed a limited amount of times after the original length of stay is met. E visas may be renewed indefinitely under certain circumstances.
Do I need an immigration attorney in order to apply for immigration to the United States?
An attorney is not required for immigration to the U.S., however, it is typically very beneficial to enlist the help of a legal professional who understands the complicated immigration laws. At Wendler Law Group, our immigration attorney has an in-depth understanding of the legal immigration process. We can help you understand the best options for your unique situation and can assist you throughout the process.
Don’t see your question here? Want to speak to an attorney about your situation? Call our firm today at (409) 359-4847 for a consultation!