What Factors Are Considered By USCIS In Granting An Individual Immigration Status?
There are a number of different factors considered in granting immigration status. First, USCIS will determine if you are statutorily eligible for the immigration status you are requesting. USCIS will look at immigration history and criminal history. They are going to look at family ties and length of time in the United States. USCIS will also consider positive equities, such as land ownership, employment and maintaining financial responsibility.
What Is The First Step Someone Needs To Take To Begin The Immigration Process?
The first thing you need to do is make sure that you are eligible for whatever immigration benefits you are going to be seeking. If it’s a family-based immigration benefit, you need to make sure that there is a qualifying relative who qualifies you to ask for a visa or residency in the United States. If you are a foreign worker and you are going to have an employer petition for you, you will need to establish a recognized qualifying relationship with a US employer in order to be considered for a work visa to come into the United States.
Can Someone Apply For Immigration Status For Their Family As Well? What Parameters Are Set As To Who Is Considered Family?
The Immigration and Nationality Act defines who are immediate family members and if you are classified as an immediate family member, then you have a resident visa available to you immediately. These are the spouses and children of under the age of 21 of a US Citizen, and the parents of US citizens who are over the age of 21. If you have a qualifying relation that meets any of those relationships, then you are eligible to apply right away. If you have a resident spouse or you want to petition for your brother, those are still possible but they are subject to wait times.
If Someone Is Already In The US Illegally, How Will This Affect Their Chances Of Being Approved?
The law states that someone who is in the US illegally is inadmissible, which disqualifies them from applying for a green card. There are only certain exceptions for people who enter the country illegally and can successfully adjust status to that of permanent residence while remaining in the United States throughout the entire process. The most common one is individuals who had a family petition that was approved for them on or before April, 2001 and that person was in the US on December 20th, 2000. Despite being in the country illegally, they are still able to obtain legal status here. Another common avenue for someone who is here illegally to get status and not leave the country is what’s called parole in place.
Parole in place is reserved for spouses of active military members who show active orders. Immigration will provide a waiver of inadmissibility and parole that person into the country as if they came illegally, but they did not. Another way to obtain residency while in the US illegally is through the asylum application process. You could be here illegally and claim persecution in your native country. In asylum cases, you can become a resident but you are going to be subject to inadmissibility grounds that will often require a waiver.
Why Do I Need An Experienced Immigration Attorney? What Sets Your Firm Apart?
Immigration is currently at the forefront of politics and is a very fluid area of law. There are policy changes and sweeping court cases that change the landscape of immigration from one day to the next. The constant change and evolution of policy and practice can make any immigration process quite complex. The interplay between the different governmental agencies tasked with the administration of immigration law makes the process even more complex. You may find yourself needing an attorney with experience just to navigate through basic procedures. If you have any kind of an inadmissibility issue such as criminal history, prior immigration history, back taxes, child support, or anything that can be viewed as negative, it may be prudent to contact an experienced immigration attorney.
What sets our firm apart from other immigration practitioners is our focus on the client experience. We strive for superior customer service and availability around the clock. Unfortunately, many individuals will not be eligible for the immigration benefit they are seeking or may not qualify for a waiver. We understand the importance of having crucial conversations with our clients at the outset of representation to identify potential risks and set realistic expectations. People appreciate honesty and we pride ourselves on delivering results with a no-frills assessment of every potential case. With nearly 10 years of practice in immigration law, we have ample knowledge and experience to handle even the most complex cases.
We’ve submitted applications for nearly every single type of visa, both immigrant and non-immigrant. We have many happy clients who are residents or citizens now. If someone does decide to do the process alone, they should be cognizant of the risks involved in even the simplest of details. Problems can arise if a form is sent to the wrong address or is outdated or sent with the incorrect fees. That’s the reason people should always consult an experienced immigration attorney before embarking on their immigration process.
For more information on Factors Considered By USCIS In Granting Immigration, a detailed case evaluation is your next best step. Get the information and legal answers you are seeking by calling (956) 766-4000 today.