A green card makes someone a permanent resident and allows them to potentially stay in the United States for the rest of their life. They will only have to submit new paperwork to the United States Citizenship and Immigration Services (USCIS) every 10 years instead of renewing their visa more frequently than that.
Of course, permanent residents are still at risk of removal if they get convicted of certain crimes or have other issues while living in the United States. Citizenship is one of the only ways to ensure that an immigrant can stay in the country no matter what the future holds. Securing citizenship can also help someone to assist their loved ones if they would like to enter the United States as well. To become a citizen, immigrants must pass a naturalization test. What happens if someone fails the test?
It is normal and natural to worry about the worst-case scenario when considering one’s legal rights and options. Immigrants worry about whether they can pass the English language and Civics tests required for naturalization. The USCIS actually provides help for immigrants who worry about the testing process. There are vocabulary lists for those learning English and also a detailed breakdown of how the USCIS evaluates the performance of an applicant on the language portion of the test. The USCIS also provides a list of all of the potential questions that could be on the Civics test. Therefore, many immigrants have the opportunity to prepare for months until they feel comfortable with the standards for the test and confident in their ability to pass.
If an immigrant applying for naturalization fails either test, they have an opportunity to retake the test. Typically, they will need to retest within 60-90 days of the initial testing date. Those that pass the second time will move forward with the naturalization process. Those who fail the second test will usually need to reapply if they still hope to become citizens. Failing the test does not automatically lead to someone’s removal from the country nor result in their ineligibility for citizenship in the future.
Although it is normal for people to feel anxious about the testing process, those that prepare and know their rights will improve their chances of passing and becoming naturalized citizens. Learning more about the naturalization testing process can give people the confidence they need to move forward with their immigration plans.
]]>Asylum is a form of protection a nation grants to individuals fleeing persecution in their home country due to race, religion, nationality, membership in a particular social group or political opinion. The United States, as part of its commitment to international human rights, offers asylum to such individuals. However, there are certain factors and limitations to be considered.
The impact of a criminal record on an individual’s asylum eligibility primarily depends on the nature and severity of the crime. Not all crimes are treated the same in the eyes of U.S. immigration law. Some minor offenses or crimes committed long ago may not necessarily affect an asylum claim.
The Immigration and Nationality Act stipulates that certain crimes, known as “particularly serious crimes,” can make an individual ineligible for asylum. These can include, but aren’t limited to, aggravated felonies. Determining what constitutes a “particularly serious crime” can be somewhat subjective and often depends on the specific details of the crime in question.
Even if an asylum seeker has a criminal record, the adjudicating authority has a level of discretion when reviewing their application. They may consider factors such as the severity of the crime, the applicant’s remorse and rehabilitation, the length of the sentence and the time elapsed since the conviction.
It’s important to note that the adjudicating authority’s discretion only applies in cases that don’t involve particularly serious crimes. If the asylum seeker has been convicted of such a crime, they are statutorily barred from receiving asylum, regardless of any other mitigating factors. Anyone who has a criminal record and who has questions about how that reality may affect an asylum claim could benefit from seeking legal guidance for greater clarity.
]]>After entering the country, they must maintain certain relationships or employment arrangements, and they must avoid criminal activity and other personal choices that could result in their removal from the country. Those who have temporary status to lawfully stay in the United States sometimes make mistakes or weather experiences that could result in their deportation.
What can immigrants expect during the deportation process?
When there are issues with someone’s immigration status, the USCIS will typically provide notice. However, they may do so at the same time that the organization moves to take someone into custody. Often, those facing deportation will spend some time in federal custody. They may need to stay at a detention center until they have a hearing in front of a judge.
Transparency is crucial to the fairness of the judicial process, an immigrant facing deportation have the right to a public hearing. They also can have an attorney represent them during that hearing to improve their chances of avoiding deportation. Reframing a situation or introducing new details could help prevent someone’s deportation. In some cases, an immigration attorney’s understanding of precedent and current immigration policy could help them argue successfully for the right of their client to stay in the country.
Even if the initial hearing is unsuccessful, immigrants facing removal from the United States often have the right to an appeal. Many times, they will remain at a detention center during the appeals process as well. If the appeals process is not successful, then an individual would face physical removal from the United States, although that process can often take months to complete.
Those who understand what to expect during the deportation process can more effectively protect their interests. Seeking legal guidance to learn more about deportation and immigration programs may benefit those who are temporarily in the country and are hoping to stay.
]]>Immigrant spouses or fiancés can secure permission to enter the country and then obtain a green card. Eventually, some immigrant spouses will choose to naturalize and become United States citizens. Those who immigrate through a marital relationship have a good opportunity to remain in the United States indefinitely even if they don’t naturalize.
However, not every marriage succeeds. Infidelity, abuse or changes in personal values might lead to a divorce. A divorce could have implications for someone’s eligibility for a green card. Will the immigrant spouse who entered the country because of their relationship automatically be removed if they divorce the person who facilitated their entry into the United States?
The duration of someone’s marriage and the length of their stay in the United States will influence whether or not the decision to divorce will have immediate immigration consequences. The closer it is to the date of someone’s entry into the country when they divorce, the greater the chances of them facing immigration challenges.
The first green card issued when a fiancé or spouse enters the United States is usually a conditional green card that is only good for two years instead of the standard 10 years for most green cards. After that initial two-year period, immigrant spouses may qualify for a standard green card and will be in a more secure position if they eventually find themselves facing divorce.
Those who travel to live with a spouse or get married to someone in the United States only to endure abuse or other criminal activity might potentially qualify for a special visa that allows them to stay in the country if they report the crime and assist the prosecution in building a case. Others may qualify for special immigration programs due to political issues in their country of origin.
Every immigrant weathers different circumstances, and there is rarely one answer that applies to every situation. Discussing one’s visa and marriage in depth with a legal professional could an immigrant evaluate whether divorcing now will affect their future.
]]>Other times, people come to the United States to flee persecution. The United States has long held itself out to be a bastion of hope for those who are suffering in tumultuous political environments. Every year, thousands of people make plans to travel to the United States specifically to protect themselves from political or religious persecution.
However, not everyone who hopes to apply for asylum actually qualifies for protection under this program. Who can seek asylum in the United States?
People may apply for asylum based on a reasonable fear of persecution based on race, political opinion, religion, nationality or membership in a particular social group. Only those who have a reasonable and credible fear for their safety should they return to their country of origin can typically qualify for asylum.
The standard procedure for pursuing asylum involves requesting it at a port of entry. Immigrants may travel north through Central America and Mexico to apply for asylum at the southern border that the United States shares with Texas, for example. In some cases, those who have already entered the country can also apply for asylum.
They may become eligible when the political situation changes in their country during their stay in the United States. They may also be able to apply for asylum based on certain special circumstances, such as receiving bad advice from a lawyer.
Those fleeing another country cannot gamble on the success of their immigration proceedings. Many people applying for asylum will struggle with the paperwork and also with advocating for themselves while dealing with the United States Citizenship and Immigration Services (USCIS).
It can be difficult to understand the requirements for asylum and the expected procedure during hearings and meetings. Immigrants often require support from legal professionals as they attempt to navigate the asylum process and then establish themselves in the United States. Learning more about the requirements can make a major difference for those who believe they may qualify for political asylum.
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What happens, however, when the F-1 visa is set to expire? It’s incredibly important to make sure that you understand what your F-1 visa actually permits, and what options you may have when it’s over if you want to remain in the U.S.
F-1 visas are given for the “duration of your status,” so how long you can legally remain in the U.S. depends on whether or not you’re following the rules – not the expiration date on the F-1 visa.
For students, that means you must be:
It is important to note that even though the law allows you to remain in the U.S. on an expired F-1 visa as long as you meet the requirements, you could encounter trouble with renewal and reentry if you return to your home country or go beyond U.S. borders for any reason.
Aside from leaving the United States on an expired visa, you can lose your F-1 protections through a mistake. Some of the common problems students encounter include:
If you’re approaching the end of your studies and you know that an F-1 visa will no longer apply to you very soon, there may be options that will allow you to stay in the U.S. – but it’s only prudent to get experienced legal guidance for your immigration journey.
]]>The first thing to know is that you can apply for asylum if you are at a port of entry or if you are already in the United States. This is one of the things that sets it apart from the refugee process, which always begins overseas. Seeking asylum can be similar, but may be done by someone who has already fled to the United States. It is simply asking to be allowed to remain since deportation could be very dangerous for them.
If you are in the United States, the form to use is known as the I-589. The official name is the “Application for Asylum and for Withholding of Removal”. This can be filled out in person by those who are physically in the country already, but are not citizens.
Additionally, some individuals will be able to fill out the form I-589 on the Internet. Online options are not allowed for everyone. For instance, you cannot file one if you are already in immigration proceedings or if you have already filed one in person and the USCIS simply has not responded to your application yet.
Yes, if you are in the U.S. with your family, your spouse and children can be added to the application for asylum with you. Children only count as long as they are unmarried and under 21 years old.
As you can see, seeking asylum may be very beneficial, and it’s important to know about all of the forms to use and the important deadlines to hit. Be sure you know about the options you have, and what steps to take to get the process underway. It may help to work with an experienced team who has been through this process before.
]]>Many immigrants enter the U.S. to start a family, earn an education or, simply, have a change of view. However, some people aren’t so lucky and are trying to flee to a safer country. If someone is suffering from persecution in their current country, then they may seek asylum in the U.S.
Asylum protects an individual and their family from harm and may give them a right to live in the U.S. While that explains what asylum is, it may leave you with more questions than you began with. Here’s what you should know:
Asylum seekers may feel unsafe and fear for their lives in the country they currently live in. This may be because of their race, gender, religious beliefs, political option or nationality. Factually speaking, the reason they feel they’re being persecuted is a key factor in establishing why an immigrant would be granted asylum.
America is the land of opportunity and the land of the free. So it’s only obvious to many immigrants that the U.S. is a safe haven for people seeking to better their and their families’ \lives.
First, an asylum seeker should file for an application within one year of coming into the U.S. Then, some asylum seekers have to wait a year before their application is processed.
Applying for asylum can be confusing and long. Many people seeking asylum don’t go for legal help and that can greatly impact their chances of earning protective status. It may be in your best interest to know your legal options when seeking asylum in the U.S.
]]>Immigrants facing deportation should know that they do have legal rights prior to their removal. Here’s what you should know:
A deportation order may begin when an investigation is done on an immigrant or nonimmigrant, and, if it’s found they violated immigration or criminal laws, they may be detained and placed in a detention center.
The following are a few examples that might lead to immigration or criminal law violations:
At a detention center, immigrants will likely have to attend a court hearing while facing a judge to give testimony on their case. After the judge decides the sentence, immigrants and nonimmigrants typically have to return to their home country – however, the legal process for deportation can be a lot more complex for each individual.
An immigrant or nonimmigrant may find that their rights were violated during an investigation. Immigrants have the legal right to appeal a deportation order before the order is fully enacted and the immigrant is removed from U.S. soil.
Creating a deportation order appeal can be difficult, however. Immigrants and nonimmigrants facing deportation may need to seek legal help when creating a strong appeal.
]]>Perhaps there has recently been a change of culture or leadership in your country, or maybe private information about your affiliations has recently become public knowledge. If you have recently entered the United States or are about to do so, what steps do you need to take to qualify for asylum?
The first step in the asylum process other than physically arriving in the United States is filling out Form I-589. This paperwork begins the asylum consideration process and helps temporarily protect you from removal from the country.
Asylum proceedings can take quite some time, so you may need to fill out additional paperwork so that you can secure employment while living in the United States. Finally, you will also want to educate yourself a bit more about the differences in the laws between your country of origin and the United States so that you don’t potentially make a mistake that will affect your right to stay in the country.
Sometimes, the United States Citizenship and Immigration Services USCIS is already aware of a hostile environment for specific people in a particular country. Members of minority religions coming from countries with theocratic governments, for example, would have an easy time proving that they deserve consideration for asylum.
Those coming from countries that have very restrictive rules about international media or that have recently gone through regime changes may need to gather more evidence about the current political climate in their country. Applicants also need documentation that helps affirm their nationality, religion or other characteristics that would lead to persecution if they were to return to their home country.
Educating yourself about the United States’ approach to political asylum cases could help you and possibly your immediate family stay in the country for your safety.
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