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Q?

Can a fee for immigration related services be waived?

A.

Yes. The United States Citizenship and Immigration Services (USCIS) bureau has discretion to waive a filing fee if the applicant can provide evidence that he or she is unable to pay. In order to have the USCIS think about waiving a cost, the candidate needs to follow particular instructions, including completion of a form for review by the USCIS.

Q?

What is the basic law that governs immigration?

A.

The federal Immigration and Nationality Act provides the basis for United States immigration law.

Q?

Can a United States resident file an application to adopt a foreign-born child prior to the resident has identified a child to adopt?

A.

Yes. A married United States citizen, or an unmarried citizen who is at least 24 years of age and will be at least 25 when the request is in fact filed, might file a Form I-600A, Application for Advance Processing of Orphan Petition, to accelerate the adoption procedure. These situations can become complicated so we often suggest that anyone pursuing adoption speak with a Phoenix immigration lawyer.

Q?

Under what scenario will a foreign future fiancé, who has actually been accepted into the United States for the function of getting married, be required to leave the United States?

A.

If the marital relationship to the United States citizen who filed the request to allow the future fiancé into the United States does not occur within 90 days of entering the United States, the future fiancé will be required to leave the nation.

Q?

Under exactly what circumstance will a foreign spouse’s permanent resident status in the United States be conditional?

A.

A spouse’s permanent resident status will be conditional if it is based on a marriage that was less than two years old from the day the permanent resident status was given. To get rid of the conditions, the spouse should attempt to prove that the purpose of the marital relationship was not to evade the United States immigration laws.

Q?

Can a deportation or removal order be appealed?

A.

Yes. The alien has 30 days to appeal the decision to the Board of Immigration (BIA). When this becomes necessary many immigrants hire a Phoenix immigration attorney. If the BIA decides against the alien, the matter can be attracted the United States Court of Appeals. Finally, if the Court of Appeals also rules against the alien, the matter could be brought before the United States Supreme Court.

Q?

How is the deportation procedure initiated?

A.

The Bureau of Immigration and Customs Enforcement releases a Notice to Appear (NTA) mentioning the reason the alien needs to be deported or removed. The NTA is served to the alien and is submitted to the immigration court. A hearing is set up, at which an immigration judge will determine if the information in the NTA is proper. If it is, removal of the alien will occur. Generally, immigration attorneys in Phoenix Arizona are present at these hearings to defend the immigrant.

Q?

What is the basis for being deported? What are the repercussions of deportation?

A.

Our immigration lawyers in Phoenix and in other offices see a lot of deportation cases. Deportation (or removal) happens when an alien is found to have broken specific immigration or criminal laws, effects being that the alien forfeits his or her right to continue to be in the United States, and is generally barred from returning.

Q?

What is the function of the Diversity (DV) Lottery Program?

A.

The purpose of the DV Lottery Program is to annually award immigrant visas to applicants whose country of origin has reduced immigration rates to the United States (not more than 50,000 in the last five years). The program is called a lottery due to the fact that there are more applicants than available visas, and the visas are granted randomly amongst qualified applicants.

Q?

As immigration lawyers in Phoenix, what do you believe are some aspects that are considered by the United States Citizenship and Immigration Services (USCIS) in granting an individual immigration status?

A.

Factors considered by the USCIS include:

  • Whether the candidate has an immediate relative who is a United States citizen or lawful permanent resident;
  • Whether the applicant has a permanent employment possibility in the United States, and whether that employment fits under one of the five qualified employment categories;
  • Whether the applicant is making a capital investment in the United States that meets specific dollar limits, which either creates or saves a specified number of jobs; and
  • Whether the applicant applies for refugee status as a person who suffers or fears persecution on the basis of race, religious beliefs, nationality, political view, or membership in a certain group in his or her nation of origin.

Q?

Who is permitted to get in the United States from a foreign country?

A.

United States law establishes four primary methods by which a foreign national could lawfully enter the country: employment-based immigration, family-based immigration, refugee or asylum status, and the diversity lottery. Each classification covers a range of scenarios, some permitting permanent immigration and some only short-term stays in the country. The government permits temporary or permanent immigration for financial reasons such as filling jobs United States employees are not taking, and for humanitarian reasons such as reuniting families, or giving asylum or refugee status. The law establishes annual quotas for some categories. If you need help in determining the likelihood that you or someone you know can achieve a successful immigration then please call one an immigration attorney in Phoenix.

Q?

Which relatives may sponsor other relatives for United States immigrant visas for permanent entry?

A.

With some exceptions and constraints, a United States citizen might recruit a spouse, moms and dad, sibling, minor or adult child (despite marital status), or fiancé for an immigrant visa, known commonly as a green card. Furthermore, an alien in the United States with lawful permanent resident status (a green card holder) could recruit a spouse, minor child or adult unmarried child. Citizens and permanent residents who recruit family members for immigration must have a specific level of revenues and agree to lawfully support their inbound relative.

Q?

How can a foreign national gain lawful-permanent-resident (LPR) status?

A.

The two primary means a foreign national could become an LPR is to be sponsored by 1) a relative already staying in the United States as a resident or lawful permanent resident; or 2) an employer for a United States job that falls under a particular category set out by federal law. Foreign nationals also may be eligible to register for the diversity lottery and those with worry of persecution at home could qualify as refugees or asylees.

Q?

If a foreign national is ineligible for lawful permanent resident status, exist other ways to enter the United States legitimately?

A.

Foreign nationals could have the ability to enter the United States for a short duration of time with a nonimmigrant visa. Nonetheless, to get a nonimmigrant visa, the foreign national should meet the demands for among the nonimmigrant categories set out by federal law. These categories include, amongst others, those wanting to see family members or friends in the United States, travel, receive medical treatment, conduct business or diplomacy, enroll in technical schools or colleges, get involved in cultural or instructional exchange programs, or find certified short-term employment.

Q?

If I have been given a temporary work visa, may my spouse and child accompany me to the United States?

A.

The dependent spouse and minor children of an applicant who has received a short-term work visa may be able to join with the short-term worker in the United States; however, the spouse and children will have to apply and be approved for the appropriate type of nonimmigrant visa in order to travel to the United States. Under the majority of scenarios, the spouse and kids will not be enabled to work while in the United States

Q?

How do I extend my stay in the United States?

A.

Many nonimmigrant visa categories allow for extensions of time in the United States, however typically government authorization to remain beyond the original time durations granted is discretionary, not automatic. To extend the amount of time a foreign national might stay in the United States on a nonimmigrant visa eligible for extension, he or she must apply with the United States Citizenship and Immigration Services (USCIS). The application must be filed well in advance of the foreign national’s last authorized day in the United States to stay clear of falling “out of status.” Normally, to be eligible for an extension, the foreign national may not have broken any of the terms of his/her nonimmigrant visa, and may not have committed any criminal offense or otherwise broken the law while in the United States.

Q?

What are deportable offenses?

A.

Deportable offenses are those actions for which an alien might be required to leave the United States and return to his/her home country. When a deportable offense occurs we always recommend that a person speak with one of our Phoenix immigration lawyers. Some deportable offenses include using deceitful documents to enter the United States, providing material misrepresentations (like marital relationship scams) to receive a visa, committing certain sorts of crimes (like most drug related criminal activities, aggravated felonies, domestic violence and child abuse, many gun offenses and more), posing a danger to national security, engaging in terroristic activities, helping others enter the country unlawfully, overstaying a visa and voting unlawfully.

Q?

Is there a limitation on the number of people officially designated as refugees and asylum seekers on humanitarian grounds each year?

A.

The President sets an annual restriction on the number of refugees (coming from outside the United States), but not on the lot of asylum seekers (already in the United States). The president deals with Congress to determine the number of refugees that need to be admitted to the United States for resettlement. To qualify as a refugee or asylee, a specific need to have a “well-founded concern of persecution” in the home country for his/her faith, race or national origin, politics, or social-group membership.

Q?

What is the diversity lottery?

A.

The diversity lottery is a Department of State program which issues up to 55,000 diversity visas (DVs) each year to foreign nationals from areas and countries with reduced immigration rates to the United States Foreign nationals who meet the criteria for the lottery are put into a pool and randomly selected by software for the available visas every year. Only individuals from nations that sent less than 50,000 immigrants to the United States over the past five years are qualified for the lotto.

Q?

What is naturalization?

A.

Naturalization allows an alien to become a United States citizen. To be allowed to nationalize, an individual should almost constantly have been a lawful permanent resident (LPR) for a certain length of time. Becoming a citizen, nonetheless, is not a demand of LPR status. Some individuals remain in the United States for many years as permanent residents but not citizens. With some exception, to be allowed to nationalize, the specific need to be of “great moral character”; take an oath of loyalty to the United States; pass English literacy, history and government examinations; and interview effectively with a government official to establish the right to citizenship.