FAQs about Criminal Defense and Other Laws

Basically, there are four broad ways amongst many other minor ways to become a permanent resident:

• Through Family-based petitions
• Through Employment-based petitions
• Through Diversity Visa Lottery
• Through Asylum
• Through Investment

Factors considered by the USCIS include:

• Whether the applicant has an immediate relative who is a U.S. citizen or lawful permanent resident;
• Whether the applicant has a permanent employment opportunity in the U.S., and whether that employment fits under one of the five eligible employment categories;
• Whether the applicant is making a capital investment in the U.S. that meets certain dollar thresholds, and that either creates or saves a specified number of jobs; and
• Whether the applicant qualifies for refugee status as an individual who suffers or fears persecution on the basis of race, religion, nationality, political view, or membership in a certain group in his or her country of origin.

The purpose of the DV Lottery Program is to annually award immigrant visas to applicants whose country of origin has low immigration rates to the U.S. (not more than 50,000 in the last five years). The program is called a lottery because there are more applicants than available visas, and the visas are granted randomly among qualified applicants.

Deportation (or removal) occurs when an alien is found to have violated certain immigration or criminal laws, consequences being that the alien forfeits his or her right to remain in the U.S., and is usually barred from returning.

The Bureau of Immigration and Customs Enforcement issues a Notice to Appear (NTA) stating the reason why the alien should be deported or removed. The NTA is served to the alien and is filed with the immigration court. A hearing is scheduled, at which an immigration judge will determine if the information in the NTA is correct. If it is, removal of the alien will be ordered.

Yes. The alien has 30 days to appeal the decision to the Board of Immigration (BIA). If the BIA decides against the alien, the matter can be appealed to the U.S. Court of Appeals. Finally, if the Court of Appeals also finds against the alien, the matter can be appealed to the U.S. Supreme Court.

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 granted. To remove the conditions, the spouse must establish that the purpose of the marriage was not to evade the U.S. immigration laws.

If the marriage to the U.S. citizen who filed the petition to permit the fiancé(e) into the U.S. does not take place within 90 days of entering the U.S., the fiancé(e) will be required to leave the country.

Yes. A married U.S. citizen, or an unmarried citizen who is at least 24 years of age and will be at least 25 when the petition is actually filed, may file a Form I-600A, Application for Advance Processing of Orphan Petition, to speed up the adoption process.

The federal Immigration and Nationality Act provides the basis for U.S. immigration law.

Yes. The U.S. Citizenship and Immigration Services (USCIS) bureau has discretion to waive a filing fee if the applicant can establish that he or she is unable to pay. In order to have the USCIS consider waiving a fee, the applicant must follow specific instructions, including completion of a form for review by the USCIS.

A relative or employer of the alien must sponsor the alien by filing the appropriate petition with the Bureau of Citizenship and Immigration Services (previously INS). The Bureau approves the petition, and it is forwarded to the National Visa Center in Portsmouth, New Hampshire. The National Visa Center then informs the beneficiary that an approved petition has been received and provides instructions on the next steps to take. As soon as a visa number is available on a preference petition, or as soon as the Bureau approves an immediate relative petition, the National Visa Center sends the beneficiary instructions on the next steps to take.

Requirements may differ slightly from post to post, but the basic requirements include:

• A passport
• Three photographs
• Birth and police certificates
• Marriage, divorce, or death certificates
• Proof of financial support
• Medical examination
• More detailed information would have to come from the National Visa Center or the processing post.

People from countries that don’t have an American embassy or consulate are considered “homeless” because they cannot return to their home country to be interviewed for the immigrant visa. When the National Visa Center receives an immigrant visa approved petition on a “homeless” case, it assigns the case to an embassy or consulate that has been determined is capable of handling the additional workload. The petitioner or beneficiary will be informed by the National Visa Center of the post that was chosen.

Several factors influence how long the process may take. Immediate relative visas are not numerically limited by statute so, workload permitting, the post may begin processing the approved petition upon receipt. Preference visas are numerically limited, so the post must wait until the priority date on the petition is available before starting to process the case.

The major reason for lengthy waits – priority dates that are months or several years earlier than your inquiry – is the fact that each year many more people apply for immigrant visas than can be satisfied under the annual numerical limit set by law for preference cases. Certain categories, such as the family fourth preference, are heavily oversubscribed.

The priority date, in the case of a relative immigrant visa petition, is the date the petition was filed. In the case of an employer-sponsored petition, the priority date is the date the labor certification was filed with the Department of Labor. The Visa Bulletin — under the Visa Services homepage — gives the changes in availability of priority dates.

Each country has its own requirements for obtaining police certificates or clearances. Specific information is available from the U.S. consulate processing the case.

The cost of an immigrant visa is $260 (U.S.) for application and $65 (U.S.) for issuance per person, regardless of age. There may also be fees to obtain required documents, for certifying or notarizing documents, and for the medical examination. The cost of the immigrant visa itself remains constant, but other fees vary from post to post. The applicant will be informed of fees by the processing post. The fees are payable in U.S. and equivalent local currency. Cash is acceptable at all posts. Other methods of payment must be determined by the processing post.

The consul may issue an immigrant visa with a maximum validity of six months. If an applicant must delay travel to the U.S. beyond six months, he or she should contact the U.S. consulate and arrange to have the interview scheduled closer to his or her possible departure. If an immigrant visa has already been issued and circumstances force the alien to remain abroad longer, the applicant should contact the U.S. consulate and request an extension of the immigrant visa’s validity. If the validity of an immigrant visa expires, a new one may be issued upon payment of the statutory application and issuance fees (U.S. $325).

Authority to accept a petition rests solely with the Bureau of Citizenship and Immigration Services (previously INS). The Bureau has determined that petitions must be filed in the petitioner’s place of residence. So, if the petitioner resides in the U S., the petitioner must file at his or her local Bureau office. If the petitioner resides abroad, the petitioner must file at the U.S. embassy or consulate that has jurisdiction.

A U.S. host can help by sending the guest a letter of invitation. The letter should include the invitee’s name, reason for visit, period of stay in the U.S. and method of payment of expenses. If the guest is paying his or her own expenses, he or she must be prepared to show the consular officer that sufficient funds are available for the trip. If the American host is paying the expenses, an affidavit of support may be included.

An applicant must have:

• A passport, valid for six months beyond the duration of the proposed visit
• One passport-size photograph
• Proof of social, economic, professional or other compelling ties to a residence outside the United States to which he or she will be expected to return after the visit.