FAQS page 6

881 FAQs where found , 30 in this page

After a deportation arrest, when is the immigrant actually deported?

This will all depend on a number of factors including whether there was an order in the past, how long the person has lived in the U.S., whether there is persecution in the deportees country of origin, etc. Learn More

Can someone that was picked up by the ICE attend a child custody hearing?

The Immigration and Customs Enforcement (ICE) should make sure that the individuals parental rights are protected. ICE authorities should be aware of this situation and perhaps the detainee can remain in a detention facility closer to the family court where he must appear either by video or in person. Learn More

Can my previous removal order be reinstated?

This is not certain. A person caught after reentering the United States might be placed into removal proceedings again where you will have the option to apply for several forms of immigration or ways to stay in the United States lawfully. For instance, perhaps the individual can apply for cancellation of removal or for asylum. Learn More

If I never show up for deportation hearing can immigration catch me?

When you dont appear for a hearing, a removal order will be issued by the Immigration Judge given that the government can prove you have been sent a written notice of the hearing. In other words, as long as the government proves they mailed you the notice, your removal order will still stand even when you fail to show up. Learn More

What happens when the Immigration Judge orders me deported?

Even when the judge orders to deport you, you may still be able to appeal. Your deportation can be put on hold as long as you are pursuing your appeal within 30 days of the order unless you decide to wave your rights in court. Learn More

How can an attorney help during removal proceedings?

An attorney can investigate whether the charge is correct or not or if there are any circumstances that would warrant defending your deportation. Immigration laws can be quite complex and the attorney will help you figure it all out. For example, he or she can help you find out when the charge against you is false; argue if there are any qualifications for asylum, and help you presenting a cancellation of removal application. Learn More

What is a Visa?

The Visa is an identification document issued in the country of origin at the embassy or consulate of the United States and allows entry to U.S. temporarily or permanently. There are two main types of visa, immigrant visa which is what allows you to live and work permanently in the United States and the non immigrant visa only allows you to live and work for a certain time in the United States. Learn More

What differs immigrant visa from a non-immigrant visa?

The Immigrant Visa gives you the opportunity to apply for permanent residence (Green Card). Meanwhile, most non-immigrant visa allows you to live or work in the United States for a specific period of time with a specific purpose. Learn More

What can I do if I cannot attend the interview?

You must change the appointment by contacting the call center of the embassy or consulate of the United States. Learn More

What can I do if I am denied the Visa?

Consular officers are responsible for processing visas for applicants who qualify under the law. If you are refused a visa you can apply for a special permit if it is accepted by the consular officer. Learn More

Can I bring guests to my appointment?

For space restrictions, they only accept the person being interviewed. Only in case of minors or elderly disabled family entry will be allowed. Advisors, attorneys or other representatives will not be allowed to enter. Learn More

Do I need to take my fingerprints?

It is required to perform a thorough background check of all persons applying for a visa, for this reason they will take the fingerprints of all ten fingers to applicants. Learn More

Is it allowed to arrange for another visa before the current expires?

Yes, it is. The minute you receive the new one, the old one becomes invalid. Learn More

Are the dependents travelling with a student visa allowed to work?

No, they are not allowed to work; instead they can study at Academic Institutions. Learn More

Is it possible to request or receive a fee waiver?

A fee waiver can be requested for the I-485 and the I-765. The I-360 doesnt require a fee waiver since it has no fee. The request for the fee waiver is made on Form I-912. USCIS generally grants a fee waiver to applicants who: Receive a means-tested benefit. Have a low income, about 150% below poverty guidelines. They are able to demonstrate financial hardship. Learn More

Are there translations provided for client phone calls and/or interviews?

Sadly, there arent resources to provide translators. This is why is wise hiring a bilingual attorney who can translate or handle important documents for you. You can also have you own translator but he or she cannot be a family member. If all of these fail, try to find volunteer interpreters who would like to help. Learn More

Do foreign documents require translation?

Yes, this is required except when the forms are written in both English and a foreign language. For instance, some passports may have all the information printed in English and in the Countrys official language. Learn More

Should letters of support from family be notarized?

Its highly recommended to notarize them but its not required as long as the letters are signed by the person who wrote them. Learn More

Do I have to prove that my marriage to a U.S citizen was in good faith?

If you cant prove that your marriage with the abuser was entered in good faith, you will not be granted a green card with the VAWA self-petition. In other words, your intention was not to take advantage of U.S. immigration laws. However, you may qualify for a U visa if you have suffered severe injuries and have useful information to provide to the authorities. In this case, you will not be asked questions about your marriage but immigration fraud will count when going over your U visa petition. Learn More

Should I cooperate with law enforcement officials?

You should definitely provide helpful information to the law enforcement official. This helps you qualify to submit a Certification of Helpfulness in order to assist law enforcement with deciding if you are helpful to them and whether or not they will grant you the certification. The more details provided the more evidence about the crime. This helps investigate and prosecute those who victimize you. However, this certification falls under the U visa category. Learn More

Do I need to show moral character for my VAWA to be approved?

You must show good moral character in order for your VAWA to be approved. Regardless of the visa you apply for, you will have to submit sufficient evidence to qualify. Its advisable to seek the legal counsel of an immigration attorney before you apply. Learn More

Are there any restrictions on VAWA petitions?

VAWA self-petitions dont have restrictions, unlike the U visas where the law has limited the number of visas given to 10,000 per year. This means the applicants may have to wait, which will ultimately hurt their eligibility. Learn More

Can you be deported while the U visa is pending?

This generally doesnt happen but its possible. When you submit your U visa application, immigration will have your address and itll be easy for them to find you. In the event this happens, call your attorney immediately to see your options. You can also get the approval of your U visa even after deportation. Although we dont see this happening, remember that you are in the United States illegally therefore you are at risk of being deported any time. Learn More

Can I get a protective order?

Protective orders are good as they can stop the abuser from contacting, attacking, assaulting, and telephoning you or other family members. You dont have to be a citizen or permanent resident in order to request these. Besides this prospective order, you can also ask for child custody, child support, and expel the abuser from your home. Learn More

Is there anything I can do while they process my application?

There are a couple of things you can do as you wait: Not leaving the country. Dont commit any crimes. Be an active participant in your community. Notify your U visa attorney immediately if you make any changes or if you have any questions or concerns. Learn More

Whats the processing time for the visa?

This generally takes about a year and a half but this is just an estimate and not a guarantee. For instance, Form I-918 may take a different time to be processed depending on your particular case. Also, the USCIS may request additional information, which will put your file on hold and consequently delay the process. Learn More

Whats the required documentation before the visa interview?

You must gather a few things before the interview: Passport: This must be a valid passport to travel in the U.S for at least half a year after your period of stay. When there are more people in your passport, each person will have to submit a separate application. Form DS-160 of the Nonimmigrant Visa Application. If you are required to pay before the interview, bring the application fee receipt. Photo: You can upload your picture when completing the Form online. When this fails, then you must bring a printed photo with the photographs requirements specified on the government site. Notice of action: That is form I-797 showing approval of a U nonimmigrant petition. Learn More

What happens during the interview?

The consular officer will determine if you are qualified to receive the visa during the interview. Also, which category is suitable depending on the reasons why you travel. You will have to establish that you meet all the legal requirements to receive the visa. There will be digital fingerprinting, depending on the location where you go for the interview. You may also need further administrative processing after the interview for which you will be notified by a consular officer. Learn More

How long it takes to adjudicate the U visa application?

Processing times can vary. However, you may expect to receive a decision within the next six to twelve months. USCIS doesnt like to publish its processing times probably due to each case being different, some taking longer than others. Learn More

How long will it take to receive a work permit?

Individuals applying for the U visa, that is the main applicants, will be able to obtain a work permit right after the visa is approved. The derivative U visa applicants will have a work permit together with the I-918A Form. Derivative applicants may choose to file the I-795 Form after the U visa has been approved, at any time throughout its validity. Learn More