I worked extensively with the family to prepare their written testimonies and gather supporting documentary evidence to prove their mother regretted her past immigration violations, has good moral character, and did not pose a threat to the American community. murder, rape, or sexual abuse of a minor; illicit trafficking in controlled substance; and crime of violence, theft offense and passport/document fraud leading to imprisonment of at least 1 year). To lawfully enter the United States, you must first present yourself for inspection to an immigration officer at a ​U.S.​ ​port of entry. 0000017192 00000 n Conditional bars include a conviction or admission of one or more Crimes Involving Moral Turpitude (other than political offense), such as theft, forgery, and terrorist threats – except for one petty offense; violation of any law on controlled substances – except for simple possession of 30g or less of marijuana; prostitution offenses; and willful failure or refusal to support dependents, unless extenuating circumstances are shown. Seeking asylum in the United States, through a credible fear interview process at the U.S port of entry or through the filing of a Form I-589, Application for Asylum and for Withholding of Removal, after being admitted to the U.S., also signals immigrant intent. SHUSTERMAN’S IMMIGRATION UPDATE is the Web’s most popular e-mail newsletter regarding US immigration laws and procedures with over 40,000 subscribers located in more than 150 countries. March 21, 2020, Immigration Law Practice Management [VAWA-based applicants are exempt from this INA 245(c)(1) bar. Only certain categories, such as the H-1B  (professional worker) and L-1A/L-1B (intracompany transferee), allow dual intent (i.e. InfoPass Los Angeles, CA 90017 A Form N-470 preserves residence for LPRs who have qualifying employment abroad with the U.S. government, private sector, or a religious organization. Mandamus One is that USCIS will not approve the status change request unless you are maintaining lawful B-1/B-2 status or other nonimmigrant status. Staying Abroad Too Long May Affect Eligibility for Naturalization. Using ESTA (Electronic System for Travel Authorization) if you are an eligible applicant from a Visa Waiver Program-eligible country allows you visit the United States for 90 days or less. Are you a Registered Nurse or a Medical Technologist or a Speech Language Pathologist who is looking for a job in the US? Certified Specialist in Immigration Law, State Bar of California 3. It will focus mostly on whether you maintained continuous residence (permanent dwelling place) in the United States during the statutory period. A parent who overstays in the United States and is placed in removal proceedings may qualify for Cancellation of Removal and Adjustment of Status (to permanent residence) if she has been continuously present in the United States for at least 10 years, has not been convicted of certain offenses, has good moral character, and her removal would result in exceptional and extremely unusual … Having a baby in the U.S., making frequent, extended trips to the country, and applying for a change in status following arrival in another status are not prohibited by U.S. immigration law. Immigration problems can also occur when you apply for adjustment to permanent resident status instead of file for an immigrant visa at the U.S. Consulate. info@dyanwilliamslaw.com, Comments Off on Approval of Form I-212 + Grant of Immigrant Visa= A True Success Story, Posted in expedited removal, good moral character, immigrant petition, immigrant visa, nonimmigrant visa, success story, The Legal Immigrant - Immigration Blog, waiver, Tagged Form I-212, illegal reentry, immigrant visa, INA 212(a)(9)(C)(i), unlawful presence. If the officer sees you are pregnant at the time of applying for a tourist visa or requesting admission as a visitor, he may refuse the visa or deny your entry. Border Wait Times, Immigration CourtsCourts 800#CrimesReports on JudgesDetainee LocatorBIA, PoliticalReligiousSocial GroupExpert WitnessesOne-Year Rule, 2002 – Present Work Visas Ultimately, however, the consular officer or customs officer has discretion to determine whether having a baby in the U.S. is consistent with the purpose of a visitor visa, regardless of whether you cover the medical expenses and do not become a public charge by receiving government assistance to pay the medical bills. Christmas Tree – Meant for kids to decorate and for people to leave presents under the tree. Success Story: Helping a Foreign-Born Physician Get a Green Card There are, however, exceptions and exemptions. The USCIS officer will have 10 civics questions to ask, and you must answer 6 correctly. They include a conviction for murder at any time, and a conviction for an aggravated felony on or after November 29, 1990 (e.g. You are ineligible for adjustment if you are subject to any inadmissibility grounds listed under INA 212, such as certain criminal offenses , fraud or willful misrepresentation of material facts to gain immigration benefits and unlawful presence. QUESTION #1: Were you lawfully admitted to the U.S. as a permanent resident? Temporary Visas Success Stories. In reviewing your naturalization application, USCIS will make sure your permanent resident status was lawfully obtained, instead of merely rely on your having a green card. Immigration Government Processing Times 0000011631 00000 n Originated from Germany. ], ​Foreign national who was last ​admitted​ ​to​ ​Guam​ ​or the​ ​Commonwealth​ ​of the​ ​Northern​ ​Mariana​ ​Islands ​(CNMI) ​as a​ ​visitor​ ​under​ ​the Guam or CNMI​ ​V​isa​ ​Waiver Program​ and who is not a Canadian citizen. Applying for a change of status after entering the United States in another status. [VAWA-based applicants are exempt from this INA 245(c)(3) bar. ), You must wait at least 2 years and 1 day after re-entering and continuously residing in the U.S. to file for naturalization, if you are subject to the 3-year continuous residence requirement. Be sure to read Immigration Consequences of Criminal Offenses: Myths & Facts. You must be eligible to receive an immigrant visa and an immigrant visa must be available when you file the adjustment of status application​ and at the time of final adjudication.​. The I-360 instructions specifically […] 6. The agency considers several factors when determining whether there is rehabilitation. DACA A good lawyer will help you prove your qualifying relatives would suffer extreme hardship if they are separated from you while you are abroad, or if they move overseas to be with you. 0000025150 00000 n 0000051895 00000 n The responses and information are intended to be general and should not be relied upon for any specific situation. %PDF-1.5 %���� 158 0 obj <> endobj xref 158 29 0000000016 00000 n You also have to know the fundamentals of U.S. history and the form and principles of the U.S. government. One of the requirements for naturalization be become an U.S. citizen or other immigration benefits is good moral character (GMC). While USCIS is not required to follow the Consulate’s 30/60 day policy, it sometimes uses it as guidance. Use the form below to send us a meaningful message.