- How does U.S. Citizenship and Immigration Services (USCIS) decide to grant a person immigration status?
- Is a visa always necessary for a foreign national to enter the United States?
- What is the difference between refugee status and asylum?
Q: How does U.S. Citizenship and Immigration Services (USCIS) decide to grant a person immigration status?
A: USCIS generally considers several factors when deciding whether to grant someone immigration status. These factors include, but are not limited to the following:
- Whether the person has any immediate family members who are U.S. citizens or lawful permanent residents (green card holders).
- Whether the person has an employment opportunity in the U.S. USCIS limits the types of employment opportunities that allow a person to be eligible for a visa.
- Whether the person is making a capital investment in the U.S. that meets a minimum dollar value and creates or saves a certain number of jobs.
- Whether the person can qualify as a refugee or can enter based on a claim for asylum.
The laws involving immigration and granting of visas are complex and can be intimidating. It is important to consult with an experienced immigration attorney who can inform you as to the types of visas that may be available to you or loved ones who would like to enter the country.
Q: Is a visa always necessary for a foreign national to enter the United States?
A: In general, a visa is necessary. However, the one way for foreign nationals to enter the United States without a visa is the Visa Waiver Program (VWP). Under the VWP, foreigners from certain nations can enter the United States without first obtaining a visa. The U.S. Department of State's Visa Waiver Program page maintains an updated list of nations that participate in this program. Foreign nationals who wish to enter the U.S. under the VWP must have an e-passport or machine-readable passport and an approved authorization through the Electronic System for Travel Authorization (ESTA). A visa under the VWP is valid for 90 days.
Q: What is the difference between refugee status and asylum?
A: Refugees are foreign nationals who are not yet inside the United States but cannot return to their home countries for fear of persecution. Aliens arriving at U.S. borders can apply for refugee status at that time.
Asylum allows aliens who are already in the United States to remain as long as they are not barred from applying for asylum for any reason. Under asylum, a person may adjust his or her status to be a lawful permanent resident. Asylum status can be obtained in two ways: affirmatively, if the person submits an application to the USCIS within a year of arrival in the United States, or defensively, if the government has begun removal or deportation proceedings.
Seek Experienced Legal Representation
Immigration and visa issues are complicated. If you need assistance with an immigration matter, it is important to seek advice from an experience immigration attorney who understands the law and is compassionate about your situation. To schedule a free consultation to discuss your case, contact The Cavada Law Office today.
