Immigrating to the US is a complex process and requires preparation weeks or even months in advance to be successful. Millions of people immigrate to the US every year, under both visitor visas and permanent visas. This article will help you gain an understanding of the process and make your experience a smooth and hassle-free one.
The article is divided into three sections: (1) the immigrant visa process, (2) the non-immigrant visa process, and (3) the ESTA and Visa Waiver Program.
(1) Steps and documents required for the immigrant visa:
Step 1- A petition is filed with the USCIS
The first step in the US immigrant visa process is the filing of the I-30 Form by the intending immigrant’s sponsor. This form is used for family-based immigration applications where the sponsor is sponsoring one of their relatives. However, for employment-based applications, the employer will act as the sponsor and will fill out the Form I-40. The sponsor must be a lawful permanent resident (LPR) or a US citizen.
Step 2- Approval of the petition
On approval of the petition by the USCIS, you will need to begin your National Visa Center (NVC) process. The NVC is responsible for scheduling your interview.
First, you will need to choose an agent. The agent will be contacted by the NVC and information regarding your case will be given to them. You will then need to pay the fees, which includes both the immigrant visa fee and the affidavit of support fee.
Once you have done that, you will need to fill out and submit the DS-260 immigrant visa form. This is the form that will formally execute your visa application.
Step 3- Collect financial and supporting documents to submit to the National Visa Center.
You will now need to collect the relevant financial and supporting documents to submit to the National Visa Center.
First, your petitioner will need to submit an Affidavit of Support form (Form I-864) and evidence of their income. By completing the I-864 Form, the petitioner consents to financially support you if it becomes necessary.
Then, you will need to collect the supporting civil documents. You can use the US government’s document finder to see which supporting civil documents you will be required to submit.
After gathering both the financial and the supporting civil documents, you will send their photocopies to the NVC and bring the originals to your interview.
Step 3- The Interview
Once all required documents have been received, the National Visa Center will schedule an interview for you. You will receive a letter from the NVC indicating the date and time of the interview.
After the interview, your case documents will be sent to the relevant US embassy or consulate situated in your country.
Essential documents that you must take to the interview include:
- A valid passport for at least six months
- Appointment letter
- Birth certificate
- Two color passport photographs
- Required supporting civil documents
A comprehensive list of the required documents can be found here.
Step 4- Undergo the Medical Exam
On request of the National Visa Center or your US embassy, you will need to undergo a medical exam. An approved list of doctors will be provided to you to choose from who will then deliver the tests to the embassy in person.
Step 5- Interview day
On the day of the interview, you must bring all requested documents along with you to the embassy. This means the financial and supporting civil documents mentioned above. You must bring original documents only, not photocopies.
Unless you are a visitor with special needs, the only person allowed to accompany you to the interview is the petitioner.
Step 6- Approval of Visa
You will be able to pick up your passport around 10 days after your interview. In addition to picking up your visa, you will need to pay the USCIS fee. This fee is charged for your resident card. It must be paid before traveling to the US.
However, if you are denied a visa, you will be informed of the reasons of denial via a letter.
Step 7- Picking up your visa and document packet
After your interview is completed and your visa application has been successful, you will be informed of when and where to pick up your visa, which will be attached to your passport, and your document packet.
The document packet will be sealed and must not be opened by you. Instead, you will be required to take it along with you to the US and hand it over to the immigration officer at the point of entry.
(2) Steps and requirements for the visitor/non-immigrant visa
Before applying for a non-immigrant visa, you will need to know which one to apply for. There are many non-immigrant visa categories which include, for example, the student visa and business/tourist visas. You should also check to see whether you are eligible for the Visa Waiver Program (see below), in which case you will not need to apply for a visa as long your visit is for no more than 90 days.
Listed below are the general steps you must follow regardless of your visa category:
Step 1- Fill out and submit the DS-160
The DS-160 form is the form which all non-immigrant visa applicants must fill out. It is an electronic form and is submitted online. Each visa applicant, including children, will require their own DS-160 form. The form is lengthy and so it is recommended that you take a reasonable time to fill it out in a careful manner.
Step 2- Pay your fee and schedule an interview
After completing the DS-160 form, you will be required to pay the visa fee and schedule an interview. The interview must be scheduled at the same embassy or consulate that you chose at the beginning of the DS-160 form.
Once your payment receipt has been activated, you can schedule an interview.
Remember, you must have submitted your DS-160 form online before scheduling an appointment for an interview.
Step 3- Gather the required supporting documents
You must bring the following supporting documents to the interview:
- A valid passport. A valid passport is one which would be valid for at least six months beyond your intended length of stay in the US;
- Your visa application (MRV) fee payment receipt;
- Your DS-160 confirmation page;
- Your email address.
Note that there may be additional documents required depending on your visa type as well as your country. You can check for them here.
Step 4- The Interview
Once you have gathered your supporting documents, you will appear at the interview at the chosen embassy or consulate. The interview will be a short one where you will be asked questions about yourself and about the purpose of your visit.
Remember that US law assumes that everyone entering the US intends to stay there permanently. Hence, you must be able to show that you will return to your country after the purpose of your visit has been fulfilled.
Step 5- Final steps
You can check the status of your visa application online following the interview.
If the application has been approved, then you will be able to pick your passport and visa from the location you specified when scheduling the interview.
(3) The ESTA and Visa Waiver Program (VWP)
For citizens of a select group of countries, a visa is not required if the length of stay is no more than 90 days and the purpose of visit is tourism or business.
The list of eligible countries is as follows:
United Kingdom, Australia, Austria, Brunei, Spain, Chile, Germany, Czech Republic, Andorra, Denmark, Slovakia, Estonia, Belgium, Finland, France, Greece, Hungary, Iceland, Sweden, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, Republic of Korea, Singapore, Slovenia, Switzerland and Taiwan.
If you are a citizen of one of the above countries, then you are eligible for the visa waiver program and can fill out the ESTA online instead of applying for a visa. The ESTA is an electronic form which needs to be filled in order to travel without a visa. It must be filled out by each traveler.
The ESTA takes 24 hours to process. However, it is still recommended to complete and submit the form at least 72 hours before departure for the US. Note that the ESTA is only valid for tourism, business or medical purposes. If your ESTA application is denied, then you will need to apply for a regular visit visa.
There are some additional points that you should take note of:
- You must have a biometric passport. If you do not have one, you will need to obtain one before applying for the ESTA.
- The passport must be valid for at least 6 months following your date of departure.
- Remember that the ESTA does not guarantee your entry to the US. Rather, that is determined by officials at the point of entry.
- Your ESTA will remain valid for a period of 2 years, given that your passport does not expire earlier.
In conclusion, we hope that you have found this guide useful. Navigating US immigration rules can be a tricky process but with the right resources, it can be a smooth and hassle-free process. Make sure to check your list of documents and fill out any required forms carefully. Happy traveling!
If you’ve been thinking about immigrating to Canada, then you’ll want to make sure you understand what needs to be done. Immigration laws are actually quite complicated and most people are going to be a bit confused about the requirements. Take a look at the following five important things that you need to know about Canadian immigration laws. It just might help you to understand why hiring an immigration lawyer is such a good idea.
1. Being Married to a Canadian Doesn’t Automatically Get You in
One thing that people wind up being confused about is whether or not having a spouse that lives in Canada can get you into the country. The immigration laws simply don’t work that way in Canada. If your spouse lives in Canada, then you’ll still need to apply for spousal sponsorship to immigrate to the country. This process takes time and it isn’t going to be a guarantee.
Due to the fact that the immigration laws in Canada are different from those in America, people tend to get confused by this. It’s actually not overly difficult to understand, but it might still be beneficial to enlist the help of an immigration lawyer. They can help things to go smoothly and guide you through the process. Lawyers explain what is required of you and they do a lot of the work themselves.
2. The Difference Between Outland Sponsorship and Inland Sponsorship
There are two different types of sponsorship that you can make use of when you have a spouse in Canada. These sponsorships are known as outland sponsorship and inland sponsorship. The difference between the two can be hard to grasp at first glance. It isn’t too complicated when you dig into the details, though.
An inland sponsorship can grant someone an open work permit. This is going to allow them to live in Canada and they’ll also be able to work. An outland sponsorship is usually going to be the faster option, but it doesn’t come with that convenient open work permit. Consider which option is best for your situation before moving forward.
3. A Job Offer Isn’t Necessary to Immigrate to Canada
You should also remember that you don’t necessarily need to have a job offer to immigrate to Canada. It can help the process, but immigrating to the country isn’t contingent on whether you have a job offer. There are other factors to consider and the majority of immigration applicants don’t have a job offer when they finally do get their Canadian Permanent Residence. Immigration lawyers can help you immigrate from one country to another without any issues.
4. You Usually Need a Job Offer to Obtain a Canadian Work Permit
Getting a Canadian work permit isn’t as simple as you might like it to be. This is one of the reasons why people enlist the help of lawyers so that they can be helped through the process. Typically, you’re going to need a job offer to get a Canadian work permit. There are exceptions, but you’ll definitely want to have a solid job offer to make things easy.
5. Job Offers Need to Be Validated
If you do get a job offer from a Canadian business, then things will need to be validated. Only serious job offers will really help you to get into Canada faster. This assessment process is known as a labour market impact assessment. Things will be assessed and then you’ll be able to see if it helped your chances or not.
The Canadian immigration process might feel a bit daunting at first. Even so, you’ll be able to get things in order by contacting a lawyer. You shouldn’t hesitate to reach out to a legal professional if you want things to go smoothly. They’ll be able to consult with you and they can handle a lot of things on your behalf.
The U.S. is known to be one of the most common destinations of immigrants over the years. In 2019, the laws of immigration in the U.S. state that a legal U.S. citizen must fund foreign citizens seeking to immigrate into the country. The immigrant must also have an approved petition before any further applications.
To become a lawful U.S. resident, the immigrant must obtain the immigration visa before packing their bags. However, this wasn’t the case in the 1870s when immigration into the U.S. first started. The conditions leading to immigration were quite different from today, and so was the process of immigrating.
Do you know the complete history of U.S. immigration? Find out in this comprehensive history of immigration in the U.S. timeline.
In 1790: The Naturalization Act
Unlike today, in the year 1790, immigrants were given a law that requested them to apply for citizenship and stay in their country one year after the application. Once they did that, they could go into the U.S. and remain there at least two years without leaving the country.
As for those allowed to apply for citizenship, only white people of “good character” could apply. Those were the requirements for getting U.S. Citizenship. Nonwhite persons who didn’t get to receive citizenship would be denied opportunities for voting and other constitutional securities.
Later in August same year, the U.S. government ran its first census. Tally resulted in 3.9 million residents, with one in five Americans being of African background.
In 1815 to 1875: Immigration of the Irish and Germans
After the war of 1812, peace was finally established between the British and Americans in the year 1815. After this, immigration by the Irish into the U.S. drastically grew. Between 1820 and 1860 the Irish (who were mostly of Catholic denomination), totaled to a third of all immigrants in the U.S.
Germans also made their move at a similar time to join residents in the United States. Some of these Germans were moving into the Midwest to buy farms.
Unfortunately, due to their method of migration, many new immigrants could arrive feeling unwell, or worse – dying. As they traveled through the Atlantic Ocean by ship, they got to experience cramped conditions and climate that didn’t favor their general health.
All these led to Congress passing legislation through the Steerage Act of 1819, which had two major requirements:
- Sustenance rule where all ships must have better conditions for the immigrants arriving in the United States. This protected immigrants from illnesses and ensured they were comfortable during their journey into the country.
- Congress established a law where ship captains would report, or instead give information on passenger’s demographic and destinations.
In 1849, the worst happened to immigrants when a party known as the Know-Nothing-Party formed. The reason behind this formation was as a result of the backlash after noting the increasing number of Germans migrating into the United States.
After the civil war, a few states passed new immigration laws in 1875. In the same year, the Supreme Court declared the federal government the entity for enforcing immigration laws.
Chinese Exclusion Act
In 1880, Americans began a rapid period of urbanization and industrialization. The same year, a second immigration wave began.
Forty years from then, over 20 million immigrants moved into the country from Eastern, Southern, and Central Europe. This tally includes 2 million Jews and about 4 million Italians who came to work in factories and settle in main cities like New York.
Around the 1850s, a substantial number of Chinese had immigrated into the U.S. In 1882, the Chinese got unlucky when they were barred from getting into the United States. This was done by passing of the Chinese Exclusion Act that year.
Most of the Chinese immigrants worked in the gold mines, built railways, worked in cloth factories, and took part in agricultural jobs. With time, these laborers became quite successful in the United States. This led to Americans becoming anti-Chinese; hence the Act.
This Act is first one to impose extensive constraints on a specific immigrant group.
The Immigration Act of 1891
In 1891, the Immigration Act was further crafted to exclude more immigrants into the country, some of which include:
- Sick people or the diseased
- Convicted criminals
It’s in 1891 when the federal government of the United States created the office of immigration. This office was to be used to coordinate immigration laws and ensure all immigrants adhere. Immigration inspectors were stationed at main ports of entry in the U.S. to process each immigrant who tries to get into the country.
The first immigration station opened in January 1892 in the New York Harbor in Ellis Island.
The U.S. & Japanese Sign Gentleman’s Agreement in 1907
The Japanese immigrants settled in America and began to work at farming jobs. White workers would lose their jobs, and their wages cut. This became a worry to the government, leading them to sign the Gentleman’s agreement in 1907.
This agreement gave the Japanese government the mandate to restrict Japanese immigrants into the U.S. The restriction was limited to business people and professionals. This way, the white workers would keep their jobs and have better wages.
World War Bore Restrictions from 1917
More immigration restrictions were enacted following America’s involvement in World War I. The immigration act stated that literacy requirements were to be considered for all immigrants into the States. The Act then excluded Asian immigrants.
In 1924, the federal government established the U.S. Border Patrol to capture illegal immigrants (mainly Asians and Chinese) trying to enter America through the Canadian and Mexican borders.
World War II brought about labor shortages which prompted the government to allow in Mexican agricultural workers into the country through the Bracero Program in 1942.
Quota System Ends
In 1965, the immigration act and Nationality Act refurbished the American immigration system ending enacted laws in the 1920s, which favored specific racial and ethnic groups.
Later in 1986, President Reagan signed the Simpson-Mazzoli Act, which gave pardon to over 3 million legal immigrants living in the U.S.
Child Dreamers and Terrorist Immigrants
In 2001, President Barrack Obama signed an Act known as DACA (Deferred Action for Childhood Arrivals). It helps some dreamers avoid deportation.
Unfortunately, the Act does not help them get citizenship. In 2012, President Donald Trump issued executive orders to prevent travel and immigration of people from selected Muslim countries. They include Iran, Somalia, Yemen, and Syria.
This move is meant to help protect the country from terrorist entries. Find out more about eligibility.
History of Immigration in the U.S. Timeline
From the year 1875 to 2001, the history of immigration in the U.S. timeline has been through tremendous changes. They affect both adults, and child dreamers.
The federal government has tried to maintain favorable conditions for immigrants to apply for their immigration visas while also trying to protect the livelihood of current U.S. citizens
Do you have any questions about current immigration laws or other legal matters? View our other articles on the topic to learn more.
Applying for a visa is not easy, and getting it approved is far more difficult unless everything goes right. A minor error can lead to its cancellation without even you recognizing where the fault was. Hence, it’s better to get legal help in this matter from experienced lawyers like Strategic Lawyers, to improve your chances of visa grant. Your lawyer can help you in many ways.
The benefits of hiring a legal advisor for visa application
Identify problems and suggest solutions for them
There can be certain situations due to which your visa can be rejected or cancelled. You may not be aware of those circumstances. But a migration lawyer can detect those areas quickly by asking you some relevant questions, and guide you on the steps that you would need to take. If possible, he can also seek exemption for you from the department based on your case.
Finish paperwork and legal procedures
At the time of applying for the visa, you need to consider multiple factors, such as the type of visa you require, job description, filling up answers on forms, date and time of submission of the documents, etc. For a common man, it’s not easy to handle deadlines or follow all the rules on how to fill the form and submit it. If you enter the wrong information or get late in your submission, your application will either cause visa rejection or delay in the procedures, which in turn, mean more expense. But all this is avoidable if you have an attorney to navigate you through this process.
Prepare written submission
A written submission document can be two to ten pages long depending on the nature of your case and the complications involved in it. If you hire a legal advisor, you can leave it to him to get this document ready and present it before the authorities by emphasizing on the positive sides and addressing the potential risks. The lawyer can also help you understand your choices in complex situations and build strategies around it.
Deal with the concerned authorities efficiently
A process of visa application involves tribunal members, courts, and immigration officers. They all are experts in their fields, and you need to possess a certain level of expertise and experience while dealing with them. Whether the information on the document has minor or severe errors, it would not matter to them. They can reject the application based on legal and practical grounds. Your emotional plea will not melt them. As you can understand, immigration laws are by themselves so complicated, and then there can be mistakes from the side of the government officers also. Whatever be the situation, it will be difficult for you to get a fair decision if you don’t know how to deal with it. But your attorney can convince the decision-makers or counter their opinions in your favour.
So, do you need a visa for your family, friend, or yourself? Consider going to a professional legal advisor, who specializes in this field. His experience and knowledge can prove beneficial to you.
The US has a staggering 13.1 million legal noncitizens and 11.3 million unauthorized immigrants. The process of obtaining citizenship is a long drawn-out process that can take up to 7 years.
Whether or not you require an immigrant lawyer will depend on what you’re reasons for being the country are in the first place. In this article, we’ll take an in-depth look at what the role of USA Immigration Lawyers is in the immigration process. Read on.
USA Immigration Lawyers: What Is Their Role
The role of a lawyer who specializes in immigration matters is quite different from that of other kinds of lawyers you might come across. They don’t spend time in court handling civil disputes.
So, what do immigration lawyers do? They spend most of their days helping US noncitizens sort out their immigration issues.
Their role is that of an advisor to immigrants who have to interact with the immigration authorities. They may also make court appearances before an immigration judge if their client is facing an immigration hearing.
How to Tell If You Need an Immigration Lawyer
If you’re wondering, “What does an immigration lawyer do and do you need one?” Well, believe it or not, they could be the difference between getting a permanent US residency or immediate deportation.
A migration lawyer (not to be confused with a migration agent) is critical to the entire process. If you are a US noncitizen, you’ll certainly need an immigration lawyer if:
1. You’ve Committed a Crime
When applying for US citizenship, most USCIS (US Citizenship and Immigration Services) forms require that you indicate whether or not you’ve previously committed or been convicted of a crime. It is important to not misrepresent yourself when filling out this section.
Remember, they’ll run your prints. So, if you’ve had any prior run-ins with the law, engaging an immigration attorney might save you from deportation. You can read more about what a conviction is for immigration purposes.
2. Your Previous Applications Have Been Declined
The immigration process is notoriously complex. It tests your patience on so many levels. You may have tried doing it on your own only to end up having your application rejected.
You may also be in the process but it appears to have stalled for a number of months or even years. An immigration lawyer might help you remedy the situation and perhaps even fast track the process.
3. You’ve Been Deported from the US
Getting forcibly removed from the US is nothing short of a traumatic experience. However, not all removals result in getting permanently barred from the country. An immigration lawyer can initiate an appeal process on your behalf.
4. The Determination of Your Application Status Is Taking an Unreasonably Long Time
A well-established immigration lawyer has built long-standing relationships with USCIS personnel. If you filed your application and still haven’t received feedback regarding your application status, an immigration lawyer can do a follow up on your behalf to get a timely response.
5. You Lost Your Permanent Residence Status in Your Divorce
If you obtained US permanent residency status as the result of a marriage to a US citizen, getting a divorce means you lose that status. If you are now getting into a second marriage with another US citizen, adjusting your permanent residency status can prove to be a difficult undertaking.
The burden of proof rests in your ability to show that your initial marriage was not a sham. An immigration lawyer is best placed to help you go about it.
6. You Have a Child Who Is About to Turn 21
Say for instance that you obtained a green card through your job and now have to immigrate with your family. They too are eligible for green cards provided the kids are below 21.
However, the process of obtaining permanent residency status can be painfully slow, to say the least. So, there’s cause to worry if one of your kids is about to turn 21.
You’ll need to retain an immigration lawyer so that they can expedite the process. Otherwise, if the child turns 21 before they get permanent residency status, they’ll effectively get locked out of the country and have to apply for residency on their own.
7. Your Employer Isn’t Willing to Handle the Immigration Process
If you receive an offer of employment from a US-based firm that requires you to immigrate, your prospective employer is under no obligation to help you with the immigration processes. In that case, you’ll have to get an immigration lawyer to help you with the process of getting a green card or visa.
Obtaining these documents based on an employment offer is quite a complicated process that could potentially result in lengthy delays. Don’t attempt to do it yourself or you might end up losing the opportunity altogether.
8. You Find Paperwork Alone Exhausting
Even the most basic of US immigration applications involves filling out mountains of paperwork. What’s more, you have to correctly fill out the requested information in great detail.
Some sections have very intricate instructions, which if not followed to a tee, could result in getting the application returned, delayed or in some instances, rejected. Immigration lawyers deal with this kind of stuff on a daily basis. Hiring an immigration lawyer is well worth the peace of mind.
The Bottom Line
With the complexity of issues surrounding the immigration process, it would be foolish not to seek help from USA immigration lawyers. They are best placed to present you with all the options available if you want a favorable outcome.
Whatever you do, don’t rely on advice from USCIS information officers. They wouldn’t be of much help to you, beyond providing you with basic procedural advice. Leave that to the experts.
Do you have any credit issues? Read about why it’s necessary to hire an attorney to sort them out.
There are 44.5 million immigrants living in the United States, according to the 2017 Census Bureau.
If you’re thinking of living and working in the U.S., you’ll have to go through the immigration process first. But, it’s not as easy as it sounds.
You might be asking yourself, “do I need to hire an immigration lawyer?” The short answer, no. But, you might want to. Anyone who has gone through the immigration process will tell you that it’s no joke.
Depending on which route you take, the immigration process can take up to a decade, and the more mistakes you make, the longer it can take. This is precisely why an immigration lawyer could be crucial to your case.
Read on to learn more reasons why an immigration lawyer can make or break your case.
1. Deadlines Are Everything
First off, ask yourself one question: Are you perfect at meeting deadlines? You’ll want to be honest with yourself.
During the immigration process, you’ll encounter what seems like endless deadlines. You’ll have time limitations on filing certain paperwork, turning in proper documentation such as birth certificates, and even presenting supporting evidence such as petition letters.
On top of paperwork deadlines, you’ll have many appointments you’ll need to keep track of. Depending on which process you’re going through, you may need to attend several interviews, be present for multiple oaths, and have your fingerprints taken.
Having a lawyer available to keep track of these deadlines and appointments can make a big difference. A simple appointment reminder can prevent your entire case from being pushed back to the bottom of the pile, or even denied altogether.
2. The Paperwork Is Complicated
It’s true; the paperwork is killer. A lawyer will ask you questions so he or she can fill out the paperwork on your behalf.
You can fill out the forms on your own, but be careful not to make any mistakes. A simple mistake of checking the wrong box can result in the denial of your entire case.
3. Your Chances of Success Are Higher
If your case does get denied, you’ll have the opportunity to dispute the denial. Disputes can get tricky, though. An immigration lawyer is trained for this type of situation.
They will search for legal loopholes and policies that support the dispute. This makes your overall success rate much higher than if you were to apply on your own.
4. Your Immigration Lawyer Will Attend Your Interviews
Immigration interviews can be intimidating, to say the least. It’s easy to say the wrong thing and find yourself denied.
An immigration lawyer will attend these interviews with you, so you won’t have to worry about saying the wrong thing. They will prepare you for possible questions as well, so there won’t be any surprises.
Don’t Forget to Ask Questions
Most importantly, lawyers are there for you from beginning to end. They’re there to answer any and all of your questions.
Unfortunately, not all immigration lawyers are created equal.
It’s important to do a bit of research before choosing an immigration lawyer. If you’re ready to hire your first immigration lawyer, check out these tips for finding the perfect immigration lawyer.
There are many professions in the world. This is so that everybody can choose the career that fulfills them and makes all their dreams come true. Apart from making one’s life complete, the different careers and professions allow people to specialize in various fields of study. Thus, this creates a system where you are able to get help from anyone depending on what you need without having to search too far. For example, if you are sick, you can get help from a doctor and if you are in any legal trouble, you can get help from a lawyer. However, some careers are wide in terms of fields of specialization to enable you to be served better. For example, in law there are many types of lawyer; property lawyers deal with real estate while immigration attorneys deal with matters of deportation and citizenship. When choosing an immigration lawyer, you need to act fast so that you can get the services that you need before your situation gets worse. This means that you have to choose a lawyer with good characteristics that distinguish him or her from all others in that profession. Some of the things that you should consider doing to help your search include:
Thanks to technology, there are so many websites that offer reviews on different subjects. This includes the best lawyers to hire. Before you hire your immigration attorney, you should try and find a review about them. This will help you know the type of person that you are dealing with and how you should prepare yourself. Furthermore, you can also visit the lawyer’s website and check out what their former and current clients have to say about their services. Don’t ignore this information as it may end up saving you from hiring the wrong lawyer for your case.
Before you hire anybody, it is wise to conduct an interview with them. This is to allow you to find one who matches your needs, according to thoughtco.com. You should do this interview face to face and not over the phone if possible. This is so that you can observe their facial expressions as you ask what you want to. Don’t be afraid to compile a list of relevant questions for the attorney in question. It is their job to put your mind at ease and convince you that you should hire them. However, if the attorney seems unfriendly, consider finding another option.
Experience is the best teacher. Through experience, people are able to learn from their mistakes and adopt new strategies to prevent them from making the same errors. Thus, it is important to find an immigration attorney with the right amount of experience. Such a person has handled his or her fair of cases and knows how to handle such cases. You will be in safe hands with such a person. Furthermore, you should also consider finding out their track record. It is better to hire a winner as you stand a better chance in court.
Immigration is a tricky subject. The U.S. government is currently undergoing a series of modifications in the policies for that matter.
Whether you’re planning on going to the U.S. or you already live there, this article untangles the current state of the immigration system. In this way, you will know what to expect and what to do in case you are at risk of being deported.
Getting the Facts in Numbers
According to the Migration Policy Institute, there are an estimated 43.7 million foreign-born citizens living in the U.S. as of 2016.
However, only 21.2 million (48.6%) of those citizens are naturalized, while the other 22.5 million (51.4%) are immigrants. From that 22.5 million group, an estimated 11.3 million (50.2%) are illegal immigrants, with about 8 million of them currently in the workforce.
Furthermore, about 53% of this number comes from Mexico, while the rest come from Central American and Asian countries. However, since the 2009 Great Recession, the illegal arrivals from the Mexican population have decreased.
Nonetheless, the issue still remains, with an increasing number of illegal immigrants from Central American, Asian and African countries, surpassing the Mexican inflow at its highest point.
The main reasons why people immigrate illegally to the U.S. are because of the lack of opportunities in their native countries as well as being faced with a very difficult authorization process that leaves a total of 4 million people on the immigrants waiting list.
The Evolution of Immigration Policies
Although it is a multicultural civilization, the U.S. started to regulate immigrant activity in 1924. The government established the Immigration Act that would give VISAs to only 2% of immigrants from each country.
By 1970, immigration hit an all-time low at about 4.7 %. This was due to the fact that policies were changed 5 years before by a Nationality Act that eliminated the 1924 quotas and gave priority to those with competitive skills or those who were joining a family living in the U.S.A.
Today’s immigration laws are totally different because the economic picture is not the same as it was 50 years ago. The immigration systems got adjusted to cover the demands of the current era. Besides, one of the key aspects of Trump’s presidency is focused on immigration.
The laws and securities were reformed and reinforced in order to reach those goals. However, as an immigrant planning to go to or already living in the U.S., you must be aware of 3 main aspects in order to stay safe:
Explaining Immigration VISA
A VISA is the first document that a foreigner must obtain in order to enter the U.S. Although it depends on the country of origin, obtaining a VISA can be a time-consuming process that demands to fill a series of applications and handing in documents, as well as having a final interview.
This way it is determined whether you’re a good candidate for the VISA or not. The VISAs contemplated for immigration purposes are classified as follows.
- Immediate Relative & Family Sponsored
- Employer-Sponsored – Employment
- Other Immigrants
Depending on the process, it is important to know that there are a limited number of VISAs available for each country. That info can be looked upon the Visa Bulletin that is published each month on the official page of the U.S. Bureau Of Consular Affairs
If you get caught without a VISA or if it happens to be violated, deportation will be automatic in most cases, without any intervention from the immigration court.
One tip is to get copies of your passport biography page, your visa, as well as the admission stamp (paper form I-94) as soon as you arrive into the U.S. This way you can ensure that you are protected in case any of these documents get lost or stolen.
If the VISA gets lost or stolen, report it immediately to a local police station by bringing in the copies of the documents. You will also need to report the lost/stolen status of your VISA to your country of origin’s U.S Embassy or Consulate, in order to apply for a new replacement. This is normally done together with a copy of the police report.
Which Countries Are Banned from the U.S.?
Currently, since June of 2018, the Supreme Court admitted a travel ban for a total of 7 countries. These countries are:
- North Korea
However, for countries like Iran, people with exchange and student visas can still enter the country, as long as they are valid, while Venezuela’s ban only applies to certain government officials.
DACA is the acronym for Deferred Action for Child Arrivals program. Despite the controversies caused by misinformation from the mainstream media and political biases, the program was set during the Obama era in order to protect children who were brought in illegally by their parents.
An article from the Abdelhadi & Associates, PC ‘s blog, explains that DACA’s true purposes were distorted because many argued that the program was a misuse of presidential power. Stating that it was an affair that only the Congress had voice and power on. However, the program officially launched in 2012 and has saved a total of 700 thousand children from deportation.
Things got messed up when president Trump announced in late 2017 that DACA would be phased out, giving the Congress a 6-month period (March 5, 2018) to replace it with the DREAM Act. Recently a U.S. appeal court in the state of California ruled in favor of continuing the program throughout Trump’s presidency.
Explaining the U.S. Naturalization Process
Naturalization is the ultimate goal a U.S. immigrant aims for. However, the process is complex and confusing for many, as the criteria are stricter than in the VISA process.
Becoming a naturalized U.S. citizen can first of all be up to mere luck such as winning the Green Card in the Green Card Lottery. Besides the Green Card, there are other ways in which you can become a naturalized U.S. resident.
- If you’ve been living in the U.S. for at least 2 and a half years
- Have not spent 6+ weeks away from the U.S.
- Have lived in the same state for at least 3 months
- You are 18 years old by the time you fill the application
- You have not run into any trouble with authorities
- You speak English
- You are willing to join the military when necessary
Though there is more to it, this is the general prospect of what to expect if you want to live in the U.S. Moreover, if you are a U.S. immigrant who’s having trouble with the law because of any immigration process went wrong, don’t hesitate to contact a professional attorney that specializes in foreign affairs so he or she can help you determine which options are best ones for you.
Have an Australian partner and want to join him or her in Australia? Or maybe you have a foreign partner, and you want the process of your reunification to be as smooth as possible? The read on. In this article, we will break down the different Australian visa options you can explore if you want to join your partner in Australia or if you want your partner.
What visa subclasses are available for foreign nationals who wish to join their Australian partners in the country?
If you are planning to marry your partner before the end of the visa period, then the Subclass 300 or Prospective Marriage Visa is for you.
If you want to apply for a partner visa in Perth but you’re going to lodge your application from outside Australia, then you’ll have to apply for the Partner Visa Subclasses 309 and 100.
If you are already in Australia and you want to lodge an application for an Australian partner visa, then submit an application for the Partner Visa Subclasses 820 and 801.
Prospective Marriage Visa (Subclass 300)
When you have the Prospective Marriage Visa Subclass 300, you can stay in the country for up to nine months after it has been granted. It allows you to work and/or study in Australia, as well as travel to and from the country whenever you want. Keep in mind, however, that this is a temporary visa, and that you must be outside the country when you lodge an application.
The cost of applying for this visa subclass starts from AU$7,160. You and your partner will also need to shell out money for an additional family member (say, a child or a sibling). The initial cost does not cover police clearances or certificates, medical exams, and biometrics.
Now comes the hard part: the waiting game. According to the Department of Home Affairs, 90% of the applications will be processed within a 16-month period. The rest, on the other hand, will receive the result within a 13-month period. Keep in mind that the processing time will be longer if you made mistakes in filling out the forms or you did not include all the documents the department requires from you.
Partner Visa Subclasses 309 and 100
The Partner Visa Subclasses 309 and 100 allow you (whether you’re the spouse or a partner) to live in Australia. You should be outside the country when making an application for the Visa Subclass 309. But what’s the difference between the two subclasses?
The Visa Subclass 309 is also known as the provisional visa for foreign partners, while the Visa Subclass 100 is known as the partner (migrant) visa. Both visas allow the spouse or de facto partner of Australian permanent residents or citizens, as well as eligible New Zealand citizens to live in the country. The first subclass is only a temporary visa, while the second subclass is a permanent visa. You must be a holder of the Visa Subclass 309 for you to be considered for a Visa Subclass 100. The Visa Subclass 309 allows you to stay in the country temporarily until a decision regarding your application on Visa Subclass 100 has been reached.
To qualify for these visa subclasses, you should be in a genuine and committed de facto relationship with or married to an Australian citizen. The same also applies to people who are in a relationship with an Australian permanent resident or an eligible citizen of New Zealand. If you and your partner are in a de facto relationship, you must have evidence that you have been living together for the past twelve months. If you have lived apart during the course of your relationship, make sure that the periods were only a short amount of time so as not to complicate your visa application process.
Partner Visa Subclasses 820 and 801
There are many similarities between the Visa Subclasses 309 and 100 and the Visa Subclasses 820 and 801. But if you’re already in Australia, you should apply for the latter instead of the former. If you’re applying for the Subclass 820, then remember that this is a temporary visa. This particular visa is the first step towards obtaining a permanent Partner Visa Subclass 801.
If you are granted the Visa Subclass 820, you can live, study, and/or work in the country while your application for the Visa Subclass 801 (permanent) is being processed. You can also travel to and from the country as much as you like. It also entitles you to attend free English language classes.
Once your Visa Subclass is granted, you can stay, work, and/or study in the country permanently. It also allows you to sponsor family members given, of course, that they are eligible. You can also apply to be an Australian citizen if you are eligible.
There is, of course, the issue of the cost of applying for the visas. Those who have the Visa Subclass 300 or Prospective Marriage Visa will need to shell out $1,195 or more. The price, however, becomes steeper for other applicants. Those who have other visas will need to shell out $7,160 or more for the visa application process. But don’t worry, as the cost will cover the application for both Visa Subclasses 820 and 801.
If you find the visa application process too complicated or if you feel that your case is complex and you need help navigating the Australian partner visa application process, then it’s best to hire a registered migration agent in Perth for you.
Since the beginning of human race the desire for a better living has always been in place. This includes an upgrade in living standards, change in surroundings, better life opportunities etc. On the other hand war-torn countries are also there which are no longer fit to live in. Looking at both sides one can say that in this modern era immigration has come into vogue for some very obvious reasons. But as we know that every perk comes with its drawback, similarly there are several factors that have to be put into consideration before taking any further step.
If you are planning to apply for shifting to another country or have been facing issues with any of the procedures then get along with Some Well-known Lawyers to make your case stronger and find the best solution to any of your concern regarding Immigration. However in the past fifty years the world has seen millions of migrants but if we take a look at the United States of America it alone hosts a whopping 38 million migrants. Let’s take a look at how the US Immigration operates.
Permanent Residents are those who are Green Card holders. By becoming a Green Card holder a person becomes eligible to live permanently in the US and also work and progresses like a normal citizen. To obtain this status there are different options. Mostly the people are sponsored by a family member living and working in the US. People can also achieve a resident status through a refugee or any other humanitarian program. Get in affiliation with some good attorneys who bring the best way for you to migrate to US by tackling problems caused by any mean.
Conditional residents are ones who have married less than two years before they received their Green Card. In order to remove this ‘conditional’ status the person has to file a joint petition along with their spouse within 2 years of receiving the card. This petition process takes up to 90 days. In case this status is not removed then the threat of cancellation of Green Card is possible, even leading to deportation.
These people are not actually the residents of United States but they are the ones who have migrated to this country by fraud means. An undocumented resident has no say in the running of the country; neither does he have access to basic facilities like health care and education. These people have a threat of being deported from the country or even spending time behind the bars. In that case you need to get in touch with the companies who highly condemn the flow of such immigrants and urge all the people to find a secure and legal way to migrate through their state of the art services.
SEEKING LEGAL ADVICE
Opting to choose to go for some legal advice before you plan on to do any work regarding immigration can come in handy. With so many procedures and protocols it seems almost impossible to complete all that on your own at first. In such situations a lawyer can help you out. These lawyers know how to get people through the immigration procedure without any hassle.
CHOOSING THE BEST ATTORNEYS:
The immigration process that the US holds is quiet extensive and can prove to be daunting. So having an experienced attorney by your side can be your guiding light throughout the procedure and help you achieve your American Dream. In the past, huge delays have been observed on even the slightest of mistakes that one can possibly make leading to a lot of wastage of time as well as capital. The skilled and experienced work force of this company allows its customer to have all their queries addressed in a very short span of time.
Ask your queries now related to Immigration Attorneys in Kennewick, Richland, Pasco and Tri-Cities. That’s not all, even after successful migration of people virtuous attorneys stay connected to its customers in order to prevent any mishaps emerging in future. Few of the Immigration services offered by such companies are as follows:
- Citizenship and Naturalization of immigrants
- All types of Visas
- Deportation and Removal Handling
- Removal of Conditional status
- Family immigration
By looking at the level of service each company provides we can sum up that It is undoubtedly one of the best performing firms that handle Immigration cases across the United States of America.