Frequently Asked Questions on Immigration Law
Wherever you are on your immigration journey, whether you are applying for a visa for yourself or a family member, fighting a deportation order, seeking asylum, appearing in immigration court, or applying to become a citizen, you are likely encountering areas of the law that are new to you, and you probably have a lot of questions. Below we provide answers to some of the questions we hear most often as we help people in America and from around the world with their immigration legal needs. If you have other questions or need legal assistance with an immigration issue, contact the Law Offices of Meri S. Ponist, P.C., at 212-219-7626 or 212-619-0865 to visit with an experienced and dedicated U.S. immigration attorney.
What is a family petition?
A family petition is a legal process where U.S. citizens or lawful permanent residents file petitions to bring their family members to the United States to live permanently.
Who can file a fiancé(e) petition?
A U.S. citizen can file a petition (Form I-129F) for their foreign fiancé(e) to enter the United States for marriage. The couple must marry within 90 days of the fiancé(e)’s arrival.
What relatives can I petition for?
U.S. citizens can file petitions for their spouse, children, parents, and siblings. Lawful permanent residents can only file for their spouse and unmarried children.
Can I become a U.S. citizen by marrying a U.S. citizen?
Marrying an American citizen does not automatically make you a citizen, but it can lead to citizenship. After the marriage, you can petition for an adjustment of status and apply for a Green Card to live in the U.S. as a lawful permanent resident. You can also begin the process of becoming a naturalized citizen if you so choose, and of course, any children born in the U.S. will be U.S. citizens by virtue of their birth in the country.
If my immigration status depends on my marital status, will I be deported if I get divorced?
If you immigrate based on a fiancé(e) or marriage visa and later get divorced, your residency status could be in danger. You will need to promptly prepare and file a well-documented I-751 petition to remove the conditions of your residence.
Are immigrants eligible to apply for welfare, food stamps or other government benefits?
First of all, be aware that an alien could be deported or ruled inadmissible if found to be a “public charge,” which means the person either has become or is likely to become primarily dependent on the government for subsistence. This could include receiving public assistance or becoming institutionalized for long-term care at the expense of the government. This does not mean, however, that applying for public assistance will make one a public charge. Generally speaking, receiving benefits such as CHIP, WIC, food stamps and Medicaid will not make one a public charge, but receiving Supplemental Security Income (SSI) or cash assistance from TANF or state or local assistance programs may. This is a complex area of the law, and you should consult with an immigration attorney regarding your particular situation.
Is there any way to fight a deportation order?
If you are subject to deportation or removal, you have the right to due process and a hearing before you can be removed, and you have the right to hire an attorney to represent you in these proceedings. An immigration lawyer with experience in deportation defense will explore the various options for removal defense that might apply to your situation. Common defenses include proving eligibility for asylum, cancellation of removal, adjustment of status, or demonstrating that deportation would cause extreme hardship to a U.S. citizen or lawful permanent resident relative.
What happens during an immigration court proceeding?
During an immigration court proceeding, an immigration judge evaluates the evidence and arguments presented by both the government and the individual facing removal to determine whether the person should be deported or allowed to stay in the U.S.
Do I need an attorney for immigration court proceedings?
While you are not required to have an attorney, it is highly recommended to have legal representation to navigate the complex immigration laws and procedures.
Can I appeal a deportation order?
Yes, you can appeal a deportation order to the Board of Immigration Appeals (BIA) within 30 days of the immigration judge’s decision. If the BIA denies your appeal, you can further appeal to the federal courts.
What is asylum?
Asylum is a form of protection granted to foreign nationals who have fled their home country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
How do I apply for asylum?
To apply for asylum, you must file Form I-589 within one year of arriving in the United States and attend an interview with an asylum officer or a hearing before an immigration judge.
What should I do if I am arrested at the border?
If you are arrested at the border, you should seek legal representation immediately and refrain from signing any documents without consulting an attorney. Know your rights and ask for a lawyer as soon as possible.
What is ICE detention?
ICE detention refers to the holding of individuals by Immigration and Customs Enforcement (ICE) while their immigration cases are being processed. Detainees may be held in ICE detention centers or contracted facilities.
Can I get released from ICE detention?
Yes, in some cases, detainees can be released on bond or through other legal avenues such as parole or supervised release. Your attorney can assist you in requesting a bond hearing and will represent you at the hearing for your best chance of release.
What is an immigrant visa?
An immigrant visa allows foreign nationals to enter the United States with the intent to live permanently. Categories include family-sponsored, employment-based, and diversity visas.
How do I apply for an immigrant visa?
The application process involves having a petition approved by USCIS, completing Form DS-260, attending an interview at a U.S. embassy or consulate, and providing necessary documentation.
What is a non-immigrant visa?
A non-immigrant visa allows foreign nationals to enter the United States temporarily for specific purposes such as tourism (B-2 visa), business (B-1 visa), education (F-1 visa), or temporary work (H-1B visa).
How long can I stay in the U.S. on a non-immigrant visa?
The duration of stay depends on the type of visa and the conditions set by the U.S. Customs and Border Protection (CBP) at the port of entry. You must leave the U.S. before your authorized stay expires.
What is naturalization?
Naturalization is the process by which a lawful permanent resident (green card holder) can become a U.S. citizen after meeting certain eligibility requirements.
What are the requirements for naturalization?
Requirements include continuous residence and physical presence in the U.S. for the required number of years, demonstrating good moral character, proficiency in English, knowledge of U.S. history and government, and taking the Oath of Allegiance.
What is a Waiver of Inadmissibility?
A Waiver of Grounds of Inadmissibility (Form I-601) is a way to seek entry into the country (or an adjustment of status or certain other immigration benefits) when you are otherwise ineligible because of issues such as criminal activity, public dependency, prior orders for deportation, health-related grounds (tuberculosis, hepatitis c) or illegal entry. You must be able to provide a strong argument and evidence to support your request for a waiver, such as that any misrepresentation you made was unintentional or that you do not pose a threat to society.
What is VAWA?
VAWA stands for the Violence Against Women Act. It provides protection and immigration relief to individuals who have been abused by a U.S. citizen or lawful permanent resident spouse, parent, or child. It allows victims to self-petition for legal status without the abuser’s knowledge or consent.
How do I apply for VAWA relief?
To apply for VAWA relief, you must file Form I-360 and provide evidence of the abuse, your relation to the abuser, and your good moral character.
What is deferred action?
Deferred action is a discretionary form of relief that allows individuals to remain in the United States temporarily and obtain work authorization, often used in programs like DACA (Deferred Action for Childhood Arrivals).
What is TPS?
TPS stands for Temporary Protected Status. It is a temporary immigration status granted to nationals of certain designated countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions that prevent safe return.
How do I apply for TPS?
To apply for TPS, you must submit Form I-821 and provide evidence that you meet the specific eligibility criteria for nationals of your country, such as the date of entry and continuous residence in the United States.
How do criminal charges affect my immigration status?
Criminal charges can have severe consequences for your immigration status, including making you inadmissible, deportable, or ineligible for certain forms of relief. It is essential to seek legal advice from an attorney experienced in criminal immigration law.
What should I do if I have a criminal record?
If you have a criminal record, consult with an attorney to understand the impact on your immigration status and explore possible remedies such as post-conviction relief or obtaining a waiver.
