Need immigration help? Here are some frequently asked questions about the immigration process.
What are key factors that are considered when granting a person immigration status?
Factors considered in granting immigration status include:
- Whether the applicant has an immediate relative who is a U.S. citizen or lawful permanent resident
- Whether the applicant has permanent employment in the U.S., and whether that employment fits under one of the five eligible employment categories
- Whether the applicant is making a capital investment in the U.S. that meets certain dollar thresholds, and that either creates or saves a specified number of jobs
- Whether the applicant qualifies for refugee status as an individual who suffers or fears persecution on the basis of race, religion, nationality, political view, or membership in a certain group in his or her country of origin
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What are grounds for deportation?
Deportation (or removal) occurs when an alien is found to have violated certain immigration or criminal laws.
The consequences to violating certain immigration or criminal laws is forfeiture of the right to remain in the U.S.
Plus, the individual may be barred from returning to the United States.
Can a deportation or removal order be appealed?
You have 30 days to appeal the deportation order to the Board of Immigration (BIA).
If the BIA decides against you, the matter can be appealed to the U.S. Court of Appeals.
Finally, if the Court of Appeals also finds against you, the matter can be appealed to the U.S. Supreme Court.
What circumstances will cause a foreign spouse’s permanent resident status in the U.S. be conditional?
A spouse’s permanent resident status will be conditional if it is based on a marriage that was less than two years old from the day the permanent resident status was granted.
Removal of the condition will take place if it is proven that the purpose of the marriage was not to evade U.S. immigration laws.
What is the basic law that governs immigration?
The federal Immigration and Nationality Act provides the basis for U.S. immigration law.
Can immigration fees be waived?
Yes. The U.S. Citizenship and Immigration Services (USCIS) bureau has discretion to waive a filing fee if you can establish that he or she is unable to pay.
In order to have the USCIS consider waiving a fee, you must follow specific instructions, including completion of a form for review by the USCIS.