Immigration Law – New Green Card
Immigration Law – New Green Card
Anyone who has ever worked with immigration law understands that if you enter into a Niw Green Card and National Interest Waiver, you have committed a”felony” which can send you away for life. The Department of Homeland Security (DHS) will detain and try to deport you as a felon, which means you can never be able to leave the country.
In order to be eligible for a waiver, the individual must be a spouse or a relative of a U.S. citizen or a green card holder and must be accompanying that person. The person must have been sponsored by a spouse or parent of the applicant. If you’re eligible for the waiver, a request will be submitted by the visa applicant for adjustment of status.
This petition will then be presented to the US Citizenship and Immigration Services (USCIS) to process the initial file. USCIS will give a list of questions to answer to the applicant, depending on what the documents are in terms of their requirements and paperwork.
Once the documents are received, the petitioner then submits the completed petition for adjustment of status to the Department of Homeland Security (DHS) to receive a permanent stay of removal and also submit to DHS an application for a waiver of inadmissibility under the INA. An application for waiver of inadmissibility, or an approved request, must include an affidavit stating that the alien is prepared to depart the United States if the conditions mentioned in the application for waiver are met.
If the application is approved, DHS process the application and will take over. The forms for this would be the Petition for Waiver of Inadmissibility, Petitioner’s Affidavit for Removal and Form I-864. After these forms are submitted, the waiver application will be processed and reviewed.
Once the petition has been reviewed by DHS and granted the waiver, it is going to assume the processing and inspection of petition and the waiver. The immigration judge will make a decision and either approve or deny national interest waiver the waiver application, when this procedure is completed. If approved, the applicant will be given the status of an immigrant.
If the waiver application is refused, the immigrant will be notified and it is going to be up to the immigration judge to determine not or whether the applicant should be deported. The judge will decide on the amount of time that the immigrant can remain in the United States before needing to apply for a visa again.
If the alien has a valid waiver and an foreign spouse, then the alien may be eligible for a visa on the same chen immigration day. This procedure is known as”spousal”permanent” status.
Then the alien will be eligible for a temporary status until the waiver application is accepted if the alien has no original foreign spouse and a valid waiver. This process is known as”temporary”regional” status.
If the immigrant is denied a waiver along with a green card because he or she is eligible for a permanent visa or temporary status the alien will be sent to the USCIS Determinations Unit, which will use the eligibility decision to create a decision. If this decision is favorable, then the immigrant will be given a waiver request that is new and a new petition for adjustment of status will be introduced to the USCIS.
The alien will be detained and deported, if the alien is refused a waiver because of immigration law. If the alien is detained and the alien’s attorney is not permitted to go to with the detainee the alien taken to a removal facility for processing and will be transferred to a detention facility.
The immigrant will be asked to be removed from america Following the final outcome is decided. Then the immigrant can apply for a waiver based on temporary status and remain in the United States if the immigrant has been allowed to remain while waiting for the final outcome. This will permit the immigrant to adjust to the language and culture of the United States while waiting for her or his status to be accepted.