Immigration Law – New Green Card
Anybody who has ever worked with immigration law understands that if you enter into a Niw Green Card and National Interest Waiver, that you have committed a”felony” that can send you away for life. The Department of Homeland Security (DHS) will detain and try to deport you as a felon, which means that you can never have the ability to leave the country.
In order to be eligible for a waiver, the person 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. A request will be submitted by the visa applicant for adjustment of status, if you are eligible for the waiver.
This request 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 files are in terms of paperwork and their needs.
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 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 willing 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 are Petitioner’s Affidavit for elimination, the Petition for Waiver of Inadmissibility and Form I-864. After these forms are submitted, the waiver program processed and will be reviewed.
Once DHS has reviewed the first petition and granted the waiver, it will assume the processing and review of request and the waiver. The immigration judge will make a decision and either approve or deny the waiver program, If this procedure is completed. If approved, the applicant will be given an approved immigrant’s status.
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 ought to be deported. The judge will also determine the quantity of time before needing to apply for a visa again that the immigrant can stay.
If the alien has an foreign spouse and a valid waiver the alien may be eligible for a visa on the same day. This process is called”spousal”permanent” status.
If the alien has no original spouse and a valid waiver the alien will be eligible for a temporary status until the waiver application is approved. This process is known as”temporary”regional” status.
If the immigrant is denied a card along with a waiver because she or he is eligible for a permanent visa or temporary status the alien will be sent to the USCIS Determinations Unit, which will use the determination to create a decision. Whether this decision is positive, then the immigrant will be given a waiver petition that is new and a new request for adjustment of status will be introduced to victoria chen the USCIS.
The alien will be detained and deported, if the alien is denied a waiver because of immigration law. The alien’s attorney is not permitted to visit the detainee and if the alien is detained the alien is going to be moved to a detention facility and taken to a elimination facility for processing.
The immigrant will be asked to be removed from america after the final niw green card outcome is decided. If the immigrant was allowed to remain while waiting for the final outcome, then the immigrant stay in the United States and can apply for a waiver based on temporary status. This will allow the immigrant to adapt to the culture and language of the United States while awaiting his or her status to be accepted.
