Immigration Law – New Green Card
Immigration Law – New Green Card
Anybody who has ever worked with immigration law understands that when you enter into a Niw Green Card and National Interest Waiver, that 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.
So as to be eligible for a waiver, the person must be a partner 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 request will then be presented to the US Citizenship and Immigration Services (USCIS) to process the initial file. USCIS provides a list of questions to answer to the applicant, depending on what the initial files are in terms of their requirements and paperwork.
Once the files are received, the petitioner then submits the completed petition for adjustment of status to the Department of Homeland Security (DHS) to get 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 petition, must include an affidavit stating that the alien is willing to depart the United States if the conditions are met.
If the first application is approved, DHS will take over and process the application. The proper forms for this are Petitioner’s Affidavit for Removal, the Petition for Waiver of Inadmissibility and Form I-864. Once these forms are filed, the waiver application will be reviewed and processed.
Once DHS granted the waiver and has reviewed the first petition, it is going to assume the processing and review of the waiver and petition. The immigration judge will make a decision and either accept or deny the waiver application, when this process is completed. If approved, the applicant will be given an immigrant’s status.
The immigrant will be notified, if the waiver application is denied and it will be up to the immigration judge to decide not or whether the applicant should be deported. The judge will determine the quantity of time before having to apply for a visa again that the immigrant can stay.
If the alien has a waiver and an original foreign spouse the alien may be eligible for a permanent visa on the day. This procedure is known as”spousal”permanent” status.
Then the alien will be eligible for a temporary status until the waiver application is approved 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 green card and a waiver because he or she is eligible for a visa or temporary status, then the alien will be niw green card 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.
If the alien is denied a waiver because of immigration law, the alien will be arrested and deported. If the alien is detained and the alien’s attorney isn’t permitted to go to the detaineethe alien taken to a removal facility for processing and is going to be transferred to a detention facility.
After the outcome is determined, the immigrant will be required to be removed from america. Then the immigrant can apply for a waiver based on temporary status and remain in america if the immigrant has been permitted to stay while waiting for the outcome. This will allow the immigrant to adapt to the language and culture of the United States while waiting for her wegreened.com or his status to be approved.