FAQS: Immigration matters

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Q: Who can enter the U.S.?

Answer. Before determining how a Foreign National can enter the U.S., it is necessary to find out if that person can even enter the U.S. (Inadmissibility) in the first place.  Under the inadmissibility law, there are several grounds that the U.S. Citizenship and Immigration Services (“USCIS”) may use to deny Foreign Nationals entry to the U.S. such as health reasons, economic, crimes, prior immigration violations, and other grounds.   

Q: What do I need to do once I enter the U.S.?

Answer. Once a Foreign National is in the U.S., they must comply with all U.S. laws to remain in the U.S. Under deportability law, there are grounds that USCIS may use to deport immigrants already in the U.S. such as for health reasons, economic, crimes, unlawful status, entry in the U.S. without inspection, and other immigration violations.  

Q. What must I do if I am facing a charge in municipal court or criminal court in the U.S. as a Foreign National?

Answer. Before Foreign Nationals plead guilty to any crimes in criminal court or to charges in Municipal Court, it is imperative that the person consult with an immigration attorney to determine whether he or she will be subject to removal (deportation).  

Q. How am I affected if overstay in the U.S.?

Answer. 

Unlawful presence

Unlawful presence refers to the period that a Foreign National is in the U.S. after entering the country without having been inspected or authorized. Unlawful presence also refers to a Foreign National who initially was authorized to enter the U.S. but then overstays the legal period.

Unlawful status “Unlawful status” is different from “unlawful presence.” Unlawful status refers to a Foreign National who violates their authorized status e.g., a student who works without seeking USCIS's approval or a student who stops attending school.

Three-year bar A foreign National who remains in the U.S. unlawfully for at least six months but less than a year who then seeks to be readmitted to the U.S. is barred from entering for three years. This three-year bar only applies if the Foreign National leaves the U.S. and seeks to return. If a Foreign National leaves before six months and then seeks to return, he or she will not be subject to the three-year bar.

Ten-year bar: A Foreign National who remains in the U.S. is unlawfully for a year or more, then leaves and seeks readmission to the U.S. will be barred from entry for 10 years. 

Q. Can I enter U.S. temporarily to attend school or visit?

Answer.  USCIS grants temporary status (nonimmigrant status) to foreign nationals for many reasons, such as medical treatment [visa number], to visit friends and family (B-2), for work (B-1), for study or training (F-1, J, M, H-3), temporary work (H-1B, H-2A, H-2B, E, L, O, P, R, or TN visas), or seeking protection from violence and crime (T or U visas), 

Q: How do I become a lawful permanent resident or get a green card?

Answer. Most Foreign Nationals though come to the U.S. to remain here permanently in what the USCIS calls immigrant status. Their reasons vary: to work here permanently , to live with their immediate family members, or to avoid political persecution or violence.  People who qualify can obtain immigrant status through their family, employment, the diversity lottery, asylum, or through other protective measures that USCIS has put in place.

Q: How do I become a U.S. Citizen?

Answer.  A lawful permanent resident may apply to become a U.S. citizen after five years of obtaining permanent residency and meeting other requirements.  That period is reduced for persons who obtained permanent residence based on marriage or under the Violence Against Women Act (VAWA).

For free 30-minute consultation, I can be reached at 845-504-5477 or via email at smekbeb@mekbeblawllc.com.