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, 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 that you can never be able to leave the country.
In order 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 seeking the waiver must have been sponsored by a spouse or parent of the applicant. A petition 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 first file. USCIS provides a list of questions to answer to the applicant, depending on what the initial files are in terms of paperwork and their requirements.
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 an approved request, or waiver of inadmissibility, must include an affidavit stating that the alien is willing to leave the United States if the conditions are met.
DHS will then take over and process the application, if the first application is approved. national interest waiver The proper forms for this are Form I-864, Petitioner’s Affidavit for elimination and the Petition for Waiver of Inadmissibility. Once these forms are submitted, the waiver application processed and will be reviewed.
Once DHS has reviewed the petition and granted the waiver, it will take over the processing and inspection of petition and the waiver. The immigration judge will make a decision and either accept or deny the waiver application, when this procedure is finished. If approved, the applicant will be given the status of an approved immigrant.
The immigrant will be notified if the waiver application is denied and it is going to be up to the immigration judge to decide whether the applicant should be deported or not. The judge will also determine the quantity of time that the immigrant can stay in america before having to apply for a visa.
Then the alien could be eligible for a visa on the day if the alien has an original spouse and a waiver. This procedure is called”spousal”permanent” status.
Then the alien will be chen immigration eligible for a temporary status until the waiver application is approved, if the alien has no first foreign spouse and a valid waiver. This process is known as”temporary”regional” status.
If the immigrant is denied a green card along with a waiver because he or she is eligible for a visa or status, then the alien will be sent to the USCIS Determinations Unit, which will use the determination to make a decision. Whether this decision is favorable, then the immigrant will be given a waiver petition that is new and a request for adjustment of status will be presented 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 the detaineethe alien taken to a removal facility for processing and is going to be transferred to a detention facility.
The immigrant will be required to be removed from america, Following the outcome is decided. Then the immigrant can then apply for a waiver based on status and stay in the United States if the immigrant was allowed to stay while waiting for the outcome. This will permit the immigrant to adjust to the language and culture of the United States while waiting to be approved.