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, 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 have the ability to leave the country.
So as to qualify 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, the visa applicant will submit a request.
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, based on what the files are in terms of paperwork and their needs.
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 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 appropriate forms for this are Petitioner’s Affidavit for elimination, the Petition for Waiver of Inadmissibility and Form I-864. Once these forms are filed, the waiver application processed and will be reviewed.
Once the petition has been reviewed by DHS and granted the waiver, it will take over the processing and review of petition and the waiver. If this procedure is completed, a decision will be made by the immigration judge and either accept or deny the waiver program. If accepted, 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 determine whether the applicant ought to be deported or not. The judge will determine the quantity of time that the immigrant can remain before having to apply for a visa.
Then the alien may be eligible for a permanent visa on the same day if the alien has a waiver and an original spouse. 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 foreign spouse and a valid waiver. This procedure is known as”temporary”regional” status.
If the immigrant is denied a green card along with a waiver because she or he is eligible for a permanent visa or status, then the alien will be sent. If this decision is favorable, then the immigrant will be given a waiver request that is new and a new request for adjustment of status will be presented to the USCIS.
The alien will be detained and deported, if the alien is denied a waiver because of immigration law. The alien’s attorney isn’t permitted to go to with the detainee and if the alien is niw green card detained , then the alien is going to be transferred to a detention centre and taken to a removal facility for processing.
After the final outcome is decided, the immigrant will be required to be removed from america. If the immigrant was allowed to remain while waiting for the final outcome, then the immigrant remain in america and can then apply for a waiver based on status. This will permit the immigrant to adjust victoria chen to the culture and language of the United States while waiting to be accepted.Freaking Videos