Frequently Asked Questions about the Immigration Process Part 1

The immigration issue is complex, variable and very extensive, which is why there are a large number of concerns that people have in reference to the immigration process.

For this reason, from this moment on, we will give concise answers on a monthly basis so that they are more and more informed about it. Remember that information gives you power: the power to know to be able to decide and make the best decisions.

What’s a port of entry?

A port of entry is a legal station on land, air, or water, established in seaports, border towns, and airports, through which a person enters the United States.

There are more than 300 ports of entry in the United States, where Immigration Officers inspect people entering the country and authorize their entry.

Do I need a lawyer to make my immigration form?

The United States Government doesn’t oblige you to hire a lawyer, or an “Immigration Consultant” to solve your procedures, because the immigration system is designed so that you can manage all the steps of your application yourself, but it’s very important to note that it’s very beneficial that you hire the services of an Immigration Lawyer, because they can evaluate your case and offer you the best strategy to achieve a favorable result.

In the US there are records of immigration fraud through notaries posing as experts in the law. Now, there are measures that protect applicants for immigration benefits from unauthorized practices of law.

What agencies control immigration to the United States?

Immigration to the United States is governed exclusively by federal law, especially the Immigration and Nationality Act (INA, for its acronym in English).

The INA is implemented primarily by the following federal agencies:

  • Department of Homeland Security (DHS, for its acronym in English)
  • United States Citizenship and Immigration Services (USCIS, for its acronym in English)
  • Immigration and Customs Enforcement (ICE, for its acronym in English)
  • Customs and Border Protection (CBP, for its acronym in English)

These agencies are responsible for enforcing immigration law, as well as making decisions on applications for immigration benefits, however, other federal agencies play a role in the implementation of the law such as: the Department of Justice (DOJ, for its acronym in English), Department of State (DOS, for its acronym in English), Department of Health and Human Services (HHS, for its acronym in English), and Department of Labor (DOL, for its acronym in English).

How many times can I apply for Naturalization?

There is no limit to the number of times you can apply for Naturalization.

What is a petition to reopen a case?

If an alien within the United States is denied citizenship, visa, or other benefits to remain in the country, he or she will be ordered to leave the United States.

This is where the petition to reopen a case comes in, which is a legal process by which the Court is asked to annul a deportation order and open the case again so that new evidence can be presented, request a new one form of relief or have another chance because the first trial was unfair for whatever reason.

What if I want to live in the United States and I have relatives there?

Only US citizens and permanent residents can sponsor a foreign national so that she can legally live and work in the US.

The following types of relationships qualify for the foreign family petition:

  • Direct family members of a US citizen: parents, spouses, and children over 21 years of age.
  • Spouses and unmarried children of permanent residents.
  • Siblings of US citizens.

How do I immigrate to the United States for humanitarian reasons?

Some individuals and families may be allowed to immigrate to the United States for humanitarian reasons. This category includes refugees and asylees, fleeing persecution in their home countries, as well as recipients of special visas for survivors of serious crimes and human trafficking.

All immigrants who come to the United States for humanitarian reasons must first undergo rigorous examinations and comply with a number of specific rules and requirements. For this reason, it’s always best to consult with an immigration attorney before applying.

What is an Affidavit of Support (I-864)?

An Affidavit is basically a document that a person signs to accept the financial responsibility of the applicant who comes to live in the United States, where he shows that she has the income required by the government.

The person who signs the Affidavit of Support is also called the “Sponsor”.

What do I do if I need to extend my stay as a tourist in the United States?

Visitors who wish to extend the length of stay indicated on Form I-94 should contact USCIS and request Form I-539, which is a request for an extension or change of status.

The decision to grant or reject the extension depends exclusively on this body.

Can I reopen a case in order to stay in the United States?

Once the Order of Repatriation expires, the only method a person can use to dispute their case is the petition to reopen it, where they will have the opportunity to incorporate new evidence, but it will not necessarily prevent Deportation.

How many times can I register for the annual visa lottery registration?

DOS uses sophisticated technology and other means to identify individuals who submit more than one application per year, because the law governing the Diversity Visa Program, also known as the “Visa Lottery”, only allows one registration per person in each annual registration period, if you submit more than one entry, you will be disqualified.

 

At Tramites de Inmigracion USA Corp we have a highly qualified team of immigration lawyers, which has a lot of experience in everything concerning immigration processes. Together, we will achieve your goals!

Do you know someone who can use this information? Share it, they will thank you.

For more information or to schedule an appointment, contact us by calling 1 (786) 776-7152 or 1 (786) 786-5088.

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