There are five different categories upon which one may be able to qualify for asylum in the United States:
Most adjustments of status approvals are granted based on family or employment relationships. Individuals who are present in the United States and who are beneficiaries of approved immigrant petitions may generally file an application with USCIS to adjust their status to that of a Lawful Permanent Resident, or they may depart the United States and apply for an immigrant visa abroad. One reason Congress created the adjustment of status provision was to enable certain individuals physically present in the United States to become LPRs without incurring the expense and inconvenience of traveling abroad to obtain an immigrant visa.
U.S. immigration law allows certain aliens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (the green card) based on specific family relationships.
Family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories:
U.S. Citizenship and Immigration Services (USCIS) decides if a person is eligible for a U visa.
Who is eligible for a U-Visa?
T Nonimmigrant Status (T Visa) is set aside for those who are or have been victims of human trafficking and are willing to assist law enforcement in the investigation or prosecution of acts of trafficking. The T nonimmigrant visa allows victims to remain in the United States to assist federal authorities in the investigation and prosecution of human trafficking cases.
Under VAWA, noncitizen victims of domestic violence, child abuse, or elder abuse may “self-petition” for LPR status without the cooperation of an abusive spouse, parent, or adult child.
Steps for Consular Processing:
Who is eligible for Naturalization?
For most immigrants, to become a U.S. citizen is the ultimate goal. We all come to this country with dreams and aspirations wanting to work hard and earn the privilege to become a U.S. citizen. To apply for naturalization to become a U.S. citizen, you must:
Board of Immigration Appeals
Administrative Appeals Office
I-290B Appeals
If you have lost your case in front of an immigration judge, you are eligible to appeal to the Board of Immigration Appeals (BIA). You must file a notice of appeal within 30 days of the decision and then supplement the appeal with a legal brief. Similarly, you may appeal a decision from USCIS if your case was denied after you applied to Adjust Status.
What Is DACA? (Deferred Action for Childhood Arrivals)
As the Department of Homeland Security (DHS) continues to focus its enforcement resources on the removal of individuals who pose a danger to national security or a risk to public safety, DHS will exercise prosecutorial discretion as appropriate to ensure that enforcement resources are not expended on low priority cases, such as individuals who came to the United States as children and meet other key guidelines. Individuals who demonstrate that they meet the guidelines below may request consideration of deferred action for childhood arrivals (DACA) for a period of two years, subject to renewal for a period of two years, and may be eligible for employment authorization.
What is TPS?
The secretary of Homeland Security may designate a foreign country for Temporary Protected Status (TPS) due to conditions in the country that temporarily prevent its nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.
We have been providing immigration services to clients in Palm Beach and Martin counties in South Florida for many years. We are also members of the
New Jersey and Florida Bars.
Phone:
(561) 557-3922
Email:
info@hernandezglaw.com