What is the basis for being deported? What are the consequences of deportation? | Back To Top
Deportation (or removal) occurs when an alien is found to have violated certain immigration or criminal laws and as a consequence, the alien forfeits his or her right to remain in the U.S., and is usually barred from returning.
How is the deportation process initiated? | Back To Top
The Bureau of Immigration and Customs Enforcement issues charging document called a Notice to Appear (NTA) stating the reason why the alien should be removed or deported. The NTA is served to the alien and is filed with the immigration court. A hearing is scheduled, at which an immigration judge will determine if the information in the NTA is correct. If it is, removal of the alien will be ordered.
Can a deportation or removal order be appealed? | Back To Top
Yes. By law, the alien has 30 days to appeal the decision to the Board of Immigration (BIA). If the BIA decides against the alien, the matter can be appealed to the U.S. Court of Appeals. Finally, if the Court of Appeals also finds against the alien, the matter can be appealed to the U.S. Supreme Court.
What are some factors that are considered by the U.S. Citizenship and Immigration Services (USCIS) in granting an individual immigration status? | Back To Top
Factors considered by the USCIS include:
- Whether the applicant has an immediate relative who is a U.S. citizen or lawful permanent resident;
- Whether the applicant has a permanent employment opportunity in the U.S., and whether that employment fits under one of the five eligible employment categories;
- Whether the applicant is making a capital investment in the U.S. that meets certain dollar thresholds, and that either creates or saves a specified number of jobs; and
- Whether the applicant qualifies for refugee status as an individual who suffers or fears persecution on the basis of race, religion, nationality, political view, or membership in a certain group in his or her country of origin.
Under what circumstance will a foreign spouse's permanent resident status in the U.S. be conditional? | Back To Top
A spouse's permanent resident status will be conditional if it is based on a marriage that was less than two years old from the day the permanent resident status was granted. To remove the conditions, the spouse must establish that the purpose of the marriage was not to evade the U.S. immigration laws.
Under what circumstance will a foreign fiancé(e), who has been admitted into the U.S. for the purpose of getting married, be required to leave the U.S. | Back To Top
If the marriage to the U.S. citizen who filed the petition to permit the fiancé(e) into the U.S. does not take place within 90 days of entering the U.S., the fiancé(e) will be required to leave the country.
What is the basic law that governs immigration? | Back To Top
The federal Immigration and Nationality Act provides the basis for U.S. immigration law.
Can a fee for immigration related services be waived? | Back To Top
Yes. The U.S. Citizenship and Immigration Services (USCIS) bureau has discretion to waive a filing fee if the applicant can establish that he or she is unable to pay. In order to have the USCIS consider waiving a fee, the applicant must follow specific instructions, including completion of a form for review by the USCIS.
My fiancée was coming to the US to visit me. At the border (Juarez) her visa was canceled. Is there a way to get her visa back? She was born in Mexico and the border inspector believed she was coming to marry me. Can the consul expedite a K-1 (fiancée) visa for her? If we get married in Mexico, will it be easier to bring her back with me? Do we really have to send all those forms to the BCIS? If she comes with me without proper papers can we get in trouble and possibly have her deported? | Back To Top
If the border agent believes a person is intending to stay here, they will not let them in until they have a green card. If a border or airport inspector believes that a marriage is planned, the person can be sent back immediately and barred from re-entry for 5 years.
A fiancée visa takes about 6 months to get approved. If she marries you in Mexico, she must stay in Mexico until her green card visa is ready, about 4 to 6 months. Illegal entry can lead to deportation.