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Immigration laws in the United States
What do I need to work in the United States if I am not a U.S. citizen and I do not have a visa for permanent residence in that country?
To be legally employed in the United States should not qualify otherwise to work there, it must obtain a temporary non-immigrant visa or “work permit”.
What type of work visa Nonimmigrant I get to live and work temporarily in the United States?
- H-1B work visas specialization generally require a college degree 4-year degree.
- L: visas transferred between companies to transport employees between foreign companies and companies based in the United States.
- E: visas for investors and traders should be some special kind of international treaty.
- O & P: People with extraordinary ability are recognized nationally or internationally.
Can I live and work permanently in the United States if I am not a U.S. citizen?
Yes, by obtaining a “permanent resident card” or lawful permanent residence.
Questions regarding permanent resident cards
Which is the “Permanent Resident Card”?
The permanent resident card allows the holder to live and work in the U.S. indefinitely. Provides evidence of lawful permanent residence, usually obtained through autopatrocinio, sponsorship by an employer or family sponsorship.
What does the “autopatrocinio” for a greencard?
People who have extraordinary ability in areas such as art or science can get a “greencard” based on the gains they have achieved in their field. Other people may be eligible for the national interest waiver if they can establish that their work will greatly benefit the United States. Whatever the case, it is not necessary that any particular employer sponsoring the person.
When should the employer sponsoring a person to get the greencard?
In any other situation other than the “autopatrocinio” the employment-based immigration requires the Department of Labor certifies that there are available to qualified U.S. workers for the position offered to the foreign national and that recruitment of the foreign national for the position will not hurt the wages and working conditions of U.S. workers who are in a similar situation. Labor certifications are used to sponsor professionals who have obtained a title and qualified such as chefs or even less skilled workers as those who provide child care workers.
How can my family sponsor me for a greencard?
Eligible to obtain a permanent resident card if:
- the spouse of a permanent resident or citizen of the United States;
- the unmarried child of a permanent resident or citizen of the United States;
- married the son of a U.S. citizen;
- the parent of a U.S. citizen who is 21 or older; and
- brother or sister of a U.S. citizen.
What does the “asylum” and how do I qualify for that offer me asylum in the United States?
Asylum refers to the fact of feeling, with good reason, fear of persecution in their home country. You must submit your application within the period of one year after his arrival in the United States (unless there are extraordinary circumstances or country conditions have changed) and must determine that the persecution is based on race, religion, nationality, political opinion or membership in a particular social group. You may also qualify for deferral of removal based on the Convention Against Torture because he was tortured in his home country.
Citizenship and deportation
How I can get U.S. citizenship?
U.S. citizenship is acquired by birth or naturalization. You can apply through naturalization if: (i) has been a lawful permanent resident for 5 years; (Ii) has been a lawful permanent resident for 3 years and has been married to a U.S. citizen during those 3 years; (Iii) is a child of lawful permanent resident parents who are U.S. citizens; or (iv) has provided military service in compliance with the requirements. Children who are under 18 may automatically become citizens when their parents naturalize.
Who is subject to removal (deportation) from the United States?
Foreigners who violate the immigration laws of the United States are subject to removal (deportation). An alien is a person who is not a citizen and includes legal permanent residents, visitors and those who do not have the relevant documents.
How is a transfer case start?
The Department of Homeland Security ( Department of Homeland Security, DHS) sent a summons ( Notice to Appear, NTA) and the foreign person has said NTA with the immigration court. The NTA tells why the person is subject to transfer and tells you to appear in court.
What if I fail to appear in court on the date indicated?
The judge determined that is transferred (deported) from the United States “in absentia” (in their absence). This decision can be rescinded if he proves that he never received the summons to the hearing or if it can prove that there was an “exceptional circumstance”, such as a serious illness, which did not allow him to appear in court.
What kind of exceptions can be filed with the immigration court?
Each case is different. Some people are eligible to apply for a change of state (permanent resident card) and other asylum seekers or similar compensation to the damage or even looking to get some form of discretionary compensation generally called “cancellation of removal”. The nature of compensation offered will vary greatly depending on the circumstances of the person.
If my transfer is ordered, I can? Appeal my case?
Yes, you can appeal to the Board of Immigration Appeals ( Board of Immigration Appeals, BIA). This is an appeal to the Departments of Justice and results in automatic suspension for the transfer. After that instance, appeals must be filed in federal court, either before the court of appeals or district court, depending on the type of case. The suspension of the transfer in these cases is not automatic and must be requested from the court.
Contact us for more information on immigration law
Surin & Griffin, PC has experience in the department of immigration courts nationwide. For more information on how the immigration laws of the United States can affect consult Surin & Griffin, PC To do this, contact us online or call 888.452.9578.