Immigration Law Information Center
Q: What are factors considered by the U.S. Citizenship and Immigration Services (USCIS) in granting an individual immigration status?
A: Factors considered by the USCIS include:
- Whether the applicant has an immediate relative who is a U.S. citizen or a 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 be 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 has either suffered 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.
Q: What is the purpose of the Diversity (DV) Lottery Program?
A: The purpose of the DV Lottery Program is to annually award immigrant visas to applicants whose country of origin has low (not more than 50,000 in the last five years) immigration rates to the U.S. The program is called a lottery because there are more applicants than visas, and the visas are granted randomly among qualified applicants.
The law firm of Jonathan A. Bartell, located in Cleveland, Ohio and proudly serving clients in Columbus, Youngstown, Akron, Toledo, and Canton, Ohio, is committed to providing the most experienced personal service in the area of immigration law. Our practice includes handling business immigration matters, visa applications, asylum-refugee cases, and removal and deportation proceedings. Mr. Bartell regularly travels nationwide and internationally to fight for the rights of his clients. Our law firm collaborates with translation and interpreting bureaus to provide services to clients in all languages.
Immigration - An Overview
Immigration is the act of entering a country with the intention of permanently living and working there. The multi-step process involved in becoming an immigrant can be daunting. An experienced attorney can be an invaluable resource and advocate in navigating this process. If you are facing an immigration issue, call one today.
Eligibility
The immigration system in the U.S. is set up primarily to grant immigration status based on factors such a family reunification, needed work skills, and capital investment. The immigration system also recognizes refugees and provides a "lottery" for immigration status to people who have less pressing immigration needs. The process for gaining legal immigrant status will depend upon which path you are eligible to pursue based on your employment, education, family, and other needs and characteristics.
Basic Immigration Laws
Federal immigration law deals with a myriad of issues regarding the rights and duties of foreign nationals in the United States. Federal law defines people's immigration status and their immigration options, with a specific focus on their reasons for coming to the U.S. Immigration laws also determine if a person is in the country illegally and whether or not they can be deported. If you are involved in an immigration case, the complex laws and regulations can be extremely intimidating. Being represented by an immigration attorney will help you understand your rights and duties under the law, and can help you're your case forward toward your immigration goals. Contact an experienced immigration attorney today to discuss your situation.
Relevant Forms and Fees
The U.S. immigration process relies on a series of forms, each of which is designed for specific immigration needs and for particular steps in the process. Understanding what forms need to be filed, as well as what fees are involved, is a critical part of each immigration-related service. An experienced immigration attorney can handle these detailed forms for you. If you will be making an immigration petition or have an immigration issue, call a local immigration lawyer today.
Types of Forms/Fees
Immigration forms will vary depending upon the service sought. Often, a fee is also required and must be mailed with the completed form, although you may qualify for a fee waiver if certain requirements are met.
Marriages, Fiance(e)s and Adoptions
Spouses, fiance(e)s, and adopted children of U.S. citizens receive priority in the immigration system. Rather than waiting for the visa lottery, they can be admitted upon approval of their petitions by the government. However certain procedures must be followed. An attorney can be an invaluable resource in helping an immediate family member gain legal status in the U.S. If you are getting married or adopting internationally, call one near you today.
Marriages
The following is an outline of the process for a spouse of a U.S. citizen to gain permanent resident status:
- The immigration service must approve a visa petition filed on behalf of the spouse.
- If the spouse is outside the U.S. when the visa petition is approved and the visa is made available, the spouse will go to the U.S. consulate to complete the processing for an immigrant visa prior to travel to this country.
- If the spouse is inside the U.S. when the visa petition is approved, the spouse may apply to adjust his or her status to that of a lawful permanent resident.
Deportation
Deportation occurs when the federal government formally removes an alien from the United States for violations of the immigration laws. Once deported, an alien may lose the right to ever return to the United States, even as a visitor. Livelihoods and families may be impacted, and in some cases, a deported alien may end up living in a "homeland" that he or she has little familiarity with.
Deportation is a legal proceeding, and the alien who is subject to the procedure has legal rights to challenge it prior to being removed from the country. A challenge involves appearances before a government body and the laws involved are complex and ever-changing. As a result, legal representation is essential for the best chance of avoiding deportation. If you are at risk of being deported, call an immigration lawyer today.
Immigration Resource Links
International Adoption
This website, maintained by the U.S. Citizenship and Immigration Services, provides information on how to bring a foreign-born child into the United States for purposes of adoption.
Deportation
This web article, prepared by the Political Asylum Project of Austin (PAPA), provides an overview of the deportation process.
Forms and Fees
This resource, maintained by the U.S. Citizenship and Immigration Services (USCIS), provides information on immigration forms, including filing fee information, and provides on-line access to these forms.
