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Defensive Asylum

Asylum is intended for people fleeing persecution, violence, or danger in their home country and seeking protection in another country, such as the United States. To qualify for asylum, a person must demonstrate that they have suffered or fear persecution due to:

 

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Belonging to a specific social group (such as sexual orientation or gender identity)

 

The purpose of asylum is to provide refuge to those who face serious threats and cannot find safety in their home country.

TPS

Temporary Protected Status (TPS) is a U.S. immigration program for people from certain countries who face extraordinary conditions that make their safe return difficult. These conditions may include:

 

  • Armed conflicts in the country of origin (such as civil wars).
  • Natural disasters (such as earthquakes, hurricanes, or epidemics).
  • Other extraordinary temporary circumstances.

 

TPS grants beneficiaries the right to live and work legally in the U.S. for the duration of their designation, but it does not offer a direct path to permanent residency or citizenship. It is intended for individuals who were already in the U.S. at the time of their country's TPS designation.

Adjustment of Status or Permanent Residence

Adjustment of status is a process that allows certain immigrants in the United States to apply for permanent residence (a green card) without having to leave the country. This process is an option for people who meet certain requirements and wish to change their temporary immigration status (such as students, temporary workers, or asylum or TPS beneficiaries) to permanent resident status.

 

Adjustment of status is available for:

 

  • Immediate relatives of U.S. citizens: Spouses, unmarried children under 21 years of age, and parents of U.S. citizens.

 

  • People with job applications: People who have an approved job offer and an available visa in their category.

 

  • Refugees or asylum seekers:After one year of being admitted as refugees or asylees, they can adjust their status.

 

  • Diversity Visa Lottery Recipients: If you are in the US and have been selected in the visa lottery.

 

  • Beneficiaries of special programs: Such as TPS, the Cuban Adjustment Act, or the NACARA Act.

 

To adjust to the status, the applicant must have legally entered the U.S. and meet other specific requirements depending on the category under which they are applying.

Work Permits and Social Security

Work permits in the United States (officially known as Employment Authorization Documents or EADs) are issued to certain individuals who are not U.S. citizens but are authorized to legally work in the country. The following groups of individuals may apply for work permits:

 

  • People with asylum or refuge applicationsAsylum seekers may be eligible for a work permit if their application has been pending for 150 days or more without a decision.

 

  • TPS (Temporary Protected Status) RecipientsIndividuals from certain countries designated as eligible for TPS may apply for work permits while in the U.S.

 

  • Conditional permanent residentsThose with conditional residency, such as spouses of U.S. citizens who are still awaiting the removal of their conditions, can work legally with a permit.

 

  • People in the process of adjusting statusThose in the process of changing their status to permanent resident can apply for a work permit while their application is being processed.

 

  • DACA (Deferred Action for Childhood Arrivals)DACA recipients can apply for a renewable work permit.

 

  • Holders of specific visas: Some temporary visas allow you to work, such as the F-1 visa (international students with special authorization), H-4 visa (family members of H-1B workers), and other nonimmigrant visas.

 

  • Spouses of US citizensThose in the process of adjusting their status after marrying a U.S. citizen can work while waiting for approval of their permanent residency.

 

  • Refugees and asylum seekers: People who have been recognized as refugees or asylees have the right to work in the U.S.

A work permit is crucial for these individuals as it allows them to legally work in the country while their immigration processes are being processed or for as long as they have temporary status.

Naturalization and Citizenship

The naturalization Naturalization is the process by which a foreigner becomes a citizen of the United States. This process is available to individuals who meet certain requirements established by law. The following groups of people are eligible for naturalization:

 

  • Legal permanent residents (green card holders)Most naturalization applicants must have been permanent residents for at least 5 years before applying (or 3 years if married to a U.S. citizen).

 

  • Spouses of US citizensPeople married to U.S. citizens can apply for naturalization after 3 years of being permanent residents, provided they meet certain additional requirements, such as having lived with their spouse during that time.

 

  • Military and veteransCurrent members of the U.S. Armed Forces, as well as veterans, may be eligible for naturalization through special processes, depending on their length of service and whether they served during a period of war or conflict.

 

  • Children of American citizensChildren of U.S. citizens born outside the U.S. may be eligible to obtain citizenship through a process called "citizenship derivation" or, in some cases, may be naturalized.

 

  • People with asylum or refugeesThose who have been recognized as asylees or refugees may apply for naturalization after having been permanent residents for 5 years, which includes the time of their refugee or asylee status.

 

  • Spouses of members of the Armed ForcesIn some cases, spouses of U.S. military personnel may be eligible to apply for naturalization more quickly, especially if their spouse is assigned to a base abroad.

 

  • Children adopted by US citizensChildren adopted by U.S. citizens may be eligible for citizenship automatically or through naturalization, depending on their age and other factors at the time of adoption.

 

To naturalize, individuals must meet several additional requirements, such as living in the U.S. for a specific period of time, demonstrating good moral character, passing a U.S. history and government exam (with some exceptions), and passing an interview with an immigration officer.

Family Petition

The family petition It's a process by which a U.S. citizen or lawful permanent resident petitions certain family members for a green card or adjustment of status to live in the United States. Here are the groups of people who may benefit from a family petition:

 

For US citizens:

 

  • Spouse: U.S. citizens may apply for permanent residence for their spouse.

 

  • Unmarried children under 21 years of age: A citizen may file a petition for his or her unmarried children under the age of 21.

 

  • Unmarried children over 21 years of ageAlthough children over 21 can obtain residency, the process is slower and depends on visa availability.

 

  • Married children of any ageU.S. citizens can also sponsor their married children, but the wait time is longer due to preference categories.

 

  • Parents: A U.S. citizen over the age of 21 may petition for his or her parents.

 

  • SiblingsU.S. citizens can also apply for residency for their siblings, but this process involves a long wait due to limited visa availability.

 

For legal permanent residents (Green Card holders):

 

  • Spouse: A permanent resident may file a petition for his or her spouse.

 

  • Unmarried children under 21 years of agePermanent residents may apply for residency for their unmarried minor children.

 

  • Unmarried children over 21 years of age: They can also apply for residency for their unmarried children over 21, but they cannot sponsor married children.

 

Limitations:

 

  • Permanent residents cannot petition for their parents or siblings; this benefit is only available to U.S. citizens.

 

  • Processing times and visa availability depend on the beneficiary's preference category and country of origin.

 

Each category has different waiting times and requirements, depending on the family relationship and the number of visas available annually.

Elimination of the Permanent Residence Condition

The elimination of the permanent residence condition It applies to immigrants who have obtained conditional permanent residence (usually through marriage or investment) in the United States. Conditional residence is valid for two years, and conditional residents must apply to have these conditions removed before their status expires in order to obtain a permanent residence permit. Green Card permanent.

 

Who should apply for removal of the residency condition?

 

Conditional residents based on marriage:

 

  • If an immigrant obtains conditional residence because he or she married a U.S. citizen or permanent resident, he or she must apply to remove the conditions jointly with his or her spouse through Form I-751 (Petition to Remove Conditions on Residence).

 

  • The application must be submitted within 90 days before the conditional green card expires.

 

  • If the marriage no longer exists (divorce or death of a spouse), the conditional resident can apply for an exemption and demonstrate that the marriage was bona fide.

 

Conditional residents based on investments:

 

  • Immigrants who obtained conditional residency through investment (EB-5) must also request removal of conditions by filing Form I-829 (Investor Petition to Remove Conditions).

 

  • This form must be filed within 90 days before your conditional green card expires.

 

Process:

 

  • Form I-751 (for married couples) either Form I-829 (for investments)The applicant must submit the corresponding form with evidence demonstrating that they meet the requirements to remove the conditions. In the case of marriages, it is essential to demonstrate that the marriage is genuine and not for immigration reasons.

 

  • InterviewIn some cases, U.S. Citizenship and Immigration Services (USCIS) may require an interview to confirm the validity of the marriage or investment.

 

Importance:

 

If removal of the condition is not requested before the conditional green card expires, the immigrant may lose his or her legal status in the United States and be subject to deportation.

Nonimmigrant Visas

The nonimmigrant visas They are intended for people who wish to enter the United States temporarily for specific reasons, such as tourism, temporary employment, study, medical treatment, among others. These visas do not allow permanent residence in the U.S., and applicants must demonstrate that they do not intend to remain indefinitely.

 

Who can apply for a nonimmigrant visa?

 

Tourists and business visitors:

 

  • B-1 Visa: For those traveling to the U.S. for business reasons, such as attending conferences, professional consultations, or trade negotiations.

 

  • B-2 Visa: For those visiting the U.S. for tourism, vacation, visiting family or friends, medical treatment, or to participate in social events.

 

Students:

 

  • F-1 Visa: For individuals wishing to study at academic institutions in the U.S., such as universities, colleges, high schools, or language programs.

 

  • M-1 Visa: For students in vocational or non-academic programs.

 

Temporary workers:

 

  • H-1B Visa: For specialized workers in fields such as technology, engineering, medicine, or law, which require a high level of education or specific skills.

 

  • H-2A Visa: For seasonal agricultural workers.

 

  • H-2B Visa: For other non-agricultural seasonal workers.

 

  • L-1 Visa: For employees of multinational companies transferred to a branch, affiliate, or subsidiary in the U.S.

 

  • O-1 Visa: For people with extraordinary abilities in areas such as science, arts, education, business, or sports.

 

  • Visa P: For athletes, artists, and entertainers coming to the U.S. to participate in specific events.

 

Exchange visitors:

 

  • J-1 Visa: For individuals participating in cultural exchange programs, including students, interns, teachers, and au pairs. This can also apply to visiting professors and researchers.

 

Journalists and members of the media:

 

  • Visa I: For foreign media representatives working in the U.S. while representing media outlets in their home country.

 

Religious:

 

  • R-1 Visa: For religious workers who come to the U.S. temporarily to perform religious functions for a nonprofit organization.

 

Medical treatment:

 

  • B-2 Visa (Tourist): It can also be used to receive temporary medical treatment in the U.S.

 

Importance of nonimmigrant visas:

 

These visas allow people to enter the U.S. legally and temporarily, depending on their purpose. It is important to comply with the visa conditions and not exceed the authorized length of stay, as doing so may have legal consequences, including being barred from future entry to the U.S.

U Visa

The U visa is a type of nonimmigrant visa in the United States intended for victims of certain crimes who have suffered physical or mental abuse and who have cooperated with authorities in the investigation or prosecution of those crimes. It is primarily granted to individuals who have been victims of crimes such as domestic violence, sexual assault, human trafficking, and other crimes.

 

In addition to offering protection, the U visa can lead to permanent legal status (residency) in the future if certain requirements are met.

 

Do you have any specific questions about the process or requirements?

VAWA

VAWA, or the Violence Against Women Act, allows certain spouses, sons and daughters, and parents of U.S. citizens and lawful permanent residents who have been victims of abuse to apply for a green card (permanent residency) without the abuser having to participate in the process.

 

VAWA beneficiaries include:

 

  • Abused spouses: Spouses of U.S. citizens or permanent residents.

 

  • Abused sons and daughters: Children under the age of 21 of U.S. citizens or permanent residents who have suffered abuse.

 

  • Abused parents: Parents of U.S. citizens who have been victims of abuse by their citizen child.

 

This program seeks to protect victims of violence and provide them with a way to escape abusive situations.

DACA

DACA, or Deferred Action for Childhood Arrivals, is a program in the U.S. that protects certain young immigrants from deportation and allows them to obtain work permits. It is intended for people who:

 

  • They arrived in the U.S. before they turned 16.
  • They are under 31 years of age at the time of application.
  • They have resided continuously in the U.S. since June 15, 2007.
  • They are in school, have graduated or have a GED, or have been honored in military service.
  • They have not been convicted of a serious crime and do not pose a threat to national security or public safety.
  • DACA does not provide permanent legal status, but it does offer temporary protection.

Immigration Pardons

Form I-601A, or "Application for Waiver of Grounds of Inadmissibility," is used to request a waiver for reasons of inadmissibility in certain immigration proceedings. It is intended for individuals who are spouses, children, or parents of U.S. citizens or lawful permanent residents and who face inadmissibility due to:

 

  • Illegal presence: If you have been in the U.S. without legal status for more than 180 days, which may result in a reentry bar period.

 

  • Other grounds for inadmissibility: Such as crimes, fraud, among others.

 

The waiver allows these individuals to request a waiver of their inadmissibility before leaving the country to attend a consular interview. This can facilitate the process of obtaining a visa or green card.

 

Form I-601, or "Application for Waiver of Grounds of Inadmissibility," is used to request a waiver for individuals who are inadmissible to the U.S. for specific reasons, such as:

 

  • Crimes: People who have been convicted of certain crimes.

 

  • Fraud or false representation: Those who have committed fraud in their immigration applications.

 

  • Illegal presence: People who have been in the U.S. without legal status for a certain period of time.

 

The I-601 permits applicants to request a waiver of their inadmissibility if they can demonstrate that their denial of admission would cause extreme hardship to an immediate family member who is a U.S. citizen or permanent resident.

This form is part of the immigration process and must be submitted along with other applications, depending on the applicant's situation.

Form I-212, or "Application to Reapply for Admission to the United States After Deportation or Removal," is used to request permission to re-enter the U.S. after being deported or removed. It is intended for people who:

 

  • They have been deported or removed from the U.S. and wish to re-enter.
  • They serve the prohibition period that applies after deportation, which may vary depending on the circumstances (for example, a period of 5, 10, or 20 years).

 

The I-212 application must be filed before attempting to re-enter the U.S. and must demonstrate valid reasons for allowing entry, such as family ties or humanitarian reasons.

Humanitarian Parole (Cuba, Haiti, Nicaragua, Venezuela, Ukraine)

Form I-134A, "Application for Humanitarian Parole," is used by U.S. citizens and lawful permanent residents to request temporary entry for certain individuals in urgent humanitarian situations. This program allows individuals who are ineligible for other forms of immigration to enter the U.S. temporarily for emergency reasons.

 

Beneficiaries typically include:

 

  • Individuals in crisis situations: People facing serious threats, such as violence, persecution, or natural disasters in their home country.

 

  • Family members of U.S. citizens or permanent residents: Those who have family ties and need immediate protection.

 

The process involves the sponsor (citizen or resident) submitting an application and demonstrating that they can provide financial support and assistance to the individual during their stay in the U.S.

Renewal and Replacement of Documents

Form I-90, "Application to Replace Permanent Resident Card (Green Card)," is used to apply for a replacement permanent resident card in several situations, such as:

 

  • Lost, stolen or destroyed card: If the permanent resident card has been lost or damaged.

 

  • Incorrect information: If there are errors on the card, such as a misspelled name or an incorrect date of birth.

 

  • Name change: If the permanent resident has legally changed his or her name and wants it reflected on the card.

 

  • Expired card: If your permanent resident card is about to expire or has already expired.

Removal of Condition

Form I-751, "Petition to Remove Conditions on Residence," is used by individuals who obtained permanent residence through a marriage that occurred less than two years before receiving a green card. This form is required to remove the conditions on residence and obtain an indefinite permanent resident card.

 

It generally occurs in the following situations:

 

  • Conditional Permanent Residents: Those who received a conditional green card due to marriage to a U.S. citizen or permanent resident.

 

  • Genuine marriage: The applicant must demonstrate that the marriage was authentic and not merely for the purpose of obtaining immigration benefits.

 

  • Joint Applicants: Typically, the form is filed jointly with the spouse, although there are exceptions if the spouse is deceased, if abuse occurred, or if the marriage has been annulled.

 

The I-751 must be filed within 90 days before the conditional green card expires.

Appeals and Motions to Reopen and Reconsider

Form I-290B, "Notice of Appeal or Request for Review," is used to appeal certain immigration decisions by U.S. Citizenship and Immigration Services (USCIS). This form is for individuals who have received an adverse decision related to:

 

  • Immigration Petitions: Such as adjustment of status applications, visa petitions, or asylum applications.

 

  • Rejection decisions: If your application was rejected and you believe the decision was incorrect.

 

  • Other USCIS processes: Any decision that may be appealed or reviewed under USCIS regulations.

Consular Processes

Form I-290B, "Notice of Appeal or Request for Review," is used to appeal certain immigration decisions by U.S. Citizenship and Immigration Services (USCIS). This form is for individuals who have received an adverse decision related to:

 

  • Immigration Petitions: Such as adjustment of status applications, visa petitions, or asylum applications.

 

  • Rejection decisions: If your application was rejected and you believe the decision was incorrect.

 

  • Other USCIS processes: Any decision that may be appealed or reviewed under USCIS regulations.

Visa T

The T visa is a type of nonimmigrant visa in the U.S. intended for victims of human trafficking who have suffered abuse and who assist authorities in the investigation or prosecution of human trafficking-related cases. Here is some key information about the T visa:

 

T Visa Eligibility

 

  • Being a victim of human trafficking: You must have been subjected to human trafficking, whether for sexual or labor exploitation.

 

  • Cooperation with the law: You must have cooperated or be willing to cooperate with authorities in the investigation or prosecution of human trafficking.

 

  • Suffering: You must prove that you have suffered physical or mental harm as a result of trafficking.

 

  • Inadmissibility: You must meet the inadmissibility requirements. If you have reasons that would make you inadmissible, you can request a waiver.

 

Benefits of the T Visa

 

  • Temporary residence: Allows victims to legally reside in the U.S. for up to four years.

 

  • Access to resources: Possibility of accessing health services, legal support, and other resources.

 

  • Path to permanent residence: After three years on a T visa, you can apply for permanent residence (Green Card) if you meet certain requirements.

 

Application Process

 

  • Complete Form I-914: You must submit the application for a T visa, along with supporting documentation.

 

  • Supporting documentation: This includes evidence of trafficking, evidence of cooperation, and evidence of harm suffered.

 

  • Interview: An interview with an immigration official may be required.

FOIA

The FOIA (Freedom of Information Act) is a U.S. law that allows anyone to request access to federal government records and documents. This law applies to all federal agencies, including those that handle immigration matters.

 

Who is FOIA for?

 

  • Anyone: Any U.S. citizen or foreign national can file a FOIA request to access government documents, without needing to demonstrate a particular interest in the information.

 

  • Immigration Applicants: Those who have applied for visas, asylum, or any other immigration benefit can use the FOIA to obtain information about their case, such as interview records, decisions, and other related documents.

 

  • Researchers and journalists: These groups often use FOIA to obtain information about government actions, public policies, and other topics of interest.

 

What type of information can be requested?

 

  • Immigration and naturalization records.
  • Documents related to asylum and visa processes.
  • Internal communications of agencies.

 

Application Process

 

  • Presentation: Applications can be submitted in writing, by mail, or through online forms, depending on the agency.

 

  • Specificity: It is advisable to be specific in the request to facilitate the search for documents.

 

  • Deadlines: Agencies must respond within a reasonable timeframe, although delays may occur.
  • Marriages
  • Notarizations
  • Translations
  • Changes of direction
  • Affidavits and sworn statements

 

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Temporary Visas

Temporary Migration

The U.S. issues millions of temporary visas annually, for work, tourism, study, and other purposes.
In 2022, more than 9 million nonimmigrant visas were granted, with H-1B (specialty work) and H-2A (agricultural work) being the most common labor categories.