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Immigration FAQs

Immigration

FAQ's

  1. What is the basic law that governs immigration?

Answer:

The federal Immigration and Nationality Act provides the basis for U.S. immigration law.

  1. What are some factors that are considered by the U.S. Citizenship and Immigration Services (USCIS) in granting an individual immigration status?

Answer:

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.

  1. Under what circumstance will a foreign fiance(e), who has been admitted into the U.S. for the purpose of getting married, be required to leave the U.S.

Answer:

If the marriage to the U.S. citizen who filed the petition to permit the fiance(e) into the U.S. does not take place within 90 days of entering the U.S., the fiance(e) will be required to leave the country.

  1. Under what circumstance will a foreign spouse's permanent resident status in the U.S. be conditional?

Answer:

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.

  1. What is the basis for being deported? What are the consequences of deportation?

Answer:

Deportation (or removal) occurs when an alien is found to have violated certain immigration or criminal laws, consequences being that the alien forfeits his or her right to remain in the U.S., and is usually barred from returning.

Stephen Griebel has been practicing law since 1990. He is a graduate of Indiana University, Bloomington and University of Michigan School of Law.

If you have questions about immigration or naturalization, call our offices and ask for Steve or his assistant, Jessica.

Attorneys

Generally

Most Americans were once Immigrants. Currently the United States has millions of people who, like their ancestors, came here for family, work long hours in low-paying, undesirable jobs, pay taxes, and stay out of trouble. They often are unable to become permanent residents or citizens because navigating the immigration bureaucracy is increasingly slow, confusing and expensive.

Our attorneys offer legal solutions for all types of problems and all kinds of people. This includes current citizens who want to help family members come here or want to sponsor foreign nationals to work here. There are those who are permanent residents who want to become citizens. There are also those who may be here without proper documentation who need to adjust their status, sometimes to prevent hardship to spouses and children who are U.S. Citizens.

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The materials and information on this web site are made available by Van Gilder & Trzynka, P.C. for informational purposes only and should not be considered legal advice. The transmission and receipt of information on the web site do not form or constitute an attorney-client relationship. This includes, but is not limited to, using the link on this web site to solicit information from Van Gilder & Trzynka, P.C. Persons accessing the information on this web site should not act upon the information provided without seeking profession legal counsel.

Van Gilder & Trzynka, P C, Attorneys, Fort Wayne, IN
Practice Areas
Who We Serve

Van Gilder & Trzynka, with offices in Fort Wayne and New Haven, serves clients in Allen County, Whitley County, DeKalb County, Adams County, Wells County, Noble County, Huntington County, Steuben County and LaGrange County which includes Huntington, Bluffton, Auburn, Angola, Columbia City, Kendallville, Albion, Churubusco, Huntertown, Woodburn, Ossian, Butler and Ligonier, Indiana (IN).