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Immigration FAQs

What is the basic law that governs immigration?
The federal Immigration and Nationality Act provides the basis for U.S. immigration law.

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

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 fiance(e), who has been admitted into the U.S. for the purpose of getting married, be required to leave the U.S.?
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.

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

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

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