Immigration Frequently Asked Questions

What is an H-1B Classification?

An H-1B visa is a nonimmigrant visa that allows U.S. employers to employ foreign workers temporarily in specialized fields that normally require a bachelor’s degree or higher.

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What is an Affidavit of Support?

In addition to filing an I-130 form, a sponsor for a relative’s immigration must file an Affidavit of Support. This form (Form I- 864) asks for the sponsors employment and income information as proof of the sponsors ability to provide for their relative should they be allowed permanent resident status into the United States. This form is intended to prove that new immigrants will have adequate means of financial support and will not be reliant on public benefits. If the new immigrant does receive certain public benefits, it will be the sponsor who is held responsible for repayment of those funds to that agency.

If I am an H-1B alien, is permanent immigration to the U.S. possible?

In order to visit the United States, each applicant must fill out their own application for a visitor visa. Each applicant must complete and sign the application, show evidence that they intend to return to their home country, and clear standard security procedures.

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I Am A Permanent Resident Of The United States May I Help A Relative Become A Lawful Permanent Resident?

Yes! Permanent residents of the US can help a relative become a lawful permanent citizen by becoming their sponsor. Sponsors must prove that they earn enough income or have assets to support their relative. Permanent Residents may begin this process by filing Form I-130, a Petition for Alien Relative. Permanent residents are able to file petitions for their spouses and for any unmarried children they may have, regardless of the children’s ages.

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Will I Be Able to Enter the United States After Receiving My Visa?

A visa does not guarantee entry into the United States. Rather, visas allow foreign citizens to visit travel to U.S. ports of entry and request permission from a Department of Homeland Security Customs and Border Protection inspector to enter the United States.

How Can An Immigrant Who Wants To Obtain Legal Status Avoid Being Taken Advantage Of By An Immigration Service Provider?

Unless they are a licensed attorney, anyone wishing to provide legal advice regarding immigration forms, explain immigration options, or communicate with the USCIS about your case must be accredited by the Department of Justice’s Board of Immigration Appeals (BIA). Check the BIA website for a list of accredited providers.
Individuals seeking immigration advice should keep in mind that in other countries, the word “notario” means that the individual is an attorney. This is not true in the United States.  “Notarios”, or notary publics, immigration consultants, and businesses cannot give you immigration advice unless they are accredited by the BIA.

Who is protected under the Immigration and Nationality Act?

United States citizens, permanent residents, temporary residents, individuals granted asylum, and US nationals are all protected under the Immigration and Nationality Act.

Who Is Eligible To Apply For Asylum?

All individuals who have already arrived or are arriving in the United States are eligible to apply for asylum, regardless of their immigration status, whether they are in the United States legally or illegally. Individuals must go to a Service Center complete an Application for Asylum and for Withholding of Removal (Form I-589) and file it within one year of entering the United States.

What is Asylum?

If a foreign individual is already in the United States and unwilling or unable to return to their home country for fear of their own personal safety and of facing persecution, the U.S may grant the individual asylum status. The individual must prove that the persecution they face in their home country is based on their race, political opinion, nationality, religion, or membership in a certain social group. Asylum status grants the individual the right to live and work in the United States indefinitely. After 1 year of living as an asylee, the individual can apply for permanent resident status.

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