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• Overstaying on a non-immigrant visa will result in your existing non-immigrant visa being automatically cancelled
• Overstaying on a non-immigrant visa is a violation of the U.S. immigration law which could possibly trigger you being placed in removal/deportation proceedings.
• Overstaying on a non-immigrant visa can prevent you in some circumstances from applying for a green card within the U.S. through a process called adjustment of status
• Overstaying on a non-immigrant visa by 180 days or more and departing the U.S. and attempting to re-enter the U.S. will trigger the unlawful presence inadmissibility bar which will prevent your re-entry into the U.S. for either 3 or 10 years unless you are granted a waiver.

Contact an experienced immigration lawyer like Attorney Hinkson so you can discuss if if you are eligible to obtain legal status in the U.S. or need to obtain a waiver (if eligible) prior to departing and re-entering the U.S.

When you are “inadmissible,” you are not able to receive a visa or obtain immigration benefits you might have otherwise qualified for. Inadmissibility can be triggered by one of many ways.

You may be considered inadmissible because of:

• You previously spent too much time in the U.S. without valid status (also known as accruing “unlawful presence”)
• You were previously removed or deported from the U.S.
• You are likely to become a "public charge" to the U.S. government.
• Your entry into the U.S. presents health or national security concerns
• You have a disqualifying criminal record

Applying for U.S. citizenship (“naturalization”) isn’t always as simple as it seems. Before granting you citizenship, U.S. Citizenship and Immigration Services (USCIS) looks at your current situation and a lot of things that happened in your past. Some of those things can delay or even prevent you from getting citizenship unless you understand how to explain them to USCIS.

 

The time to hire the lawyer is before you apply. Don’t wait until you’ve spent the money applying only to find out you’re not eligible for citizenship.

 

An attorney’s role in a naturalization application is more about spotting issues that could cause the application to be denied (and your filing fees lost), or more serious issues that could put your legal status in jeopardy.

 

You must submit an I-589 form to apply for asylum. If you are in removal proceedings, meaning that you have a hearing with an Immigration Judge scheduled, your asylum application must be submitted to the Immigration Court. If you are not in removal proceedings the application must be submitted to USCIS. In most cases, an asylum application must be filed within one year of your date of entry to the United States. A successful application must show the applicant fears persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group. Asylum cases tend to be very complex and require extensive evidence. It is recommended to contact an attorney before filing an application due to how complicated these cases are.

 

A Notice to Appear (NTA) is a charging document issued by the U.S. Department of Homeland Security to begin removal (deportation) proceedings against an individual physically present in the U.S. and allegedly in violation of U.S. immigration law. The NTA is an important document for two reasons. First, it serves as formal notice that an individual is being placed in removal (deportation) proceedings. Second, it contains a number of allegations by the U.S. government
against the individual being placed in removal proceedings.

Few immigration processes are fast, and USCIS is not exactly known for its efficiency. Though steps can be taken to expedite applications in some limited situations, even the best-case scenario will require months of waiting. The extent of your wait will depend on how you are trying to get your green card. If you are applying through family immigration as an immediate relative, the process may only take about a year, as an unlimited number of visas are available. If you are applying as a family preference relative, however, you will need to deal with annual visa caps and may be waiting for several years or more. If granted asylum, asylees and refugees must wait one year after receiving their status to request their immigrant visa (green card).

Unless you are exempt, generally, to become a U.S. citizen, you will need to pass a naturalization exam conducted by a USCIS official. This test is taken at your scheduled naturalization interview. The test consists of two parts: The first part tests your ability to read, write, and speak in English, while the second part assesses your knowledge of U.S. history and government.

 

The English portion requires you to complete your USCIS interview in English, read a presented sentences, and write down a sentence that will be spoken aloud.

 

The history and government portion requires you to correctly answer six of ten questions. These questions come from a pool of 100 that you can study in advance. Though it may sound scary, the test is not particularly difficult, and you will get a second try if you do not pass the first time. Exemptions are also available for certain applicants with disabilities and older lawful permanent residents who have lived in the U.S. for many years.