IMMIGRATION SERVICES

Asylum policies

Asylum policy may change the eligibility criteria for political asylum and the procedures for processing asylum applications.

ASYLUM

What is asylum?

Asylum is a legal protection granted by the United States government to people who have suffered persecution or have a well-founded fear of persecution in their home country due to their race, religion, nationality, membership in a particular social group, or political opinions.

Motivations:

  • Race.
  • Religion
  • Nationality.
  • Political opinion.
  • Belonging to a specific social group
work permit

Once asylum is filed, 150 days must pass before applying for a work permit. It's important that the case remains active and without delays attributable to the applicant so the process continues smoothly.

Asylees may receive certain social, medical, and economic assistance programs.

After one year of receiving asylum, the beneficiary can apply for permanent residence (Green Card) and, subsequently, citizenship.

Presence in the United States: The application must be submitted while physically present in the country or at a port of entry.

Legal Basis: The applicant must demonstrate that his or her persecution is based on one of the five grounds protected by law.

Time limit: The application must be submitted within the first year of entering the country, unless there are exceptional circumstances.

Evidence and proof: Evidence must be presented to support the allegations of persecution, such as testimonies, human rights reports, or personal documentation.        

WORK PERMIT RENEWAL

The work permit in the United States, officially known as Employment Authorization Document (EAD), is a card issued by the United States Citizenship and Immigration Services (USCIS) that allows people to work legally in the country. This document is required for foreigners who do not automatically have the right to work in the United States, as do citizens, permanent residents (green card holders), or some visa categories.

Main features of the work permit
  1. Physical fitness: It is a plastic ID card with a photo of the holder, their name, authorization category, and validity dates.
  2. Limited duration: Generally, the permit is valid for a specific period, depending on the applicant's immigration status. It can be renewed or extended in some cases.
  3. Link to immigration status: Eligibility for an EAD depends on the type of visa or application the foreign national is currently applying for.

The EAD is available to certain categories of people, such as:

  1. Political asylum seekers or refugees.
  2. People with temporary visas, such as the student visa (F-1) that allows work under certain conditions.
  3. Family members of certain nonimmigrant visa holders (H-4, L-2, etc.).
  4. Individuals with pending applications for adjustment of status (Form I-485) to obtain permanent residence.
  5. Beneficiaries of humanitarian programs, such as Temporary Protected Status (TPS).
  • Access to legal jobs: Allows you to work in any job authorized by law in the U.S.
  • Social Security Number (SSN): Upon obtaining an EAD, you can apply for a Social Security number, which is necessary for working and paying taxes.
  • Labor protection: The basic rights of every worker in the country are guaranteed.

The family request It is an immigration process in the United States that allows U.S. citizens or legal permanent residents (green card holders) to request that certain family members immigrate to the country and obtain an immigrant visa or adjustment of status, with the goal of living and working permanently in the U.S.

Process Fundamentals
  1. Main form: The process begins with the presentation of the Form I-130 (Petition for Alien Relative) with the United States Citizenship and Immigration Services (USCIS).
  2. Verifiable relationship: The petitioner must demonstrate that there is a valid family relationship with the beneficiary (the foreign relative).
  3. Priority and categories: Petition eligibility and waiting times depend on the type of family relationship and the petitioner's status.
U.S. citizens may apply to:
  1. Immediate family members (no limit on visas available):
    • Spouse.
    • Unmarried children under 21 years of age.
    • Parents (petitioner must be at least 21 years old).
  2. Family members in preferential categories (with annual visa limit):
    • Unmarried children over 21 years of age.
    • Married children (of any age).
    • Siblings (petitioner must be at least 21 years old).
Legal permanent residents may apply to:
  1. Spouse.
  2. Unmarried children under 21 years of age.
  3. Unmarried children over 21 years of age.
  • Facilitates family reunification.
  • Provides a legal path to permanent residence (Green Card).
  • It allows family members to obtain additional immigration benefits, such as authorization to work or study.

The status adjustment It is a legal process in the United States that allows certain foreigners who are already physically present in the country to change their immigration status to that of legal permanent resident (obtain a Green Card) without leaving the United States. It is an alternative to the consular process, which requires the applicant to apply for their visa at a U.S. embassy or consulate abroad.

Who can apply for adjustment of status?

Adjustment of status is available to individuals who meet certain requirements, including:

  1. Immediate relatives of U.S. citizens:
    • Spouse.
    • Unmarried children under 21 years of age.
    • Parents of U.S. citizens over the age of 21.
  2. People with family or employment visas should check the categories to which they can apply.
    • If the corresponding visa is available in the visa bulletin.
  3. Beneficiaries of certain humanitarian programs:
    • Asylum seekers, refugees, U Visa recipients, or Temporary Protected Status (TPS) holders, among others.
  4. Diversity Visa Lottery Winners (Visa Lottery).
  5. People eligible under special programs

For example, under the LIFE Act or specific immigration programs.

  1. Physical presence in the United States: The applicant must be within the country at the time of submitting the application.
  2. Admissibility: The person must have entered the country legally (with a visa or permit). Some exceptions exist for certain programs or beneficiaries.
  3. Visa available: For most categories, an immigrant visa must be available at the time of application, according to the visa bulletin.
  1. Not be in deportation proceedings: Generally, the applicant should not be subject to removal proceedings unless the case is closed or adjusted as part of such proceedings.
  1. Submit the Form: This is the main form for adjustment of status, accompanied by evidence and payment of fees (or a request for a fee waiver, if applicable).
  2. Underlying request: Adjustment of status is usually based on a previously approved petition (such as Form I-130 for relatives or I-140 for employment).
  3. Biometric tests: The applicant must attend an appointment to provide fingerprints, photos, and signature.
  4. Interview: In most cases, USCIS schedules an interview to verify the applicant's eligibility.
  5. Approval or denial: If approved, the applicant receives their permanent resident card. If denied, there may be options to appeal or file a motion.
  1. Stay in the U.S.: The applicant does not need to leave the country to complete the process.
  2. Work authorization: A work permit (Form I-765) may be applied for while the adjustment is pending.
  3. Traveling outside the U.S.: You can request travel permission (advance parole) during the process.
  4. Path to Citizenship: After obtaining a Green Card, the holder can apply for citizenship after meeting the requirements.
  • Individuals who entered the country without authorization or remained in the country undocumented may not be eligible, with some exceptions (for example, spouses of U.S. citizens or beneficiaries of Act 245(i)).

The process can be lengthy, especially if there are delays in visa availability or processing by USCIS.

The VAWA (Violence Against Women Act) visa is an immigration program in the United States that allows victims of domestic violence or abuse by a U.S. citizen or legal resident to obtain permanent residence (Green Card) independently of the abuser. This program, also known as VAWA self-petition, allows victims to apply for residency without the knowledge or consent of the abuser. 

Benefits of the VAWA visa
  • Permanent residence:

It allows the victim to obtain a Green Card, which grants them the right to live and work legally in the United States. 

  • Independence from the abuser:

The victim can apply for residency without the abuser's participation or consent, providing greater protection and security. 

  • Possibility of accessing support services:

The VAWA visa can facilitate access to social and legal services for victims of domestic violence. 

  • Specific requirements:

To qualify for a VAWA visa, the victim must demonstrate that they are or were victims of abuse or extreme cruelty at the hands of a citizen or legal resident family member. 

  1. Demonstrate eligibility:

The victim must demonstrate that they meet the VAWA visa eligibility requirements, including their relationship to the abuser and the fact that they were a victim of abuse. 

  1. Submit the self-petition:

The victim must file a self-petition, which is similar to a family immigration application, but with some additional requirements. 

  1. Obtaining a work permit (EAD):

Once the self-petition is approved, the victim can apply for an Employment Authorization Document (EAD), which allows them to work legally in the United States. 

  1. Apply for permanent residence:

Once the victim has obtained the EAD and meets the additional requirements, they can apply for permanent residence (Green Card). 

Important: Due to the complexity of the process, victims of domestic violence are encouraged to consult with an immigration attorney experienced in VAWA for legal advice and to ensure their case is processed correctly. 

The change of jurisdiction in the United States Refers to the legal process by which a case is transferred from one court or venue to another. This can occur for a variety of reasons, depending on the legal context, and is a common procedure in both civil and criminal cases.

Importance of the change of jurisdiction:

Ensures that the legal process is fair, efficient, and conducted in an appropriate court. If you need specific information on how to request a change in a particular case, I can help you understand the detailed steps.

Common reasons for a change of jurisdiction
  1. Inconvenience of the original location: If the location where the case was presented is not convenient for the parties or witnesses, the court may consider a change.
  2. Impartiality: In criminal or civil cases, if there is a risk that a trial will not be fair due to bias in the local community, the case may be transferred to another jurisdiction.
  3. Lack of competence: If the original court does not have legal jurisdiction over the matter or the parties involved, the case must be transferred to a court that does.
  4. Relationship with other causes: If there are other related cases in a different jurisdiction, a transfer may be requested to consolidate the legal actions.
  • Criminal cases: A defendant may request that his or her trial be moved to another county if he or she believes he or she will not receive a fair trial due to negative publicity or local bias.
  • Civil cases: In a car accident lawsuit, the parties may request that the case be moved to the location where the accident occurred or where key witnesses reside.
  • Migration: In some immigration cases, such as asylum applications, proceedings may be transferred between immigration courts due to changes in the applicant's residence.
  1. Submission of a motion: The interested party must file a motion with the court explaining the reasons for requesting a change of venue.
  2. Audience: The judge will assess whether the arguments are sufficient to justify the change.
  3. Decision: The court will approve or deny the request based on the merits of the case.

The U Visa It is a type of nonimmigrant visa in the United States designed to protect victims of certain crimes who have suffered substantial physical or mental abuse and who are willing to cooperate with authorities in the investigation or prosecution of the crime.

Main requirements to obtain a U visa
  1. Being the victim of a qualified crime: The person must have suffered a crime that is included in the list of crimes stated by the Trafficking and Violence Victims Protection Act (TVPA)
  2. Having suffered substantial abuse: The applicant must demonstrate that the crime caused significant physical or emotional harm.
  3. Cooperate with the authorities: It is necessary to demonstrate that the victim is assisting, has assisted, or is willing to assist in the investigation or prosecution of the crime.
  4. The crime must have occurred in the U.S. or have violated the laws of the United States.
  5. Certification of collaboration: It requires the Form I-918B, which must be signed by a competent authority (police, prosecutor, judge, etc.) as proof that the victim is cooperating.

The list includes, but is not limited to:

  • Domestic violence.
  • Sexual abuse.
  • Kidnapping.
  • Human trafficking.
  • Extortion.
  • Persecution.
  • Rape.
  • Aggravated assault.
  • Involuntary slavery.
  • Marital fraud.

Other related crimes involving physical or emotional abuse.

  1. Work permit: U visa holders can legally work in the United States.
  2. Permanent residence: After three years with a U Visa, the holder can apply for permanent residence (Green Card).
  3. Protection against deportation: Approved applicants cannot be deported while in the program.
  4. Benefits for family members: Depending on the relationship and circumstances, certain family members (such as spouses, children, and in some cases, parents or siblings) may also qualify for U Visa benefits.
  5. Access to certain social and assistance programs: This may include medical or psychological support.
  1. File Form I-918: This form is completed and submitted to USCIS along with the required evidence.
  2. Certification of Cooperation (Form I-918B): It must be issued by an authority responsible for investigating or prosecuting the crime.
  3. Evidence: Include evidence of the crime, the damage suffered, and your willingness to cooperate.
  4. Waiting time: The process can take years due to the annual limit of 10,000 U visas. However, eligible applicants may receive a deferred status while they wait.
  • Confidentiality: The information provided by applicants is protected by law, ensuring that it cannot be used against them in immigration proceedings.
  • Annual limit: Only 10,000 U visas are approved each year, but immediate family members do not count toward this limit.
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