10 Frequently Asked Questions about immigration [Part 1]

10 Frequently Asked Questions about immigration [Part 1]

If you have any questions related to immigration in San Diego, California, call us today at (619) 746-8879

Anyone who is planning on immigrating to the United States probably has many questions about the process. Depending on your personal situation, immigration can be very easy or it can be very complicated. However, an immigration attorney will always be the best option for you if you decide to move forward with this very important step in your life.

Since we know that there are so many questions surrounding US immigration, we have decided to create a list of 10 frequently asked questions about this topic. However, consider that the answers we will give you are very general and should not be used as an individual piece of advice. To learn about specific steps you should take, please contact Kannan Law who will be able to guide you in San Diego, California with everything regarding your immigration process.

1. What visas are available to come to the United States?

If you are looking to visit the United States temporarily, there are more than 20 nonimmigrant visa types available, as the Department of State informs. The type of visa you need will depend on the purpose of your visit, which can be tourism, business, etc.

2. What should I do if my passport expired but my visa is still valid?

Sometimes it is common for your passport to expire while you still have a valid US visa stamped on it. However, you do not need to request a new visa for your new passport. You can enter the country with both passports, as long as the visa is valid. Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do this, the visa will no longer be valid.

3. What happens if my visa expires while I’m in the United States?

If the Department of Homeland Security, Customs and Border Protection Immigration Officer admitted you into the United States at the port-of-entry for a specific period of time, you will be able to stay legally in the territory for your authorized period of stay. The period is always noted on the admission stamp or paper Form I-94, which is called an Arrival/Departure Record.

If your visa expires while you are in the United States you will be authorized to stay during the period of stay that the officer granted you when you entered the country.

4. Why can’t I get my money back if my visa was denied?

The reason why you cannot get your money back if your US visa was denied is that the fee that you paid is an application fee. This covers the cost of processing your application and it is non-refundable, regardless of whether you were issued a visa or not.

5. What is the NACARA Law?

The NACARA law is a benefit that the United States gives to Salvadorans or Guatemalans who entered the country in the 90s and applied for political asylum or for TPS.

6. Do children also qualify for NACARA?

If you have been a beneficiary of the NACARA Act and you have a son or daughter who does not currently have legal status, they could qualify to regularize their status in the US. An immigration lawyer will need to analyze your specific case and determine if the child qualifies for NACARA.

7. Do I need an immigration attorney to appear before an immigration judge?

If you have your first appointment before an immigration judge and you decide to go without a lawyer, it is completely fine. The judge will give you more time to hire an immigration attorney to assist you and present your case.

8. What happens if I have an appointment with the immigration judge, but am I moving to another state?

If you need to move from the state you currently live in, it is still very important that you do not miss your appointment before the immigration judge. If you already have your new address, the judge will transfer your case to the nearest courthouse of your new home and you will be given the necessary time to hire an immigration lawyer before you appear in court.

9. I want to marry a US citizen but I am already married in my country, what should I do?

If you are still married, you need to get a divorce before remarrying in order to avoid bigamy, which is considered a crime in the United States.

10. What are the requirements for obtaining US citizenship in Spanish?

US citizenship is given to people who speak English and demonstrate that they can communicate in this language, as well as other requirements they need to meet. However, the United States Citizenship and Immigration Services, USCIS, said that certain people can be eligible to take the test in their own language if:

• They are 50 years old and they have been residents for 20 years;
• Or they are 55 years old and have been residents for 15 years.