Immigration status is one of the most primary issues one has to deal with when they are the immigrants on the U.S. soil. And, this is why one needs to comprehend the various types of Immigration Statues in detail. The immigration law involves a lot of complexities, court rulings and regulations which seem to be always changing until the individual receives their citizenship, which can potentially take years. Immigration Status applies to the individuals present in the United States of America. Every individual setting foot on the American soil, who is not a U.S. citizen has an immigration status or a non-immigration status. So technically everyone has their immigration statutes.
There are four kinds of immigration statuses in the U.S. A criminal conviction can complicate any immigration proceeding; hence it is pertinent to apply the concepts of immigration statues will help in making all the difference in the immigration petition. The nature of certain criminal activities also play a significant part, and one needs to understand the implications very clearly, from point to point.
The people born in the U.S. soil are the citizens of the country, even if they stay or was raised in an else country. If either of the parents were a citizen of the country, while the individual was born, then the individual is also a citizen of the United States. A citizen of the United States of America has the right to live in the country, work legally in the country, vote during the elections in the country, is entitled to several federal benefits like local services and educational loans.
Even the individuals "naturalised" after three or five years of permanent residency are also the citizens of the State. And, by law, they cannot be deported back to their home country or forced to leave the country, unless there are also pretences involved in obtaining citizenship. Additionally, a citizen of the State can file a petition for the legal status of the spouse, parents, siblings or child.
Individuals who have Legal Permanent Residents or LPRs have a green card. Any person who is a Lawful Permanent Resident or is a green card holder has the authorisation to live and work in the United States of America, permanently, according to the law. Once an individual is granted permanent residency, as a proof of status, the individual is entitled to a Permanent Resident Card or a Green Card. There are several ways in which one can become a Permanent Resident of the United States of America.
In most cases, a family member of the individual who is a permanent resident of the country sponsors for it, or the employer of the individual, who is on a work visa, in the United States. In other cases, individuals acquire their permanent residents' card or the green card through refugee or political asylum status, or other humanitarian programs. For instance, in which the spouse cannot file a petition or won't file an appeal, then the individual can present the same on their own.
Individuals who are married less than two years before they receive their Green Cards are the Conditional Residents. Under such type of residency, the individual and spouse need to file the petition jointly. Doing this will help in the removal of the condition within two years of receiving the Green Card. Otherwise the Green Card is ceased, and the holder of Conditional Residents' is likely to face deportation and deported back to their home country.
For an individual who wants to convert their conditional residence status into the permanent residence status, needs to submit a Petition to Remove the Conditions on Residence (Form- I751) with documents supporting along with the appropriate fee amount, before or up to 90 days before the conditional residence status expires. One has a three-month window to apply. Applying before 90 days is not helpful as the application will return to the individual. If the individual fails to file the appeal before the second anniversary, both, the conditional residency card and the status expire, leading to the deportation of the individual.
Individuals who fall under this section are the ones who are legally in the country, but temporarily or on temporary condition. Students with F-1 Visa, Business Visitors or tourists with B1/B2 Visa, fiancées with K-1 Visa, and the individuals who are granted temporary protected status or political asylum. Generally, the receivers of these Visas have no intention to immigrate. If the application of the individual is fraudulent, or the individual overstays or violates the terms of the Visa, then the legal status is converted to Undocumented. Therefore the likely scenario is that most of the undocumented immigrants, once came in the country legally, through proper documentation.
Individuals who are illegally in the country, or do not have permission to be in the country by the law are known as Undocumented. So, this means that they do not have permission to be on the U.S. soil. They do not have the authorisation to work in the country, let alone the privilege to local services or access to the benefits of the public like health care and driver's license. The undocumented individual is always at the risk of being deported. The proceedings for deportation against them can begin at any point in time. The individual living under such circumstances is always living under extraordinarily stressful and unstable living conditions.
To once again become documented, there are two procedures. First one is to the legal temporary visas, and the second one is to enter the country without going through the port of the country.
The immigration law has a lot of complexities involved in it. For any queries or doubts regarding the same, it is best to hire an immigration attorney for the best advice. They will also help you in going about the proceedings without causing or increasing any more stress. If you are asked to write an essay on the same you could hire cheap reliable essay writing service.
Feb 14, 2020