Immigration FAQs
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What is considered by the USCIS When Granting An Individual Immigration Status?
There are a number of factors taken into consideration by the USCIS when granting an individual's immigration status. This includes if the applicant has an immediate relative who is a U.S. citizen or a lawful permanent resident, or if they have an opportunity for permanent employment in the U.S., and if that opportunity fits within the five eligible employment categories. This also includes whether the applicant will be making a capital investment in the U.S. that meets certain dollar thresholds, and if that investment will create or save a certain number of jobs. Additionally, if the applicant fears persecution based on their race, religion, political view, or membership with a certain group of their country, they may qualify for refugee status.
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What Does the Deportation Process Entail?
Deportation begins when The Bureau of Immigration and Customs Enforcement issues a Notice to Appear, which includes the reason why the individual should be deported. This notice is served to the individual and filed with the immigration court. A hearing will be scheduled, and a judge will determine if the information in the notice is valid, and the individual will be deported if it is. Deportation occurs when an individual is suspected to have violated certain immigration or criminal laws. Usually when an individual is deported, they will be prohibited from coming back to the U.S.
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Can Deportation Be Appealed?
Yes, but the individual will only have 30 days to appeal the deportation. They must appeal the deportation to the Board of Immigration, who can then make their decision, and if they decide against the individual, the alien can then appeal their matter to the U.S. Court of Appeals. If the Court of Appeals decides against the individual as well, they can then present their appeal to the U.S. Supreme Court.
