Immigration is not an easy process. Between leaving behind one’s home country and trying to learn the customs and rules of the United States, it can seem overwhelming.
Immigration law has an extensive history, with the statutes compiled in the Immigration and Nationality Act. In order to help prospective immigrants understand the complex legal system that is the immigration process, Attorney at Law has compiled 5 tips for navigating the immigration path.
There are many paths to enter the United States. Each type of visa allows an alien to enter the nation and do certain things. Whether the visa is for temporary work, lawful permanent residence, or just transit, it is important to fully review the permissions of each visa as well as what kind of documentation is required to be submitted.
For example, if an applicant wants to travel through the United States as part of an international trip, they will need a transit visa. This will permit them to move continuously through the country but does not give them the authorization to engage in tourism within the United States. By contrast, some applicants may find that they are a member of the Visa Waiver Program, which will allow them to visit within the U.S. for up to 30 days.
The immigration process is rigorous in its examination of applicants. Before an individual can be admitted to the United States, they will be required to submit to health and criminal background checks. These health checks can include examinations for infectious diseases, vaccination records, or assessments of mental or physiological disorders.
If an individual has a criminal history, they may be found inadmissible to enter the United States. In order to determine whether a criminal charge or conviction will affect an applicant’s ability to enter the country, they should consult with an immigration attorney.
In some circumstances, a medical waiver may allow an applicant to bypass certain requirements under specific circumstances. There are three major categories of medical waiver: communicable disease waivers, vaccination waivers, and harmful behavior waivers.
If an applicant has a communicable disease, there are two ways that they can have that disqualifying factor waived: family or the Violence Against Women Act (VAWA). A family connection can allow the spouse, parent, unmarried child, or unmarried lawfully adopted child of a U.S. citizen, lawful permanent resident, or alien with a visa to acquire a medical waiver. Additionally, a U.S. citizen’s fiance and fiance’s child may also acquire a medical waiver to enter the United States even with a communicable disease. Alternatively, qualifying applicants under the VAWA may acquire a medical waiver to enter the United States with a communicable disease.
Vaccination waivers are designed to allow qualifying applicants to enter the United States despite lacking vaccinations. In order to qualify for this waiver, the applicant must claim religious beliefs or moral convictions. In order for the conviction to be held as legally legitimate it must meet three qualifications:
If these qualifications are met, the applicant may be considered for a vaccination waiver.
Finally, waivers can be acquired for applicants who are found to have a physical or mental disorder that does, has, or will pose a danger to the property, safety, or welfare of others.
In addition to a form I-601 waiver, applicants must also submit a complete medical history along with a report that details:
There may be more assurances required by the U.S. Public Health Service during the review process.
One of the most important parts of the immigration process, the immigration interview is a highly detailed examination of the applicant. In order to prepare for the interview, applicants should be prepared to answer any questions about family, criminal history, and medical history.
In addition to answering questions, applicants should bring documents that may be referenced or clarified. For more information about immigration interview tips, visit AAL’s 7 Immigration interview Do's and Don'ts.
If an applicant finds themselves in trouble with authorities, the way they respond can be crucial. First, it is not recommended that an individual resist apprehension. Even if an individual has not committed a crime, resisting apprehension may still be considered criminal and will not help the individual’s case.
If an individual is found to need to be deported, there are still options. If an individual opts for departure under safeguards, they will be able to leave the country voluntarily in exchange for avoiding the permanent penalties of deportation.
If you are seeking to become a U.S. citizen or lawful permanent resident, you will need an immigration attorney to help you navigate the complexities of immigration law. An experienced Immigration attorney can utilize their legal expertise, trial tactics, and expert witnesses to achieve the best possible outcome for your case.
By leveraging their experience with deportation cases and legal expertise, the right attorney can prevent you from being expelled from the country or keep you from disqualifying yourself from future immigration attempts. Additionally, a qualified immigration attorney can help you explore the many paths to citizenship or lawful permanent residence that may be available to you. The best place to find an Immigration attorney is with Attorney at Law.
At AAL, our nationwide network of attorneys can connect you with the best Immigration attorney in your area. Our partners have the experience needed to go toe to toe with the United States government and come out on top.
In addition to expert qualifications, our partners also excel in client care. We recognize the weight that immigration can place on your shoulders. That’s why our partner firms are selected for their compassionate service, replying quickly to any questions or concerns that you raise.
Don’t wait. Contact AAL today for a complimentary consultation and begin your journey to citizenship.