There are immigrants all across the world that want to come and live in the United States. However to do so, many start by obtaining a visa to live, work, or study here. While gaining a visa is a great first step for those looking to live in the U.S. full time, there are a number of legal issues that can put the legal status of their visa in jeopardy.
There are two ways for immigrants to get into the United States, lawfully or unlawfully. A lawful entry consists of applying for the proper visa and meeting all additional requirements while entering unlawfully is simply entering the U.S. without first obtaining a visa.
If you are found to have entered the country unlawfully, you may lose the ability to get a visa and even face removal to your country of origin.
Being Deemed Inadmissible
If an immigrant is deemed inadmissible, it simply means they are ineligible to receive a visa. Many individuals that have been named inadmissible are those that have already been removed or those who entered the country unlawfully. There are only five reasons why someone would be exempt from inadmissibility:
- They are a minor
- They are an asylee
- Reasons for family unity
- They are battered women and children
- They are a victim of human trafficking
If a foreign national seeks admission to the United States within five years, and has been removed twice, they are not allowed to seek admission again for twenty years.
For those who were living unlawfully in the United States for more than 180 days but less than a year, they are considered inadmissible for three years. If they have lived unlawfully in the United States for a year or more, they will be considered inadmissible within ten years of being removed.
Issues With Visa Extensions
Immigrants who have already obtained a visa, and wish to extend their residency by extending their visa, have the potential to run into a few issues. It is recommended that applicants file their extension request at least 45 days before their visa expires to make sure there is enough time for its review. If their visa expires, and they remain in-country, they are considered eligible for removal by the U.S. Citizenship and Immigration Services (USCIS).
To be eligible to apply for an extended stay on a visa, applicants must:
- Have been lawfully admitted with a nonimmigrant visa
- Have a valid nonimmigrant visa
- Have a valid passport that would remain valid for the duration of the extended stay
- Not have violated any terms of admission
- Not have committed any crimes that would deem them ineligible for a visa
How Yacub Law Offices Can Help
If you are looking to extend your stay in the United States, or even pursue a visa for the first time, the team at Yacub Law Offices has the experience you need to help you examine your options and develop the best strategy for you.
To find out more about how we can help you, contact us today through our website or give us a call at (703) 552-5051 to schedule a consultation!