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Immigration

Moving from one country to another involves meeting certain requirements and obtaining the proper permissions. This category is for questions related to these requirements and processes.

5,726 Questions

How can you write a letter based on humanitarian basis?

If a person wishes to remain in the United States but has been notified of deportation, a humanitarian letter can help to alert immigration authorities of the dangers the person will face if returned home. Such a letter must include information about the specific nature of the threat, why this person might be harmed, and how the person will live if allowed to remain in the US.

If a woman married a US citizen can she go to the USA with a K3 visa before her husband files the petition?

Before he files WHAT petition? How did you receive the K3 if your husband didn't file and I-130 petition? Please review: http://www.dixonimmigration.com/index.php?pid=2

You are a permanent resident in us your Russian passport is about to expiar what should you do?

You should call the Russian Embasy in the US and tell them that. They will let you know how to renew it.

What is immigration law about?

Immigration law is essentially those aspects of federal law that govern the entry into one country of citizens from another country. Every country has laws that govern who may enter the country fom another one, what is required to be able to stay for extended periods of time and what is required to become a citizen and stay permanently. Immigration laws are usually fairly complex and many times it is unclear whether any particular immigration law has been violated or not. A government might take the position in a particular case that a person has violated immigration laws and should be deported. That person usually hires a lawyer experienced in immigration law to argue that such immigration laws have not been violated and the person not be deported.

Would an American be able to obtain a visa to live and work in any EU country with a British boyfriend or would they need to be engaged or married and have dual US-UK citizenship?

The American would have to obtain a work visa in the particular EU country of choice in order to work. The popular VISA WAIVER program only allows for a 3-month tourist (no work is allowed).

Once the American girlfriend obtains citizenship in an EU country (UK might be the best bet), then both she and boyfriend may live and work in any EU country without restriction.

If a person got the visiting visa and he was deported back to his country is he able to enter the USA again if his fiancee sponsors him?

It depends on how long ago the person was deported and the reason that s/he was deported. Deportation in and of itself carries a five year bar and if the person was an overstay or illegal entry, s/he may also have the ten year bar to overcome. The fiancee would have to file for a waiver(s) of the bar(s). If the person was deported for commiting a crime, then it may be impossible to bring her/him back to the States.

How can you get your birth certificate from Sudan?

An individual can obtain a birth certificate in Sudan from the Embassy of the Republic of the Sudan. A request can also be made to the Embassy office in Washington, D.C.

What should the US do to increase legal immigration?

Vote Democrat.

But seriously, Bush's temporary worker visa was actually a good idea to prevent a lot of illegal crossings. Legalization of [some] drugs would also help to reduce illegal crossings run by Mexican cartels.

Essentially, create legal channels allowing people to immigrate with sufficient security checks to prevent undesirables (such as terrorists).

You enter on c1d visa and overstay for 7 years if you go back will you be able to come back if your wife going back in your country with you?

It wont matter if your spouse came with you to reapply you back, theyll say no. Best thing to do is after 5 years of being out of the country, go to an American embassy and petition the government to let you back in. I know this because my husband overstayed his crewman visa for 5 years and now my husband is back in his country. By the year 2014, we will put in a petition. 5 years will pass by the time we apply. I do however visit my husband once a year. We also have a child, but due to the currency difference, also language, I stay in the U.S.. Wish you the best of luck.

How does preceptions and characteristics of geographic regions in the U.S have changed over time regarding wilderness and conservation?

A positive effect is the the surplus budget that the United States gets every year. The economic uprise is tremendous. According to studies from Harvard and others, the United States gains more than $ 10 billion dollars a year just from immigrants. Not counting the huge amount of revenues that are never claimed by illegal workers. Also the United States is becoming more advanced and leaving the basic behind. There are scarcely few Americans who want to do low jobs like janitor,garbage truck,etc. In the other hand those jobs are becoming more needed because there are scarce people to do it. That's when immigrants come to the picture, they are willing to do it and work hard for it.

When was the American Immigration Lawyers Association founded?

The American Immigration Lawyers Association was first founded in October 1946. It is a voluntary association for professors who teach immigration law.

Can a naturalized citizen be deported?

can a natrualized be deported in usa??

NO, it would be a violation of your U.S. Constituitonal right. However, they can strip U.S. citizenship and deport if these events occurs.....

Involuntarily Losing Your US Citizenship (Denaturalization)

Both the State Department and the USCIS have specfic laws and regulations they must follow in determining whether someone's US citizenship should be taken away.

1. Convicted For An Act Of Treason Against The United States

Treason is a serious crime, and the Constitution defines the requirements for convicting someone of treason. Treason is waging a violent war against the United States in cooperation with a foreign country or any organized group. It includes assisting or aiding any foreign country or organization in taking over or destroying this country including abolishing the Constitution. Treason also consists of attempting by overt acts to overthrow the US government or of betraying our government into the hands of a foreign power. If you are caught and convicted of treason, you can pretty much count on losing your US citizenship as well as serving lots of jail time.

2. Holding A Policy Level Position In A Foreign Country

If you become an elected official or hold a policy-level position (like an ambassador, cabinet minister, or any high level administrative position where you make government policy) in your native country or a foreign country, you run the risk of losing your US citizenship. On the other hand, if you hold a non-policy level job like working in your native country's embassy or working for your native country's government in an advisory or purely administrative capacity, you run little risk of jeopardizing your US citizenship. For further information, see the State Department's circular: ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND SEEKING PUBLIC OFFICE IN A FOREIGN STATE.

3. Serving In Your Native Country's Armed Forces If That Country Is Engaged In Hostilities Or At War With The United States

If your native country is engaged in hostile actions or is at war with America you need to be extremely careful. The US government will attempt to take away your US citizenship if they find out you are either aiding or serving in your native country's armed forces in any capacity. Alternatively, the US government could try to nail you with a treason conviction and then strip you of your US citizenship.

4. Serving In Your Native Country's Armed Forces As An Officer Or A Non-Commissioned Officer

If your native country is not at war with or engaged in hostilities towards the US, then serving in your native country's armed forces is OK as long as you are not an officer or non-commissioned officer (usually the rank of sergeant or above). Serving as a civilian worker in your native country's armed forces, or serving as an enlisted man or women are generally acceptable. For further information, see the State Department's circular: ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND FOREIGN MILITARY SERVICE.

The State Department has set several administrative guidelines for dual citizens to follow in order to avoid losing their US citizenship ( ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND DUAL NATIONALITY ). The four reasons for losing US citizenship cited above were taken from these guidelines. We strongly suggest that you carefully review these guidelines if you are planning on maintaining dual citizenship. As you review the guidelines keep in mind that the State Department is primarily referring to native-born US citizens who become dual citizens by being naturalized in another foreign country. The guidelines are also applicable to naturalized US citizens who maintain their original citizenship.

5. Lying To The USCIS During The Naturalization Process

If you deliberately withheld information from or misrepresented information given to the USCIS or INS when filing your N-400, the USCIS may cancel your Certificate of Naturalization and revoke your US citizenship. This includes withholding information and misrepresenting yourself during your naturalization interview or oath ceremony. If your Certificate of Naturalization is cancelled and your US citizenship revoked, you may also find yourself facing criminal prosecution as well as deportation proceedings.

For example, if you lived outside the country for four months and deliberately omitted this absence from your N-400 and the USCIS finds out about it after you're naturalized, they could move to have your Certificate of Naturalization cancelled. All they would need to show is that your absence would have disqualifed you from or materially affected your naturalization due to the "physical presence in the United States" requirement for naturalization applicants.

You may also lose your US citizenship if you withheld information or misled the USCIS or INS when becoming a permanent resident. If within five years of becoming a permanent resident, the USCIS finds out that you withheld information from them or misled them in order to obtain your green card, the USCIS may also strip you of your US citizenship. Of course, after five years from becoming a permanent resident, the only way the USCIS would be able to take away your US citizenship would be if you withheld or misrepresented yourself during the naturalization process.

The above examples illustrates why you need to be both truthful and accurate when filing for naturalization and permanent residency. You don't want to give the USCIS any ammunition they could use against you later if they or someone else (like a politician or government bureaucrat) is looking for any means to get rid of you.

6. Refusal To Testify Before Congress About Your Subversive Activities

We included this legal provision for completeness. If you refuse to testify before Congress within ten years of being naturalized regarding your involvement in any subversive activities, the Attorney General can move to have your US citizenship revoked [ 8 USC 1451(a) ]. Subversive activities are not well defined but include activities such as spying, belonging to a terrorist or other organization wanting to overthrow the US, or other activities aimed at undermining our government [50 USC 783 & 843, 18 USC Ch. 115]. Of course, if you do testify before Congress about your subversive activities, you may still lose your citizenship if your testimony is later used to convict you of treason.

US Courts and Immigration Attorneys as Safeguards

Fortunately, it's not as easy to take away your citizenship and Certificate of Naturalization as the law reads. Even if you were not entirely truthful or forthcoming during the naturalization process, the USCIS just can't arbitrarily revoke your citizenship. Citizenship is one of those fundamental rights that our third branch of government (the judicial branch) takes very seriously. It appears the USCIS runs into difficulty with the federal courts when the USCIS revokes someone's citizenship without giving the accused his or her day in court (no matter how blatant the violation of the law, see - Challenge to INS Denaturalization Procedure ).

In other words, the only way you are going to lose your US citizenship and Certificate of Naturalization is in a federal court and by a federal judge, who is appointed for life, makes good money, and is answerable to no politician or government bureaucrat no matter how on popular the judge's decision turns out to be.

If any of these situations listed apply to you now or could in the future, we strongly suggest you seek the legal advice of an immigration attorney experienced in US citizenship law. Your US citizenship is too valuable to risk losing because you don't fully understand the law and the possible consequences of your actions. Here is a brief listing of websites for immigration attorneys:

American Immigration Lawyers Association ILW.com: The Immigration Portal

Open Directory (Google) - Immigration Lawyers

Voluntarily Losing Your US Citizenship (Renunciation)

After becoming a naturalized US citizen, you always have the option of renouncing your US citizenship. Beware though, if you renounce US citizenship, you will most likely be barred from living in the United States (there are exceptions), and can never become a US citizen again.

In order to renounce your US citizenship, you have to physically be outside the US and it's possessions when renouncing. So if you ever plan on renouncing your citizenship, make sure you have a country to live in (no doubts about your citizenship and residency status) and renounce your US citizenship there. For further information, see the State Department's circular: Renunciation of U.S. Citizenship.

Can a person voluntarily renounce their US citizenship and still live in the US? Can you get your green card back or a new green card? The answer to these questions is technically yes, but it is going to be a legally complicated process. You will most definitely need the advice and help of an immigration attorney to attempt such a legal maneuver. You will still have to renounce your US citizenship outside the US, and then need some type of visa or immigration papers to return to the US as a resident. Keep in mind, the US government will probably resist you every legal step of the way, and there is no guarantee of success. For further information, see the State Department's circular: RENUNCIATION OF U.S. CITIZENSHIP BY PERSONS CLAIMING A RIGHT OF RESIDENCE IN THE UNITED STATES.

Voluntarily renouncing your US citizenship should not be taken lightly. Once you renounce your citizenship, it is nearly impossible to get it back. You will lose all the benefits of US citizenship including US residency and your US passport, and you will likely still be held responsible for paying any past, current or future US taxes (which is the primary reason why most people want to renounce their US citizenship). For further information, see the State Department's circular: LOSS OF NATIONALITY AND TAXATION (please scroll down to this topic after you open this web page).

What if I lose my Certificate of Naturalization?

Losing your Certificate of Naturalization is not the same as losing US citizenship. You haven't lost your citizenship-all you lost is your proof of citizenship. Of course, if the USCIS can't find your naturalization records, you may have some problems proving your citizenship and could face detention and deportation proceedings. That's why we highly recommend making backup copies of your Certificate of Naturalization and storing the original in a secure place (see Securely Store Your Certificate of Naturalization for more information).

If, after all the precautions we recommended to you about storing and protecting your Certificate of Naturalization, your certificate is somehow lost or destroyed, well guess what, you' re going to have to deal with the USCIS all over again to get it replaced. Please go to USCIS: Form N-565, Application for Replacement Naturalization/Citizenship Document.

Good luck and please be patient. It usually takes at least a year to get a new certificate.

Websites With Further Information On Losing Your US Citizenship

CHANG & BOOS - LOSS OF CITIZENSHIP AND DUAL NATIONALITY A good summary of the recent policy changes to dual citizenship in the US and how, as a dual citizen, you can lose your US citizenship (uses Canadians as an example, but the legal principles generally apply to other countries that allow dual citizenship like Mexico or Italy for example).

The following website by the US embassy in Australia has an excellent summary regarding the US policy on dual citizenship and losing US citizenship. U.S. Policy on Dual Nationality

State Department's website: Citizenship and Nationality

Immigration and Nationality Act (INA) : The laws pertaining to loss of citizenship (or loss of nationality) and revocation of naturalization are found in Sections (ACT) 340 and 349 of the Immigration and Nationality Act. The regulations and procedures that the federal government are required to follow when implementing any law such as the Immigration and Nationality Act are found in the Code of Federal Regulations (CFR). Click here for the corresponding CFRs pertaining to Sections 340 and 349 of the INA. The CFR part numbers will be the same as the INA section numbers.

If you want to invite a foreigner to visit you in the US can you send them a letter and they get a visa with it or how does it work?

Yes, you should send them an invitation letter, like for exampple this one: http://www.immigrationlinks.com/news/newshints66.htm to them and they should fill out DS 156 and DS 157 forms, which can be found on the US Embassy site of their country of origin. Then they should go and pay the tax for a visa to a particular bank (in each country there is a particular bank where the transfers to the US Consulate are made).

After they do all this, they should appoint themselves an interview. In my country, it is done online. The best way is to ask your International friends to call their local US Embassy and ask for information, because this is how it's done here ;)

I hope that helps :)

What is the difference between an alien and a martian?

An alien can be from any planet in the universe. A Martian is an alien that comes from Mars. All Martians are aliens but the opposite is NOT true.

If you are a citizen and have a felony record does that prevent you from getting your illegal alien wife US citizenship?

No. Only if she was a felon would she have problems with citizenship; as it is, you will have enough issues given that she is an illegal alien and assumably already in the country.

What is the Spanish word for immigration?

This is one of those words classed as a "cognate", or a word that is similar in both languages, but not necessarily identical. The Spanish word for "immigration" is "inmigración". You will notice that there is a class of words in English that ends with "...tion". most of the time, these words are easily "converted" to Spanish by chaning the ending to "...ción". Revolution/revolución, etc. There are hundreds of words that this applies to.

How do I obtain a work visa in Vietnam?

Please note that if you want to work in Vietnam, you must have a work permit not work visa as you think. Only the company you work for with contact labour can arrange work permit for you. In order to enter Vietnam to work or interviewing before having work permit, you should apply for business visa at Vietnam embassy / consulate or apply online to get your business visa on arrival at Vietnam airports.

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