www.nyvisalawyer.com

Tag: FAQ

  • Who is a “child” for Immigration Purposes?

    Definition of a Child According to INA 101(b) (1) and 8 U.S.C. 1101(b)(1), a child is defined as: an “unmarried person under 21 years of age who is a: WHAT ABOUT STEP-CHILDREN? Step Child [See INA 101(b)(1)(B), 8 U.S.C. 1101(b)(1)(B)]: A step-child is a child as long as the step-child was under 18 when step-relationship was created, meaning that the…

    Read more...

  • Right to be Put Into Removal Proceedings to Seek Relief

    Does a foreign national have the right to be put into removal proceedings in order to seek relief from removal, such as cancellation of removal? No. “A noncitizen has no right to be placed in removal proceedings by DHS for the purpose of seeking relief. See Matter of Andrade Jaso and Carbajal Ayala, 27 I&N…

    Read more...

  • DACA

    On September 13, 2023, a Federal District Court in Texas issued a ruling in Texas v. United States declaring DACA unlawful. This Judge had previously come to the same conclusion and it was appealed to the Fifth Circuit Court of Appeals. The Court of Appeals found that he erred in making his first decision and…

    Read more...

  • ICE Check-In

    Often when ICE releases a person from immigration detention, they decide to continue to monitor the person through a program called the Intensive Supervision Appearance Program (ISAP). This monitoring can happen in different ways, including through ankle monitors, in-person check-in appointments, visits at home, or check-ins by phone. Some private companies work for ICE to…

    Read more...

  • I-864, Affidavit of Support

    Form I-864A: https://www.uscis.gov/sites/default/files/document/forms/i-864a.pdf Official USCIS Instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf Why Does a Household Member Complete Form I-864A? A household member completes this contract if the household member’s income and/or assets will be used to demonstrate the sponsor’s ability to meet the income requirements and to maintain the sponsored immigrant at an annual income at the level specified in INA…

    Read more...

  • Can I Travel Once My U Visa is Approved?

    Once you receive the I-918 approval notice indicating you are in U nonimmigrant status, can you can travel outside of the United States? Technically, individuals in U nonimmigrant status are eligible to apply for a U visa abroad at a U.S. consulate and may be able to use that visa to reenter the United States after a…

    Read more...

  • How to Check Your Selective Service Registration

    WHAT IS THE SELECTIVE SERVICE? The Military Selective Service Act requires that all men (including anyone whose gender was assigned as male on their birth certificate) living in the United States register with the Selective Service System (SSS) within 30 days of their 18th birthday. The SSS is used by the U.S. government in times…

    Read more...