Frequently Asked Questions about Immigration and Permits in the United States

Asylum is a protected status offered by the United States to those who have been victims of threats and persecution in their country of origin due to race, nationality, politics, religion, or belonging to a defined social group.

Anyone, regardless of nationality, can apply for asylum in the United States. Asylum is a human right protected by international law.

Affirmative Asylum: This is the process that must be requested by people who are at risk of returning to their country of origin and are not in the process of expulsion.Defensive Asylum: This is the application used to defend themselves by those who have been detained by Immigration and/or Customs Enforcement and have begun their path toward deportation.

You must apply for it within the first year of your arrival in the United States. Only in exceptional cases can you do so later.

Once you are in the United States, you must apply for asylum before your first year in the country is up. Otherwise, you will only be eligible if you have an exceptional justification.

The evidence you must submit to your case will depend on the specific events in your case. However, the most common evidence includes: Passport and visa (if applicable)Medical and police reportsBirth, marriage or divorce certificatesAffidavitsPhotographs, recordings, audiosPress clippings and other documents that support your story And other documents that will help you prove that the story you are defending is true.

Yes, but you can only include your spouse or children under 21 years of age who are in the United States.

Yes, this will be a fundamental part of your case and your opportunity to explain to the immigration judge why you fled your country. Otherwise, failure to attend immigration court could result in your case being denied.

The time varies depending on the processing office and the type of forgiveness, but it can generally take anywhere from 6 months to over a year.

A work permit is an authorization issued by the United States government to individuals in active immigration proceedings. This document does not grant permanent immigration status , but it does allow you to work legally while your case is pending .

Before submitting your application, it's essential to identify which immigration process you qualify for and whether it allows you to apply for a work permit. The application is submitted using Form I-765. There are some employment authorization categories, depending on the type of immigration process you are following.At Santiago Legal LLC, based in Minnesota, we help you identify your correct category and prepare your application.

Among the most common processes that allow you to request a work permit are:Asylum (affirmative or defensive).DACA.TPS ( Temporary Protected Status ).Adjustment of status (Green Card).Humanitarian parole or other special immigration benefits.Each process has specific requirements and timelines , which is why it's important to have reliable legal advice.

No. A work permit does not grant legal immigration status or permanent residency . It only authorizes you to work and remain legally in the country temporarily while your case is being evaluated.

Renewal will depend on the process under which you were approved. In some cases, it must be renewed every 1, 2, or even 5 years , depending on the category assigned by USCIS.

A family petition is a process that allows a U.S. citizen or lawful permanent resident to sponsor or assist a family member who wishes to immigrate to the United States and obtain a permanent resident card, provided they are admissible.

The legal Permanent Resident may apply for:Spouse of a Legal Permanent Resident .Minor or older unmarried children

Spouse of a citizenChildrenParents of an American citizen.Siblings

Yes, generally, when a person enters the border illegally, they must undergo a consular process to correct the irregular stay they accumulated upon entry.

Yes, this would be a separate process, allowing you to legally arrange your documents. What you need to do is request the court to close your case so you can continue your family petition process.

Yes, but remember to only select eligible family members, depending on whether the applicant is a permanent resident or an American citizen.

Temporary Protected Status , or as it is mostly known (TPS), is an immigration relief established by the United States government for nationals of certain countries who are going through extraordinary temporary situations and are considered unsafe places for the community.

Here are a few examples:NepalHaitiVenezuelaHondurasNicaraguaEl SalvadorSudanUkraineSyriaInter alia.

Being a citizen of a designated countryBe present in the United States from the established dateContinuous residence since TPS assignment

As long as you have this legal status, you cannot be deported from the country. It also allows you to obtain a work permit and travel within and outside the United States.Protection against deportationAuthorizable work permitAbility to travel (with USCIS authorization)

You should keep in mind that each country has different re-registration dates; here are some of them:El Salvador is now extended until March 9, 2025.Haiti is now extended until August 3, 2024.Honduras is now extended until July 5, 2025.Nepal is now extended until June 24, 2025.Nicaragua now extends until July 5, 2025Sudan is now extended until April 19, 2025.

The U Visa is a non-immigrant status for those who were victims of qualifying crimes, physical or mental abuse, and are willing to assist the authorities in the investigation of the crime.

That's right, as with most immigration relief measures, it's essential. Here are a few:Police recordsMedical reportsAffidavits or witness statementsEvidence that you are assisting the authorities.

The U Visa certification is one of the fundamental requirements requested by immigration, so if it is already approved, you can start the U visa process that will lead you to residency.

Employment fraudSexual abuseDomestic violenceHuman trafficking or prostitutionMurderWeapon attackKidnappingTortureAmong other crimes, that have caused physical and mental harm.

If the applicant is under 21, they can include spouses, children, unmarried relatives under 18, and parents in their application. Conversely, if they are over 21, they can only apply for their spouse or children.

Legal stay in the United States and Work Permit .Protection against deportation.Permission to apply for legal residence upon reaching 3 years of age.Spouses and children under 21 years of age of U visa applicants may also obtain status through this category.

A Green Card , or Permanent Resident Card, is a document that allows you to live and work legally and permanently in the United States. It's obtained through a formal process with the Citizenship and Immigration Services (USCIS). To apply for it, someone—usually a family member or employer—submits a petition on your behalf. You must then complete the corresponding application (Form I-485 if you're in the United States or consular processing if you're abroad), attend a biometric appointment, and then an interview. Finally, you receive a decision on your case.

The most common application categories include:Through family: spouse, parents or children of U.S. citizens, or other relatives of permanent residents (I-130 petition).Employment: skilled workers, professionals, investors (I-140 petition).Asylum or refugee status: people admitted under these protections can adjust their status after one year.Visa Lottery (DV): for people from countries with low immigration rates through an annual lottery system.Other special categories: victims of crimes, humanitarian programs, among others

The time varies depending on the category, country of origin, and USCIS's workload. It can take from several months to several years. For example, immediate family categories are typically faster (12-18 months), while other employment- or country-based categories can take longer, even several years.

Having a Green Card allows you to:Live and work legally in the USA permanently.Travel within and outside the country more easily (with certain conditions).Access to social and educational benefits.Apply for U.S. citizenship after a period of continuous residence (usually 5 years).Sponsor certain relatives to obtain residency.

You can lose your Green Card if:You leave the USA for a prolonged period without any intention of residing there.You commit certain serious crimes or immigration fraud.You fail to comply with immigration laws or formally renounce your status.You submit false or fraudulent information in the application.If major legal impediments are detected when applying for citizenship

Green Card renewal is done by filing Form I-90 with USCIS . The process includes submitting the application, meeting established requirements, and, in some cases, attending a biometric fingerprinting appointment.It's important to always check the most recent USCIS instructions, as they detail the steps, required documents, and possible updates to the process.An immigration attorney can help you review your case, ensure you meet all the requirements, and avoid renewal delays or rejections.

People who are eligible to apply for U.S. citizenship include:Be 18 years of age or older at the time of application.Be legal permanent residents ( Green Card holders) for at least 5 continuous years, orIn the case of being married to a U.S. citizen, having been a permanent resident for at least 3 years, and remaining married to the citizen during the process.They also include certain members of the Armed Forces, children of citizens by birth or naturalization, and people with other specific conditions.Thenaturalization and citizenship process can also be obtained automatically for children born abroad to U.S. citizen parents under some specific conditions.

General requirements for applying for naturalization include:Be 18 years of age or older when filing Form N-400 (Application for Naturalization).Be a legal permanent resident for at least 5 years (or 3 years for those married to a citizen).Have lived at least 3 months in the state or district where the application is submitted.Have had continuous residence in the U.S. for the past 5 years (or 3 years if applicable to marriage to a citizen).Have been physically present in the United States for at least 30 months within those 5 years (or 18 months in the case of marriage).Demonstrate good moral character for the required period.Demonstrate adherence to the principles of the U.S. Constitution.Be able to read, write and speak basic English.Have basic knowledge of the history, government, and civics of the United States.Taking the oath of allegiance in an official ceremony.

At the naturalization interview, the applicant must complete two main tests:English exam: reading, writing and listening in basic English.Civics Test: Questions on American history, government, and founding principles (currently 10 questions, with a minimum of 6 correct answers required to pass).There are exceptions to the English exams for seniors or people with certain disabilities, who can take the civics test in another language.

Yes, the United States allows dual citizenship. This means you can obtain U.S. citizenship without having to renounce your citizenship in your home country, as long as that country also allows it. However, it's a good idea to check your home country's laws regarding dual citizenship, as some countries don't recognize it or may impose restrictions.

Having American citizenship gives you a number of rights and opportunities that can significantly improve your quality of life and that of your family.

People who are eligible to apply for DACA include:They arrived in the United States before they turned 16.They have lived continuously in the United States from June 15, 2007 until today.They were under 31 years old on June 15, 2012 (born on or after June 16, 1981).They were physically present in the United States on June 15, 2012, and at the time of filing the application.They did not have legal immigration status on June 15, 2012.They are currently in school, have graduated, have a GED, or are honorably discharged veterans.They have no serious criminal record and do not pose a threat to public or national security.

DACA grants:Temporary protection from deportation.Valid permit to work legally in the United States.Authorization to obtain a driver's license in most states.Easier to travel with prior USCIS authorization.Future possibility of adjusting legal status to permanent residence through other legal means.

Yes, DACA remains in effect in 2025, although it faces legal challenges and is under constant judicial review. Despite court decisions that have affected some program regulations, USCIS continues to accept renewal applications and has also resumed accepting initial applications under certain conditions.

Yes, previous DACA recipients can renew their status as long as they continue to meet the requirements. Renewals are done using the corresponding forms (I-821D and I-765) and must be submitted within the established timeframes to maintain active protection. Associated costs vary, and there are options to do so online or by mail.

Humanitarian parole is a temporary permit granted by the United States government to allow the legal entry or stay of a person who is not eligible for a visa or regular admission, when there are urgent humanitarian reasons or a significant public benefit. Examples include receiving critical medical treatment, caring for a sick family member, attending a funeral, or protection from serious harm in one's home country.The permit is usually for a limited period, generally no longer than one year, although it can be extended on a case-by-case basis; for example, the current government has granted permits of up to two years for specific groups.

Foreigners who:They need to enter or remain in the United States for urgent humanitarian reasons (medical treatment, family reunification in critical cases, protection from specific dangers).They are not eligible to obtain a traditional visa due to legal restrictions or background.They have a financial sponsor in the United States (in specific programs such as parole for migrants from Cuba, Haiti, Nicaragua and Venezuela).They are in circumstances where denying entry would cause severe harm or endanger their lives.It is important to note that the granting of parole is discretionary and granted on a case-by-case basis by the Citizenship and Immigration Services (USCIS).

Humanitarian parole:Authorizes legal temporary entry and stay in the United States for the duration of the permit.It allows you to apply for a work permit while the authorization is valid.It is not an immigration status per se, so it does not grant residency or an automatic path to citizenship.It does not guarantee automatic reentry if the person leaves the country; to return, a new permit or advance parole application is required.In some cases, such as the CHNV program (Cuba, Haiti, Nicaragua, Venezuela), a financial sponsor is required to ensure support.

Humanitarian parole is not a direct path to permanent residence or citizenship. However, in some cases, parole recipients may be eligible for other immigration benefits or processes leading to legal residence, such as asylum applications, employment- or family-based visas, or adjustment of status, depending on their specific situation.It's important to note that parole can be revoked at any time and does not guarantee permanent protection. Therefore, it's recommended that you seek legal advice to explore immigration alternatives that may provide a more stable legal status.

The T visa is a nonimmigrant status that protects people who have been victims of human trafficking (forced labor or sex trafficking) and who meet certain requirements to receive assistance and remain legally in the United States.

To be eligible for a T visa, you must prove:That you were a victim of a serious form of human trafficking, whether forced labor or sexual exploitation.That you are currently in the United States or its territories because of that trafficking, or on your way here.That you would suffer extreme hardship if you were deported.That you have reasonably cooperated with the authorities in the investigation or prosecution of the case (unless you are under 18 years of age or too traumatized to cooperate).Submit evidence that includes a personal statement explaining your case, police reports, court reports, affidavits, or Form Supplement B certifying cooperation with the authorities.Prove that you are admissible to the United States or apply for an immigration waiver if you have grounds for inadmissibility.

Temporary legal protection to remain in the United States while the process lasts, with the possibility of extending the status.Automatic authorization to work legally.Possibility of including certain close relatives (such as spouse, children, parents under 21 years of age) in the application.After three years in T status and meeting certain requirements, you can apply for a Green Card (permanent residency).Protection from deportation for as long as you hold T visa status.This status is vital immigration relief for victims of trafficking and allows them to rebuild their lives in the United States legally and safely.

The Freedom of Information Act (FOIA) is a law that allows anyone to request documents and information from U.S. government agencies, including U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE). In immigration matters, FOIA can be used to obtain copies of your immigration file, which can help you understand the status of your case, check for deportation orders, or access other relevant information.

You can request your immigration record through FOIA to check if there is an active deportation order. Additionally, an attorney can help you check the immigration court or ICE systems to confirm the existence of a deportation order.

It depends on the reason for the closure and whether there is new evidence or errors in the process. In some cases, you can request a reopening or reconsideration if you have valid grounds and within the legal deadlines.

It is a request to forgive certain grounds of immigration inadmissibility, such as prolonged unlawful presence, criminal record, or fraud, that prevent entry or adjustment of status in the United States.The I-601 is used for consular waivers, generally when the person is outside the United States.The I-601A is a provisional waiver for those who are inside the United States and seek to adjust status without leaving the country.

When you must leave the United States to apply for an immigrant visa at a consulate in your country of origin or residence. This usually happens when you cannot adjust your immigration status while still in the United States.

Not directly. To change from a tourist visa to permanent residence, you must be eligible for adjustment of status, for example, through a citizen relative or a job offer. It's important not to violate the terms of your visa while processing the application.

It is the process by which a person who is legally in the United States changes their immigration status to permanent resident without having to leave the country.

Yes, if you qualify under an eligible category (immediate family member, employment, asylum, among others) you can apply for adjustment of status.

It is essential to seek specialized legal advice to evaluate your defense or appeal options. You can request a review, cancellation of deportation, or apply for other immigration benefits to avoid expulsion.

You can request a hearing to apply for immigration bail if you qualify (not all detained individuals are eligible). It's also essential to attend all hearings and seek legal representation to defend your case.

It's a sum of money paid to the government to guarantee that the detained person will appear at their hearings and follow the immigration judge's orders. Bail can vary, but by law, the minimum is $1,500. Bail doesn't stop the deportation process; it only allows release under certain conditions.

It is a visa that allows a U.S. citizen to bring his or her foreign fiancé(e) to the United States to get married within 90 days of arrival.

The citizen must prove that the relationship is legitimate, that both are single, and that they will marry within the established timeframe. They must also prove they have been together in person at least once in the last two years (with humanitarian exceptions).

Yes, after getting married in the United States, a K-1 visa beneficiary can apply for adjustment of status to become a permanent resident.

No. You have the right to remain silent and you should not respond or show documents without a lawyer present.Read more

Yes, if they have reasonable suspicion. Even so, remain silent and ask to speak with a lawyer.Read more

Every case is different and the time depends on its complexity, so the time varies, but with the experience of the immigration lawyers at Santiago Legal in the Twin Cities of Hennepin, Ramsey, Dakota, Anoka, Washington, Minneapolis and more, your process will be faster.Read more

This means that a minor (usually between 16 and 18 years old, depending on the state) obtains the legal status of an adult before reaching the age of majority. This means that the minor acquires certain rights and responsibilities that are normally reserved for adults, such as making legal, financial, and medical decisions without the need for consent from their parents or guardians.

Sanctuary cities are jurisdictions that do not fully cooperate with federal immigration authorities, often by withholding information about people's immigration status. They act as havens for immigrants and help them avoid deportation.Recent policy update: The Trump administration has attacked sanctuary cities, attempting to deny them federal funding and force them to cooperate more with ICE.