Question 1

What is an asylum?

Accepted Answer

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.

Question 2

Which countries can apply for asylum?

Accepted Answer

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

Question 3

What are the types of Asylum?

Accepted Answer

• 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.

Question 4

When should I apply for asylum?

Question 5

When should I apply for asylum?

Question 6

What evidence can I present?

Question 7

Can I include my family members in my asylum process?

Question 8

Should I attend court even if I've already submitted my asylum application?

Question 9

How long does it take for a pardon to be approved?

Question 10

What is a Work Permit?

Accepted Answer

A work permit (https://www.santiagolegalgroup.net/employment-authorization-document-permiso-trabajo )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 .

Question 11

How should I apply for my Work Permit?

Accepted Answer

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.(https://www.santiagolegalgroup.net/employment-authorization-document-permiso-trabajo ) 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 (https://www.santiagolegalgroup.net/)LLC, based in Minnesota, we help you identify your correct category and prepare your application.

Question 12

What processes allow me to apply for a Work Permit?

Accepted Answer

Among the most common processes that allow you to request a work permit are:
 • Asylum (affirmative or defensive).
 • DACA.
 • TPS ( Temporary Protected Status (https://www.santiagolegalservices.com/temporary-protected-status-minnesota)).
 • 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.

Question 13

Does my work permit give me legal status within the country?

Accepted Answer

No. A work permit (https://www.santiagolegalgroup.net/employment-authorization-document-permiso-trabajo )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.

Question 14

How often should I renew my Work Permit?

Question 15

What is a family petition?

Accepted Answer

A family petition is a process that allows a U.S. citizen or lawful permanent resident (https://www.santiagolegalgroup.net/permanent-residence-green-card-residencia-permanente)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.

Question 16

Which family members can I apply for as a resident?

Accepted Answer

The legal Permanent Resident may apply for:
 • Spouse of a Legal Permanent Resident (https://www.santiagolegalgroup.net/permanent-residence-green-card-residencia-permanente).
 • Minor or older unmarried children

Question 17

Which relatives can I petition for as a U.S. citizen?

Accepted Answer

• Spouse of a citizen
 • Children
 • Parents of an American citizen.
 • Siblings

Question 18

If I entered illegally, do I have to leave the country under my family petition?

Question 19

If I have a court case, can I start my family petition?

Question 20

Can I petition for relatives who are outside the United States?

Question 21

What is TPS?

Accepted Answer

Temporary Protected Status (https://www.santiagolegalgroup.net/temporary-protected-status-minnesota), 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.

Question 22

Which countries are eligible to apply for TPS?

Accepted Answer

Here are a few examples:
 • Nepal
 • Haiti
 • Venezuela
 • Honduras
 • Nicaragua
 • El Salvador
 • Sudan
 • Ukraine
 • Syria
Inter alia.

Question 23

What are the eligibility requirements to apply for TPS?

Accepted Answer

• Being a citizen of a designated country
 • Be present in the United States from the established date
 • Continuous residence since TPS assignment

Question 24

What benefits do I get through my TPS?

Question 25

What are the dates for TPS re-registration?

Question 26

What is a U Visa?

Accepted Answer

The U Visa (https://www.santiagolegalgroup.net/visa-u-minnesota)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.

Question 27

Is it essential to have evidence to start my U Visa process?

Accepted Answer

That's right, as with most immigration relief measures, it's essential. Here are a few:

• Police records
 • Medical reports
 • Affidavits or witness statements
 • Evidence that you are assisting the authorities.

Question 28

If my U Visa certification is approved, what does that mean?

Accepted Answer

The U Visa (https://www.santiagolegalgroup.net/visa-u-minnesota)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.

Question 29

What crimes qualify for a U Visa?

Accepted Answer

• Employment fraud
 • Sexual abuse
 • Domestic violence
 • Human trafficking or prostitution
 • Murder
 • Weapon attack
 • Kidnapping
 • Torture
Among other crimes, that have caused physical and mental harm.

Question 30

Which family members can be included in my application?

Question 31

What benefits can I get with a U Visa?

Question 32

What is a Green Card and how do I get one?

Accepted Answer

A Green Card (https://www.santiagolegalgroup.net/renovacion-green-card-usa), or Permanent Resident (https://www.santiagolegalgroup.net/permanent-residence-green-card-residencia-permanente)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.

Question 33

What are the most common ways to apply for residency?

Accepted Answer

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

Question 34

How long does the residency process take?

Accepted Answer

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.

Question 35

What benefits does the Green Card offer?

Question 36

What conditions could cause you to lose your permanent residency?

Question 37

How much does it cost to renew a Green Card?

Question 38

Who can apply for citizenship?

Accepted Answer

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 (https://www.santiagolegalgroup.net/permanent-residence-green-card-residencia-permanente)( Green Card (https://www.santiagolegalgroup.net/renovacion-green-card-usa)holders) for at least 5 continuous years, or
 • In 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 (https://www.santiagolegalgroup.net/naturalization-citizenship-process-mn)can also be obtained automatically for children born abroad to U.S. citizen parents under some specific conditions.

Question 39

What are the requirements for naturalization?

Accepted Answer

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.

Question 40

What is the citizenship test like?

Accepted Answer

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.

Question 41

Can you have dual citizenship?

Question 42

What are the benefits of being an American citizen?

Question 43

Who can apply for DACA?

Accepted Answer

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.

Question 44

What are the benefits of DACA?

Accepted Answer

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.

Question 45

Is the program still valid in 2025?

Accepted Answer

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.

Question 46

Can I renew if I already had DACA before?

Accepted Answer

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.

Question 47

What is humanitarian parole?

Accepted Answer

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.

Question 48

Who can qualify?

Accepted Answer

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).

Question 49

What rights does it offer?

Accepted Answer

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.

Question 50

Can it be converted into a residence later?

Question 51

What is the T Visa?

Accepted Answer

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.

Question 52

What tests are needed to apply?

Accepted Answer

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.

Question 53

What benefits does the T Visa offer?

Accepted Answer

• 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.

Question 54

What is FOIA and what is it for?

Accepted Answer

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.

Question 55

How can I find out if I have a deportation order?

Accepted Answer

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.

Question 56

Can I reopen a closed case?

Accepted Answer

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.

Question 57

What is an immigration waiver (I-601 or I-601A)?

Accepted Answer

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.

Question 58

When do I need to complete a consular process?

Accepted Answer

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.

Question 59

Can I change my visa from tourist to residency?

Accepted Answer

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.

Question 60

What is adjustment of status?

Accepted Answer

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.

Question 61

Can I apply for residency if I am already in the United States?

Accepted Answer

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

Question 62

What do I do if I have a deportation order?

Accepted Answer

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.

Question 63

What options do I have if ICE detains me?

Accepted Answer

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.

Question 64

What is an immigration bond?

Accepted Answer

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.

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Frequently Asked Questions about Immigration and Permits in the United States

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