Immigration can be a complex process that involves many legal steps. The United States Citizenship and Immigration Services (USCIS) manages the nation’s immigration system by safeguarding its integrity. USCIS fairly adjudicates requests for immigration benefits while protecting American citizens and securing our country. U.S. immigration laws include different rules governing whether non-citizens may be deported back to their native country or prohibited from entering the United States. The laws separate these grounds into two distinct categories: grounds of inadmissibility and grounds of deportability. It is important to understand what actions constitute both of these since it can significantly alter the outcome of an immigration case.

Grounds for Inadmissibility

These grounds apply to an individual who would like to be admitted to the United States, including entry and the right to remain in the country legally with a Green Card, also known as lawful permanent resident (LPR) status.

The behavior or characteristics that can cause a person to be classified as inadmissible include:

Even if you are a citizen of the United States, you may have relatives who are not. Whether you were born here or immigrated to this country later in life, you can help other relatives become lawful permanent residents (LPR) by obtaining a Green Card. In order to do so legally, you need to sponsor your family member and be able to prove that you have an adequate income or assets to support him or her upon entrance to the United States. Once your relative arrives, it may take some time for him or her to acclimate to the new culture. Your community may have resources that are dedicated to refugees, immigrants, and international visitors to ease the transition.

U.S. Immigration Law

The law gives special consideration to immediate relatives of a U.S. citizen, which means there is no waiting list to immigrate these relatives. Immediate family members include:

• Spouse
• Unmarried children under 21 years of age
• Parents

Resources for Immigrants

Moving to the United States from a different country can be a major lifestyle change. In many cases, it requires a significant period of adjustment for the foreigner. In addition, many immigrants come to this country after experiencing trauma or persecution in their native land, such as war and other forms of violence. Navigating two cultures and figuring out how best to fit in can present its fair share of difficulties, especially between generations. Immigrants can also be targets of discrimination when they arrive here. Learning to cope with these challenges can be difficult, but there are resources available.

In response to the global pandemic of COVID-19, the United States federal government has passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This stimulus package will allocate trillions of dollars to struggling citizens and businesses due to the economic downturn that the virus has caused. Many people all over the world may have questions regarding government services during this uncertain time, such as the immigration process. The United States Citizenship and Immigration Services (USCIS) recently announced that the Public Charge Rule will not restrict access to testing, screening, or treatment of infectious diseases, including COVID-19.

The Public Charge Rule and Stimulus Payments

According to U.S. immigration law, the Public Charge Rule outlines that immigrants to the United States who are classified as “likely” to become a Public Charge may be denied visas or lawful entrance to the country based on their disabilities or inadequate economic resources.

The new Public Charge Rule took effect in February of this year. The new rule affects individuals who are applying for green cards and visas from within the United States, known as “Adjustment of Status.” The new rule elaborates on the types of publicly funded programs that are used to assess if a person is likely to become a public charge in the future.

Immigration can be a complicated and lengthy process, with many legal steps to complete. The United States Citizenship and Immigration Services (USCIS) is a division of the United States Department of Homeland Security (DHS). USCIS manages the naturalization and immigration system for the country. This includes processing and adjudicating different matters, including applications for work visas, asylum, and citizenship. The agency is also tasked with safeguarding national security, eliminating immigration case backlogs, and improving efficiency. The USCIS Policy Manual is an online archive for the agency’s immigration policies. Recently, USCIS added an update to the manual to clarify the requirements surrounding naturalization applicants’ absences from the United States.

LPR Requirements

Lawful permanent residence (LPR) means a non-citizen is authorized to work and live in the United States on a permanent basis. As proof of that status, that person is issued a permanent resident card, also known as a Green Card. Anyone who wishes to immigrate to the United States is not eligible until he or she completes the required time period of continuous residence as a lawful permanent resident.

A naturalization applicant typically must reside for a continuous period in the United States after his or her LPR admission for at least five years prior to filing the naturalization application. In addition, he or she must reside here until the application is accepted. According to the law, if an applicant is away from the United States 6-12 months during the statutory period, he or she is assumed to have broken the continuity of this residence. USCIS adjudicators are responsible for determining whether naturalization applicants have broken their continuous residence when reviewing naturalization applications.

Many people from other countries wish to become U.S. citizens through naturalization. The United States Citizenship and Immigration Services (USCIS) governs the process that allows foreign nationals to enter the United States lawfully. In other situations, current permanent residents and U.S. citizens wish to bring their relatives to live and work in the United States. In order to enhance the efficiency of immigration proceedings, the USCIS is continually making updates to its policies and procedures. Starting on February 1, 2020, the Petition for Alien Relative will only be processed by USCIS if it is a domestic case or by the Department of State (DOS) for international cases.

Form I-130, Petition for Alien Relative

Form I-130 is the first step for an eligible relative to apply to immigrate to the United States and obtain a Green Card. This form is usually approved if it can be established that a relationship exists between you and your relative that qualifies for immigration to the United States. Once a petition is approved, the second step in the process is when the immigrant relative applies to become a lawful permanent resident (LPR). In some cases, the family member must wait until a visa number is available before applying. An immigrant visa is always available for immediate family members (spouse of a U.S. citizen; unmarried child under 21 of a U.S. citizen; or parent of a U.S. citizen who is 21 or older).

Previously, USCIS provided specific services in their international offices, typically in countries where USCIS does not do a lot of work. Now, DOS will take over some of these services. Eligible active-duty military members who are based overseas can file their Form I-130 locally with DOS, and so will select non-military petitioners who meet designated criteria for consular processing.