Factors to consider before applying with Immigration

Applying for a Green Card or Visa

If you’re trying to obtain a non-immigrant Visa or legal permanent resident status AKA green card, there are two major things you should consider before applying for your visa.

Eligibility

The first step to come to United States is to see if you are eligible for an immigrant or non-immigrant visa. There are multiple visas one can apply for ranging from tourism all the way to employment-based. Each type of visa has eligibility standards and if you don’t qualify they will deny your application. Let’s take a very common B2 Visa, this also known as a tourism Visa. Let’s pretend foreign national wants to apply for a B2 tourist visa. However, at his interview, he claims that he wants to go to USA so that he can work and make money. This would be a violation of the visa guidelines because you are not allowed to work on a tourist visa. Therefore, if he intends to work, he will not be eligible for a tourist visa because he has an ulterior motive. On the employment side there are other visas such as an E2 investor visa which requires a foreign national to open and operate a business in the United States. You must prove your eligibility through business plans and documents. It’s important to determine your eligibility for the intended visa you are applying for. Consult with us at Zavala Texas Law, to help you determine your eligibility.

Inadmissibility

When the United States reviews your current visa or green card application, they will also decide whether you are inadmissible.  The term inadmissible means based on the rules of the Immigration and Nationality Act, you are a person who the USA cannot admit into the country. In my experience most all inadmissibility ground usually come from criminal backgrounds, prior illegal entries, being associated with a criminal organization.

A common example would be if you entered the country illegally or if you overstayed a visa. Both of those examples could find you inadmissible. Depending on the inadmissibility reason, you may be eligible for a discretionary waiver. A waiver is essentially a pardon by immigration. Therefore, if you get your waiver approved cancels out your inadmissibility and you are now admissible into the country.

If you have more questions regarding obtaining a Visa or green card, please feel free to contact us we are here at your disposal.