Immigration Frequently Asked Questions

Will I be able to enter the United States after receiving my visa?

Unfortunately, a visa does not guarantee entry but is used to allow a foreign citizen to travel to a U.S. port, at which point the Department of Homeland Security will either authorize or deny admission into the U.S.

Let us answer your immigration questions! Contact Benjamin, Yocum & Heather, Ohio Immigration Lawyers providing legal services to Cincinnati, Ohio and the state of Kentucky.

What is Asylum?

Asylum is a status granted to those individuals who are unable or unwilling to return to their country of origin due to persecution or fear or persecution based on varying factors. These factors can range from race, nationality, religion, social group membership, or political view. If granted asylum, the applicant will be able live and be employed within the United States. Evidently, they will also be able to apply for permanent resident status.

Who is eligible for asylum?

Asylum is available to those who are arriving or those who have already arrived to the United States. Within one year of entrance, the applicant must file a Form I-589 also known as the Application for Asylum and for Withholding of Removal at a Service Center. This application is available to everyone regardless of their immigration standing.

In what circumstances will a foreign spouse’s residency status be termed as conditional?

A foreign spouse’s permanent residency status will only be termed as conditional if the marriage is less than two years old.

Who is protected under the Immigration and Nationality Act?

All citizens and nationals of the United States are protected under the Immigration and Nationality Act. This Act also includes protection of temporary residents, permanent residents, and those granted asylum. This does not apply to those applicants who fail to apply for naturalization in a timely fashion.

How does one become a naturalized citizen?

Eligibility for naturalization is still possible if one is not determined a U.S. citizen right after birth. Naturalization can be applied for through a number of different forms based upon differing circumstances. Such considerations for the correct form include age, adoption, and parent status.

Can I reapply if denied naturalization?

It is possible to reapply if denied naturalization by the USCIS. All application processes must be entirely redone including the completion of another application, fee, fingerprints, and photographs. The letter of denial usually indicated the date in which a denied individual will be able to reapply for naturalization.

What is an H-1B classification?

This classification is used by an alien who will obtain temporary employment status based on specialty circumstances.

If an H-1B alien, is permanent immigration to the U.S. possible?

Yes, an H-1B alien can apply for a visa, or status adjustment without affecting the H-1B status, also referred to as dual intent.

Can I invite someone to the United States?

Under the U.S. law, applicants must apply on their own to visit the United States. To qualify, applicants must complete and sign an application, show evidence of intent to return home, and go through standard security clearance procedures.

Let us answer your immigration questions! Contact Benjamin, Yocum & Heather, Ohio Immigration Lawyers providing legal services to Cincinnati, Ohio and the state of Kentucky.