Frequently Asked Questions about Immigration and Permits in the United States

Temporary Protected Status, or TPS as it is more commonly known, is an immigration relief provided by the United States government for nationals of certain countries who are experiencing extraordinary temporary situations and are considered unsafe for the community.

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

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.

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.

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.

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.

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.

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 .

It is a request to waive 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, typically when the person is outside the U.S.

• The I-601A is a provisional waiver for those in the U.S. seeking to adjust status without leaving the country.

People who can apply for DACA are:

• They arrived in the United States before turning 16.

• They have lived continuously in the U.S. from June 15, 2007, until today.

• They were under 31 years old as of June 15, 2012 (born on or after June 16, 1981).

• Were physically present in the U.S. on June 15, 2012, and at the time of filing the application.

• They did not have legal immigration status on June 15, 2012.

• 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.

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.

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.

Individuals who may apply for U.S. citizenship are:

• 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, or

• If you are married to a U.S. citizen, you must have been a permanent resident for at least three years and remain married to the citizen during the process.

• They also include certain members of the Armed Forces, children of citizens by birth or naturalization, and persons with other specific conditions.

Citizenship can also be obtained automatically for children born abroad to U.S. citizen parents under certain specific 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.

FOIA (Freedom of Information Act) 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 ICE. In immigration matters, FOIA is used to obtain copies of your immigration file, which can help you understand the status of your case, verify deportation orders, and other relevant information.

DACA grants:

• Temporary protection from deportation.

• Valid permit to work legally in the U.S.

• Authorization to obtain a driver's license in most states.

• Easier travel with prior permission from USCIS.

• Future possibility of adjusting legal status to permanent residence through other legal means.

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 refuge: People admitted under these protections can adjust their status after one year.

• Visa Lottery (DV): for people from countries with low migration rates through an annual lottery system.

• Other special categories: victims of crimes, humanitarian programs, among others

The length of a divorce process depends on several factors. If both parties come to an agreement or if one of the spouses never responds to the divorce papers, the divorce can be finalized in a few months. If the spouses do not agree, then it is up to the judge to decide.

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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).

Foreigners who may qualify:

• They need to enter or remain in the U.S. for urgent humanitarian reasons (medical treatment, family reunification in critical cases, protection from specific dangers).

• They are not eligible for a traditional visa due to legal restrictions or criminal record.

• They have a financial sponsor in the US (in specific programs such as parole for migrants from Cuba, Haiti, Nicaragua, and Venezuela).

• They find themselves in circumstances where denying entry would cause severe harm or put their life at risk.

It should be noted that the granting of parole is discretionary and is granted on a case-by-case basis by the U.S. Citizenship and Immigration Services (USCIS).

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

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.

To be eligible for the T Visa you must prove:

• That you were a victim of a severe form of human trafficking, whether forced or sexual labor.

• That you are currently in the U.S. or its territories due to such trafficking, or are on your way here.

• That you would suffer extreme hardship if you were deported.

• That you have reasonably cooperated with authorities in the investigation or prosecution of the case (unless you are under 18 or too traumatized to cooperate).

• Submit evidence that includes a personal statement explaining your case, police reports, court reports, affidavits, or Form B Supplement certifying cooperation with authorities.

• Demonstrate that you are admissible to the U.S. or apply for an immigration waiver if you have grounds for inadmissibility.

Before applying, 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 several categories of employment authorization , depending on the type of process you're pursuing.

AtSantiago Legal , based in Minnesota, we can help you identify your correct category and prepare your application.

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.

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

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.

It is the process by which a person legally present in the U.S. changes their immigration status to permanent resident status without having to leave the country.

Here we will mention some of them:

• Nepal

• Haiti

• Venezuela

• Honduras

• Nicaragua

• El Salvador

• Sudan

• Ukraine

• Syria

Inter alia.

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.

The legal Permanent Resident may apply for:

• Spouse of a Legal Permanent Resident .

• Minor or older unmarried children

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

Among the most common processes that allow you to apply for a work permit are:

• Asylum (affirmative or defensive).

• DACA.

• TPS (Temporary Protected Status).

• Adjustment of status (Green Card).

• Humanitarian paroles or other special immigration benefits.

Each process has specific requirements and time frames , so it is important to have reliable legal advice.

• Be a citizen of a designated country

• Be present in the United States from the established date

• Continuous residence since TPS assignment

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

• 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.

• 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.

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, 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.

• Spouse of a citizen

• Children

• Parents of an American citizen.

• Siblings

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.

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.

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.

The U Visa certification is one of the fundamental requirements for immigration applications. Therefore, if it is already approved, you can begin the U visa process that will lead to residency.

No. There is no citizenship requirement to get divorced in Minnesota. The requirement is that at least one spouse must have lived in Minnesota for at least 180 days, or you or your spouse must be a member of the armed forces and that person must have maintained residency in Minnesota. Contact us today…

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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.

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

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• 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.

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.

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.

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.

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

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.

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.

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 deportation

• Authorizable work permit

• Ability to travel (with USCIS authorization)

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.

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.

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, 2025

• Sudan is now extended until April 19, 2025.

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.

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

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

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.

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.

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

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 reports

• Birth, marriage or divorce certificates

• Affidavits

• Photographs, recordings, audios

• Press clippings and other documents that support your story

And other documents that will help you prove that the story you are defending is true.

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 the age of 21 of U visa applicants may also obtain status through this category.

Sanctuary cities are jurisdictions that do not fully cooperate with federal immigration authorities, often by failing to share information about people's immigration status. They act as havens for immigrants and help them avoid deportation.

Policy Update: The Trump administration has targeted sanctuary cities, attempting to deny them federal funding and force them to cooperate more with ICE.

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

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.