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Real Immigration Lawyers are Not Found on Directory Websites

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Real immigration lawyers are not found on directory websites, because these are sites where the main focus is to make money. Directory websites either are based on generating leads for attorneys or to make money through advertising. When information is provided on a directory website, the lawyer who receives the information is usually, the one that has paid the most for the leads. This does not mean that they are an immigration lawyer or know anything about immigration law. In the event that they do practice immigration law, there is no telling where they are located or the quality of advice or representation they provide. This can be a real problem when there is an immigration issue or questions that need answers. When the questions are not answered promptly or properly, it can result in disheartening circumstances for the person who has USCIS issues or needs to renew their visa.

Running a search on the internet does not mean the only sites that will be found are directory websites, it will depend on the type of search that is done. Watching what links are clicked on, in the results can mean finding a real South Dakota immigration lawyer, rather than a directory website attorney. This lawyer may not be located in South Dakota, but in neighboring Montana, and serves the needs of clients in the state. This is due to a shortage of attorneys that practice immigration law, and they have a complete understanding of all immigration issues and are up-to-date on any of the changes in rules and regulations by the USCIS. This is important to have this type of legal expert in a neighboring state, rather than across the country, which is what can happen with a directory website. The immigration lawyer Montana will use Skype, email, postal mail, telephone and fax to assist with issues and renewals. The most important part of this, is they can provide quality legal advice and are experts in this area of the law.

When there is a problem, or it is time to renew a visa, there are questions, because doing something wrong, such as not submitting the proper documents can mean a hold up in the visa being approved. This can lead to large problems, like having to leave the United States, if the visa is not approved in time. This could be devastating and might actually happen, with an attorney who does not focus on immigration law, but has retrieved your information, because they look for leads on a directory website. Having the right lawyer can make a large difference and the immigration attorney Montana has the necessary qualifications, and they only practice immigration law, including as a South Dakota immigration attorney. While they might not be local, they are in a neighboring state and can provide the legal knowledge to facilitate the needs of the individual who has a visa issue, the person that would like to become a permanent resident or naturalized citizen and the family that has immigration lawyer questions.

Understanding Visa Denials and What to Do

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All visa applicants are interviewed by a consular officer, with very few exceptions, and then the information obtained is reviewed. The review of all of the applicant’s information will result in either being approved to obtain a visa or being denied, in which case a visa will not be issued.

There are numerous reasons, why a visa application might be turned down, ranging from not having sufficient supporting information, to criminal history. In some cases, if the individual applying for a visa does not submit enough supporting documents or information, the visa may be denied, until the proper information is submitted. In other cases, it can be dependent on the individual’s criminal history or activities.

When a visa is denied, the applicant is provided a reason and the section of the law the denial was based on. The applicant will also be advised by the consular’s office, if they may apply for a waiver. The immigration lawyer South Dakota can explain the application process for a waiver or why the individual is permanently ineligible to the family or employer petitioning for a foreign worker.

The reasons for ineligibilities are listed in the Immigration and National Act, along with other immigration laws. Some of these can be overcome, either by the application or the U.S. petitioner, while other types of ineligibilities are permanent. The permanent ineligibility will mean that any time the individual applies for a visa they will be denied, under the same section of the law. The only way to overcome this issue is if a waiver is authorized by the Department of Homeland Security.

The Most Common Reasons for Denial

  • The visa application or supporting documentation was not complete. This is outlined in INA section 221 (g).
  • Eligibility was not established under the classification of visa the applicant applied. This is outlined in INA section 214 (b).
  • Adequate demonstration of proof of financial support in the United States was not proven, which will be denied under a public charge. This is outlined in INA section 212 (a), (4).
  • The applicant committed fraud in misrepresentation of facts in attempting to receive a visa. This is outlined in INA section 212 (a), (6), (C), (i).
  • The individual applying for a visa has previously remained in the United States longer than they were authorized, by USCIS officials. This is outlined in INA section 212 (a), (9), (B), (i).
  • The applicant was convicted of a drug violation, which is outlined in INA section 212 (a), (2), (A), (i), (II).
  • The applicant has two or more criminal convictions, in which the total sentence of confinement was 5 years or longer. This is outlined in INA section 212 (a), (2), (B).
  • The applicant was convicted of a crime involving moral turpitude, which is outlined in INA section 212 (a), (2), (A).

When the applicant has been found ineligible for a visa, in certain cases they may reapply in the future, and in some cases it will require a waiver. Immigration officials will provide the information needed, as to why the application was denied, and this will provide the necessary information to reapply or apply for a waiver if necessary, in order to obtain a visa.

Reading and Understanding Your Visa

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Reading and understanding your visa is something that you will want to do, after going through the immigration application process. The nonimmigrant visa has specific items on it that is important to ensure are correct. These include:

  • Your name
  • Your country, where your visa was issued
  • Your date of birth
  • Visa type class
  • Your passport number
  • Entrance , which if marked with an M, you can seek entry into the United States multiple times.
  • Annotation, which may include additional information about your visa. As an example a student visa will have a SEVIS number and the name of the school.
  • Expiration Date, this is the last date that you will be able to use the visa to seek entry into the United States. It does not determine the amount of time you will be permitted to stay in the U.S.

Visa Types

There are two main visas, the non-immigrant visa and the immigrant visa, with each having different classifications. The information will be somewhat singular on the actual visa and important to read over for accuracy. Having any wrong information, even a birth date should be corrected. Any mistakes could result in not being permitted to enter the United States with the visa. Once the visa has been issued, it is important to read it over immediately, in order to have any errors corrected, before traveling.
The information contained on the visa is a combination of personal information that was placed on the visa application, and the special codes used by the USCIS for the classification of the visa and other information that is determined by them. This information or codes used, will tell the port of entry immigration official what they will need to know, in determining the amount of time you are legally able to remain in the United States and the date you must leave the U.S.

The non-immigrant visa classifications are temporary types of visas and will require the individual to return to their country of origin within a specific amount of time. These are work, visitors, religious, student and medical types of classifications.

The immigration visa is one that will permit the individual to remain within the United States for an extended amount of time, or become a permanent resident. This is a type of visa holder, who can apply to become a naturalized citizen.

The person that has a non-immigration visa is not permitted to become a permanent resident, without returning to their home country for a specified period of time and then reapplying for an immigration visa. Normally, they will not be permitted to apply to become a permanent resident nor apply to become a naturalized citizen, while holding the non-immigrant visa.
Each of the visa classifications have rules and regulations that must be followed, in order to remain in the U.S. legally. The South Dakota immigration lawyer can explain the differences and the regulations, which apply.

Important Visa Processing Terms

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There are some terms that are important to know, when applying for a visa to travel to the United States. These terms can make it easier to understand the process of applying for an immigration or nonimmigrant visa. They are also terms that can lead to South Dakota immigration lawyer questions that need answers. This is a process that will include the application submitted by an individual and in some cases this cannot be done, until a petitioner has filed a Form I-129. Then there will be an interview by an immigration officer, at the U.S. Embassy or Consulate, the family in the U.S. may have many questions about the process or the petitioner, which the immigration attorney South Dakota can answer.

Important Terms

Administrative Processing: There is a processing time with all visa applications, and some will require what is known as Administrative Processing. This is an additional amount of time to review the application and document, after the interview by a Consular officer.

Admission: Even once a visa application has been approved, traveling to the United States is not guaranteed, it will be up to the Customs and Border Protection officer to either allow or deny the individual. They determine who can enter the U.S., and how long they are permitted to stay for the visa classification the individual has applied. They will record the Duration of Status on a Form I-94 or a Form I-94, which is the arrival and departure date.

Affidavit of Support: This is a document that guarantees that when the individual completes the visa application, they will have financial support, and in some cases this will be through certain employment and otherwise will be provided by families who are citizens or permanent residents in the United States. The Form I-864 must be submitted, which is an Affidavit of Support and in some situations, it will require a Form I-134 to be submitted. Both of these forms are legally binding.

Agent: This is the person who will receive all the correspondence regarding the visa application case. This can be the individual who applied for the visa, the petitioner, or it can be another person, which has been selected by the applicant and listed on Form DS-3032, Agent of Choice and Address.

Appointment Package: This is a letter, which includes documents telling the applicant the date of their visa immigration interview. There will be forms included in this package, which the applicant must fill out prior to the interview and instructions of what they need to be prepared for this interview.

Canceled Without Prejudice: This is a stamp used by the embassy or consulate on a visa. When there is a mistake or it is a duplicate visa. This does not affect the validity of another visa. It will not mean that the individual cannot apply for another visa, as long as they hold a valid passport.

Change in Status: A change in status from one nonimmigrant visa status to another nonimmigrant status visa during a stay in the U.S. is permitted. This is only possible for some nonimmigrant visa holders and must be approved by the USCIS, prior to the authorized stay expiring.

This is a small sampling of the important visa processing terms, and the immigration lawyer South Dakota will be able to explain any of these terms in greater detail. These are crucial terms for the applicant, their family or petitioner to understand when it applies to the specific visa either being applied for or held by the individual.

Holiday and Medical Treatment B-2 Visa Applications

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Entering the United States as a citizen of another country, whether it is for a vacation or medical treatment, a valid visa will be necessary. Without a visa, it will not be possible to enter the U.S. for either purpose. The planned travel that is recreational, including tourism, amusements, visits with friends or relatives, social or fraternal occasions, participation by amateurs in musical or sporting events, are all in the B-2 visitor’s visa classification. Planned travel to study a short course, of less than 18 hours per week and that is not for credits toward a degree, such as a cooking class with no credits earned. This classification is also appropriate for the person, who plans to travel to the United States for medical treatment. The consular officer can help to determine if this visa category is the right one, for the intended travel to the United States.

Qualifying for a B-2 Visa

There are specific rules and regulations for this type of visa classification and the individual applying must meet the regulations in order to have the visa approved, under the Immigration and Nationality Act. Applicants must prove:

  • The reason for the visit to the United States is for pleasure, business or medical treatment.
  • The duration of their stay will be limited to 90 days or less.
  • They can prove they have sufficient funds to cover their expenses, while visiting the United States.
  • They have convincing economic and social ties abroad.
  • The individual must prove they have a residence outside of the U.S. and other ties to ensure they will return to their own country, after their visit to the United States.

The individual applying for this type of visa will normally apply at the U.S. Embassy or Consulate within the jurisdiction of their permanent residence. The visa application will go through a process of review, which requires that the individual apply well in advance of their planned travel. This process will include an interview for applicants between the ages of 14 and 79, applicants who are younger than 13 or over the age of 80 usually will not be interviewed.
Making an appointment for the interview will be the beginning process of the visa application, and the waiting time can vary. During this interview, an ink-free digital fingerprint scan will be done. There will be documentation required to submit with the application, and this will include:

  • Evidence showing the purpose of the trip and the intent to leave the United States, with arrangements and costs to cover the travel.
  • Applicants who do not possess sufficient funds, must provide evidence that another person will provide the support. This must be convincing evidence or the visa will not be approved.
  • There may be other evidence or documentation required, which is on an individual basis. The U.S. Embassy or Consulate officer will be able to explain any other documentation necessary, for the individual’s application.

The South Dakota immigration lawyer can explain the B-2 visa process to the family or person in the United States, who are waiting for a visit from a foreign national. One thing the immigration lawyer South Dakota will reiterate is the applicant should apply for the visa much earlier than their projected time of travel to the U.S., since it takes time for the review process during the visa application approval.

Answers to Common Visa Questions

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Often, there are visa applications and renewal’s questions, some of these are frequently asked questions, while others need the experience of a South Dakota immigration lawyer. The questions that are generally asked include:

Question: What types of visas are available to enter the United States?

Answer: There are over 20 different nonimmigrant visas for travel into the United States temporarily and even more types of immigration visas to become a permanent resident in the U.S.

Question: How do I know what type of Visa to Apply for?

Answer: The type of visa to apply for will depend on the purpose of traveling to the United States, such as the fiancé of a U.S. citizen or the individual who is being seasonally employed. Everyone will require a different type of passport.

Question: Once the visa is approved it will allow me to enter the United States without any further process?

Answer: Having an approved visa does not guarantee being able to enter the U.S., it permits travel to a U.S. port of entry, where a Department of Homeland Security U.S. Customs and Border Protection immigration inspector will either authorize or deny admission into the United States.

Question: My visa is valid, but my passport has expired, do I need to renew it before traveling to the United States?

Answer: Yes, you will need a valid passport, along with your visa to enter the United States. The passport should be renewed prior to traveling to the U.S., or you will not be permitted to enter the country.

Question: How long will I be able to remain in the U.S.?

Answer: Having a visa does not ensure you will be permitted entry into the United States, but if you have been permitted into the U.S., then the amount of time that you will legally be able to remain in the country will depend on the type of visa you have applied for, with the nonimmigrant visa being for a shorter duration, than the permanent resident visa. The U.S. Department of Homeland Security, U.S. immigration inspector will provide you with a small white card, which is a Form I-94 Arrival-Departure Record in your passport. This contains a specific date, in which you must leave the United States by and shows your permission to be in the country.

Question: When a nonimmigrant visa is going to expire shortly, and I would like to renew it, will I have to go through the entire visa application process again?

Answer: The short answer is yes, any time you need to renew a visa. You will be required to go through the whole application process again. In some cases, it may not be required to go through the interview again, when renewing a visa.

These are some of the commonly asked questions and while this is information that can be found or requested from the USCIS officials, there are other immigration questions that are not as common. These questions can be answered by the South Dakota immigration lawyer; since this is the area of the law they have a complete knowledge of and can provide legal representation when necessary for more serious immigration issues. It is important to realize that the rules and regulations for visas can change. This is one of the areas the immigration attorney Montana stays informed and can answer this type immigration lawyer questions.