Category: Guides

If you are or have faced persecution or serious threats in your country of origin due to your race, religion, nationality, membership in a particular social group or for having different political opinions, the Political Asylum process in the United States becomes a resource invaluable legal for you.

In the United States, there are two main procedures for applying for asylum: the affirmative process and the defensive process.

Affirmative Asylum:

This type of asylum is for people who are not facing removal or deportation proceedings. To qualify, you must have entered the U.S. with valid status or not have been inspected at the border. Additionally, you must file your asylum claim within one year of your last arrival in the country.

Defensive Asylum:

On the other hand, defensive asylum is requested when you are under removal or deportation proceedings. This means you are in removal proceedings before the Immigration Court with the Executive Office for Immigration Review (EOIR).

When is it classified as defensive asylum?

There are two main situations:

If you are referred by USCIS to an immigration judge after your affirmative asylum application has been determined to be ineligible.
If you have been arrested at a U.S. port of entry without proper legal documentation, in violation of your immigration status, or if you have been arrested by CBP attempting to enter the U.S. without proper documentation and are in deportation proceedings.

Credible Fear:

When an individual faces expedited removal proceedings and declares their intention to seek asylum due to a fear of persecution, torture, or return to their country, they will be referred to USCIS for a credible fear assessment. In this assessment, an officer will conduct an interview to determine whether the applicant truly faces a credible fear of persecution or torture.

If a credible fear is determined, USCIS may withhold the asylum application to consider the applicant's eligibility for withholding of removal and protection under the Convention Against Torture (CAT) in a second interview, known as an asylum merits interview. Otherwise, USCIS may issue a Notice to Appear before an immigration judge for consideration of the asylum case, withholding of removal, and CAT protection claims.

In short, the political asylum process in the United States is a vital legal resource for those facing persecution or serious threats in their home countries. We hope this information is helpful in your immigration process. For more content on this and related topics, follow us on Instagram @asisvisa.

If you're considering marrying a U.S. citizen or permanent resident, you may have considered the path to the coveted Green Card. This is one of the most common ways to obtain permanent residency in the United States and, eventually, citizenship. But how exactly does this process work? Is it legal to marry for the sole purpose of obtaining immigration benefits? Here's everything you need to know to make an informed decision.

Marriage in Good Faith: The First Crucial Step

Before even considering applying for a Green Card through marriage, you must be certain that your union is genuine and in good faith. This means your marriage must be real and cannot be solely for immigration purposes. Marrying for the sole purpose of obtaining a Green Card is considered fraud and can have serious legal consequences, including deportation from the United States. It is crucial to be able to demonstrate that your relationship is authentic and based on love and mutual commitment.

Benefits of the Green Card

The Green Card provides a number of significant benefits, including the ability to travel outside the country, work anywhere you want within the United States, and even apply for U.S. citizenship after a certain period of time.

Conditional Green Card

If you have been married for less than two years when you receive your Green Card through marriage, it will be "conditional." This means you can maintain your permanent resident status as long as you remain married to your spouse and your circumstances do not change in a way that makes you ineligible. It's important to note that you cannot renew a conditional Green Card based on marriage, but you can petition the government to remove these conditions within 90 days before your conditional Green Card expires. If you do not, you will no longer be considered a lawful permanent resident and could face deportation.

Requirements to Apply

Some of the fundamental requirements for applying for a Green Card through marriage include:

• The petitioner must be a U.S. citizen and reside in the United States.
• Marriage must be in good faith and genuine.
• The couple must be legally married, either in the United States or abroad.
  The petitioner must have sufficient financial means to support the beneficiary spouse.
  It's important to keep in mind that these are just some of the basic requirements and that the process can vary depending on individual circumstances. It's advisable to seek legal advice or consult with an immigration expert for specific guidance on your situation.

Obtaining a Green Card through marriage can be a complex but rewarding process for those seeking permanent residency in the United States. However, it is crucial that the marriage be genuine and based on love and mutual commitment, and not simply a means to obtain immigration benefits.

Can you imagine living in the United States, enjoying its opportunities and lifestyle? It's not an unattainable dream! Through the Adjustment of Status process, those who hold nonimmigrant visas, such as students or temporary workers, can become permanent residents and take one step closer to the coveted Green Card.
The first step to achieving your American dream is understanding the adjustment of status requirements, which can vary depending on your immigrant category. Find out if you qualify for a specific category and start shaping your future without leaving the United States!

With Sponsor:
Do you have a U.S. company willing to back you? You're one step closer to achieving your goal! Through employment visas like EB-2, EB-3, or EB-1, you could obtain the coveted Green Card. It's time to let your talent open doors to new opportunities and a stable life in the United States.

To petition for yourself:
If you excel in the arts, sciences, or business, the path to permanent residency can be even more accessible. With the EB-2 NIW (National Interest Waiver) visa, you can showcase your exceptional skills and achievements without having to go through the cumbersome labor certification process. Get ready to open doors to your future in this country full of possibilities!

Family Request:
Both permanent residents and U.S. citizens have the opportunity to petition for their immediate relatives. However, it is important to understand the differences in the types of relatives each category can petition for. Citizens can petition for their spouse, unmarried children under 21, parents, and siblings, while permanent residents can only petition for their spouse and unmarried children under 21.

Process Steps:

1. Visa presentation by your family member or employer.
2. Determining the type of request, considering whether it is immediate or based on family or employment.
3. Knowledge of the priority date, which marks the beginning of the process.
4. Filing Form I-485 to request Adjustment of Status.
5. Scheduling an appointment for biometric data.
6. Possible interview, if required by USCIS.
7. Receipt of the decision by USCIS, through a written notification.

Don't wait any longer to begin your journey to permanent residency in the United States! Learn about your options, follow the necessary steps, and make your American dream a reality with a Green Card through Adjustment of Status!

Transform the Dream of Permanent Residency into Reality

Imagine having your loved ones close by, sharing life in the United States with you. Would you like to make this dream a reality? All you need to do is file a Family Petition, and this guide will walk you through each crucial step.

Step 1 – Eligibility:

Verifying eligibility is the first crucial step. If you are a U.S. citizen, you can petition for your spouse, unmarried children under 21, parents, and siblings. For permanent residents, the petition can be filed for spouses and unmarried children under 21.

Step 2 – Inside or Outside the U.S.:

Depending on the location of the beneficiary family member, the process may vary. If they are within the United States, they can adjust their status; if they are outside, they will need to complete a consular process.

Step 3 – Forms: Essential Documentation

Complete Form I-130, making sure it is properly filled out and signed. For adjustment of status, Form I-485 is essential. For consular processing, Form DS-160 is required.

Step 4 – Evidence:

Submit documents that support the family relationship, such as birth certificates, marriage certificates, and, for permanent residents, a copy of the Green Card. Add financial evidence such as tax returns, bank statements, and employment letters.

Step 5 – Submit the Petition:

The citizen or legal permanent resident must submit the completed forms along with all required evidence.

Step 6 – Assessment and Interview:

Prepare for a possible interview, where the information you provided will be reviewed and your eligibility verified. This step will determine whether your case is approved or denied.

Step 7 – Obtaining the Green Card: A New Chapter in Your Life

If your petition is approved, an immigrant visa will be issued. Once in the U.S., the beneficiary can obtain a Green Card, marking the beginning of their new life. After five years, they will be eligible to apply for U.S. citizenship.

With this step-by-step guide, you're ready to embark on the Family Petition process and reunite with your loved ones in the United States. With perseverance and diligence, you can transform that cherished dream into a lifelong reality. Onward to a future filled with family reunions in the USA!

Discover the EB-2 NIW Visa and Obtain Your Permanent Residency

In the past, obtaining a Green Card in the United States was largely tied to marriage to a U.S. citizen. However, today, if you are a professional with a master's degree or five years of experience in your field, there is an option specifically designed for you: the EB-2 National Interest Worker (NIW) visa. In this blog, we will explore the benefits of this visa and the process for obtaining your Permanent Residency.

You Don't Need a Sponsor: A Significant Change in the Process

Unlike most employment-based visas, the EB-2 NIW visa does not require a job offer from a U.S. employer or sponsor. This change significantly simplifies the process and gives professionals more freedom to pursue opportunities in their field.

Essential Requirements to Qualify

To be eligible, you must demonstrate that you are a specialized professional or possess exceptional skills in the sciences, arts, or business. Furthermore, it is crucial to demonstrate how your project will contribute to American society. Tangible evidence is required, such as letters of recommendation from experts in your field, publications, patents, or media coverage related to your work.

Step-by-Step Process: From Initial Assessment to Case Award

1. Initial Assessment: An initial evaluation of your professional profile is carried out to determine your eligibility.
2. Deposit and Contract Signing: Once viability is confirmed, you proceed to make a deposit and sign the contract with AsisVisa, the agency specializing in immigration advice.
3. Professional Adjustment: We work on professional adjustment, preparing your profile to meet the requirements of the EB-2 NIW visa.
4. Document Reception and Application Preparation: The necessary documents are collected and the application is prepared.
5. Application Review and Submission: A thorough review of the application is carried out before it is submitted.

Processing Time: Speed and Efficiency

The EB-2 NIW visa, because it doesn't require the standard labor certification process, typically has faster processing times compared to other employment-based visas. Furthermore, there's the option to expedite the process even further with the Premium processing service, which guarantees case adjudication in as little as 15 days.

If you're an experienced professional or possess exceptional skills, the EB-2 NIW visa offers a unique opportunity to obtain permanent residency in the United States without being married. Start your application today, discover the possibilities that await you, and take the first step toward your future in the United States. Your Green Card is waiting for you!

If your plans have taken an unexpected turn and you now dream of something different in the USA, you can easily change course! Imagine this: you entered as an au pair, but now you want to begin your academic studies in the USA. What to do? Applying for a change of status is the key!

Before embarking on this exciting journey, take some time to research the available options and select the status that best aligns with your goals and dreams. If you'd like to complete the process at your own pace, in Spanish, and with expert guidance, I'll explain everything!

Gather all the necessary documents. This is key to the success of your application. You must have entered the USA legally, have a valid visa for the entire process, demonstrate the financial capacity to cover housing and study costs, and show ties to your country of origin.

The change of status process has an average processing time of 8 to 14 months, during which time you can remain in the United States. It is crucial to consider the length of your authorized stay before beginning the process. Planning ahead will allow you to manage your time effectively and increase your chances of success.

Remember to leave nothing to chance; it is imperative to carefully review every aspect of the status change you are about to make. Make sure you have all the necessary documents in order and keep in mind your authorized period of stay. Meticulous attention to these details will make all the difference in the success of your process.

I hope this guide is helpful and motivates you to embark on your journey to change your status. Good luck on this exciting adventure!

Welcome, travelers and adventurers! In the fascinating landscape of the United States, many foreign visitors with tourist visas find themselves with the opportunity to extend their legal stay. But, as with any great story, there are important details you shouldn't overlook. Join me as we explore the complete guide to a successful visa extension in the USA!

When to Apply for a Visa Extension?

The key date for requesting a visa extension is not the visa expiration date, but the date shown on your I-94 form. We suggest waiting at least three months in the United States before submitting your request. Avoid waiting too long; it is recommended to do so at least 45 days before your authorized stay expires.

You must meet certain requirements:

• Having entered the U.S. with a non-immigrant visa.
• Maintain a record free of criminal records or violations of non-immigrant status.
• Make sure your stay has not expired (this is crucial and you should pay special attention to the date indicated on your I-94 Card, not the visa expiration date).

Fee Payable for Visa Extension

The current cost of a visa extension is 1,437 USD, although these fees may vary. Therefore, it is vital to check the most up-to-date information on the official USCIS website.

How many times can you request an extension?

There is no maximum number of extension requests, but the total term limit is 1 year. It is not possible to chain extensions beyond this limit.

Mistakes to Avoid

1. Accumulating irregular presence, even for just a few days, can have significant consequences.
2. Traveling to nearby countries does not automatically renew the I-94 Card.
   Respect the purpose of the visa: remember that it is only for tourism, not for working or studying full-time.
   With this guide, you'll be ready to navigate the US visa extension process with confidence and success! Remember, every detail counts on this incredible journey. Good luck on your visa extension and exploration in the United States!

The E-2 investment visa represents a valuable opportunity for entrepreneurs and business owners who wish to make substantial investments in the United States. This type of visa is available to citizens of countries that maintain trade and investment treaties with the United States. Below, we explore some of the key advantages offered by the E-2 visa:

1. Multiple Entries: Facilitating Investment Management

One of the main advantages of the E-2 visa is the ability to make multiple entries and exits from the United States. This means that visa holders can manage and oversee their investments and businesses in the country more efficiently. This travel flexibility is essential for businesspeople who require an active presence in their U.S. operations.

2. Renewable Duration: Long-Term Sustainability

Although the E-2 visa is initially issued for a limited period, the good news is that it is renewable. As long as the business and investment continue to meet the established requirements, visa holders can extend their stay in the United States. This feature provides a long-term perspective for entrepreneurs who wish to maintain and expand their operations in the country.

3. Job Opportunities for Dependents: Family Integration

The E-2 visa not only benefits the primary visa holder but also offers employment opportunities for their direct dependents, such as spouses and children under 21. These family members can obtain dependent visas, allowing them to live and work in the United States for the duration of the primary visa. This flexibility facilitates family integration and supports the business in various capacities.

4. Flexibility to Change Business: Adapting to Circumstances

The E-2 visa gives holders the freedom to change businesses, as long as the new venture meets the visa eligibility requirements. This flexibility is invaluable, as it allows entrepreneurs to adjust their business strategies based on market opportunities or changing economic circumstances.

It is crucial to note that specific benefits may vary depending on individual circumstances and application details. Therefore, applicants are strongly encouraged to seek advice from an immigration attorney or contact U.S. Citizenship and Immigration Services (USCIS) for up-to-date information and personalized guidance. The E-2 visa represents a strategic pathway for entrepreneurs seeking to establish and grow their businesses in the United States.

If you're eager to reunite with your spouse in the United States, you've come to the right place! Here are three key ways to complete this process and help your loved one become a legal immigrant. Read on to learn more about each option.

Marriage Petition and Adjustment of Status:

If you and your spouse are already in the United States, the Marriage Petition through Adjustment of Status process might be the best option for you. This application allows your spouse to remain in the country during the process and, if approved, gives them the opportunity to obtain the coveted Permanent Residency.

It's important to note that if you're a U.S. citizen, you have the advantage of an unlimited number of visas available. However, if you're a legal resident, visa availability is limited, and your spouse could face a waiting list, with wait times of up to two years or more.

Consular Marriage Petition:

If your partner is currently in their home country and you wish to build a life together in the United States, a Consular Marriage Petition is the right path. After visa approval, your partner can travel to the United States and begin the process of obtaining permanent residency.

Fiancé(e) Visa:

This option is specifically designed for foreign fiancés of U.S. citizens. After arriving in the United States, the couple has 90 days to marry. Once married, the foreign spouse can apply for adjustment of status to obtain permanent residency and continue building their life together in the United States.

It is essential to keep in mind that immigration procedures can change, and it is recommended to consult the official USCIS website or seek legal advice for accurate and up-to-date information. Furthermore, immigration laws can vary, and each case may present unique circumstances.

Get ready to begin this exciting journey with your spouse toward a new life in the United States! Remember to stay informed about legal updates and any changes in procedures to ensure a smooth process. Good luck in this new chapter of your lives!

Have you ever wondered who you can petition to bring your loved ones to live with you in the United States? Don't worry, we're here to answer those questions and guide you through the different family petition options!

First you need to understand this:

American Citizens	Permanent Residents
American citizens have visas UNLIMITED for their immediate family members.	Permanent Residents have visas LIMITED for their immediate family members.*
Immediate family members: - Spouse. – Civil or biological parents, – Stepfather for those who married the biological father of the citizen before the American citizen turned 18. (Only applies to stepfathers or until the child turns 18 years old). – Unmarried biological or civil children under 21 years of age.	Immediate family members. – Single children under 21 years of age. - Spouse. NOTE: Having accumulated irregular presence makes you inadmissible for applying for Permanent Resident status.
Non-immediate relatives: (Only applies to citizens) - Siblings. – Married children.	*If the visa is not listed in the visa bulletin, it cannot be requested. Adjustment of Status, which is done within the United States, cannot be requested if there is a backlog in the visa bulletin.

Now that we have that information clear, I'm going to tell you about the different family requests:

Request for Parents:
If you are a U.S. citizen and at least 21 years old, you can apply for permanent residence (Green Card) for your parents (mother or father).
Please note that permanent residents cannot make this request.

Marriage Proposal:

Both citizens and residents can apply to marry their partner.
In the case of citizens, couples will be able to adjust their status (within the USA) or go through consular processing (outside the USA) without any problem.
Meanwhile, resident couples will have to choose whether to adjust their status or go through consular processing, depending on the waiting list.

Petition for Children:
Both U.S. citizens and permanent residents can sponsor their children to live and work in the United States as permanent residents.

Remember that children of residents must be under 21 years of age.

Children's Request:
To bring your sibling to live in the USA and become a permanent resident, you must be a US citizen and over 21 years of age.

Note: Permanent Residents cannot petition for siblings to be beneficiaries of the Green Card.

Parents' Request:
If you are a U.S. citizen and at least 21 years old, you can apply for permanent residency (Green Card) for your parents.

Please note that permanent residents cannot make this request.

This is the perfect opportunity to get the family together. Ready to get started?