LGBTQ persons afraid to return to their country because it would be dangerous to be open about LGBTQ identity or because of past trauma, may have a strong claim for asylum in the United States.
“I filed my visa application with United States Citizenship and Immigration Services (USCIS) over a year ago, but despite repeated inquiries, I haven't received a decision! What do I do?”
Many immigrants have heard about the path to a green card through a u nonimmigrant status. A u nonimmigrant status is available to victims of certain qualifying crimes, who suffered mental and physical harm due to this crime, and who were helpful in assisting law enforcement in the investigation or prosecution of that crime.
Due to the current humanitarian and political crisis in Venezuela, many Venezuelans are living in fear and fleeing to escape danger. At least 3 million refugees have fled the country, and it is predicted that in the near future it could be more than 8 million.”1 Civilians impacted by crisis may be eligible for humanitarian protection in the United States. Indeed, many are already in the process of seeking asylum. More than 70,000 Venezuelans have sought asylum in the past four years.
Seeking Asylum in the United States
Any person within the United States has the right to apply for asylum. This right is enshrined both in our law and international law.
The provisional waiver is a way in which to ask for “forgiveness” from the government if you are inadmissible. Inadmissibility can be caused by many things, such as criminal history or derogatory immigration history. The most common inadmissibility grounds involve illegal entries and illegal presence in the United States. If you have been in the United States without status for six months, you can be subject to a three year bar. If you have been present in the United States without status for more than one year, you are subject to a ten year bar. This means that if you apply for a green card, you would be required to spend three or ten years out of the country before you can come back and have a green card.
This analysis was prepared by staff attorney Marissa Malouff from the Immigration Law Office of Los Angeles, P.C. Attorney Malouff is a former USCIS officer and Department of Justice attorney who drafted the decisions for immigration judges in the Los Angeles immigration court. To schedule your consultation with her, call us at (800) 792-9889 or text us at: (213) 375-4084.
A few months ago, I wrote an article regarding the requirements of the E-Visa However, during my consultations, I am repeatedly asked similar questions from entrepreneurs about what it takes to start a business in the United States. Therefore, I decided to write this article to answer in more details, besides the basic immigration requirements, what one can do to start a business in the U.S.