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Many foreign nationals aspire to come to America in hopes of pursuing what many call the American Dream. A foreign national is someone who is not a naturalized citizen in the country they are residing in. In this case, the United States. Anyone who is not a naturalized citizen must legally attain a visa before entering the United States. Once a foreign national acquires a visa, various legal issues may affect their visa status.

 

Entering the United States

To enter the United States lawfully, foreign nationals should properly apply for a visa through the Department of State (the U.S. Embassy) before their entrance. Once the application has been fulfilled, the Secretary of State will review the applicant’s requirements and issue the foreign national their visa, allowing them to legally enter the United States. This process must be done lawfully as how a foreign national enters the United States will affect their visa status. It is considered an unlawful entry if an individual does not legally and properly obtain a visa before entering the country.

 

Extensions

Visa extensions in the United States must be filed with the U.S Citizenship and Immigration Services (USCIS) before the foreign national’s visa stay expires. It is suggested that visa applicants submit their extension applications 45 days before their visa expiration. A foreign national can apply for an extension if they:

  • Have not committed a crime that can make them ineligible for an extension
  • Have not violated admission conditions
  • Have a valid passport that remains valid throughout their stay
  • Have a valid nonimmigrant visa
  • Were lawfully admitted into the United States

It is important to note that if a visa extension application is not completed and the foreign national remains in the United States regardless of their expired visa, they can be removed from the country and even restrained from returning (their visa is cancelled).

 

Foreign Nationals Considered Inadmissible

If a foreign national unlawfully remains in the United States for more than 180 days but less than a year, they can be considered inadmissible and be barred from the country for 3 years after their removal. Unlawfully remaining in the United States for over a year is also considered inadmissible, with a barring of up to 10 years from the individual’s removal. However, there are several exceptions for these rules which may include:

  • Minors
  • Women who are battered and their children
  • Trafficking victims
  • Asylees
  • Family Unity

 

Immigrant Intent

Being approved for a visa extension depends on the reason(s) a foreign national has for their extended stay. Foreign nationals should have the ability to prove that he or she wishes to remain in the country temporarily through a non-immigrant intent (Meaning that the foreign national is not attempting to permanently stay in the United States). If the foreign national wishes to permanently remain in the country, their visa will not be extended as their status will be reverted to “immigrant intent”.

 

Seeking Legal Help

Laws regarding immigration should be consulted with an experienced immigration attorney. At Rivera Law, we are committed to providing clarity and answers for our deserving clients. Contact us for a free consultation today at 561-651-9322.