4 FAQs about US Immigration That You Were Afraid to Ask
Do you have your heart set on moving to the United States but have questions that you’re just too afraid to ask? Fear not, as we’ve put together answers to some of the toughest questions in our US immigration FAQ below.
1. Can I move to the US if I have a criminal record?
The answer really depends on the type of crime you’ve committed. For instance, you won’t be denied entry for a single DUI (Driving Under the Influence) conviction, although multiple convictions combined with other misdemeanors could cause you problems. Crimes of moral turpitude (also known as CIMT) may also prevent you from moving to the United States.
According to the US Customs and Borders Protection: “Generally, any convictions for drug possession can result in denial of entry. If the conviction was long ago, you might contact the US Embassy Office of Consular Affairs in your country to obtain a waiver. Other misdemeanors may result in denial if they were recent.”
2. Can I move to the US with my same-sex partner?
In a word, yes. As of summer 2013, gay married couples now have equal visa privileges. At the time, Secretary of State John Kerry clarified: “As long as a marriage has been performed in the jurisdiction that recognizes it, then that marriage is valid under US immigration laws. Every married couple will be treated exactly the same, and that is what we believe is appropriate.”
3. Do I lose my visa if I lose my job?
If you have a TN visa, it’s important you renew it before the expiration date (which can be found on Form I-194) and maintain your employment. You no longer have your TN status if you have lost your job or failed to renew, and it would then be against US immigration laws to continue working once the TN status has expired. Furthermore, once you’ve lost your job or been fired, you are not only not allowed to work for a new employer, but you are also expected to leave the United States immediately.
4. If I’m deported, can I come back to the US?
It really depends on your circumstances. If you were ordered removed (or deported) from the U.S., you must remain outside of the country for five, ten, or 20 years and in some cases, you may not be able to return to the U.S. at all.
The good news is, some deportees are able to return to the US on a visa. In order to find out whether this is possible, you should consult a professional immigration adviser to help you explore all the legal options open to you.
Do You Have More Questions about US Immigration?
Each year, thousands of people apply for various US visas on their own, and risk being denied because they have missed something critical or were not clear on the process. With the help of an immigration lawyer, who knows the law inside out and how applicants are successful, your experience is much smoother and results are more attainable.
The lawyers at VisaPlace have over 30 years of combined experience in immigration law. We have heard all sorts of unique immigration questions, and we can answer your questions, too. Getting started is easy. Use our free eligibility assessment form or contact us here to speak to one of our US immigration experts.
About Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more
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