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Some motives not to grant a visa or a green card or permanent residency permit

Although hundreds of thousands of people get visas and green cards each year to enter and live in the United States, in some cases applications may be rejected on the grounds of inadmissibility.

The United States can deny any foreigner entry to the country for one or several causes, and consider a person “inadmissible”. Immigration authorities must verify that the citizen does not pose a danger to society due to his or her state of health, financial affairs, security, violation of immigration laws or criminal motives.

There are more than 20 reasons why a citizen can be considered “inadmissible” to obtain a green card in the country:

• To suffer certain types of contagious diseases or to lack certain vaccines.
• Suffering from physical or mental illnesses in such a way that can cause harm to yourself or others.
• Alcoholism
• Being a drug addict or being convicted of violating any law that regulates illegal drugs, whether in the United States or in any other country in the world.
• Being a drug dealer or participating in that type of crime in any way.
• Being a spouse and/or children of a drug trafficker, if they have received money from drug trafficking in the last five years.
• Having been convicted of an immoral offense.
• Having two or more offenses with a sentence of five years or more.
• Having been convicted of an aggravated felony.
• Exercising or having practiced prostitution or requesting the services of a prostitute (or, if applicable, the male version). This applies for ten years.
• Pretending to obtain immunity not to be processed in the US for a crime and thus getting out of the country.
• Having carried out activities that compromise the security of the United States.
• Having committed or conspired to commit a human trafficking offense. Or being the spouse or child of such person, only if they have benefited from that crime in the last five years.

Motives for which you could lose your visa or your permanent residence or ‘green card’

• Performing or carrying out espionage work or participating in an attempt to overthrow the United States government.
• Performing any activity that could be classified as a terrorist.
• Membership in a totalitarian party, in the communist or in the Nazi party.
• Participating or having participated in genocide.
• Being a public charge or when there´s a high probability of being one in the future.

• Having participated in money laundering in any way or attempting to enter the US to develop such criminal activity.
• Being a doctor or health worker who lacks the proper qualification or certification.
• To be in the United States already, having entered the country illegally crossing the border. Meaning, there was no immigration control at a land office, at a port or at an airport, and therefore no immigration officer admitted or granted a parole to the foreigner who is now applying for the visa or green card.
• Failure to appear in court when summoned during a deportation process.
• Presenting or using a false identification document.
• To falsely assert that you are a citizen of the United States.
• Having reached the US as a runaway.
• To have violated the conditions of a student visa.

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The immigration plan that president Trump supports requests applicants to speak English

The S.354 bill requires that immigrants speak English; it cancels the diversity visa lottery, reduces refugees to half, questions the asylum program and tightens visa requirements. It seems unlikely that it can be approved by Congress.

The S.354 immigration bill that President Trump recently supported includes significant changes which apply since more than 50 years ago and are regulated by the Immigration and Nationality Act of 1965. The bill was promoted by the Trump administration and Republican senators David Perdue and Tom Cotton originally presented it to Senate in February. Nevertheless, it hasn´t gathered enough votes to be approved and it would require support from both parties. The S.354 bill not only changes some concepts included in the Immigration Nationality Act, it also modifies programs that regulate legal immigration to the United States. These are some of the main changes. Visa USA Now recommends you begin your visa procedure before conditions get stricter.

Only immigrants that speak English and that have economic resources

This bill modifies the concept of “immigrant”. In a broad sense, an immigrant is an individual that travels to another country (in this case the USA) with the intention of settling in the country temporarily or permanently. Nevertheless, the Cotton-Perdue bill proposes that an immigrant that enters legally to the USA should have a visa and additionally knows how to speak in English. This individual should also be able to prove that he can subsist financially in the USA during his stay, and significantly contribute to the country.

Diversity visa lottery canceled
The S.354 cancels the diversity visa program or the green card lottery. This program raffles 50.000 green cards every year. Almost 12 million people from all continents apply to this program created by Congress in the year 1990.

Limits refugee program
The limit for refugee visas in the year 2016 (during the Obama administration) was set at a maximum of 85,000, and by 2017 it was expanded to 100,000. The Cotton-Perdue project reduces it to 50,000.

It modifies the asylum program
In 2015 the US government granted 17,878 asylums. 14.4% of those were for Chinese citizens, followed by El Salvador (10,5%), Guatemala (9.6%) and Egypt (8.5%). The S.354 bill requests a reassessment by the Secretary of the Department of Justice, in order to apply some changes to it.

Modifications in the family reunion system
The Cotton-Perdue project modifies the measures governing the request of immediate family members (spouses, children, parents, and siblings) by citizens and permanent legal residents of the US. So far, citizens can request a green card for immediate family members, and residents are governed by a system of quotas and preferences regulated by the Visa Bulletin. The new plan changes the requirements; it does not alter the request of spouses and minors by citizens but leaves out the request of parents and siblings by residents, who actually can be claimed to obtain a residence. As for the elderly parents of US citizens who need to be cared for, the plan states that they will be able to receive temporary renewable visas.

Stricter visa requirements
The bill changes the list of requirements to obtain nonimmigrant visas to ensure that the person who enters the United States only stays the authorized time, does not stay any longer than authorized and does not become a public charge.

Limits waivers on grounds of inadmissibility

This bill modifies the regulation that absolves you for reasons of inadmissibility. Foreigners who cannot enter the United States, but can ask for a waiver to obtain a visa -for example, people that were deported- will be vetoed to obtain a legal re-entry authorization.

Stricter requirements for a work visa

It increases the requirements for obtaining a work visa. Foreigners who want to enter the United States must demonstrate qualifications that are higher than current standards, that they earn enough to support themselves and bring significant benefits to the country. The new standards also include non-professional visa programs.

Term for the stay of non-immigrants

It limits the years that nonimmigrant foreigners who enter the United States can stay. It establishes a period of five years, which may be extended only with the approval of the Secretary of National Security.

Medical insurance

The Cotton-Perdue plan requires that the foreign relatives of citizens of the US that visit the country can prove that they have a valid medical insurance that covers all health cost during their stay in the country.

The interview process for your visa application

Something you should consider is that luck has nothing to do with the outcome of your interview. The embassy or consulate officials make their decisions based solely on the law, regulations, and policies from the US State Department.

Both the personal interview (if required) and the information that the applicant provides through the forms are critical for the visa application process. Due to the large number of people that request a visa on a daily basis, interviews are generally very short. In fact, two appointments are necessary. One of them is to take your biometrics and fingerprints at the Visa Application Center (VAC). The second one is the interview in the embassy or consulate that applies. Yoy should request your appointment at the VAC at least one day before your interview. You can request both appointments through the website by calling +912267209400, +911206602222,+13106165424 in the USA. It´s important that the applicants can clearly and coherently describe his or her travel itineraries and provide precise answers to every question. Inconsistent or incomplete answers that don´t adjust to reality could lead the consular official to believe that the purpose of the trip could exceed the time limit, or that the applicant is ineligible or unqualified for receiving a visa.

Fraud alert

The consequences of fraud are extremely serious and they could mean that you not only lose the opportunity to travel to the US but could also be subject to legal sanctions. The DS-160 form has the following clause that the applicant must sign: “I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct”.

Be on time!

Please arrive at the Embassy at the time of your interview and not after. Visa applicants that arrive late will not be permitted to enter and should contact the Visa Information Center to request a new appointment.

Safety policy

The entry of individuals other than the applicant is not allowed. This rule applies to both US citizens and/or US residents. The only exception to the latter is when the applicant is a minor. Minors can come with one of their parent or whoever has legal custody. In determined cases, the Embassy can allow that handicaps or people with any kind of special need can be accompanied at the time of the interview. You must first go through a security control before entering the Embassy and certain objects are not allowed.

The day of the interview you will go through 3 different stages:

  • Application Process (where your visa application and required documents will be reviewed)
  • Fingerprint verification
  • The interview with the Consular Officer *

* Interpreters: If an applicant does not speak English or Spanish well enough and requires assistance during the interview

After the interview

If your visa application is approved you will receive an email with additional information in the following weeks with information on how to track the delivery of your passport (with a valid visa). Your passport will be sent to the DHL office that you selected at the moment you requested an appointment. You must show your ID and the tracking number that you got from DHL beforehand. In the case of an emergency or any other significant motive that requires you to travel to the US immediately, you can ask a consular official, at the moment of the interview, to speed up the delivery of your passport.

Emergency appointments in the embassy can be granted on a limited basis, only in medial or humanitarian emergencies. It´s important that these appointments be used only for real emergencies. If they find out that you misinterpreted your traveling motives, then those facts will be noted in your file and this could have a negative effect for your interview.

You can cancel the appointment for the interview up to two business days before the date. To cancel the appointment, log in to your profile on the website and click the “Cancel Appointment” link in the menu. Once you confirm, the appointment will be canceled and you can take another appointment. There is no fee for canceling it. You will not get a refund if you cancel it but you can reschedule it. Please note that passports with a valid visa must be picked up at DHL offices within 30 days after they have been delivered.