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Frequently Asked Questions

Welcome to Escalante Law, where I provide immigration law services to clients all across the United States. Below I have prepared a curated selection of some immigration law frequently asked questions that I receive at my office. I am Marisol Escalante, an immigration lawyer with over 20 years of experience. If you are not able to find the answer to your question on my immigration law FAQ, then you can call my Parker, Colorado office or Baltimore, Maryland office for help. You can also send me an email seeking additional information. If you are a prospective client, I offer free initial consultations so that you can discuss your case with me.

What Does the United States Citizenship And Immigration Services (USCIS) Consider When Granting Immigration Status?

Generally, when the federal government agency charged with adjudicating immigration claims makes a decision, they will consider a broad range of factors including:

  • Whether you are the immediate relative of a United States citizen or a lawful permanent resident already in the country
  • Whether you can find a permanent job or job opportunity in the United States that falls under their criteria
  • Whether you are currently investing in the United States and involved in creating or sustaining jobs domestically
  • Whether you qualify as a refugee who fulfills the eligibility standards for that legal status

These are just a few standards that the USCIS will consider in their decision making process, but it is by no means an exclusive or exhaustive list.

What Is The Diversity Lottery Program?

The diversity lottery program is a system that the United States operates to promote immigration from countries they do not receive many applicants from. The government will look to see if they have received no more than 50,000 applicants within the last five years from a country, and if that is not exceeded then the country is added to the program.

While in the program, applicants are randomly selected to receive a diversity lottery immigrant visa. The reason that it is a lottery is because fewer visas are granted then there are applicants to the program every year. As of 2021, 55,000 visas were distributed out of a total of 11.8 million applicants.

What Can Lead To Someone Being Deported?

Generally speaking, deportation is a punishment reserved for people who are currently staying in the United States, and have violated certain immigration or criminal laws. Deportations are carried out by the federal government, and some states participate in programs that voluntarily transfer criminals to them for deportation processing, while other states will not transfer anyone for deportation. This varies on a state by state basis around the United States. The consequences of being deported beyond simply being removed from the United States will also involve a period of time where the deportee is barred from reentering the United States legally.

Can A Foreign Fiancé Or Spouse Be Brought To the United States?

Yes, if you are a U.S. citizen there are pathways to bringing your spouse or fiancé to the United States lawfully and for them to get their lawful permanent residency. A K1-Visa allows for your fiancé to be brought to the United States and requires that you be married within 90 days of entry. A K-3 Visa allows you to bring your spouse to the United States in a similar fashion.

Contact My Office If You Have Other Questions

Unfortunately, I cannot answer all of your questions here because as an immigration attorney, I need to have a better understanding of your situation in order to provide you with an accurate assessment of your case. You can call my Denver metro office at 720-896-3989, or you can send me an email with a brief description of your situation and what you need. I provide free initial consultations to all of my prospective clients, so do not hesitate to reach out to me today.