Immigration Process Problems

Problems in the US immigration process can cause delays.

Encountering a problem during the immigration process can cause delays in issuing a visa or green card. Being informed about potential problems before applying helps potential immigrants to ensure a smooth process with minimal delays. Some potential problems include previous overstays, administrative review, name hits on an FBI or criminal name check and failure to meet the requirements of the visa.

Requirements Failure

One of the potential pitfalls is a failure to meet the initial requirements for the visa. For family based visas, this can be a failure to prove a genuine family relationship by documentation. In the case of spouse visas, a proxy marriage or marriage that isn't considered bona fide will cause problems with the immigration process. Fiancee visas can only be applied for by U.S. citizens and only for a beneficiary who has been met in person within the past two years. Work visas require the employer and employee to provide evidence for a number of conditions, including that the position is genuine and the immigrant has the appropriate credentials.

Previous Overstays

Staying in the United States past the allotted time will also cause delays and problems in the immigration process. When entering the U.S., a date is stamped on the immigrant's I-94 card, which is then stapled into the passport. If a person stays past this date, they begin accruing overstay time. The length of time on the overstay can lead to five-year, 10-year and permanent bans from receiving a visa or entering the U.S.

Name Hit

During the immigration process, extensive name and background checks are conducted. A name which matches a name in any of the government databases requires additional research. If an immigrant has a particularly common name, it is not unusual for a match to appear. This can cause a delay in the immigration process and even lead to a visa denial.

Administrative Review

Administrative review causes delays in the immigration process and can be called upon by a U.S. Citizenship and Immigration Services (USCIS) consular officer for a number of reasons, including a name check, verification of evidence or further research. If additional information is required, this can also trigger administrative review until the information has been presented by the immigrant.

Criminal Record

A criminal record is often a bar to entry into the U.S., whether this is on the visa waiver program or obtaining another visa. Those who have committed crimes which fall under the broad definition of "crimes of moral turpitude" are barred from entering the U.S. To obtain a visa, a waiver must be presented and granted. This can be a tricky process and may require assistance from a lawyer to prepare a strong case.

References

• VisaPro: Oops! I overstayed my Visa
• Security name checks and administrative review Revised: January, 2006 GARY G. BALA