New York Immigration Blog

In order for someone to enter the United States through an employment visa program or under a family visa because a loved one already resides in the United States, the person applying has to pass a relatively thorough background check. The government in the United States will continue to perform background checks each time you reapply for an extension to your visa or a change to your status.

However, even if you already have a visa and are in the United States legally, your status could become vulnerable if you wind up arrested and charged with certain criminal offenses in the United States. Understanding which criminal offenses will have the greatest bearing on your immigration status can help you navigate the complex immigration and legal systems more effectively.

Foreign nationals in New York can get a J-1 visa if they qualify as an exchange visitor under the definition used by U.S. Citizenship and Immigration Services. The J-1 visa applies to some people who are entering the country to work and also to some who are not. People can work under their J-1 visas only by the terms of the exchange regulations.

J-1 visas may be available for people who are entering the country to participate in a program that has been approved for purposes of instructing, lecturing, teaching, observing, studying, conducting research, demonstrating special skills, consulting, receiving graduate medical education or receiving training. The program is designed to foster the exchange of people, skills and knowledge in arts, education and science. Some examples of people who may qualify as exchange visitors include research assistants, trainees, scholars or professors, students, specialists, au pairs, teachers and camp counselors.

New York residents who are planning on marrying a foreign national may be able to legally bring them to the United States. This is done by filing Form I-129F and obtaining the K-1 nonimmigrant visa. To qualify for this visa, an individual must plan on marrying the partner within 90 days, and the marriage must be seen as a legitimate attempt by two people to start a life together.

Furthermore, the wedding must take place in the United States and after the visa has been obtained. Individuals who marry foreign nationals prior to bringing them to the United States generally cannot bring them to the country with this type of visa. After a legitimate marriage becomes official, the foreign national may be allowed to apply for permanent residency status. This is true if a couple gets married within 90 days of an individual obtaining the K-1 visa.

It is not uncommon for people in New York to have questions about immigration eligibility categories. Many who are already citizens or permanent residents have family members who need sponsors, and people who are seeking permanent residency may have family members who are able to sponsor them. In order to sponsor a relative's immigration into the country, a person must first be a permanent resident or a citizen and be able to support the relative at 125 percent of the poverty line.

Citizens can petition for a related foreign national to be allowed to immigrate if they can demonstrate that the foreign national is a spouse, unmarried child less than 21 years old, unmarried child of the citizen over the age of 21 or married child of the citizen. If the citizen is at least 21 years old, he or she is free to petition for the immigration of a brother, sister or parent who is a foreign national. Permanent residents can petition for immigration only for their spouses or for an unmarried daughter or son of any age.