Under immigration law, since Lita overstayed her visa, she could apply for a waiver to change her status and avoid deportation through her marriage to U.S. citizen. However, since she has committed a criminal offense, permanent …show more content…
Whether or not an alien is eligible to apply for asylum as well as be granted it depends on if he/she meets specific requirements. The question here is whether or not Dr. Enstein will be granted asylum since he has applied for it. The issue here is that the president of Dr. Enstein’s home country has openly vowed to destroy his religion, its’ literature as well as its members. As a result, Dr. Enstein has since become fearful of returning to his home country due to the possibility of being persecuted. Under immigration law, if an individual meets the definition of a refugee, is already present in the United States, and files for asylum within a certain time period, he/she is eligible to apply and possibly be granted asylum. Although it is known that Dr. Enstein did not overstay his visa, it is important to determine when he applied for asylum. Depending if it was less or more than a year from the time of his entry into the U.S., will determine whether or not his case meets the specific requirements to have asylum …show more content…
will be granted an I-30 or EB5 visa. There are multiple issues in this case. The first issue is that Carlos Jr. wants to adjust his status within the United States by one or two means, but could possibly be denied by both. The second issue is if he applies for adjustment of status through an I-30 visa his drug trafficking background would disqualify him. The third issue is if he applies for adjustment of status through an EB5 visa his money investment will be questioned. Under immigration law when an alien marries a U.S. citizen or lawful permanent resident, he/she is then considered a “immediate relative” and is eligible to adjust his/her status to a permanent resident by filing a I-30 petition and I-130 form. However, if the alien is deemed inadmissible, permanent residency will be denied. Although Carlos Jr. has married a U.S. citizen, his involvement in the drug trade of Colombia makes him inadmissible.
When it comes to the EB5 visa program, one of the main requirements is the applicant validating the legal source of assets and funds. Since Carlos Jr. was previously a Drug Lord, it can be guesstimated that his money is not from a legit source. If Carlos Jr. is unable to prove the legality of his investment, he will not meet the requirements for the