Can My Political Trends Affect My Immigration Case?
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Spanish Video Above Translated In English Below
U.S. Immigration Cases & Policy
In any immigration case, we must meet certain requirements to obtain a favorable case.
In the United States, the U.S. Citizenship and Immigration Services (USCIS) establishes certain parameters to be met to obtain these immigration benefits.
At the same time, certain situations may make us ineligible to obtain an optimal result in our procedure.
One of these situations could be having political leanings that could be considered a risk for the country.
Any activity that may be related to terrorism, violence, or espionage is sufficient grounds for a person to be denied an immigration case.
Can My Ex’s Political Ideology Ruin My Immigration Case?
For this type of immigration case, it’s very important that the immigrant has in hand the documents of that divorce because we cannot hide the previous marriage they had.
Normally, we find our clients in fear in this type of situation, but if you are currently an immigrant who is fleeing your country due to the politics that is administering the same, it is a requirement of the process that we deliver a copy of the divorce with that ex who sympathized or even was part of a political party, to also demonstrate that your current marriage is legal and is bona fide.
This is not part of a migration case when talking about political issues.
Whenever a foreign person is applying for either a Visa or residency, there are certain eligibility rules that person has to meet.
Most of those rules are based on the immigrant’s immigration history, immigration background, and criminal record, but other requirements have to do with terrorism, persecution, and torture of others, or espionage.
Concerning the political leanings of the immigrant or a relative, we will give the example of Communism. This applies if a person has been a participant in the Communist Party or is currently affiliated with the Communist Party.
If this political belief belongs to someone else, such as a spouse, father, or mother, it will not affect the immigrant.
In this type of immigration case, there are exceptions if for example, the person came to the United States from a country in which they belonged or was affiliated with a communist party, and the person must have these exceptions or pardons to get a job, food or whatever they will need.
At Lincoln-Goldfinch Law Firm we have represented many people who have been affiliated members of the communist party, and all of them have followed their immigration case to the letter and have received their immigration status because of it.
Can Communist Political Leanings Affect My Immigration Asylum Case?
If a person was involved with communism in the past, it does not count against that person.
If leaning into the communist party was compulsory or was something the person had to do or had to do because it was necessary to go to school or get a job, there are exceptions.
A waiver is available if the person was involved with communism, and a waiver can also be requested if the person has family members who are residents or U.S. citizens.
We have worked with many people fleeing from countries where communism is obligatory or almost obligatory, in the sense that it is necessary to live in the country or not to suffer persecution.
We have explained and demonstrated this in court, as there are exceptions where our clients qualify and we have won asylum, residency, and other immigration cases on this basis.
Why Does USCIS Care About Communism?
There are important parts of immigration law that date back to the history of the United States. Around the 80s and 70s, the country was struggling against this political specter of communism.
Also, the immigration agency has questions on many immigration applications about sympathy with the Nazi Government or Nazi Party of Germany even though this took place many years ago, yet the U.S. Government. still asks about this because it is still in effect in the immigration laws.
The United States is characterized by freedom and democracy that has been founded from history and the battles that were fought to seek this social relief.
It is very important that the USCIS immigration agency currently takes these issues seriously for immigration cases because unfortunately they are still realities in some parts of today’s society.
Can Social Networks Affect Your Immigration Case?
When we talk about what you are posting on social networks, we advise to be careful what you are posting, but this also applies to family and friends you have on your social networks.
Normally, the immigration agency is not reviewing the applicant’s social networks, but in certain cases, they request information on all of the immigrant’s social networks.
In these cases, we have to give them your username on Facebook, Instagram, Tik Tok and anything else immigration may ask for.
In the immigration case of Asylum, sometimes they check the social networks of each person who is applying, so we advise you to be careful in what you are posting on social networks.
When a person is applying for an immigration case, and their friends on their social networks who are posting things about communism, we have immigration protection because of the exceptions mentioned above, but when we talk about drug trafficking or terrorism or things like that, those are more serious cases, and we have to be careful with that.
The simple fact that a person is in any way connected to drug trafficking or narcotics can affect the immigration case, whether it be for asylum, a Visa, residency, or citizenship.
Even if the immigration agency has some sort of evidence that the person is involved with these issues, it can result in ineligibility for the immigration case.
Can I Apply For VAWA From Mexico If There Were False Papers?
A VAWA case is based on a person who has suffered emotional or physical abuse from a citizen or resident partner or family member.
It is true that in this immigration case the person who suffered this type of abuse had to have occurred here in the United States, but, the person can apply for a Visa from outside the country.
There is a process in which the person petitions for immigration here in the United States, and when their immigration case is approved, they are sent to a Consulate in their country of origin to continue with the process.
The eligibility rules apply to VAWA cases as well, so certain aspects, such as permanent punishment, apply to people who have been in the United States for some time without permission or legal documentation, have left, have been deported, and have attempted to re-enter.
Such persons normally have to wait ten years outside the United States before they can apply for a waiver to return.
There are certain protections for people who apply in a VAWA immigration case if they can show that the reason they left the United States and did not return is connected to the abuse.
If those persons can qualify for a waiver of the permanent bar, then it is possible to do this process without having to wait 10 years of permanent bar.
When an immigrant files false papers, especially where they are claiming to be a U.S. citizen, it is a little bit different, because this is a very serious thing in immigration law and sometimes there are no waivers available for these types of situations.
Chances are that for most people going through such a situation, there may not be an opportunity to move on.
Whatever your immigration case is, it all depends a lot on the details of what happened in your story, and that’s why you need to talk to a trusted immigration attorney to find out when it happened, what happened, and how old you were when it happened.
We must make sure that there is a waiver available to you because immigration law has changed a lot over the years, so we want to make sure that there is a waiver available to you.
Can You Be Arrested For Your Political Trends?
In general, it is not something we see often, but immigration is reviewing an immigration case, they are mostly focused on a list of eligibility rules.
If a person was part of communism, they will want to check. Whether he was part of the Nazi Party or the Nazi Government, they want to know.
If the applicant participated or was involved in any way with acts of terrorism, espionage, or in the persecution or torture of another person, they will want to know.
Usually, the immigration agency is not interested in the applicant’s political trends.
There is only an interest when people’s activities cross the line between politics and terrorism or persecution, and that is when there are serious problems.
When a person is requesting Asylum, they declare that they had political activities in their country, and that is why he had to flee their country, because they suffered torture or whatever he suffered, in this case. USCIS wants to know what happened so they can decide on your asylum immigration case.
If I Am A Democrat Or Republican, Can I Get A Visa?
USCIS will not ask or know what your political trends are because in fact it is forbidden to ask about such political leanings, to seek this information, or even to consider this information in your immigration case.
Neither in interviews nor court hearings have we seen these types of questions asked because it is not something important for the officer working on the immigration case.
Can Immigrants Vote Or Participate In Political Campaigns?
In most states in the United States, people have to be U.S. citizens to vote, and certainly, to vote in federal elections in this country, you must also be a U.S. citizen.
To donate money to a political campaign or to work on a political campaign, a person must have temporary or permanent residency or be a U.S. citizen.
You can participate in a political campaign if you are in a volunteer role, in which you have no leadership role and are just participating to help organize the office or things like that.
There are limitations on participation and donations to political campaigns, usually for U.S. residents and citizens.
If My Political Ideology Is Not The Same As That Of The U.S. Can You Take My Residence?
No, and this is because when an immigrant is already a resident of the United States, they have protections in their immigration case.
For the Government to take away residency, a person must qualify under certain circumstances, for example, having committed certain crimes may result in the removal of residency.
Aspects of an individual’s way of thinking, such as political opinions, are not grounds for them to lose his U.S. residency regardless of their political trends.
Should you have additional questions about your political tend, asylum, or your specific case, you may contact us at (855) 502-0555. After a brief 10-minute evaluation of your case over the phone, we will let you know your options. You can also follow us on our social networks so you don’t miss our weekly broadcasts on Facebook, YouTube, and Twitch.
Frequently Asked Questions About Immigration Case & Political Trends
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