Spotlight on Founding Immigration Attorney Miatrai Brown: What Opened Her Eyes to Immigration Miatrai Brown, Esq. is the Founding Immigration Attorney of Direct U.S. Immigration. She is a featured immigration attorney in the St. Stephen’s & St. Agnes School’s magazine, The Saints Life , in their Spring 2022 Issue. In her chat with The Saints Life, she discusses what immigration means to her and what first opened her eyes to immigration and the global mobility space. Although she enjoyed her time working in both the public and private sector, she ultimately decided to open her own immigration law firm so that she could provide clients with individualized attention and quality legal services. When she’s not practicing law or mentoring, she enjoys spending time with her family, traveling, and exploring new restaurants in the D.C. area. Direct U.S. Immigration is a full-service immigration firm that handles all types of immigration matters, including visas, green cards, citizenship, and more. If you are interested in learning more about immigration law or if you need assistance with an immigration matter, contact Attorney Brown and her team at Direct U.S. Immigration today! We look forward to hearing from you soon!
U.S. Citizenship and Immigration Services (USCIS) Announcement of Automatic Employment Authorization Document Extension: Temporary Final Rule Overview On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an increase to the automatic extension period for certain Employment Authorization Documents (EADs) from 180 days to 540 days. This Temporary Final Rule (TFR) was published on May 4, 2022, went into effect immediately and is valid through October 15, 2025. USCIS is soliciting comments on the TFR that must be submitted on or before July 5, 2022. This article will discuss an overview of the Temporary Final Rule for the Automatic Employment Authorization Document extension, what an automatic extension is, what immigration benefits may be affected by this extension, and how employers should update their I-9 compliance practices in response to this change. What Is An EAD? An EAD is a work permit that gives foreign nationals the ability to work in the United States for a specific period of time. An EAD can be granted to those who are legally authorized to work in the United States but do not have a green card or work visa. The work authorization conferred by an EAD is usually valid for one year but can be renewed as long as the foreign national continues to meet the eligibility requirements. USCIS To Mitigate Some Gaps in Employment Authorization The Automatic Employment Authorization Document Extension Rule allows certain EADs to be automatically extended for up to 180 days upon filing for a renewal prior to the expiration of the current EAD. The Automatic Extension Rule applies to EADs that are set to expire on or after March 30, 2020, and have been previously extended by USCIS. The TFR increases the automatic extension period from 180 days to 540 days. This change will provide work authorization relief to those who may have difficulty renewing their EADs due to the COVID-19 pandemic. USCIS has stated that the purpose of this rule is “to minimize disruptions in employment authorization and work status during the current national emergency.” USCIS will continue to adjudicate applications and petitions as usual. However, due to the COVID-19 pandemic, there may be delays in processing times. USCIS is encouraging those who may be affected by this to file their applications and petitions as early as possible. Revalidating Work Authorization on Form I-9 Employers should update their I-9 compliance practices in response to this change. All employers must complete Form I-9 for each employee hired after November 1986. The I-9 form requires the employer to verify the identity and work eligibility of the employee. Employers should use this opportunity to review their I-9 compliance practices and make sure that they are up to date with the latest changes in work authorization requirements. The USCIS announcement can be found here: [USCIS Announcement of Automatic Employment Authorization Document Extension: Temporary Final Rule Overview ]. Comments on the TFR can be submitted on or before July 05, 2022, through the Federal eRulemaking Portal here . Comments may also be submitted by mail or hand delivery to: Director, Regulatory Management Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW, Washington, DC 20529-2100. If you have any questions about this announcement or how it may affect your work status or immigration benefits, please contact our office. Our experienced immigration attorneys can help you navigate the ever-changing landscape of U.S. immigration law and ensure that you are in compliance with all work authorization requirements. Please note that this is only a summary of the USCIS announcement and is not intended to be legal advice. For more information, please contact our office to speak with an attorney. Direct U.S. Immigration is dedicated to helping individuals, families, and employers navigate the complex world of U.S. immigration law. Schedule your consultation to discuss your specific case.
What is a visitor visa? B visas (or visitor visas) are for foreign nationals who wish to visit the United States. Those visiting for business purposes are categorized as B-1. Those visiting for tourism are categorized as B-2. Visitor visas allow for stays in the United States of up to 6 months. With a B1 visa, you can perform activities related to your employment in the United States. This could include, but is not limited to: – completing business transactions, – consulting with associates, – conducting research, – attending conferences, and/or – and negotiating contracts. Note that this work must not involve any gainful employment in the United States. If you have a B2 visa in the United States, you may engage in tourism. This could include, but is not limited to: – visiting tourist attractions in the United States, – visiting friends or family, – receiving medical treatment, – participating in social events, – participating in amateur competitions, and/or – or enrolling in the course of study, not for credit. Our office can help you determine which visa is the most appropriate for you. What are the benefits of a visitor visa? Visitor visas have many benefits, which include: • You do not need a pre-approved visa petition from the US Citizenship and Immigration Services (USCIS); • You can apply at your nearest consulate; • You do not need a sponsor; • One application can permit multiple visits to the US for an extensive period of time (up to 10 years); and • You can receive multiple visitor visas over your lifetime. Who needs a visitor visa? If you are not a permanent resident or do not have a valid visa, you may need to apply for a B visa. Keep in mind that some individuals are eligible for the Visa Waiver Program (VWP). This program is managed through ESTA (Electronic System for Travel Authorization). You are not eligible for a B visa if you are coming to the US to: study, work, be part of a paid performance, as a crew member on a ship or aircraft, for work in foreign press or other information media, or as a permanent resident of the United States. Who is eligible for a visitor visa? To be granted a visitor visa, you must show evidence that: 1.You have a valid reason to visit the United States. To obtain a visitor visa, you must support your reasons for coming to the United States. Again, some of the acceptable reasons for the B1 include: completing business transactions, consulting with associates, conducting research, attending conferences, negotiating contracts, and observing American business practices. For the B2 visa, some acceptable reasons include: visiting tourist attractions in the United States, visiting friends or family, receiving medical treatment, participating in social events, participating in amateur competitions, or enrolling in a course of study, not for credit. 2.You have sufficient funds to cover the duration of your stay. In order to be approved for a B visa, you must demonstrate that you have the financial ability to cover your entire stay. If you cannot pay independently, you can provide evidence that your Employer or relative will support you. 3.You will return to your home country following the visa’s expiration. In order to be approved for a B visa, you must prove that you have a residence abroad. You must show that you will return following the completion of the activity for which you are seeking a visitor visa. Be prepared to explain your itinerary and discuss your plans to return home in your consular interview. Visitor Visa Process Getting a visitor visa is a multistep process. The process may vary depending on the individual US embassy or consulate. An immigration lawyer can help you through this process. Here is a general outline of the process followed by a more detailed explanation: • Submit Form DS-160 • Upload photo • Pay visa fees • Schedule your US tourist visa interview • Prepare other documents • Attend the visa interview • Arrival in the United States If you have any questions regarding any of the information in this guide, or if you’re interested in hiring Direct U.S. Immigration to handle your immigration case, feel free to email us directly at inquiry@directusimmigration.com. My team and I are highly responsive, and we would be happy to help you.
This is a call to action for all immigrants during Asian American and Pacific Islander Heritage Month . An estimated 9 million immigrants are currently eligible for U.S. citizenship, 2.5 million of whom belong to the Asian American and Pacific Islander (AAPI) community. It is more important than ever that we come together and empower our communities by becoming citizens. In honor of AAPI Heritage Month, the National Partnership for New Americans (NPNA) is launching a new digital campaign urging all eligible AAPI immigrants to take the plunge and become citizens! In honor of AAPI Heritage Month, a new digital campaign calls on all eligible Asian and Pacific Islander immigrants to naturalize. The National Partnership for New Americans (NPNA) is the immigration advocacy organization behind the campaign in partnership with another nonprofit, Asian and Pacific Islander American Vote. The effort is focused on raising awareness about the importance of citizenship and the many benefits that come with it, such as the right to vote, run for office, and participate fully in civic life. For too long, the AAPI community has been underrepresented in the political process, and NPNA believes that increasing citizenship rates among AAPIs will help change that. With nearly 9 million people eligible for citizenship nationwide, the AAPI community has the potential to make a significant impact on the country’s immigration policy. NPNA is urging all eligible AAPIs to take advantage of their right to become U.S. citizens and help shape the future of America. The National Partnership for New Americans (NPNA) is the immigration advocacy organization behind the campaign in partnership with another nonprofit, Asian and Pacific Islander American Vote. “Naturalization affirms our shared values as Americans, but it also empowers AAPI citizens to participate in our democracy fully,” said NPNA Co-Director Gustavo Torres in a statement. “We urge all eligible AAPI immigrants to take this important step.” The digital campaign includes a website with resources on the naturalization process and personal testimonials from AAPI immigrants who have already naturalized. “Citizenship is not only a paper process,” said Manjusha Kulkarni, Executive Director of Asian Pacific Policy & Planning Council, in a statement, “[i]t’s about being part of a community that stands up for you.” What are the benefits of citizenship? Why is it important for AAPIs to become citizens? The benefits of U.S. citizenship are numerous, but some of the most significant ones include the right to vote, run for office, and participate fully in civic life. For too long, the AAPI community has been underrepresented in the political process, and NPNA believes that increasing citizenship rates among AAPIs will help change that. With nearly nine million people eligible for citizenship nationwide, the AAPI community has the potential to make a significant impact on the country’s immigration policy. In addition to having a say in how our country is run, U.S. citizens also enjoy certain protections that non-citizens do not, such as the right to a fair trial and freedom from deportation. Citizenship also allows immigrants to access government benefits and services, such as healthcare and education, that can help them to improve their lives and reach their full potential. NPNA is urging all eligible AAPIs to take advantage of their right to become U.S. citizens and help shape the future of America. Becoming a U.S. citizen is an important way to participate in our democracy, but it is also a way to protect yourself and your family. If you are an AAPI immigrant eligible for citizenship, we urge you to take action today and schedule a consultation with us! Visit the Direct U.S. Immigration website for more information on how to naturalize, or talk to an immigration attorney about your options. Together, we can make a difference.
What is an Employer Sponsored Green Card? The United States has many different ways for a foreign national to become a permanent resident (green card holder). Some options require you to invest in a United States business. Some options are available if you have immediate family members who are US citizens or green card holders. Other options are available for people who have a United States company that is willing to sponsor their green card through a job offer, and this is called an employer-sponsored green card. To get an employer-sponsored green card, a United States company will file various immigration forms with the United States Citizenship and Immigration Services (USCIS) on the employee’s behalf. The employer is considered the petitioner (the party filing the immigrant petition with USCIS), and the employee is the Beneficiary (the party directly receiving immigration benefits). Based on the employer’s actions on the employee’s behalf, the employer is considered the sponsor. What are the Benefits of an Employer Sponsored Green Card? • Ability to live and work in the United States. • The employee’s spouse and unmarried children under 21 years old also qualify for green cards (as dependents). • Direct route to a 10-year green card (no 2-year “conditional” green card). • Lower standards for approval compared to EB1A “extraordinary ability” and National Interest Waiver standards. • No investment required. • Eligible to naturalize to become a US citizen after 5 years. What is the Process of Getting an Employer Sponsored Green Card? Getting an employer-sponsored green card is a 3-step process. First, your Employer is required to get an approved Labor Certification from the United States Department of Labor (DOL). Second, your Employer must file an immigrant petition on your behalf (Form I-140). Third, you must either adjust your status (Form I-485) or apply for your immigrant visa (Form DS-260). Let’s now discuss each of these steps in more detail. Labor Certification • The first step in getting a green card through employer sponsorship is for your Employer to get an approved labor certification from the United States Department of Labor (DOL). This process is in furtherance of the “PERM” step. • The immigration laws seek to protect the US workforce’s interests, wages, and working conditions. Therefore, before you immigrate to the US, the DOL must certify a shortage of qualified workers. • This process requires your Employer to test the US labor market to see if there are any qualified US workers to fill the position they are offering to you. • Your Employer must make good-faith efforts to hire a qualified US worker by advertising the available job opportunity and considering the qualifications of all US applicants. • Your Employer must also get a prevailing wage determination from the National Prevailing Wage Center by filing a Form ETA 9141. • Your Employer must then file an Application for Permanent Labor Certification with the Department of Labor (ETA Form 9089). Immigrant Petition • Once your Employer has an approved labor certification application, you can proceed with the next step, which is to file the immigrant visa petition with the United States Citizenship and Immigration Services (USCIS). • Many employer-sponsored green cards fall under 2 visa categories: EB-2 and EB-3. The appropriate category will depend on the job requirements and the individual credentials of the Beneficiary. • EB-2: This category is generally appropriate if the position requires an advanced degree. An advanced degree is a US bachelor’s degree (or foreign equivalent) plus several years of experience. • EB-3: This category is generally appropriate if the position requires a professional, skilled worker, or unskilled worker. Generally, a “professional” holds at least a US baccalaureate degree or a foreign equivalent. A “skilled worker” is capable of performing skilled labor (labor that requires at least 2 years of experience or training). An “unskilled worker” is capable of performing unskilled labor (labor that requires less than 2 years of experience or training). Adjustment of Status or Immigrant Visa Processing • Once USCIS approves the immigrant visa petition, the next step is to adjust your status or apply for your immigrant visa. • Adjustment of Status: An adjustment of status is converting whatever status you currently have to permanent resident status. To adjust status, there must be a visa number available, and you must file Form I-485 with USCIS. The entire process is handled within the United States. You must be physically present within the United States to adjust your status. In many cases, your adjustment of status application can be filed at the same time as your immigrant visa petition. By concurrently filing both forms, you can significantly reduce the overall processing time. • Immigrant Visa Processing: Immigrant visa processing, also called “consular processing,” is obtaining an immigrant visa at a US consulate or embassy abroad. To get your immigrant visa, you must electronically file a Form DS-260. You will also be required to attend an immigrant visa interview at your home country’s US consulate or embassy. Upon successfully completing the interview, an immigrant visa should be issued to you within a week unless administrative delays occur. Immigrant visa processing is typically done if you are not physically present in the United States, are not ineligible to adjust your status, or do not want to complete the processing inside the US. What are the Requirements to Get an Employer Sponsored Green Card? Employer Requirements 1. United States Employer • Your Employer must be based in the United States. • The position offered must be based in the United States. 2. Permanent Full-Time Position. • The position offered must be a permanent, full-time position.. • Full-time means at least 35 hours per week.. • Permanent means that the position should be for an indefinite duration. Temporary positions do not qualify. 3. Bona Fide Job Opportunity. • The position being offered must be considered a bonafide job opportunity. • With respect to this requirement, the DOL seeks to determine that the job opportunity is an actual position
The Department of Homeland Security (DHS), in partnership with the Department of Veterans Affairs (VA) and the Department of Defense (DoD), introduced two online resources to support noncitizens who have served in the U.S. military and their families. The resources are part of the Immigrant Military Member and Veterans Initiative (IMMVI). The resource is a one-stop resource page and online portal for veterans who need help accessing their Veterans Affairs (VA) benefits or applying to return to the United States. The initiative provides information on various topics, including immigration, employment, education, and housing. It also includes a directory of organizations that provide support to immigrant veterans. The IMMVI is a welcomed addition for veteran immigrants who have often had difficulty accessing services and benefits due to their status. With these new resources, veteran immigrants will be able to navigate the system better and access the support they need. This is an excellent move by the US government, and we hope that it will make a difference in the lives of those who have served our country. Through IMMVI, veteran service organizations (VSOs) will have access to a veteran-specific call center, which will offer veteran-specific case management services. In addition, the website provides links to other agencies that provide benefits and services to veterans, such as the Department of Labor’s Veterans’ Employment and Training Service (DOL-VETS) and the Small Business Administration’s Office of Veteran Business Development (SBA-OVBD). The website also contains information on how to apply for U.S. citizenship through military service and a directory of state veteran benefits offices. The US government has taken a great step forward in helping those who have served our country by introducing these online resources. Thank you, Department of Homeland Security, for taking this initiative! We are grateful for your dedication to veteran immigrants and your commitment to helping them access essential services and benefits. Thank you for your service! Are you a current or former U.S. Military Member living outside the United States and have questions regarding this topic? Schedule a consultation with one of our experienced attorneys today, or call us at 1 (888) 853-4833! Visit Direct U.S. Immigration to learn everything about immigration!
Introduction to Getting a Green Card Through Marriage As the spouse of a US citizen or permanent resident, you are eligible to apply for your green card. The basic idea is that you may qualify for a green card through a valid and legitimate marriage to a US citizen or permanent resident. To get a green card through marriage, your US citizen or US permanent resident spouse must file a Form I-130 on your behalf. Your spouse is the petitioner (person filing the petition), and you are the Beneficiary (person benefitting from the petition). With a green card, you can live and work in the United States, freely travel in and out of the US, attend US schools, and eventually apply to become a US citizen. Getting a green card through marriage is not as simple as you might think. Multiple requirements and steps must be carefully followed. Failure to properly file your case or follow each of the required steps can result in your case being delayed or denied. The requirements for getting a green card through marriage vary depending on whether you are marrying a US citizen or a US permanent resident. I will make these differences clear throughout this guide. Benefits of a Getting a Green Card Through Marriage There several benefits to getting a green card through marriage. Here are just a few: • Ability to live and work anywhere in the United States • Eligibility to adjust status in the United States, even if you have overstayed your visa or are out of status (if married to a US citizen). • No need for a US company to sponsor you through a job offer • Ability to freely travel in and out of the US • Your unmarried children under 21 years old can also qualify for green cards as derivative beneficiaries of your case. • Ability to sponsor your relatives once you become a US permanent resident • Access to US schools Process of Getting a Green Card Through Marriage There are multiple steps to getting your green card through marriage. Here’s a quick outline: • Marry a US Citizen or Lawful Permanent Resident • File Form I-130 • Marriage Interview • File for Adjustment of Status/Consular Processing • Conditional Permanent Resident Status (if married under 2 years) • Removal of Condition to Become Unconditional Permanent Resident • Naturalization (Optional) If you have any questions regarding any of the information in this guide, or if you’re interested in hiring Direct U.S. Immigration to handle your immigration case, feel free to email us directly at inquiry@directusimmigration.com. My team and I are highly responsive, and we would be happy to help you.
The Department of Homeland Security requires that all U.S. employers verify the identity and employment authorization of individuals hired for employment in the United States through Form I-9. Part of that verification has in-person requirements. Due to the COVID-19 pandemic, more employees work exclusively in a remote setting. This article will discuss the I-9 verification process, how COVID-19 has affected this process, and how U.S. Immigration & Customs Enforcement (ICE) has responded to the changes by allowing extensions on the I-9 compliance flexibility. U.S. Immigration & Customs Enforcement (ICE) has announced that employers will be granted a 60-day extension for I-9 compliance in light of the COVID-19 pandemic. This announcement comes as a relief to many businesses struggling to keep up with the new normal. The I-9 verification process is critical for all employers. It is important to understand how COVID-19 has affected this process and what steps you need to take to be compliant. As background, all U.S. employers must complete the I-9 form for all new hires, including citizens and non-citizens. The I-9 form is used to verify an employee’s identity and employment authorization and must be kept on file by the employer for a minimum of three years after the date of hire or one year after the date of termination, whichever is later. The I-9 form requires some basic information about the employee, such as their name, date of birth, social security number, and address. In addition, the I-9 form requires the employee to provide documentation that proves the employee is authorized to work in the United States. This can include a passport, green card, or other employment authorization document. The I-9 form consists of three sections: Section 1 is to be completed by the employee, Section 2 is to be completed by the employer, and Section 3 is to be completed if the employee is subject to reverification or rehire. As of April 1, 2021, the requirement that employers inspect employees’ Form I-9 identity and employment eligibility documentation in-person applies only to those employees who “physically report to work at a company location on any regular, consistent, or predictable basis.” If employees were hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19 related precautions, they are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) under Section 274A of the INA until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier. Additionally, employers may be unable to timely inspect and verify, in-person, the Form I-9 supporting documents of employees hired since March 20, 2020, due to the affected employees being no longer employed by the employer. In such cases, employers may memorialize the reason(s) for this inability in a memorandum retained with each affected employee’s Form I-9. Any such reason(s) will be evaluated, on a case-by-case basis, by DHS ICE in the event of a Form I-9 audit. Despite these flexibilities, this does not preclude employers from commencing, in their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020. While this extension is welcome news for many businesses, it is important to note that the I-9 form must still be completed. Employers who fail to do so may face penalties from ICE. If you have any questions about I-9 compliance or how COVID-19 has affected the process, please contact Direct U.S. Immigration today. We can help ensure that you comply with all I-9 requirements and help you avoid any penalties from ICE. This blog post is not intended to be legal advice. Book a consultation with us today to understand the specifics of your case.
A new report from the Georgetown Law Center shows that the Immigration and Customs Enforcement (ICE) agency routinely spies on most Americans, violating privacy laws. The report was based on a two-year investigation and found that ICE operates outside of the National Security Act of 1947 and other successive privacy protection laws. This raises serious concerns about how ICE is monitoring American citizens. The Immigration and Customs Enforcement (ICE) is responsible for carrying out the federal government’s immigration policies. However, a new report shows that ICE is also spying on most Americans, despite privacy laws . The report reveals that ICE has access to many data sources, including phone records, email records, social media posts, and even location data. In addition, ICE has been using this information to target immigrants for deportation . Privacy advocates have long expressed concerns about the government’s ability to collect and use personal data without consent. The new report confirms these fears and raises serious questions about the need for reform. The National Security Act of 1947 established the CIA, FBI, NSA, and military intelligence as agencies tasked with gathering information to protect the United States from foreign and domestic enemies. These agencies are prohibited from carrying out overreaching activities on American soil to protect citizens’ privacy. In the 1970s, new laws were enacted to further safeguard against government overreach after it was revealed that the FBI had been carrying out political spying. A new report shows that ICE has been spying on Americans en masse despite these laws. This revelation is especially troubling given the Trump administration’s hardline stance on immigration. The privacy rights of Americans are being increasingly eroded, despite laws meant to protect them. The new report alleges that ICE has been carrying out a mass surveillance operation on immigrants, using a network of private companies to collect and store data on them. This data includes their personal information, social media posts, and location data. The report also alleges that ICE has shared this data with other federal agencies, including the FBI and the NSA. The report was based on a two-year investigation by the Georgetown Law Center on Privacy and Technology , which found that ICE created a large-scale surveillance system through the sophisticated and highly invasive dragnet surveillance system to reach the lives of millions of ordinary people living across the country, from undocumented immigrants to U.S. citizens alike. ICE has sidestepped privacy laws in states like California, which ban sharing utility information with immigration authorities. Yet, ICE has purchased hundreds of millions of Americans’ utility records through data brokers, in which those Americans have no say or knowledge. The report also highlights how this dragnet surveillance targets not just undocumented immigrants but affects everyone living in the United States, as their data is being swept up in this mass invasion of privacy. To date, ICE has scanned the driver’s license photos of 1 in 3 adults, ICE has access to the driver’s license data of 3 in 4 adults, and ICE can locate 3 in 4 adults through their utility records. As more and more information is shared and collected without our consent or knowledge, it’s more important than ever to be aware of how our data is being used. This report from the Georgetown Law Center raises serious concerns about how ICE is monitoring American citizens and highlights how ICE operates outside of the bounds of certain privacy protection laws. ICE has sidestepped privacy laws in California, which ban sharing utility information with immigration authorities, yet ICE has purchased hundreds of millions of Americans’ utility records through data brokers. The ACLU is calling for an investigation into these allegations and for Congress to pass laws to protect immigrants’ privacy better. A report from the ACLU has revealed that ICE is overreaching its efforts to establish an effective role in the Intelligence Community by conducting laptop searches, behavioral profiling, targeting political groups, monitoring lawful protests, and reviewing domestic satellite surveillance. Let us know what you think about this in the comment section below. Please share this post to raise awareness about ICE’s mass surveillance operation and how it affects our privacy rights.
Marijuana is decriminalized in some states and even legalized for recreational use in others. But what does that mean for your U.S. immigration application? Can you still be denied because you’ve smoked pot in the past? In this article, we’ll discuss how marijuana use is treated under U.S. immigration law and whether it can impact your application. Drug Scheduling While marijuana use is decriminalized in some states and even legalized for recreational use in others, it is still considered a controlled substance under U.S. federal law . This means that immigration officers can still consider an applicant’s past marijuana use when deciding on their immigration application. While marijuana use alone is not grounds for denial, it can be a negative factor when considering other factors such as criminal history or lack of ties to the home country. Therefore, it is important to be honest about your past marijuana use on your immigration application, as lying about it could result in a denial or even prosecution. Grounds For Inadmissibility In the United States, immigration law is governed by the Immigration and Nationality Act (INA). The INA contains a list of grounds for inadmissibility, which are reasons why an immigrant could be denied entry into the United States. One ground of inadmissibility is drug abuse or addiction , and marijuana is included in this category. However, immigration officers have discretion when deciding whether an applicant is inadmissible on this ground. They will consider the amount of time that has passed since the applicant last used marijuana, the frequency of use, and whether the applicant has made any effort to quit. In addition, immigration officers will also take into account whether the applicant is applying for a green card or citizenship. If the applicant is applying for a temporary visa, such as a tourist visa, immigration officers are less likely to deny the application based on past marijuana use. Therefore, while marijuana use can still impact your immigration application, it is not necessarily a disqualifying factor. What To Do Next? So, what does this mean for your immigration application? Can you still be denied entry into the United States if you have smoked pot in the past? The answer is maybe. It depends on some factors, including which state you’re coming from, why you’re trying to enter the country, and what type of immigration application you’re filing. The bottom line is that marijuana use can have an impact on your U.S. immigration application, but it depends on several factors. If you’re concerned about how your past pot use may affect your immigration status, it’s best to speak with an immigration attorney . At Direct U.S. Immigration, we can help you understand the specific laws and regulations that apply to your situation.
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