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What Should You Pay Attention to During a U.S. Visa Interview? What Questions Might You Face?

What Should You Pay Attention to During a U.S. Visa Interview? What Questions Might You Face?

By Asim Kilinc, Immigration Attorney at CK Law Firm

The U.S. visa interview is one of the most critical stages of the visa application process. During this interview, the consular officer will ask questions to understand the purpose of your trip and how long you plan to stay in the U.S. The officer will also try to determine whether you are visiting the U.S. for a legitimate, temporary reason. Therefore, preparing properly for the interview is crucial for a successful outcome. Here’s a detailed guide on what to pay attention to during a U.S. visa interview and the types of questions you may encounter:

  • What is a U.S. Visa Interview, and Why is it Conducted?
  • Preparing for the Interview: What Should You Do?
  • Potential Questions You May Face in a U.S. Visa Interview
  • Tips for the U.S. Visa Interview

If you have further questions about the topic, please don’t hesitate to contact me through the comments section below, send me a message on LinkedIn, or reach out via CK Law Firm’s website, where I am a co-founder.

What is a U.S. Visa Interview, and Why is it Conducted?

Foreign nationals who wish to travel to the U.S. must participate in a visa interview, depending on the type of visa they are applying for. The primary goal of the interview is to assess whether the applicant’s purpose of travel and length of stay in the U.S. are legitimate. Visa officers also consider whether the applicant intends to comply with U.S. regulations and return to their home country after the authorized stay period ends.

The questions asked during the interview may vary depending on the visa type; however, the fundamental purpose of all visa interviews is to ensure that the applicant will not misuse the visa. Therefore, the answers you provide during the interview are critical. Answering questions clearly and honestly will significantly improve the chances of a successful application.

Preparing for the Interview: What Should You Do?

a) Your Appearance and Demeanor

From the very beginning of the interview, you need to make a positive impression on the consular officer. Ensure your attire is neat and professional. Dress as if you were going to a job interview—stylish, orderly, and clean. Staying calm and confidently answering questions will create a positive impression. Try to control any nervousness by taking deep breaths and relaxing.

b) Document Preparation

Make sure all your documents are complete and accurate for the U.S. visa interview. The documents you should bring to the interview include:

  • Passport: A valid passport covering the duration of your stay.
  • DS-160 Confirmation: A completed DS-160 form is a critical part of the U.S. visa application process, and you must bring the confirmation printout.
  • Visa Appointment Confirmation: A document confirming your appointment date and time.
  • Financial Documents: Bank statements, pay stubs, or a sponsor letter proving that you can cover your expenses during your stay in the U.S.
  • Educational or Employment Documents: If you are a student, bring a student certificate from your school. If employed, bring a letter from your employer and your pay stubs.
  • Invitation Letter (if applicable): If you are traveling for purposes such as a job interview, education, or conference, present the relevant invitation letter.

Organizing your documents and having them easily accessible during the interview will make the process smoother.

c) Practice

Rehearsing possible questions before the visa interview will be highly beneficial. Based on previous interview experiences, prepare yourself for frequently asked questions. Keep your answers concise, genuine, and straightforward.

Potential Questions You May Face in a U.S. Visa Interview

The questions asked during the U.S. visa interview can vary depending on the type of visa you are applying for, the purpose of your travel, and your personal circumstances. However, you are likely to encounter questions of the following types:

a) What is the Purpose of Your Trip?

This is almost guaranteed to be asked during the interview. You should clearly explain the purpose of your trip to the U.S. Whether it is for tourism, business, family visit, or education, state your purpose and the duration of your stay clearly. Think through your travel plans before the interview and prepare for possible questions.

Sample Answer: “I am traveling to the U.S. for tourism. My plan is to spend a week in New York, visiting the city’s historical and cultural landmarks.”

b) Who Will You Stay With, and Where Will You Stay in the U.S.?

Questions about your accommodation and contacts in the U.S. are also common. If you plan to stay in a hotel, you may need to provide reservation details. If you plan to stay with someone you know, clearly explain your relationship with them and where you will be staying.

Sample Answer: “I’ve booked a room at XYZ Hotel in New York, where I’ll be staying during my trip.”

c) What are Your Financial Resources for the Trip?

You will be expected to show how you will cover your expenses for accommodation, transportation, and other costs in the U.S. Bank statements, pay stubs, sponsor letters, or scholarship documents can be presented to prove your financial status. This is one of the most critical questions in the interview, as financial capability can directly impact the visa officer’s decision.

Sample Answer: “I have sufficient savings for my trip. I am providing my last six months of bank statements and pay stubs.”

d) Have You Been to the U.S. Before?

If you have visited the U.S. before, the consular officer may ask for details. You should provide clear information about your stay, the purpose of your trip, and your return. If you haven’t visited the U.S. before, respond honestly.

Sample Answer: “Yes, I visited the U.S. for business in 2019 and stayed for one week.”

e) Do You Plan to Return to Your Home Country?

The primary purpose of U.S. visa interviews is to ensure that you plan to visit the U.S. temporarily and do not intend to remain in the country illegally. The consular officer will assess the strength of your ties to your home country. By demonstrating strong educational, professional, or familial connections, you can prove your intention to return.

Sample Answer: “I plan to return to my job and family after my trip. I have ongoing employment and education commitments here.”

Tips for the U.S. Visa Interview

  • Keep Your Answers Short and to the Point: Visa officers expect clear and direct answers. Avoid misleading or unnecessary details. The more straightforward you are, the better impression you will make.
  • Practice Your English: The interview is typically conducted in English. Ensure your basic English skills are sufficient, and practice short conversations to prepare for the interview.
  • Provide Accurate Information: Make sure the information you provide during the interview is consistent with your DS-160 form and other documents. Providing conflicting or incorrect information can lead to your visa application being denied.
  • Stay Calm and Confident: To avoid appearing nervous, answer calmly and in a controlled manner. A confident attitude will leave a positive impression.

Conclusion

The U.S. visa interview requires preparation and attention. Being ready for potential questions, presenting complete documentation, and providing accurate information will increase the likelihood of your visa application being approved. Clearly defining the purpose of your trip and confidently conveying this during the interview are key ways to persuade the consular officer. To succeed in the interview, it is essential to carefully follow every step of the visa process and be thoroughly prepared. For detailed information and consultancy services, feel free to reach us at cklawfirm.org, via email at info@cklawfirm.org, or through LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

By Ozlem Kara, Content Editor at CK Law Firm

On August 27, 2024, the U.S. Department of State (DOS) announced that all available visas for fiscal year (FY) 2024 under the employment-based first preference (EB-1) and fourth preference (EB-4) categories have been allocated. Earlier, on August 16, 2024, DOS confirmed that all visas in the EB-3, EW (Other Workers), and unreserved EB-5 categories had also been issued.

For the EB-1 category, DOS explained that “fully utilizing these visas supports legitimate travel for individuals with extraordinary abilities, nationally or internationally acclaimed professionals, as well as distinguished professors, researchers, and high-level executives and managers from multinational corporations.” In reference to the EB-4 category, DOS highlighted that maximizing the visa allocation “aids in facilitating travel for a diverse group of special immigrants, including religious workers, special immigrant juveniles, certain U.S. government employees, retirees of international organizations, and international broadcasting personnel, among others.”

The visa limits will reset with the start of the new federal fiscal year on October 1, 2024. After this date, U.S. embassies and consulates will be able to continue issuing immigrant visas to eligible applicants in these categories. Additionally, USCIS will also resume processing and approving Adjustment of Status applications (Form I-485) for qualified applicants beginning on October 1, 2024.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

For foreign students wishing to study in the U.S., the F-1 student visa is one of the most common types. In this article, we will cover the steps required to obtain an F-1 visa, the importance of the I-20 form, rights for family members (spouse and children) related to the visa, and how long the application process may take.

  • What is an F-1 Visa?
  • Requirements to Obtain an F-1 Visa
  • F-1 Visa Application Conditions
  • Can Spouses and Children Obtain F-2 Visas?
  • How Long Does It Take to Get an F-1 Visa?
  • Other Important Points for Visa Applications

If you have any questions other than those mentioned here, please feel free to leave a comment below this article, send me a message directly on LinkedIn, or contact me through CK Law Firm’s website, where I am one of the co-founders.

What is an F-1 Visa?

The F-1 visa is issued to students wishing to study full-time in the U.S. It applies to students accepted by an approved educational institution (such as a college, university, or language school). The visa allows students to stay temporarily in the U.S. and reside there during their studies.

Requirements to Obtain an F-1 Visa

To obtain an F-1 visa, the following steps must be followed:

Get Accepted to an Approved U.S. Educational Institution:

To apply for an F-1 visa, you must first be accepted by a school in the U.S. The school you apply to must be certified by the SEVP (Student and Exchange Visitor Program).

What is the I-20 Form, and Why is It Important?

After being accepted by the school, the institution will provide you with an I-20 form. This form serves as an acceptance letter and will be used throughout your education in the U.S. It includes details of your program and financial situation.By submitting the I-20 form, your registration in SEVIS (Student and Exchange Visitor Information System) is created, marking the first step in the visa application process.

Pay the SEVIS Fee:

After receiving the I-20 form, you must pay the SEVIS fee. This fee is essential for your registration in the U.S. immigration system and is a critical step in applying for an F-1 visa.

Complete the DS-160 Form:

To apply for an F-1 visa, you need to fill out the online DS-160 visa application form. This form is used by the consulate to gather information about you. After completing the form, you can continue with the application process by submitting the required documents.

Attend the Consular Interview:

After preparing the DS-160 form and other documents, you must schedule an interview at the U.S. consulate. During the interview, you will be asked about your study plans, financial situation, and how you will support yourself in the U.S. You must bring your I-20 form, passport, and other necessary documents to the interview.

F-1 Visa Application Conditions

To be eligible for an F-1 visa, students must meet the following requirements:

  • Full-Time Enrollment: F-1 visas are only issued to full-time students.
  • Proof of Financial Support: You must present documents proving that you can cover your expenses while in the U.S.
  • Intent to Study: During the consular interview, you must prove that you are traveling to the U.S. solely for educational purposes.
  • Valid Passport: Your passport must be valid for at least six months beyond your intended date of entry to the U.S.

Can Spouses and Children Obtain F-2 Visas?

Spouses and unmarried children under the age of 21 of F-1 visa holders can enter the U.S. on F-2 visas. However, F-2 visa holders are not allowed to work in the U.S. and cannot enroll in full-time studies, though children can attend K-12 schools.

How Long Does It Take to Get an F-1 Visa?

The processing time for an F-1 visa application depends on the country where the application is submitted and the consulate’s workload. Generally, visa applications can take anywhere from a few weeks to a few months to be processed. Therefore, it is advisable to start the application process as early as possible.

Other Important Points for Visa Applications

  • Apply Early: Complete your visa application and schedule your interview well before the academic year begins.
  • Submit Complete Documentation: Ensure that you have all required documents, such as your passport, I-20 form, SEVIS fee receipt, and financial documents.
  • Be Prepared for Visa Denial: Sometimes, visa applications may be denied for various reasons. If this happens, you can reapply after understanding the reasons for the denial.

Conclusion

Obtaining an F-1 visa is an essential process for international students wishing to study in the U.S. Getting the I-20 form and preparing for the consular interview are critical steps. Students must also prove their financial status and demonstrate their intent to study in the U.S. throughout the visa process. Careful attention to these steps and the submission of complete documentation are key to a successful visa application. For detailed information and consultancy services, feel free to contact us at cklawfirm.org, via email at info@cklawfirm.org, or through LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

By Asim Kilinc, Immigration Attorney at CK Law Firm

The United States offers a dynamic and global economy with vast opportunities for entrepreneurs looking to start a business. Establishing a company in the U.S. is not only an attractive option for local entrepreneurs but also for foreign investors. With its large market, strong business infrastructure, and investor-friendly laws, the U.S. is a prime destination for those who wish to start and grow a business. However, the process of forming a company and the legal and financial obligations that come with it require careful attention to specific steps.

  • General Steps to Starting a Business in the U.S.
  • Requirements for Starting a Business in the U.S.
  • Benefits of Starting a Business in the U.S.
  • Important Considerations When Starting a Business in the U.S.

If you have any questions not covered here, feel free to leave a comment below, send me a message on LinkedIn, or contact me through the website of CK Law Firm, a firm specializing in immigration law, where I am a co-founder.

General Steps to Starting a Business in the U.S.

The process of starting a business in the U.S. is open to everyone, including non-U.S. citizens. However, several steps need to be followed:

1. Decide on the Type of Company

Before starting a business in the U.S., you need to determine which type of company best suits your needs. The most common types of companies in the U.S. are:

  • Limited Liability Company (LLC): One of the most popular business structures in the U.S., an LLC offers limited liability and flexible management. Owners (members) are not personally liable for the company’s debts. Additionally, LLCs may offer tax advantages, as income can be passed directly to owners’ personal income.
  • Corporation (C-Corp and S-Corp): A C-Corporation is ideal for large-scale businesses, where owners can grow the company through shares. S-Corporations are usually preferred by smaller businesses and offer tax benefits.
  • Sole Proprietorship: A simple structure for individuals, offering full control to the owner. However, personal assets may be at risk for business debts.

2. Choose the State

You must decide which state you will operate in. Each state has different laws on taxation, business management, and regulations.

3. Choose a Business Name

Selecting your company’s name is important for both business identity and legal requirements. You must ensure that the name is not already used by another business in your state. After registering your business, you can protect this name.

4. Obtain a Tax ID Number (EIN)

When forming a company in the U.S., you must obtain an Employer Identification Number (EIN) from the IRS. The EIN is required for tax filing and to identify your business on a federal level.

5. Prepare Company Agreements and Documents

During the setup process, legal documents such as the Operating Agreement (for LLCs) or Bylaws (for corporations) need to be prepared. These documents outline the company’s management rules and operations. Additionally, you must submit the necessary documents to the state authorities to officially form your company.

6. Open a Bank Account

Opening a business bank account in the U.S. is essential for managing company finances. It also helps to separate personal expenses from business expenses, which is important for accounting and tax purposes.

7. Obtain Licenses and Permits

Depending on your business sector, you may need to obtain various licenses and permits at the local, state, or federal level. For example, if you plan to open a restaurant, you will need health and safety permits.

Requirements for Starting a Business in the U.S.

There are certain legal and financial requirements to start a business in the U.S.:

  • Investor Visa (E-2 and L-1 Visa): Foreign entrepreneurs can apply for a non-immigrant work visa such as the E-2 Investor Visa or the L-1 Intracompany Transfer Visa to start and operate a business in the U.S. The E-2 visa is for citizens of countries with which the U.S. has a trade treaty, while the L-1 visa allows international companies to open a branch or subsidiary in the U.S.

You can find detailed information about E-2 and L-1 visas on our blog!

  • Local and State Taxes: You will need to obtain a federal tax ID number to do business in the U.S. Additionally, you will be taxed according to the state laws where you operate. Tax rates and obligations vary from state to state.
  • Registration Fees: You must pay a registration fee to officially register your company. These fees vary depending on the company structure and the state in which you operate.
  • Employment Laws: If you plan to hire employees, there are many U.S. labor laws and employee rights regulations that you must comply with, including wage, work conditions, and social security obligations.

Benefits of Starting a Business in the U.S.

Starting a business in the U.S. offers various rights and benefits to entrepreneurs:

1. Limited Liability: In structures such as LLCs and Corporations, business owners are not personally liable for the company’s debts and obligations, protecting personal assets.

2. Tax Advantages: Certain states and business structures offer tax advantages. The LLC structure is commonly chosen because of the flexibility it provides in income tax distribution.

3. Global Market Access: A U.S.-based company offers significant opportunities for global market access. With a broad customer base and advanced infrastructure, the U.S. is an ideal hub for international business development.

4. U.S. Residency and Work Rights: Foreign entrepreneurs who start a business in the U.S. may obtain work and residency rights through visas such as E-2 or L-1. These visas allow entrepreneurs to live and work in the U.S. while their business operates.

5. Access to Trade Agreements: The U.S. has numerous free trade agreements with other countries, offering lower customs duties and broader trade networks. Entrepreneurs with U.S.-based companies can benefit from these agreements.

Important Considerations When Starting a Business in the U.S.

While the process of starting a company in the U.S. is full of opportunities, there are certain challenges and risks to keep in mind:

  • Immigration Rules: Foreign entrepreneurs planning to establish a business in the U.S. must have the proper visas and work permits. Professional legal support is essential to ensure the application process goes smoothly.
  • Compliance with Regulations: It is essential to fully comply with federal, state, and local regulations when doing business in the U.S. These regulations vary by sector.
  • Competitive Market: The U.S. has a highly developed and competitive business environment, requiring careful planning and strategy. Preparing a solid business plan and conducting market research are important steps for a successful start.

Given the complexity of the application process and the annual visa quotas, it is important to manage the process carefully. For more information and consultation, contact us at cklawfirm.org, info@cklawfirm.org, or on LinkedIn.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

One of the most effective ways to obtain permanent residency (Green Card) in the United States is through the EB-5 Investor Visa Program. This program, which was established in 1990, offers significant opportunities for individuals looking to invest, contribute to the U.S. economy, and create jobs. By meeting specific requirements, foreign investors can obtain a Green Card for themselves and their families. In this article, we will cover several key aspects of the EB-5 Investor Visa:

  • What is the EB-5 Investor Visa?
  • Requirements for the EB-5 Investor Visa
  • EB-5 Investment Options: Direct Investment vs. Regional Center Investment
  • Which Investment Option is Right for You?
  • The EB-5 Application Process
  • Legal and Economic Risks of the EB-5 Program

If you have any questions not covered here, feel free to leave a comment below this article, send me a message directly on LinkedIn, or reach out through the website of my law firm, CK Law Firm, specializing in immigration law.

What is the EB-5 Investor Visa?

The EB-5 Investor Visa is an immigration program established under section 203(b)(5) of the Immigration and Nationality Act, offering foreign investors the chance to obtain permanent residency (Green Card) in the United States. The program was introduced in 1990 to promote economic growth, reduce unemployment, and create long-term employment. Under this program, foreign investors who make a specific investment and create at least 10 new jobs can obtain permanent residency for themselves and their family members in the U.S.

While the EB-5 program is a popular immigration path worldwide, it involves several requirements and processes that need careful consideration. Key details include the type of investment, job creation requirements, and the investment amount.

Requirements for the EB-5 Investor Visa

Applicants for the EB-5 Investor Visa must meet stringent criteria set by U.S. Citizenship and Immigration Services (USCIS). The primary requirements are summarized as follows:

Minimum Investment Amount: Investors must invest at least $1,050,000 in the U.S. economy. However, for investments in Targeted Employment Areas (TEA)—rural or high-unemployment areas—the minimum amount is $800,000. TEA investments offer economic advantages to investors.

Job Creation Requirement: One of the critical conditions of the EB-5 program is job creation. Investors must create at least 10 full-time jobs for U.S. citizens or lawful permanent residents as a result of their investment. These jobs must be created directly or indirectly within two years. Direct jobs refer to those created within the enterprise itself, while indirect jobs are typically generated through Regional Center investments, reflecting the broader economic impact of the project.

Risk Factor: EB-5 investments must involve some degree of risk. This means the investor’s capital is subject to possible loss or gain depending on the success of the investment. Investors should carefully evaluate the projects they choose and seek legal guidance to make the best decision.

Investment Duration: The EB-5 investor’s capital must remain actively invested in the U.S. for the entire Green Card application process (a minimum of two years) and contribute to sustainable economic growth and job creation.

EB-5 Investment Options: Direct Investment vs. Regional Center Investment

EB-5 investors can choose between two primary investment paths: Direct Investment and Regional Center Investment. Each option offers different benefits and drawbacks in terms of business management, job creation, and investment risks.

Direct Investment:

Direct investment involves starting a business or investing in an existing enterprise. The investor is fully responsible for the operation of the business and has full control over how the capital is managed. Direct investment requires significant involvement and time from the investor.

Advantages: Direct investment allows the investor to have complete control over the business. Investors can personally manage the business’s operations and growth, leading to a more personal and potentially rewarding experience.

Disadvantages: Direct investment demands a high level of responsibility, as investors must manage the business operations themselves. It may require the investor to be physically present in the U.S. and have sufficient business experience. There is also the risk of not meeting the job creation requirements if the business fails to grow.

Regional Center Investment:

Regional Centers are USCIS-approved entities that manage EB-5 investment projects. These projects often involve large-scale infrastructure or real estate developments that contribute to economic growth. Regional Center investments allow for more flexible, indirect job creation.

Advantages: Regional Center investments allow investors to participate in the program without managing the business themselves. This passive investment approach is ideal for those who prefer not to be involved in day-to-day operations. Additionally, Regional Centers often handle larger projects, reducing individual responsibility for the investor.

Disadvantages: Investors in Regional Centers have less control over the project, which may be a downside for some. The success of the investment depends on the management of the Regional Center and external economic conditions.

Which Investment Option is Right for You?

EB-5 investors must choose the investment path that aligns with their goals and business preferences. If you want to actively manage the business, direct investment may be the best choice. However, if you prefer a more passive role with less responsibility, Regional Center investments may be a better fit.

The EB-5 Application Process

The EB-5 application process involves several steps, and investors must submit various applications and documentation, which USCIS will review.

  1. Making the Investment: The investor must invest the minimum amount in a U.S. project. The investment should contribute to job creation. Investors should conduct thorough research and seek legal advice before selecting a project.
  2. I-526 Petition: Investors submit Form I-526, providing evidence of their investment and job creation plan. This petition must include documentation proving the investment is lawful and meets EB-5 requirements.
  3. Conditional Green Card Application: Once the I-526 petition is approved, investors and their eligible family members can apply for a conditional Green Card, valid for two years. During this time, USCIS monitors whether the job creation requirement is met.
  4. I-829 Petition: Before the conditional Green Card expires, investors submit Form I-829 to apply for permanent residency. This petition must demonstrate that the investment has created 10 jobs and met all other requirements.
  5. Permanent Green Card: After the I-829 petition is approved, investors and their family members receive permanent residency in the U.S.

Legal and Economic Risks of the EB-5 Program

The EB-5 program involves complex processes and various risks. Choosing the right project, complying with legal requirements, and understanding the risks of the investment are crucial.

  • Project Failure: If the project fails, investors may lose their capital, and their Green Card application may be jeopardized.
  • Job Creation Requirements: Failure to meet the job creation requirement may result in visa denial, making it essential to choose projects with clear job creation plans.
  • Delays in Processing: USCIS may take a long time to review applications, so timely and complete submissions are critical.

In conclusion, the EB-5 Investor Visa provides a unique opportunity for those looking to live and invest in the U.S. At CK Law Firm, we offer professional consulting services to guide investors through the legal and strategic steps necessary for a successful application. For more information and consultation, contact us via cklawfirm.org, info@cklawfirm.org, or LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

By Asim Kilinc, Immigration Attorney at CK Law Firm

In this article, you will learn about:

  • CBP One App and Asylum Applications: When and how the CBP One app was introduced, how it impacted the appointment process at the border for immigrants, and the technical issues encountered.
  • Legal Regulations: New asylum application rules introduced by the Biden administration and how these rules affect immigrants seeking to apply for asylum at the border.
  • Exceptions in Asylum Applications: How the right to apply for asylum is preserved in exceptional situations, such as unaccompanied minors, technical issues, life-threatening circumstances, and family unity.
  • Alternative Legal Paths: What alternative legal routes are available for immigrants who cannot use the CBP One app or secure an appointment.
  • Legal Challenges: Lawsuits filed against the limitations of the CBP One app and how these lawsuits may affect immigration applications.

In January 2023, U.S. Customs and Border Protection (CBP) launched an updated version of the CBP One app. This app allowed immigrants seeking to make their first asylum application in the United States to schedule appointments at the U.S.-Mexico border. However, the app faced widespread technical problems, and many immigrants did not have access to the necessary technology, lacked language options for non-English speakers, or faced other barriers to using the system. Despite this, beginning on May 11, 2023, cases emerged where asylum claims were rejected by immigration judges for immigrants who did not use the CBP One app at the border. While there are certain exceptions to this rule, the validity of these regulations is still being debated in court.

As an immigration attorney, this article will cover the key information about the CBP One app and how individuals who cannot secure an appointment can overcome barriers to applying for asylum:

Why Isn’t the CBP One App Working?

According to the new rules established by the Biden administration, certain foreign nationals crossing the U.S.-Mexico border cannot apply for asylum unless they follow legal channels. These new regulations are explained under INA § 212(a)(7), which imposes a ban on asylum applications for individuals entering the U.S. through the southwest land border without legal documentation. These rules apply to individuals entering the U.S. via Mexico or another third country between May 11, 2023, and May 11, 2025.

Individuals who meet these criteria and fail to obtain an appointment through the CBP One app at the border may have their asylum claims rejected. However, some exceptions exist, and individuals falling under these exceptions may still apply for asylum.

How to Overcome the Asylum Ban with the CBP One App?

  • Unaccompanied Minors: Children under the age of 18 entering the U.S. alone will not be barred from applying for asylum even if they do not use the CBP One app. This is explicitly stated under 6 USC § 279(g)(2).
  • Technical Issues and Other Barriers: If serious technical issues arise with the app or if it is not possible to use the app due to language barriers, illiteracy, or other reasons, this may qualify as an exception. According to 8 CFR § 208.33(a)(2)(B), individuals who could not obtain an appointment due to such technical or language issues should provide evidence. Gathering evidence such as error messages, emails requesting help, or testimonies can be crucial at this stage.
  • Life-Threatening Circumstances: According to 8 CFR § 208.33(a)(3)(B), if an immigrant faces a serious life-threatening danger, this may be considered an exception. Individuals facing threats such as rape, torture, kidnapping, or murder can invoke this exception.
  • Family Unity: Another important exception is related to family members. If a family member is eligible to apply for asylum, but other family members are not independently eligible, the primary applicant’s right to asylum may extend to their family members. This is outlined in 8 CFR 1208.33(c).

Alternative Paths Outside of CBP One

Individuals who cannot use the CBP One app or obtain an appointment may explore other legal avenues. These include various ways immigrants can submit their applications.

Legal Challenges Against CBP One Restrictions

Various lawsuits have been filed against the limitations of the CBP One app, and these lawsuits may result in changes to current regulations. For instance, in the recent Loper Bright Enterprises v. Raimondo decision, it was stated that courts are not obligated to rely on administrative agencies’ interpretations in unclear legal regulations. This decision may play a role in eliminating uncertainties surrounding asylum applications.

In conclusion, using the CBP One app is a crucial step for immigrants in the asylum application process. Individuals who arrive without an appointment through this app may still apply for asylum, but before the final court decision, they will be asked to provide a defense as to why they did not enter using the CBP One app. Discussing these details with your attorney and preparing a solid defense can help overcome these barriers, as exceptions and alternative paths still exist, and with sufficient evidence, these challenges can be surmounted.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

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