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How do I get legally admitted into the United States?
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What can I expect to happen at the Port-of- Entry?
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What documents must I present?
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How Do I Apply to Replace My Permanent Resident Card?
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What is a Permanent Resident Card?
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How do I get a green card through employment?
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If My Application is denied how can I Appeal?
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How Can I Find Out the Status of My Application?
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I have a pending adjustment to permanent residency (form I-485)
as a wife of a US citizen. Can I receive unemployment benefits?
Also, could I receive unemployment benefits when I am eventually
granted a Green Card?
»
I am a US citizen and my sister is not. She came here on a student
visa and graduate from college. She worked at a bank after school
for a year on the practical training visa. However, her visa has
now expired. Can I apply for permanent residency status for her?
Will I have to pay a special fee to have this done?
»
My friend is an illegal woman who married a citizen. He signed the
paperwork for her I-485 but it has not been submitted to the INS.
He has met someone else and wants out of the marriage. Should she
still submit the paperwork so she can get a work permit? She is
hoping he will change his mind before the interview takes place.
»
I hold an L-1 visa and recently married a green card holder. If
I want to change jobs, do I need the new company to sponsor an H-1,
or is there another way of doing it because I'm married to a green
card holder?
»
I am a US Citizen and filed an I-130 application a couple of weeks
ago for my wife. I have already received my receipt stating that
they have received the fee and it will take from 150-999 days to
process. I also have a 1 year old daughter conceived in the same
marriage. My question is can I file a K-3 visa right now for both
of them, or should I acquire my daughter's passport and social security
card a different way?
»
I am a filipino citizen and want to be closer to my son who is now
in the U.S.. He is one year old. Would I be able to get a residence
permit so I can be closer to my son?
»
My wife's green card expires this July. To avoid paying renewal
fees, we want to apply for her citizenship. But since the citizenship
application will take some time and may go beyond this July, does
she in the meantime still need to get her green card renewed before
she becomes a citizen?
» I
am an American citizen. I want to marry a Philippine citizen who
is here with no green card, visa, etc. Will our marriage make him
a citizen?
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How Do I Bring a Sibling to Live in the United States?
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Who is Eligible to Sponsor a Sibling?
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How Do I Bring My Children to Live in the United States?
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Will My Child Get a Work Permit?
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How Do I Bring My Fiancé(e) to the United States?
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How Do I Bring My Parents to Live in the United States?
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Who is Eligible to Sponsor a Parent?
» How
Do I File the Petition?
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How Do I Bring My Spouse (Husband or Wife) to Live in the United
States?
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Who is Eligible for Employment Based Immigration?
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When do we need to change to a New Nonimmigrant Category?
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Where Can I Find the Law about changing status?
» Who is Eligible?
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How Do My Spouse and Child Apply to Change Their Nonimmigrant Status?
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Can a man file a self-petition under the Violence Against Women
Act?
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Must the self-petitioner remain married to the abusive spouse until
the self-petition is approved?
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Can a divorced spouse seek relief through self-petitioning?
Admissions/Entry
TOP
How
do I get legally admitted into the United States?
Foreign nationals arriving in the United States are inspected by
officials of the US government. When entering the port of entry,
foreign nationals are subject to four separate inspections: Public
Health, Immigration, Customs and Agriculture. Aliens may only talk
to one official who does all four inspections, or they may talk
to more than one official.
What
can I expect to happen at the Port-of- Entry?
Airport
When arriving at an airport, the airline will give
all non-United States citizens a form to complete while still en
route to the United States, either Form I-94 (white), Arrival/Departure
Record, or the Nonimmigrant Visa Waiver Arrival/Departure Form.
The forms ask for basic identification information and the address
where you will stay in the United States.
If you are a U.S. citizen, the inspector will ask
you for your passport, verify your citizenship, and welcome you
back to the United States.
If you are an alien, the Immigration Inspector must
determine why you are coming to the United States, what documents
you may require, if you have those documents, and how long you should
be allowed to initially stay in the United States. These determinations
usually take less than one minute to make. If you are allowed to
proceed, the Inspector will stamp your passport and issue a completed
Form I-94 to you. The Form I-94 indicates what immigration classification
you were given and how long you are allowed to stay.
Land
You will undergo the same general process at a land
border port-of-entry. One official may conduct all four inspections.
That official may send you for further review or issuance of needed
papers to a second inspection area. Once a determination is made
to allow you into the United States, you may be sent to Customs
or immediately allowed to proceed on your trip.
Sea
The inspection process at a sea port-of-entry is similar
to the airport process. Often, inspections occur prior to the boat's
arrival in the United States.
TOP
What
documents must I present?
* A U.S. citizen must present a passport if traveling
from outside of the western hemisphere (The western hemisphere is
North, Central, and South America). If traveling from inside the
Western Hemisphere, any proof of U.S. citizenship that clearly establishes
identity and nationality is permitted such as a birth record or
baptismal record.
* Lawful permanent residents of the United States
must present a Permanent Resident Card ("Green Card"),
a Reentry Permit, or a Returning Resident Visa.
* Generally, an alien must present a passport and
a valid visa issued by a U.S. Consular Official.
* Under the Visa Waiver Pilot Program, nationals of
participating countries do not require a visa to apply to enter
the United States as a Visitor for Business or Pleasure (B-1 or
B-2), if staying for no more than 90 days, and if not inadmissible.
* Canadians do not generally require a visa unless
coming as a Treaty Trader, classification E.
Extension of Stay in the United States
1. How do I extend my stay?
Foreign nationals may apply for an extension of stay
if they were lawfully admitted into the United States with a nonimmigrant
visa. To be eligible, your nonimmigrant visa status must remain
valid, and you must not have committed any crimes that will make
you ineligible.
The Law Offices of James G. Beirne will help you submit
your application for an extension of stay. Please refer to our Extending
your visa.
2. How do I bring my family to the US?
3. How do I bring my family to the US?
Please refer to our immigration through a family member.
TOP
Green Card
How
Do I Apply to Replace My Permanent Resident Card?
If you are a permanent resident, or conditional resident
who needs to replace your two-year card because it was lost, stolen
or mutilated. We will help you replace your permanent resident card.
Please Note: This procedure should NOT be used by lawful permanent
residents who are seeking to renew their ten-year card only because
the card is expiring. The Service is providing separate instructions
for the renewal of expiring I-551s.
TOP
What
is a Permanent Resident Card?
A Permanent Resident Card, commonly known as a Green Card, is evidence
of your status as a lawful permanent resident with a right to live
and work permanently in the United States. It also is evidence of
your registration in accordance with United States immigration laws.
TOP
How
do I get a green card through employment?
Please see our Web Page on Employment-related immigration.
TOP
If
My Application is denied how can I Appeal?
If your application for a renewal of your permanent resident
card is denied, you will receive a letter that will tell you why
the application was denied. You will not be allowed to appeal a
negative decision.
However, you may submit a motion to reopen or a motion
to reconsider with the same office that made the unfavorable decision.
By filing such a motion, you may ask the INS office to reexamine
or reconsider its decision.
A motion to reopen must state the new facts that are
to be provided in the reopened proceeding and must be accompanied
by the appropriate documentary evidence. A motion to reconsider
must establish that the decision to deny your application was based
on an incorrect application of law or INS policy, and further establish
that the decision was incorrect, based on the evidence in the file
at the time the decision was made.
TOP
How
Can I Find Out the Status of My Application?
To check the status of your application, please contact
the INS Service Center that receipted your application. You should
be prepared to provide the INS staff with specific information about
your application, such as the ten-digit receipt number printed on
your Form I-797, Notice of Receipt, your Alien Registration Number,
name, and date of birth. Please click here for complete instructions
on checking the status of your application.
TOP
Immigration
I
have a pending adjustment to permanent residency (form I-485) as
a wife of a US citizen. Can I receive unemployment benefits? Also,
could I receive unemployment benefits when I am eventually granted
a Green Card?
Eligibility for unemployment benefits is a function of state law
and not immigration law so I am not an expert on this subject per
se. I would, however, check the website for the agency in your state
that administers the program. I am fairly sure that green card holders
are entitled in every state to unemployment insurance. Not sure
about others, however.
TOP
I
am a US citizen and my sister is not. She came here on a student
visa and graduate from college. She worked at a bank after school
for a year on the practical training visa. However, her visa has
now expired. Can I apply for permanent residency status for her?
Will I have to pay a special fee to have this done?
You can apply for permanent residency for her, but that merely enter
her into a queue with a wait that is more than 10 years. And your
sister cannot remain legally in the US in the interim merely because
you have filed this. She'll need to find another way to stay legally
in the mean time such as by continuing on in non-immigrant visas
like a student visa or a work visa.
TOP
My
friend is an illegal woman who married a citizen. He signed the
paperwork for her I-485 but it has not been submitted to the INS.
He has met someone else and wants out of the marriage. Should she
still submit the paperwork so she can get a work permit? She is
hoping he will change his mind before the interview takes place.
Submitting the paperwork and then not being married at the time
of the interview is a good way to get placed in deportation proceedings.
I'd be very cautious about that. When the interview comes around,
the examiner will really have no choice but to deny the case. Definitley
make sure your friend consults a lawyer to see what strategies are
available.
TOP
I
hold an L-1 visa and recently married a green card holder. If I
want to change jobs, do I need the new company to sponsor an H-1,
or is there another way of doing it because I'm married to a green
card holder?
Your marriage to a green card holder is not likely to provide any
immediate effect unless you were married before your spouse got
the green card.
The backlog for green cards for spouses of permanent
residents is several years and you are not entitled to remain in
the US while it is pending unless you are maintaining a non-immigrant
visa. Once your wife becomes a citizen, things will change and then
you can apply for adjustment status and get an employer authorization
document. I'm presuming you have not applied yet for the green card,
but if you have, then obviously things may be faster.
TOP
I
am a US Citizen and filed an I-130 application a couple of weeks
ago for my wife. I have already received my receipt stating that
they have received the fee and it will take from 150-999 days to
process. I also have a 1 year old daughter conceived in the same
marriage. My question is can I file a K-3 visa right now for both
of them, or should I acquire my daughter's passport and social security
card a different way?
The K-3 should be an option for you and probably is the best way
to go if it is available. This is the visa category for spouses
of US citizens abroad. It is a new category and is designed to speed
up the process of getting relatives to the US (compared to the traditional
way which could take one to two years. For the K-3, you are already
past the first step which is to get the I-130 filed and get a receipt.
You are not probably eligible to file the K-3 application with the
INS.
TOP
I
am a filipino citizen and want to be closer to my son who is now
in the U.S.. He is one year old. Would I be able to get a residence
permit so I can be closer to my son?
You will not be able to get a green card through your son unless
your son is 21 years old. So you will need to find a strategy that
is completely independent of your having a child in the US. That
probably means looking at getting a temporary visa to work, study,
or run a business and later look at getting a green card.
TOP
My
wife's green card expires this July. To avoid paying renewal fees,
we want to apply for her citizenship. But since the citizenship
application will take some time and may go beyond this July, does
she in the meantime still need to get her green card renewed before
she becomes a citizen?
I would go ahead and apply for a replacement green card. You'll
find that even though your wife will not lose her legal status as
a permanent resident while waiting for citizenship, having proof
of being a permanent resident is very important.
TOP
I am an
American citizen. I want to marry a Philippine citizen who is here
with no green card, visa, etc. Will our marriage make him a citizen?
If you finacee entered the US illegally, then your marriage will
probably not have the immediate effect of making him eligible to
apply for the green card. Unfortunately, he'll most likely need
to leave the US and then you would need to apply for a waiver for
him to reenter and apply for a green card. The good news is that
there waivers are usually not that hard to secure. The bad news
is that they can take a couple of months or more to get.
TOP
Immigration: Family
How Do I Bring a Sibling to Live in the United
States?
This information is for U.S. citizens who wish to bring
a sibling to live permanently in the United States. Only U.S. citizens
can bring their siblings to live permanently in the U.S. Lawful
Permanent Residents cannot.
Definition of a Sibling
A sibling is a brother, sister, stepbrother, stepsister,
or adopted brother or sister. For the necessary sibling relationship
to exist, each person must have been a child of at least one of
the same parents. The siblings need not share the same biological
parents as long as both became "children" at the appropriate
time (before the age of 16 in cases of adoption, and before the
age of 18 for stepchildren).
Overview of the Immigration Process
A legal immigrant (or "lawful permanent resident")
is a foreign national who has been granted the privilege of living
and working permanently in the United States. There is a three-step
process for your brother or sister to become a legal immigrant:
1. The INS must approve an immigrant visa petition
that you file for your brother or sister.
2. The State Department visa bulletin must show that
a sibling immigrant visa is available to your sibling, based on
the date that you filed the immigrant visa application.
3. If your brother or sister is outside the United
States when an immigrant visa number becomes available, your brother
or sister will be notified to go to the local U.S. consulate to
complete the processing for an immigrant visa. If your sibling is
legally inside the U.S. when an immigrant visa number becomes available,
he or she may apply to adjust status to that of a lawful permanent
resident using the Form I-485.
Depending on the relationship and the country involved,
the wait for an available sibling visa number may be several years.
You may refer to the Department of State's Visa Bulletin for current
priority dates.
For an excellent overview of immigration, please see
the chapter and tables on immigrants in the INS Statistical Yearbook.
For more information on immigrant visa numbers, please see How Do
I Get an Immigrant Visa Number?
TOP
Who
is Eligible to Sponsor a Sibling?
If you are a U.S. citizen and at least 21 years old, you are eligible
to petition to bring your brother or sister to live and work permanently
in the United States. If you are a lawful permanent resident, you
are not eligible to apply to bring your brother or sister to live
and work permanently in the United States.
TOP
How
Do I Bring My Children to Live in the United States?
Background
A lawful immigrant is a non-citizen who has been granted
the privilege of living and working permanently in the United States.
A child is defined under the immigration law as an unmarried person
under the age of 21.
The definition of a child includes:
* A stepchild if the parent's marriage took place
before the child reached the age of 18
* A child born out of wedlock if the child has a "bona-fide"
relationship with the parent who is filing the petition
* An adopted child if the child was adopted before
the age of 16 and has lived with the adoptive parent(s) for at least
two years
* A child who is considered an orphan under the immigration
law
* An adopted child under the age of 18 who is the
natural sibling of an orphan or adopted child under the age of 16,
if adopted with or after the sibling.
Lawful Permanent Residents
If you are a lawful permanent resident you may petition
for a minor child or an unmarried son or daughter over the age of
21. Your child must go through a three-step process to become a
lawful immigrant. First, the INS must approve an immigrant petition
(application), Form I-130 Petition for Alien Relative that you file
for your child. Second, the State Department must give your child
an immigrant visa number, even if your child is already in the United
States. Third, if your child is already in the United States, your
child may apply to adjust to permanent resident status when a visa
number becomes available. If your child is outside the United States
when an immigrant visa number becomes available, your child will
be notified to go to the local U.S. consulate to complete the processing
for an immigrant visa.
U.S. Citizens
If you are a U.S. citizen, your minor child (unmarried
and under 21 years of age) will be considered an "immediate
relative" and will receive an immigrant visa to enter the United
States. To receive an immigrant visa you must prove your relationship
to your child and your child must be admissible under the immigration
law. You will need to file a Form I-130 Petition for Alien Relative.
You may also file a petition for an unmarried son
or daughter over the age of 21 or a married son or daughter under
the preference classifications by filing a Form I-130 Petition for
Alien Relative. After the petition is approved by the Immigration
and Naturalization Service, the State Department will give your
son or daughter an immigrant visa number as soon as a number is
available. You may file a Form I-485, Application for Adjustment
of Status, to Permanent Resident at the same time. However the application
for adjustment of status will not be considered until a visa number
is immediately available and the petition for immediate relative
or preference classification is approved.
TOP
Will
My Child Get a Work Permit?
Applicants, who are lawfully present in the United
States and have filed INS Form I-485, Application to Register Permanent
Residence or Adjust Status, are eligible to apply for a work permit
while their case is pending.
If your child is over the age of 14 and wants to work,
then your child should use Form I-765 to apply for a work permit.
Your child does not need to apply for a work permit once they arrive
with an immigrant visa or adjust to permanent resident status. As
a lawful permanent resident, your child should receive an alien
registration card. This card will prove that your child has a right
to live and work in the United States permanently.
If your child is now outside the United States, your
child will receive a passport stamp upon arrival in the United States.
This stamp will prove that your child is allowed to work until an
alien registration card is created.
TOP
How
Do I Bring My Fiancé(e) to the United States?
Background
If your fiancé(e) is not a citizen of the United
States and you plan to get married in the United States, then you
must file a petition with INS on behalf of your fiancé(e).
After the petition is approved, your fiancé(e) must obtain
a visa issued at a U.S. Embassy or consulate abroad. The marriage
must take place within 90 days of your fiancé(e) entering
the United States. If the marriage does not take place within 90
days or your fiancé(e) marries someone other than you (the
U.S. citizen filing INS Form I-129F - Petition for Alien Fiancé),
your fiancé(e) will be required to leave the United States.
Until the marriage takes place, your fiancé(e) is considered
a nonimmigrant. A fiancé(e) may not obtain an extension of
the 90-day original nonimmigrant admission.
If your fiancé(e) intends to live and work
permanently in the United States, your fiancé(e) should apply
to become a permanent resident after your marriage. (If your fiancé(e)
does not intend to become a permanent resident after your marriage,
your fiancé(e)/new spouse must leave the country within the
90-day original nonimmigrant admission.)
Please note, your fiancé(e) will initially
receive conditional permanent residence status for two years. Conditional
permanent residency is granted when the marriage creating the relationship
is less than two years old at the time of adjustment to permanent
residence status.
Please note: Your fiancé(e) may enter the United
States only one time with a fiancé(e) visa. If your fiancé(e)
leaves the country before you are married, your fiancé(e)
may not be allowed back into the United States without a new visa.
(Please see How Can I Get a Travel Document? for additional travel
information if your fiancé(e) will apply to become a legal
permanent resident after you are married.)
TOP
How
Do I Bring My Parents to Live in the United States?
This information is for United States (U.S.) citizens
who wish to bring their parents to live permanently in the U.S.
Note: Lawful permanent residents may not petition to bring their
parents to live permanently in the U.S.
Overview of Immigration Process
A legal immigrant is a foreign national who has been
granted the privilege of living and working permanently in the United
States. There is a two-step process for your parent to become a
legal immigrant. First, the INS must approve an immigrant visa petition
that you file for your parent. Second, if your parent is outside
the United States, your parent will be notified to go to the local
U.S. consulate to complete the processing for an immigrant visa.
If your parent is legally inside the U.S., he or she may apply to
adjust his or her status to that of a lawful permanent resident
using the Form I-485.
For an excellent overview of immigration, please see
the chapter and tables on immigrants in the INS Statistical Yearbook.
For more information on immigrant visa numbers, please see How Do
I Get an Immigrant Visa Number?
What Does the Law Say?
The Immigration and Nationality Act is a law that
governs the admission of all immigrants to the United States. For
the part of the law concerning immigrant visas for parents, please
see INA § 201 and INA § 204. The specific eligibility
requirements and procedures for applying for immigrant visas and
permanent residence are included in the Code of Federal Regulations
[CFR] at 8 CFR § 204.1 and 8 CFR § 204.2.
TOP
Who
is Eligible to Sponsor a Parent?
If you are a U.S. citizen and at least 21 years old, you are eligible
to petition to bring your parents to live and work permanently in
the United States. If you are a lawful permanent resident, you are
not eligible to petition to bring your parents to live and work
permanently in the United States.
TOP
How Do
I File the Petition?
To find out how you can petition for your parent to live in the
United States permanently, please refer to the Petitioning Procedures,
which will help you identify what steps you need to take.
TOP
How
Do I Bring My Spouse (Husband or Wife) to Live in the United States?
This information is for U.S. citizens and lawful permanent
residents who wish to bring a spouse to live permanently in the
U.S. Only U.S. citizens can bring their siblings to live permanently
in the US. Lawful Permanent Residents cannot.
Information For Your Alien Relative
Note: Information concerning the new K (advance admission
for the spouse and children of a U.S. citizen) and V (advance admission
for the spouse and the minor children of a lawful permanent resident)
nonimmigrant visas will be coming soon. For updates on the Legal
Immigration Family Equity (LIFE) Act, please click here.
Definition of a Spouse
Before you file any documents, it is helpful to understand
that "spouse" means lawful husband or wife. In order to
successfully petition for an immigrant visa for your spouse, your
relationship with your spouse must be established and your spouse
must be admissible to the United States under the immigration law.
Overview of Immigration Process
A legal immigrant (or "lawful permanent resident")
is a foreign national who has been granted the privilege of living
and working permanently in the United States. There is a three-step
process for your spouse to become a legal immigrant:
1. The INS must approve an immigrant visa petition
that you file for your spouse.
2. The State Department visa bulletin must show that
a sibling immigrant visa is available to your sibling, based on
the date that you filed the immigrant visa application.
3. If your spouse is outside the United States when
your visa petition is approved and when an immigrant visa number
(if required) becomes available, your spouse will be notified to
go to the local U.S. consulate to complete the processing for an
immigrant visa. If your spouse is legally inside the U.S. when your
visa petition is approved and when an immigrant visa number (if
required) becomes available, he or she may use the Form I-485 to
apply to adjust his or her status to that of a lawful permanent
resident.
For an excellent overview of immigration, please see
the chapter and tables on immigrants in the INS Statistical Yearbook.
For more information on immigrant visa numbers, please see How Do
I Get an Immigrant Visa Number?
What Does the Law Say?
The Immigration and Nationality Act is a law that
governs the admission of all immigrants to the United States. For
the part of the law concerning immigrant visas for spouses, please
see INA § 201, INA § 203, and INA § 204. The specific
eligibility requirements and procedures for applying for immigrant
visas and permanent residence are included in the Code of Federal
Regulations [CFR] at 8 CFR § 204.1, 8 CFR § 204.2, and
8 CFR § 245.
Information for Citizens
If you are a U.S. citizen, your spouse is considered
an immediate relative and is immediately eligible for an immigrant
visa if your petition is approved. Generally, if your spouse is
in the U.S. (through a lawful admission or parole) at the time you
file the Form I-130, Petition for Alien Relative, your spouse may
file a Form I-485, Application to Register Permanent Residence or
to Adjust Status at the same time. For more information, your spouse
should refer to How Do I Become a Lawful Permanent Resident While
In the United States? If he or she is outside the U.S., your spouse
will need to go to the nearest U.S. consulate to apply for an immigrant
visa.
Information for Lawful Permanent Residents
If you are a lawful permanent resident and your petition
for your spouse is approved, your spouse will be notified by the
Department of State when a visa number becomes available. If your
spouse is outside of the United States at the time of notification,
he or she must then go to the local U.S. consulate to complete visa
processing. If your spouse is inside the U.S. through a lawful admission
or parole and is maintaining that status at the time of notification,
he or she may file the Form I-485 when the visa number becomes available.
If you do not have the Department of State issued visa number, you
must wait for a number to become current. Your spouse may need to
depart the United States to avoid accruing unlawful presence. For
more information, your spouse should refer to How Do I Become a
Lawful Permanent Resident While In the United States?
If you were married to your spouse before you became
a permanent resident, your spouse may be eligible to receive following-to-join
benefits. This means that you would not have to submit a separate
Form I-130, Petition for Alien Relative, for your spouse, and your
spouse would not have to wait any extra time for an immigrant visa
to become available. See Petitioning Procedures for more information
on following-to-join benefits.
Conditional Residence
If you have been married less than two years when
your spouse is granted lawful permanent resident status, your spouse
will receive permanent resident status on a conditional basis. You
and your spouse must apply together to remove the conditions on
residence. Please note - you must apply to remove conditional status
within 90 days before the 2-year anniversary of the award date of
your spouse's conditional legal permanent resident status. If you
fail to file during this time, your spouse will be considered out
of status as of the 2-year anniversary, and may be subject to removal
from the U.S. For more information, please see How Do I Remove the
Conditions on Permanent Residence Based on Marriage?
Employment-based immigration
How Do I Apply for Immigrant Status Based on Employment?
How Do I Become an Immigrant Based on Employment?
An immigrant is a foreign national who is authorized
to live and work permanently in the United States. You must go through
a multi-step process to become an immigrant based on employment.
1) The INS must approve an immigrant petition (application)
that was filed for you, usually by an employer.
2) In most employment categories (See EB-2 and EB-3
eligibility and filing information below), a U.S. employer must
complete a labor certification request (ETA 750) for you from the
Department of Labor's Employment and Training Administration.
3) The State Department must give you an immigrant
visa number, even if you are already in the United States. Please
see How Do I Get an Immigrant Visa Number?.
4) If you are already in the United States, you must
apply to adjust to permanent resident status when a visa number
becomes available. Please see How Do I Become a Lawful Permanent
Resident while in the United States? If you are outside the United
States when an immigrant visa number becomes available, you will
be notified to go to the local U.S. consulate to complete the processing
for an immigrant visa.
TOP
Who
is Eligible for Employment Based Immigration?
There are five categories of employment-based immigration:
· First Preference (EB-1 priority workers):
aliens with extraordinary ability, outstanding professors and researchers,
and certain multinational executives and managers.
· Second Preference (EB-2 workers with advanced
degrees or exceptional ability): aliens who are members of the professions
holding advanced degrees or their equivalent and aliens who because
of their exceptional ability in the sciences, arts, or business
will substantially benefit the national economy, cultural, or educational
interests or welfare of the United States.
· Third Preference (EB-3 professionals, skilled
workers, and other workers): aliens with at least two years of experience
as skilled workers, professionals with a baccalaureate degree, and
others with less than two years experience, such as an unskilled
worker who can perform labor for which qualified workers are not
available in the United States.
· Fourth Preference (EB-4 special workers such
as those in a religious occupation or vocation): aliens who, for
at least two years before applying for admission to the United States,
have been a member of a religious denomination that has a non-profit
religious organization in the United States, and who will be working
in a religious vocation or occupation at the request of the religious
organization.
· Fifth Preference (EB-5 Employment Creation)
If you would like to be granted immigrant status in the United States
for the purpose of engaging in a new commercial enterprise, please
see How Do I Become an Immigrant Through an investment? .
Nonimmigrants
Students
The Immigration and Nationality Act provides two nonimmigrant
visa categories for persons wishing to study in the United States.
The "F" visa is reserved for nonimmigrants wishing to
pursue academic studies and/or language training programs, and the
"M" visa is reserved for nonimmigrants wishing to pursue
nonacademic or vocational studies.
F-Academic Students and M-Vocational Students Requirements
Foreign students seeking to study in the U.S. may
enter in the F-1 or M-1 category provided they meet the following
criteria:
* The student must be enrolled in an "academic"
educational program, a language-training program, or a vocational
program;
* The school must be approved by the Immigration and
Naturalization Service (INS);
* The student must be enrolled as a full-time student
at the institution;
* The student must be proficient in English or be
enrolled in courses leading to English proficiency;
* The student must have sufficient funds available
for self-support during the entire proposed course of study; and
* The student must maintain a residence abroad which
he/she has no intention of giving up.
Click to find out more specific information about
becoming an academic student in the United States.
Click to find out more specific information about
studying the English language in the United States.
Click to find out more specific information about
becoming a vocational student in the United States.
Information on How to Apply for the Student Visa,
Visa Ineligibility/Waiver, Student Employment can be obtained via
Visa Services at Department of State Website.
Also see Sec. 641 of the Illegal Immigration Reform
and Immigrant Responsibility Act (IIRIRA) of 1996 (Pub. L. 104-208).
Section 641 of IIRIRA is one of the catalysts behind a new interagency
initiative known as the Coordinated Interagency Partnership Regulating
International Students (CIPRIS) program. The CIPRIS program is designed
to improve processes for foreign students and exchange visitors
holding F, J, and M visas, and schools, colleges and other organizations
sponsoring programs for these visa holders.
CIPRIS will facilitate and automate several processes
affecting foreign students, such as:
* Visa issuance
* admissions to the U.S.;
* benefit requests; and
* information reporting.
Please visit the CIPRIS Website.
Useful information for Schools
Obtaining Approval to Receive Nonimmigrant Students
Petition for Approval, Form I-17, must be filed with
the district office with jurisdiction for the locality where the
school is located. There are two types of foreign students, F-1
and M-1 nonimmigrants. A school may be approved for F and/or M students,
as described below. However, an individual student's classification
depends on his/her principal educational goals.
F-1: Approval for attendance of academic students
may be solicited by an accredited college or university that awards
bachelors, masters, doctorate or professional degrees; an accredited
community or junior college that provides instruction in the liberal
arts or the professions and awards associate degrees; a seminary;
a conservatory; an academic high school; a private elementary school;
or an institution that provides language training, instruction in
the liberal arts, the fine arts or the professions, or instruction
in one or more of these disciplines.
M-1: Approval for the attendance of non-academic students
may be solicited by a community college or junior college that provides
vocational or technical training and awards associate degrees; a
vocational high school; a trade school or a school of nonacademic
training other than language training.
Current INS regulations recognize the following as
approved schools:
* A school operated as a public educational institution
by federal, state, or local government; and
* A school accredited by a nationally recognized accrediting
agency.
If an institution of higher education does not fall
into one of these two categories, it must submit evidence that its
course credits are accepted by at least three accredited schools.
If a private elementary or public or private secondary
school does not fall into one of these two categories, it must submit
evidence that it satisfies the compulsory attendance requirements
of the state in which it is located and that it qualifies graduates
for acceptance by approved schools at a higher educational level,
and in the case of a private elementary or secondary school, that
it is accredited by an accrediting organization, certified by the
U.S. Department of Education's Office of Non-Public Education.
Approval Process
Petition for approval (Form I-17) is filed in duplicate
with the district director in the school's locality. The following
requirements must also be met:
* The Form I-17 must be signed by an officer of the
institution who has authority to sign contracts.
* The petitioning school must submit certification
indicating that it is licensed, approved, and/or accredited.
Where to apply?
All applications submitted by schools and institutions
wishing to accept nonimmigrant students, should be mailed to the
"Attention of the INS Schools Officer" at the INS District
Office having jurisdiction over the geographic area in which the
institution is located.
Last Modified 06/15/2001
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When
do we need to change to a New Nonimmigrant Category?
A nonimmigrant temporarily enters the United States
for a specific purpose such as business, study, temporary employment
or pleasure. When you are admitted into the United States, a U.S.
official will assign you a nonimmigrant category according to the
purpose of your visit. If you want to change the purpose of your
visit while you are in the United States, then you or, in some cases,
your employer must ask the Immigration and Naturalization Service
to change your nonimmigrant status. For instance, if you arrived
here as a tourist, but want to become a student, you must submit
an application to change your status with the INS. If you do not
apply to change your nonimmigrant status, you will be breaking U.S.
immigration laws. Proof that you are willing to obey U.S. laws may
be important if you want to travel to the United States as an immigrant
or nonimmigrant in the future. You may also become subject to removal
(deportation) if you break U.S. immigration laws.
For more information on nonimmigrants, please see
the chapter and tables on Temporary Admissions in the INS Statistical
Yearbook.
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Where
Can I Find the Law about changing status?
The Immigration and Nationality Act (INA) governs the admission
of all people to the United States. For the part of the law concerning
changing nonimmigrant status, please see INA § 248. The applicable
regulations are found in the Code of Federal Regulations (CFR) at
8 CFR § 248 .
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Who is Eligible?
To find out who may apply to change nonimmigrant status, please
see eligibility information.
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How
Do My Spouse and Child Apply to Change Their Nonimmigrant Status?
If your employer files INS Form I-129 (Petition for
Alien Worker) for you, then your spouse and child must carefully
read and complete INS Form I-539 (Application to Extend/Change Nonimmigrant
Status) and submit any required supporting documents to change to
a new nonimmigrant category. It is best to submit both forms at
the same time.
You may include your spouse and any unmarried children
under the age of 21 in your INS Form I-539 application if you are
all in the same nonimmigrant category, or if your spouse or children
were given derivative nonimmigrant status. Derivative nonimmigrant
status means that your spouse and children were given nonimmigrant
visas based on your nonimmigrant status. For instance, if a student
is given an F-1 "Academic Student" visa, then the spouse
and child are given F-2 "Spouse and Child of an Academic Student"
visas.
When Should I Apply?
We recommend that you apply as soon as you determine
that you need to change to a different nonimmigrant category. Please
note, you must apply to change your nonimmigrant category before
you current nonimmigrant status expires. Also, do not start new
employment without first being approved for your change of status.
The date your status expires can be found in the lower right-hand
corner of your INS Form I-94 (Arrival-Departure Record). You should
have received an INS Form I-94 when you legally entered the United
States. (For more information, please see, How Do I Get an Arrival-Departure
Record?.)
F-Academic Students and M-Vocational Students Requirements
Foreign students seeking to study in the U.S. may
enter in the F-1 or M-1 category provided they meet the following
criteria:
* The student must be enrolled in an "academic"
educational program, a language-training program, or a vocational
program;
* The school must be approved by the Immigration and
Naturalization Service (INS);
* The student must be enrolled as a full-time student
at the institution;
* The student must be proficient in English or be
enrolled in courses leading to English proficiency;
* The student must have sufficient funds available
for self-support during the entire proposed course of study; and
* The student must maintain a residence abroad which
he/she has no intention of giving up.
How Do I Get Another INS Form I-94 "Arrival/Departure
Document" If the Original Was Submitted With the Application
to Extend My Stay?
If your application for an extension is approved, you will
be issued a replacement I-94 with a new departure date. If your
application is denied, your original I-94 will be returned with
a request for your immediate departure.
For an overview of immigration issues, please see
the chapters and tables on temporary admissions and immigrants in
the lawcenterca.com catalogue of services.
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VAWA
Can
a man file a self-petition under the Violence Against Women Act?
Although the self-petitioning provisions for victims of domestic
violence are contained in the Violence Against Women Act, they apply
equally to victims of either sex.
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Must
the self-petitioner remain married to the abusive spouse until the
self-petition is approved?
The regulations only require that the self-petitioning spouse be
married at the time of filing. After the self-petition has been
filed, legal termination of the marriage will not usually affect
the self-petition, but you may want to seek advice from an immigration
attorney or legal advocate.
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Can
a divorced spouse seek relief through self-petitioning?
A self-petition will be denied if the marriage ends in
death, divorce or annulment before the self-petition is filed. A
battered spouse who is divorced from the US citizen or LPR spouse
may be eligible for cancellation of removal. This is provided for
under Section 240A(b)(2) of the INA. To qualify he/she must meet
the other requirements that would be necessary for approval of a
self-petition and must have been physically present in the U.S.
for 3 years immediately preceding the filing of the application
for cancellation of removal.
A self-petition will also be denied if the self-petitioner
re-marries before filing or after filing and before the self-petition
is approved. Remarriage after the self-petition has been approved
but before adjustment of status or entry into the U.S. with an immigrant
visa will result in revocation of the approved I-360 self-petition.
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