| General Questions
What happened to the INS?
Who handles immigration services now?
Where can I get immigration forms?
I filed an application with USCIS (or INS).
How do I find out what is happening with it?
I have no immigration papers. If ICE (formerly
INS) finds me, can they deport me right away?
What is the difference between an immigrant
and nonimmigrant visa?
Asylum
What is the difference
between an asylee and a refugee?
What is asylum?
How does someone get asylum?
What happens if USCIS doesn’t grant
me asylum?
My asylum application was sent to Immigration
Court. What happens now?
What benefits are available to asylees and
refugees?
Family-related Questions
Can a refugee or asylee
bring family members to the US?
Who can petition for a family member to
come to the US?
For which family members may a US citizen
petition?
For which family members may a lawful permanent
resident petition?
What are the two different kinds of family
petitions?
What is an immediate relative petition?
What is a preference petition?
What is an affidavit of support?
Are affidavits of support required for all
adjustment of status applications?
What is a VAWA self-petition?
Citizenship
How does one become a citizen
of the United States?
What do I need to do to apply for naturalization?
What application do I fill out for naturalization?
Lawful Permanent Residence
(“Green Card”)
What is a green card?
How do I get a green card?
What is “adjustment of status”?
What is the difference between “change
of status” and “ adjustment of status”?
I lost my green card. How do I get a replacement?
What is the green card or diversity visa
lottery?
Which countries are included in the lottery?
Who can apply for the diversity visa lottery?
What is registry?
Religious Workers
What is a religious worker
visa?
Who is eligible for a religious worker visa?
How does one apply for a religious worker
visa?
Can a religious worker get permanent residence
(a green card)?
Temporary Protected Status
(“TPS”)
What is TPS?
How does one get TPS?
Travel
What documents does a refugee or
asylee need to travel outside the US?
How do I help someone get a visitor’s
visa?
General Questions
What happened to the INS?
Who handles immigration services now?
As of March 1, 2003, the Immigration and Naturalization
Service (INS) has been split into three separate agencies.
The United States Citizenship and Immigration Services,
(USCIS) handles immigration service functions: immigrants
apply to the USCIS for things like permanent residence
(“green cards”), asylum, and naturalization.
Immigration and Customs Enforcement (ICE) enforces immigration
laws within the United States, such as seeking to deport
undocumented people within the US. Customs and Border
Protection (CBP) enforces immigration laws at the US borders,
such as at airports.
Where can I get immigration
forms?
Most immigration forms are available free on our website,
at http://www.BillionLaws.com/legal-forms.html.
I filed an application
with USCIS (or INS). How do I find out what is happening
with it?
It is now possible to check what is happening with some
immigration cases online. If you filed an application
at a USCIS (or INS) Service Center, and you received a
receipt showing that the application was received, you
can go to https://egov.immigration.gov/graphics/cris/jsps/index.jsp
to check on the status of your case. You will need your
application receipt number, which always has three letters
and ten numbers, and which is printed on your application
receipt form.
I have no immigration
papers. If ICE (formerly INS) finds me, can they deport
me right away?
Not if you have never been caught by ICE or INS before.
Currently, (although this could change in the future)
ICE can start a case in Immigration Court against anyone
they catch in the US without valid immigration papers,
who has never had a case against her or him before in
Immigration Court. This kind of case is called “removal
proceedings” because ICE is saying that they have
the right to “remove” (deport) this person
from the US. The person in removal proceedings will have
a hearing in Immigration Court in front of an Immigration
Judge. At the hearing, the person will have a chance to
try to prove that s/he should not be deported; s/he can
also apply for an immigration benefit that would allow
her to stay in the US. ICE cannot just put a person it
finds on a plane to her/his home country without the person
having a hearing in front of an Immigration Judge first.
What is the difference
between an immigrant and nonimmigrant visa?
An immigrant visa allows the visa holder to work and
live permanently in the United States as a lawful permanent
resident (often known as a “green card” holder).
A nonimmigrant visa allows the visa holder to stay in
the US for a limited period of time, and for a limited
purpose. For example: for study, medical treatment, tourism,
or business.
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Asylum What
is the difference between an asylee and a refugee?
Asylees and refugees must meet the same legal definition
of a refugee: that they have been persecuted in the past
and/or have a “well-founded” fear of persecution
in the future because of their race, religion, nationality,
political opinion, or membership in a particular social
group, by their government or by persons the government
cannot or does not wish to control. The difference between
refugees and asylees is where the determination that a
person fits this definition is made. Refugee status is
granted to people who are outside the United States, while
asylum status is granted to people who enter the United
States on their own and then apply for asylum from within
the US.
What is asylum?
Like refugees, asylees flee persecution in their home
countries and seek the protection of the US because their
own countries are persecuting them, or are unwilling or
unable to protect them from persecution. Asylum seekers
apply for asylum from within the US. Asylum seekers must
show that they meet the definition of a refugee. A person
granted asylum has the right to live and work indefinitely
in the United States, and to apply for lawful permanent
residence after one year as an asylee.
How does someone get
asylum?
Call us at 310-734-6300 (or 972 359 9274 in Dallas, TX)
for an asylum petition. Except in exceptional circumstances,
asylum applicants must file their applications for asylum
within their first year of arrival in the United States.
Asylum applicants will be granted an asylum interview
with an Asylum Officer who will evaluate her or his claim.
What happens if USCIS
doesn’t grant me asylum?
After your asylum interview, there are four things USCIS
can do. The first is to grant your application for asylum.
The second is to reject the application because it was
not filed within one year after you arrived in the US
and there are no exceptional or changed circumstances
to justify not filing within one year. If you are not
in a valid immigration status at the time of your interview,
USCIS will most likely send your case to Immigration Court.
This action is called “referring” the case
for a hearing in front of an Immigration Judge. If you
are in a valid immigration status at the time of your
asylum interview (such as student, or Temporary Protected
Status), USCIS will send you a “Notice of Intent
to Deny” explaining that they intend to deny your
case. You may then try to explain to them why they should
not deny your case. If they do deny your case, nothing
further will happen until your valid immigration status
ends. When that happens, USCIS can send your case to Immigration
Court.
My asylum application
was sent to Immigration Court. What happens now?
If USCIS does not grant your asylum application, they
will most likely send your case to Immigration Court for
a judge to make a decision in your case. In this situation,
ICE (the branch of the former INS that is responsible
for enforcing the immigration laws) will start what is
called “removal proceedings” against you.
This means that ICE is saying that you do not have the
right to be in the US, and that they want to deport you.
You will have the right to apply for asylum again in front
of the Immigration Judge. You will have a hearing in front
of the Immigration Judge, at which you will have the right
to explain your whole case again for the judge. It is
strongly advisable that you consult with an experienced
immigration attorney or fully accredited BIA representative
at a reputable agency if you are put into removal proceedings
in this way.
What benefits are available
to asylees and refugees?
Through matching grants, affiliates help asylees with
employment services and four months of maintenance assistance
and cash allowance. Enrolled asylees can also get language
training, health and medical services, counseling, and
daycare. To qualify for these services through matching
grants, asylees must enroll in the matching grant program
within 31 days of being granted asylum.
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Family-related Questions
Can a refugee or asylee
bring family members to the US?
Yes. Refugees and asylees may bring their spouses and
unmarried children into the US to join them. Spouses and
unmarried children under 21 will also get refugee or asylee
status (depending on the status of the family member who
brought them here). Applications for spouses and unmarried
children under 21 must be made within two years of the
grant of asylum status (for asylees) or of entry into
the US (for refugees). Refugees and asylees are also eligible
to apply for lawful permanent residence after a year in
the US; those who become lawful permanent residents will
be eligible to bring in family members as explained below.
Who can petition for
a family member to come to the US?
US citizens and lawful permanent residents may petition
for certain family members to become lawful permanent
residents. Asylees and refugees may petition for their
spouses and unmarried children under 21 to join them in
the US as asylees or refugees (such petitions must be
filed within 2 years of being granted asylum (for asylees)
or entering the US (for refugees)).
For which family members
may a US citizen petition?
US citizens may petition for their “immediate relatives”:
spouses, unmarried minor (under 21 years old) children,
and parents. For these family members there is no wait
to get lawful permanent residence. As soon as the application
for the family member is approved by USCIS, the immigrant
family member can apply for lawful permanent residence.
US citizens may also petition for unmarried adult (21
and older) children, married sons and daughters, and brothers
and sisters. These family members must wait to be able
to apply for lawful permanent residence. Only a certain
number of these family members every year will be given
lawful permanent residence. Everyone else joins a waiting
list.
For which family members
may a lawful permanent resident petition?
Lawful permanent residents may petition for their spouses
and unmarried children. These family members must wait
to be able to apply for lawful permanent residence. Only
a certain number of these family members every year will
be given lawful permanent residence. Everyone else joins
a waiting list.
What are the two different
kinds of family petitions?
Immediate relative petitions (for spouses, parents, and
unmarried children under 21 of US citizens) and preference
petitions (for everyone else).
What is an immediate
relative petition?
“Immediate relatives” are the spouses, parents,
and unmarried children under 21 years of age of US citizens.
An immigrant for whom a family member files an immediate
relative petition will be given a visa number (if she
is outside the US) or allowed to apply to adjust her status
to permanent resident (if she is already inside the US)
as soon as the petition is approved – immediately.
This means that the person who benefits from this petition
does not have to wait for a visa number. Married children,
unmarried adult children, and brothers and sisters will
be in the “preference” categories and will
have to wait in line for a visa number.
What is a preference
petition?
A preference petition is filed by a US citizen on behalf
of an adult son or daughter (21 or older), or by a lawful
permanent resident on behalf of a spouse, son or daughter,
child, or by an employer on behalf of an employee. Unlike
immediate relative petitions, where the person who benefits
from the petition is eligible right away to apply for
permanent residence, people who benefit from preference
petitions must wait until there is a visa number ready
(“current”) for them. This is because there
is a limited number of people who are allowed to enter
the US each year through the preference petition system.
The length of time that a person must wait depends on
which preference category s/he fits into. .
What is an affidavit
of support?
US citizens and permanent residents (sponsors) who apply
for family members to get permanent residence in the US
must provide an affidavit of support along with the application
for permanent residence. The affidavit of support is an
enforceable contract in which the person who signs the
affidavit promises to be financially responsible for the
immigrant until s/he becomes a US citizen her or himself,
or until s/he can be credited with 40 quarter years of
work (usually this is ten years). The sponsor who signs
this contract must show that s/he has income and/or assets
that place her or him at or above 125 percent of the federal
poverty guidelines for her/his household size. The form
used for the affidavit of support is I-864.
Are affidavits of support
required for all adjustment of status applications?
No. The I-864 enforceable affidavit of support is required
only in family petition and some employment-based cases.
Affidavits of support are not required for refugees or
asylees, nor for VAWA self petitioners.
What is a VAWA self-petition?
Immigrants married to US citizens or permanent residents
who subject them to domestic violence may petition for
permanent residence on their own, without the involvement
of the abusive US citizen or permanent resident spouse.
These petitions are known as VAWA petitions, after the
Violence Against Women Act, which introduced these applications.
Instead of submitting an I-130 relative petition along
with the abuser, the battered immigrant spouse submits
an I-360 self-petition along with supporting evidence.
If the I-360 is approved, the battered spouse will become
eligible to file an I-485 application for adjustment of
status to permanent resident. Self-petitioners married
to lawful permanent residents will have to wait until
there is a visa number for them (just like in family preference
cases). Self-petitioners married to US citizens will be
immediately eligible to file an I-485 application for
adjustment of status to permanent resident.
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Citizenship
How does one become
a citizen of the United States?
Any person born in one of the fifty United States, or
in Guam, Puerto Rico, or the US Virgin Islands is a citizen
at birth, no matter what her or his parents’ immigration
status is. A person born in another country to two US
citizen parents is also a citizen at birth. A person born
in another country to one US citizen and one non-citizen
parent may or may not be a US citizen. This is a complicated
area of immigration law, and anyone who meets this description
should speak with an experienced immigration advocate
to find out whether or not s/he is a US citizen.
Lawful permanent residents may also apply to become citizens
after a certain number of years; the process of moving
from lawful permanent resident to citizen is called “naturalization.”
Lawful permanent residents who gained their status through
marriage to a US citizen may apply to naturalize three
years after being granted lawful permanent residence.
All other permanent residents (except some exceptions
for those in military service) may apply for naturalization
five years after being granted lawful permanent residence.
What do I need to do
to apply for naturalization?
To apply for naturalization, you must:
- be over 18 years old;
- have had permanent resident status (“green card”)
for at least five years (three years if you got permanent
residence through marriage to a US citizen, and you
are still married to and living with that US citizen;
military service may also shorten your wait);
- have been physically present in the United States
for at least 2 ½ years of the five years immediately
before you file your application for naturalization.
You must also have lived in the state where you file
the application for at least three months before you
file the application;
- be functionally fluent in spoken and written English,
and be able to pass a test showing you understand the
basics of US history and the US system of government.
(There are limited exceptions to this for some people,
because of disability, or age and length of residency);
- have “good moral character;”
- be willing to take an oath of allegiance to the United
States. The oath includes being willing to bear arms
on behalf of the US if the law were to require it.
Some people can get their citizenship without meeting
all of the above requirements, such as certain children,
or persons who served with the US military in active duty
status during certain periods of war. Also, some noncitizen
children may become US citizens automatically if one or
both of their parents naturalize before the children turn
18 years old.
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Lawful Permanent Residence (“Green
Card”) What
is a green card?
“Green card” is a term often used to refer
to lawful permanent residence in the United States. Lawful
permanent residents have the right to live and work indefinitely
in the United States, as well as to petition for certain
family members to get green cards. Lawful permanent residence
is also the first step towards becoming a citizen of the
US (“naturalizing”). There are a number of
different ways to become a lawful permanent resident of
the US, including through a family member, through an
employer, by being granted asylum or refugee status, or
through the diversity visa lottery.
How do I get a green
card?
There are five major ways to get lawful permanent residence
in the U.S: 1) through a family member; 2) through an
employer; 3) through the diversity visa lottery; 4) by
being granted asylum; 5) by entering the US as a refugee.
What is “adjustment
of status”?
Adjustment of status is the process by which a person
inside the United States becomes a lawful permanent resident.
The person’s immigration status is “adjusted”
to that of a lawful permanent resident.
What is the difference
between “change of status” and “ adjustment
of status”?
Change of status refers to the process of changing from
one nonimmigrant status to another, such as from a student
to a temporary worker. Adjustment of status refers to
the process of becoming a lawful permanent resident of
the US
I lost my green card.
How do I get a replacement?
Please click
here to contact us or call us at 818-501-3641 so we
can assist you in filing for a replacement card
What is the green card
or diversity visa lottery?
This is also known as the “green card lottery”;
each year the US holds a lottery for about 50,000 immigrant
visas for people from countries with low rates of immigration
to the US Lottery winners may apply for permanent residence
in the US.
Which countries are
included in the lottery?
Currently includes all countries except Canada, China
(not including Hong Kong), Colombia, the Dominican Republic,
El Salvador, Haiti, India, Jamaica, Mexico, Pakistan,
the Philippines, South Korea, Taiwan, the United Kingdom
(except Northern Ireland) (and its dependent territories),
and Vietnam.
Who can apply for the
diversity visa lottery?
There is one lottery per year. Applicants must have either
a high school education or its equivalent or have, within
the last five years, gained two years of work experience
in an occupation that requires at least two years of training
or experience. Lottery winners may bring their spouses
and unmarried children who are under 21 into the US as
well.
What is registry?
A person who has continuously lived in the US since January
1, 1972, and is of good moral character may apply to become
a permanent resident, even if s/he has lived here without
valid immigration documents. There is an additional registry
provision for persons who entered the US before July 1,
1924.
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Religious Workers
What is a religious
worker visa?
The R, or religious worker, visa is for temporary religious
workers. R visas for religious workers and their families
allow certain religious workers to do religious work in
the US for a specified number of years. These visas are
available to religious workers in religious denominations
with a bona fide, nonprofit religious organization in
the United States.
Who is eligible for
a religious worker visa?
Workers eligible for R visas are: ministers, professional
religious workers in occupations for which at least a
Bachelor of Arts degree (or its foreign equivalent) is
required, people in religious occupations whose work is
in a traditional religious function, and people with religious
vocations.
How does one apply for
a religious worker visa?
Applicants must be sponsored by a religious denomination
with a nonprofit religious organization in the United
States. An applicant must show, among other things, that
s/he has been members of this denomination for the preceding
two years, that s/he is a minister, religious professional,
or work in a religious occupation or vocation, and that
s/he is qualified for the job. Applicants who are outside
the US file an application OF-156 with the US consulate
or embassy with jurisdiction over their place of residence.
Applicants within the US must be in a valid immigration
status (such as student or visitor) and file an application
to Change Status on form I-129.
Can a religious worker
get permanent residence (a green card)?
Some religious workers can become lawful permanent residents.
Special Immigrant Religious Workers may apply to become
permanent residents. Form I-360 is used to apply for Special
Immigrant Religious Worker status. Applicants must show,
among other things, that they have been a member of the
religious denomination that is sponsoring them for the
past two years, that they have been doing religious work
continuously for the two years preceding the application.
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Temporary Protected Status (“TPS”)
What is TPS?
Temporary Protected Status, known as TPS, allows people
from certain designated countries that have experienced
natural or other disasters to remain in the US until conditions
at home allow for a safe return. Each year the Attorney
General designates which countries are eligible for TPS.
Currently, those countries are Burundi, El Salvador, Honduras,
Liberia, Nicaragua, Somalia, and Sudan. TPS is usually
designated for only one year from the date of its enactment
and then is reviewed to determine if it is now safe for
persons to return home or if it should be renewed for
another year. Persons with TPS are eligible to work and
remain lawfully in the US until the designated period
ends.
How does one get
TPS?
To be eligible for TPS, an applicant must show that s/he
has been physically present in the US since a certain
specified date, and that s/he is a national of one of
the designated countries. Form I-821 is the application
for TPS, and it is available at http://www.uscis.gov/graphics/formsfee/forms/index.htm
.
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Travel What
documents does a refugee or asylee need to travel outside
the US?
A refugee or asylee needs a Refugee Travel Document for
travel outside the United States. Use form I-131 to apply
for a Refugee Travel Document. A refugee or asylee who
travels outside the US without a Refugee Travel Document
might not be allowed to re-enter the US.
How do I help someone
get a visitor’s visa?
A person in the US can help a friend or family member
who wants to visit the US by writing him or her a letter
of invitation. The letter should include the invitee's
name, reason for visit, period of stay in the US, and
explain who will be paying the visitor’s expenses,
and how. If the guest has enough funds to pay her/his
own expenses, s/he must be prepared to show the consular
officer that s/he has sufficient funds for the trip. If
the American host is paying the expenses, the host may
include an affidavit of support or other evidence of ability
to support the guest.
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