Immigration
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Categories of U.S. Immigration
Employment-Based Immigration
Family-Based Immigration
Asylum & Refugee Protection
Temporary Protected Status (TPS)
U.S. Immigration & Visa FAQs
Understanding
Your Pathway to the United States
Who is permitted to enter the U.S. from a foreign country?
U.S. law establishes four principal means by which a foreign national can legally enter the country:
• Employment-based immigration
• Family-based immigration
• Refugee or asylee status
• The diversity lottery.
Each category covers a variety of situations, some allowing for temporary stays in the U.S. and others allowing for permanent immigration. For some categories, annual quotas may apply.
Which family members can sponsor relatives for U.S. immigrant visas that will grant them permanent entry?
With some exception and restriction, a U.S. citizen may sponsor the following relatives for an immigrant visa to permanently enter to the U.S. (i.e., a green card):
• A spouse or fiancé(e)
• A parent
• A sibling
• A minor child
• An adult child (regardless of marital status).
Additionally, a foreign national in the U.S. with lawful permanent resident (LPR) status (i.e., a green card holder) may sponsor a spouse, a minor child or an unmarried adult child. Citizens and permanent residents who sponsor relatives for immigration must have a certain level of earnings, and they must agree to legally support their incoming family member(s).
If I have been granted a temporary work visa, can my spouse and/or child come with me to the U.S.?
Possibly. If you want your dependent spouse and minor child to accompany you to the U.S. after you have obtained a temporary work visa, they will need to apply and be approved for the appropriate type of nonimmigrant visa. Please be aware that these nonimmigrant visas do not necessarily mean that a spouse will be authorized to work in the U.S.
How do I extend my stay in the U.S.?
Many nonimmigrant visa categories allow for extensions. However, government permission to stay beyond the original visa expiration date is typically discretionary, not automatic.
To extend the amount of time you can remain in the U.S. on a nonimmigrant visa, you must:
• Apply for an extension with U.S. Citizenship and Immigration Services (USCIS). The application should be filed well in advance of the last authorized day in the U.S. in order to avoid falling “out of status.”
• Have not violated any of the terms of your nonimmigrant visa
• Have not committed any crime or violated any U.S. law.
What are deportable offenses?
Deportable offenses are actions for which a foreign national may be forced to leave the U.S. and return to his or her home country. Some deportable offenses include:
• Using fraudulent documents to enter the U.S.
• Providing material misrepresentations (like marriage fraud) to receive a visa
• Committing certain types of crimes (such as most drug crimes, aggravated felonies, domestic violence and child abuse, many gun offenses, etc.)
• Posing a threat to national security
• Engaging in terrorist activity
• Helping others enter the country illegally
• Overstaying a visa
• Voting illegally.
For a complete list, see 8 U.S.C.A. § 1227.
Is there a limit on the number of people who can officially receive refugee and asylum status (on humanitarian grounds) each year?
To qualify as a refugee or asylee, an individual must have a “well-founded fear of persecution” at home for his or her religion, race or national origin, politics, or social-group membership.
What is the diversity lottery?
Foreign nationals who meet the criteria for the lottery are placed into a pool and are then randomly selected by a computer program for the available visas. Only people from countries that sent less than 50,000 immigrants to the U.S. over the past five years are eligible for this lottery.
What is naturalization?
Naturalization allows a foreign national to become a U.S. citizen. To be eligible to nationalize, a person typically has to have already been an LPR for a certain length of time. Becoming a citizen, however, does not require a previous LPR status.
To be allowed to nationalize, the individual must:
• Be of “good moral character”
• Pass English literacy, history and government tests (There are some exceptions for this requirement.)
• Interview successfully with a government official to establish the right to citizenship
• Take the Oath of Allegiance to the U.S.