Frequently Asked Immigration Questions
The following information includes frequently asked immigration questions. The answers stated are general in nature and are not intended to apply to every immigration matter. Each case is different and carries its own set of circumstances that must be taken into consideration by competent legal counsel. By contacting Perez, Perez & Perez, P.C., you can receive a personal consultation regarding your specific legal claim.
- What does a temporary visitor have to show or prove to enter the U.S.?
- How do I extend or change my non-immigrant status?
- How can I get an immigrant visa?
- How can I sponsor a family member for a green card?
- What are the categories for acquiring immigrant status through employment?
- What is Discretionary Relief in an Immigration Court Deportation or Removal Case?
- What are the benefits of citizenship?
What does a temporary visitor have to show or prove to enter the U.S.?
A nonimmigrant is a foreign national seeking to enter the U.S. temporarily for a specific purpose. Nonimmigrants enter the U.S. for a temporary period of time and once in the U.S. are restricted to the activity or reason for which their visa was issued. They may have more than one type of nonimmigrant visa but are admitted in only one status. General requirements for foreign nationals seeking temporary admission include, but are not limited to, the following:
- Purpose of visit must be temporary
- Foreign national must agree to depart at the end of his/her authorized stay or extension
- Foreign national must be in possession of a valid passport
- Foreign residence must be maintained by the foreign national, in most instances
- Foreign national may be required to show proof of financial support
- Foreign national must be admissible or obtain a waiver for any ground of inadmissibility
- Foreign national must abide by the terms and conditions of admission
How do I extend or change my non-immigrant status?
If you are a Nonimmigrant you may qualify for a change of nonimmigrant status if you are:
- Lawfully maintaining present nonimmigrant status in category ineligible for change in status
- Eligible according to immigration regulations for the requested nonimmigrant status and
- Have not violated any law that would prevent this benefit
How can I get an immigrant visa?
People who want to become immigrants are divided into categories based on a preference system. Immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the application filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens. Relatives in the remaining categories must wait for a visa to become available according to the following preferences:
- First Preference: Unmarried, adult (21 years or older) sons and daughters of U.S. citizens
- Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their children
- Third Preference: Married sons, daughters of U.S. citizens, their spouses, minor children
- Fourth Preference: Brothers, sisters of adult U.S. citizens, their spouses, minor children
How can I sponsor a family member for a green card?
To be eligible to sponsor a relative to immigrate to the U.S., you must be a citizen or a lawful permanent resident of the U.S. and be able to provide documentation proving your status. You must also prove that you can support your relative at 125% above the mandated poverty line. If you are a lawful permanent resident you may petition for a husband or wife or unmarried son or daughter of any age. If U.S. citizen, you may petition for the following foreign national relatives:
- Husband or wife
- Unmarried child under 21 years old
- Unmarried son or daughter over 21
- Married son or daughter of any age
- Brother or sister, if you are at least 21 years old
- Parent, if you are at least 21 years old
What are the categories for acquiring immigrant status through employment?
There are five categories for granting permanent residence to foreign nationals based on employment skills. If you are an employer and are unsure which employment category applies to the foreign national you wish to sponsor or if you are a foreign national and want more information on what category matches your particular situation the following lists the categories:
- EB-1 Priority workers:
- Foreign nationals of extraordinary ability in sciences, arts, education, business or athletics
- Foreign national that are outstanding professors or researchers
- Foreign nationals that are managers and executives subject to international transfer to the U.S.
- EB-2 Professionals with advanced degrees or persons with exceptional ability:
- Foreign nationals of exceptional ability in the sciences, arts or business
- Foreign nationals that are advanced degree professionals
- Qualified alien physicians to practice medicine in an underserved area of the U.S.
- EB-3 Skilled or professional workers:
- Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
- Foreign national skilled workers (minimum two years training and experience)
- Foreign national unskilled workers
- EB-4 Special Immigrants:
- Foreign national religious workers
- Employees and former employees of the U.S. Government abroad
- EB-5 Immigrant Investors
What is Discretionary Relief in an Immigration Court Deportation or Removal Case?
Once an alien in proceedings is found to be removable, he/she if eligible may request one or more types of discretionary relief and has the burden of proving he/she is eligible for relief under the law and usually that he/she deserves such relief as an exercise of discretion. The following are common forms of discretionary relief available to aliens found to be removable:
- Voluntary Departure
- Cancellation of Removal and Adjustment of Status for Non-Permanent Resident
- Cancellation of Removal for Permanent Residents
- Asylum
- Adjustment of Status
What are the benefits of citizenship?
The highest immigration benefit you can obtain is U.S. citizenship. The U.S. Constitution gives citizens certain rights that immigrant status does not. The most important ones being the right to vote, to live in the U.S. without risk of deportation, work and enjoy the rights accorded by the Constitution to citizens and to pass your citizenship to your children. As a citizen you will have the right to carry a US passport, receive government protection through U.S. consulates and embassies when you are abroad and to serve on a jury. Ultimately in participating in the political process, registering, voting and becoming an active member of your community, you can demonstrate you allegiance to the U.S. and truly become an American.
Take Action To Protect Your Rights:
If you or a loved one has been detained by Immigration officials or if you would like to apply for a family-based or employment-based legal permanent residence, please call Perez, Perez & Perez, P.C., today at (973) 522-1222.
