VISA CATEGORIES
FOR PERMANENT WORKERS
NONIMMIGRANT VISAS
CHANGE OF
NONIMMIGRANT STATUS
Adjustment of Status
More About Immigration
Attorney Dallas Immigration | Lawyer Dallas,
Texas, Plano | Petitioning Family Members
WHAT IS IMMIGRATION LAW?
Immigration is exclusively governed by
federal law. The federal Immigration and Nationality Act
regulates who can enter the United States on a temporary or
permanent basis. It also governs whom the government can
remove (or "deport") from the United States.
WHAT IS NATURALIZATION?
The act of making a person a citizen of
the United States who was not born with that status. An
application for citizenship is an application for
Naturalization.
WHAT ARE THE REQUIREMENTS FOR
NATURALIZATION?
You may apply for naturalization if:
-
you have been a lawful permanent
resident for five years,
-
you have been a lawful permanent
resident for three years, have been married to a US
citizen for those three years, and continue to be married
to that U.S. citizen,
-
you are a lawful permanent resident
child of United States citizen parents, or
-
you have qualifying military service.
Children under 18 may automatically become citizens when
their parents naturalize.
WHAT IS AN IMMIGRANT?
A person coming to the US to remain
permanently or for an indefinite period of time and to
make the United States the primary place
of residence. A permanent resident of the US is an
immigrant. A person who plans to become a
permanent resident is an intending immigrant.
WHAT IS A VISA?
An authorization issued by a US consul
permitting a person to come to a US port or inspection point
to apply to be admitted to the US for the purpose of the
particular visa. A visa does not give the bearer the right
to enter the US but only the right to apply to be admitted
at an inspection point.
WHAT IS AN IMMIGRANT VISA?
An Immigrant visa is the visa given to a
person by a US consul after qualifying for permanent
residence. After arriving in the US, the person will receive
a green card. Immigrant visas are issued to those who
qualify for residence in the United States. There are
various applications for residence some are listed below:
-
Employment Based Visas and Special Ability Visas
-
Family Relations Visas
-
Lottery Diversity Visa
-
Religious Worker Visa
-
Investors/Entrepreneur Visas
-
Refugee/Asylum/Protected Status
WHAT IS A GREEN CARD?
A Permanent Resident Card, which is
commonly known as a Green Card, is evidence of your status
as a lawful permanent resident with a right to live and to
work permanently in the United States, to travel in and out
of the country without a visa, to work at any job, and to
accumulate time toward U.S. citizenship. It also is evidence
of your registration in accordance with the United States
immigration laws. The Permanent Resident Card is also called
Form I-551.
WHAT IS A NONIMMIGRANT?
A nonimmigrant is a person coming to the
US for a limited period of time who intends to return to
another country after the stay in the US ends. Also, a class
or type of visa issued for a nonimmigrant purpose such as
visitor, student, diplomat, and others.
WHAT IS A NONIMMIGRANT VISA?
A nonimmigrant visa is a visa that allows
a nonimmigrant to remain within the United States for a
particular purpose. A nonimmigrant visa for a particular
category is valid for entry only for the purpose for which
it was originally issued. For example, a student visa cannot
be used for entry as a visitor, nor can the possessor of a
visitor visa enter to study.
A visa is not a guarantee of entry into
the United States. The bearer of a visa is subject to
inspection at the port of entry by US Immigration officials
who have authority to deny admission.
Therefore, the recipient of a visa should
carry with him/her, for possible presentation to immigration
inspectors, the evidence submitted to the consular officer
when the visa was obtained.
The validity period shown in a
nonimmigrant visa relates only to the period during which it
may be used in making application for admission into the
United States, it does not indicate the length of time the
alien may spend in the United States. The U.S. Immigration
authorities at the port of entry determine the period for
which the bearer of a nonimmigrant visa is authorized to
remain in the United States. A nonimmigrant that remains in
the United States beyond the period for which he/she has
been granted permission to stay may become subject to
deportation.
WHAT IS A PERMANENT RESIDENT?
A status held by a person after
qualifying and being registered by the Immigration Service.
This status allows the person to live permanently in the US,
to travel in and out without a visa, to work at any job, to
accumulate time toward US citizenship. The status is shown
by possession of an identification card commonly called a
green card.
IS IT POSSIBLE TO BE A DUAL CITIZEN OF
THE UNITED STATES OF AMERICA AND ANOTHER COUNTRY?
Yes. If you have been a dual citizen from
birth or childhood, or you became a citizen of another
country after already having US citizenship, you may qualify
for duel citizenship. As long as the other country in
question does not have any laws or regulations requiring you
to formally renounce your US citizenship before US consular
officials, then current US law unambiguously assures your
right to keep both citizenships for life.
WHAT IS REMOVAL?
Removal, formerly called "deportation",
is the procedure that the U.S. government begins when it
wants to expel a noncitizen.
WHAT ARE THE GROUNDS FOR REMOVAL?
Noncitizens can be expelled for a number
of reasons:
1. A person who entered the country
on a temporary visa, that has since expired.
2. A person who has entered the
country illegally.
3. A person who has violated
immigration laws.
4. A long-time immigrant who has a
green card can be expelled if they commit a crime, or
have committed a crime in the past.
5. There are many grounds for
removal, which arise out of economic, moral, political,
security, health, criminal, or other concerns.
There are additional grounds for removal
added by the new immigration law enacted in 1996. They
include:
1. Making a false claim of U.S.
citizenship in order to receive a benefit under the
immigration laws (even for employment purposes).
2. Conviction for a crime that was
the result of domestic violence, stalking, or child
abuse.
Although a person may be able to seek a
waiver of removal in certain circumstances, there are some
grounds for removal that can not be waived.
WHAT IS A WAIVER?
In limited circumstances, a lawful,
permanent resident who is removable because of the
commission of a crime can seek a waiver. The person must
show that the positive factors of staying in the country
outweigh the crime.
The positive factors may include: length
of time in the United States; family ties to this country;
extreme hardship if removed; good moral character;
rehabilitation; good employment history; and health needs.
If relief from removal is granted, the
person can remain in the United States as a lawful permanent
resident.
WHAT IS A VOLUNTARY DEPARTURE?
If a person has been in the United States
for at least one year before the government seeks removal,
is of good moral character, and has the money and
willingness to leave the country voluntarily, then that
person can obtain a limited amount of time to exit
voluntarily.
WHY WOULD A PERSON SEEK VOLUNTARY
DEPARTURE?
Departing voluntarily, rather than at
government expense, can make it easier for the person to
obtain a visa to re-enter the United States in the future.
Otherwise, a person who is removed by the government is
barred from re-entering the country for five years or 20
years if convicted of an aggravated felony.
WHAT CAN HAPPEN IF YOU FAIL TO APPEAR AT
REMOVAL HEARING?
Failure to appear at a removal hearing
can result in an order of removal entered in the person's
absence. Once this occurs, the person is barred from seeking
many types of relief from removal for ten years.
More About Immigration
