Bernard Sidman » Frequently asked questions

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.

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 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.

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 (818) 981-0352 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.

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.

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.

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) 981-0352 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.

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.

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
.

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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Frequently asked questions

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?

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?

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?

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”)

Religious Workers

Temporary Protected Status (“TPS”)

Travel

Pages

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?

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?

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?