What is a nonimmigrant visa? How is it different from an immigrant visa?What do you have to do to get a nonimmigrant visa?How long does it take to get a nonimmigrant visa? Once you are granted a visa, does this mean you are admitted to the US? How long can you stay in the US once you are granted a nonimmigrant visa? What do employers have to do to hire foreign nationals as temporary workers? What happens if you remain in the US after your date of departure? What is the visa waiver program? Can you change your visa status once you are in the US? Once you enter the US on a nonimmigrant visa, can you decide to stay permanently?
VISAS
A: Nonimmigrant visas are granted to foreign nationals who wish to travel to the US for a temporary purpose, such as to visit friends and family, sight-see, attend an American university or participate in a temporary work program, among others. Immigrant visas allow foreign nationals to move permanently to the US and receive lawful permanent resident status. Those visiting the US on nonimmigrant visas are required to return to their home country once their allotted time has expired.
Q: What do you have to do to get a nonimmigrant visa?
A: Generally, you submit an application to the US embassy or consulate in your country of residence. Most applicants also will need to complete an interview with a consular or embassy officer prior to receiving approval or denial of their visa application. Applicants must have a current passport or other travel document, be able to prove they have applied for the correct nonimmigrant category and be eligible under US law for a visa. Applicants also must submit evidence of their ties to their home country and their intent to return there once their stay in the US has come to an end. Applicants may also need to prove their ability to provide for themselves financially while in the US.
Q: How long does it take to get a nonimmigrant visa?
A: Processing times vary. The type of nonimmigrant visa you are applying for, your country of residence, your age, the completeness of your application and other factors determine how long it will take. Your local embassy or consulate can provide you with an estimate of the wait time. It is best to apply for your visa as soon as you are able, and keep in mind that the busiest months for processing visas are June, July and August.
Q: Once you are granted a visa, does this mean you are admitted to the US?
A: No. A visa allows a foreign national to travel to a US port of entry. Some visas are only valid for a certain amount of time while other visas do not have expiration dates. Once the foreign national arrives at the US port of entry, a US government official will determine whether he or she can enter the US.
Q: How long can you stay in the US once you are granted a nonimmigrant visa?
A: When you arrive in the US, a Homeland Security officer will determine at that time how long you are permitted to stay and stamp this date on a small card called the I-94. On this date, you must leave the US, unless you have been granted an extension of your stay by the US Citizenship and Immigration Services.
Q: What do employers have to do to hire foreign nationals as temporary workers?
A: To hire temporary workers, employers must file a petition with the US Citizenship and Immigration Services (USCIS). Employers seeking to hire certain categories of workers, H-1B (specialty occupations), H-2A (temporary agricultural workers) and H-2B (skilled and unskilled workers), must receive certification from the US Department of Labor prior to filing their petition with the USCIS. Once the employer has received notice from the USCIS that he or she can hire temporary workers, the foreign nationals then can file for nonimmigrant worker visas.
Q: What happens if you remain in the US after your date of departure?
A: Staying even one day after your scheduled date of departure is a violation of US law and places you out of status. Your visa is automatically invalidated and you may not be able to return to the US in the future. In some limited situations, the overstay may be excused if it was due to extreme circumstances out of your control. If you wish to stay in the US longer than you have been authorized, you should file for an extension with the USCIS. Otherwise, on your date of expiration, you must leave the country and return home, where you can file for a new visa.
Q: What is the visa waiver program?
A: Under the visa waiver program, foreign nationals from certain countries are permitted to travel to the US without a visa. The program currently applies to 27 countries and only applies to those traveling to the US for business or pleasure with a B-class visa. Visitors who qualify under the visa waiver program are not permitted to stay in the US longer than 90 days and may not request an extension of their stay or change of status.
Q: Can you change your visa status once you are in the US?
A: You can apply for a change of visa status to another nonimmigrant visa status while you are in the United States. For example, someone on a B-1 visitor visa may decide he or she would like to attend an American university and apply for a student visa. To change your nonimmigrant status, you must submit an application to the US Citizenship and Immigration Services. Not all nonimmigrant classes are permitted to change status. An immigration attorney can provide you with further information about your eligibility.
Q: Once you enter the US on a nonimmigrant visa, can you decide to stay permanently?
A: The short answer is yes, but it can be very difficult to do so. If you know at the outset that you want to live for an indefinite period of time or even permanently in the US, it is best to apply for lawful permanent resident status. Those who use nonimmigrant visas as a pretext to gain entry into the US and then try to change their status to permanent residents can face removal proceedings if it is determined they misrepresented their intentions for coming to the US. However, there are legal ways to become a permanent resident if you came to the US on a temporary visa. It is best to consult an attorney as soon as possible to find out whether you will qualify for this change in status.
CITIZENSHIP
Q: How can I become a United States citizen?A: A person may become a U.S. citizen (1) by birth or (2) through naturalization.
Q: Who is born a United States citizen?A: Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens:
(a) By being born in the United States
If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.
(b) Through birth abroad to TWO United States citizens
In most cases, you are a U.S. citizen if ALL of the following are true:
Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file a Form N-600, "Application for Certificate of Citizenship". You may call the USCIS Forms Line at 1(800) 870-3676 to request a Form N-600.
Q: Through birth abroad to ONE United States citizen
A: In most cases, you are a U.S. citizen if ALL of the following are true:
Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with USCIS to get a Certificate of Citizenship.
*If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent`s 14th birthday.
Q: How do I become a naturalized citizen?A: If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older use the "Application for Naturalization" (Form N-400) to become naturalized. Persons who acquired citizenship from parent(s) while under 18 years of age use the "Application for a Certificate of Citizenship" (Form N-600) to document their naturalization . Adopted children who acquired citizenship from parent(s) use the "Application for a Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643) to document their naturalization. You may call the Forms Line at 1(800) 870-3676 to request Form N-400, N-600, or N-643.
Q: What are the requirements for naturalization?A: For more details on the eligibility requirements for naturalization, please see the section of this website entitled Am I Eligible? and complete the Eligibility Worksheet or see Section 4 "Who is Eligible For Naturalization" in the Guide to Naturalization. Q: When does my time as a Permanent Resident begin?
A: Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as Alien Registration Card).
Q: What form do I use to file for naturalization?A: You should use an "Application for Naturalization" (Form N-400). You may call the Forms Line at 1(800) 870-3676 to request a Form N-400. Q: If I have been convicted of a crime but my record has been expunged, do I need to indicate that on my application or tell an Immigration officer?
A: Yes. You should always be honest with Immigration regarding all:
Even if you have committed a minor crime, Immigration may deny your application if you do not tell the Immigration officer about the incident. It is extremely important that you tell Immigration about any arrest even if someone else has advised you that you are not required to do so.
Q: Where do I file my naturalization application?A: You should send your completed "Application for Naturalization" (Form N-400) to the appropriate USCIS Service Center. For information about the Service Center that serves your area, please refer to the state map under Where Do I Apply? Remember to make a copy of your application. DO NOT send original documents with your application unless the checklist on page 34 states that an original is required.
Q: Will USCIS provide special accommodations for me if I am disabled?A: Some people with disabilities need special consideration during the naturalization process. USCIS will make every effort to make reasonable accommodations in these cases. For example, if you use a wheelchair, we will make sure your fingerprint location is wheelchair accessible. If you are hearing impaired and wish to bring a sign language interpreter to your interview, you may do so. Asking for an accommodation will not affect your eligibility for naturalization. USCIS makes decisions about making accommodations on a case-by-case basis. Q: Where is my local Immigration office?A: Go to www.USCIS.com
Q: What is the fee for processing an application?A: The current fee for processing a naturalization application, as well as the fees for other applications, can be found on the forms and fee page.
Q: How can I pay my application fee?
A: You must pay your application fee with a check or money order drawn on a U.S. bank in U.S. dollars payable to "USCIS."
Q: How long will it take to become naturalized?
A: The time it takes to be naturalized varies from one local office to another. In 1997, in many places, it took over 2 years to process an application. USCIS continues to improve the naturalization process. As of October 2001, USCIS reported that it takes, on average, between 6 and 9 months to become naturalized. Q: Where can I be fingerprinted?A: After USCIS has received your application, we will notify you of the location where you should get fingerprinted. For more information about fingerprinting, visit the site on Fingerprints or see page 36 of the Guide to Naturalization. Q: How do I determine the status of my naturalization application?A: For information, please see "Finding the Status of Your Case" at www.uscis.gov. Q: What if I cannot make it to my scheduled interview?A: It is very important not to miss your interview. If you have to miss your interview, you should notify the office where your interview is scheduled by mail as soon as possible. In your letter, you should ask to have your interview rescheduled. Rescheduling an interview may add several months to the naturalization process, so try not to change your original interview date. If an emergency arises and you absolutely cannot make your appointment, call the National Customer Service Center at 1-800-375-5283 to request rescheduling. The NCSC will record the information, and pass it on to the local office, which will make the final decision whether to reschedule your appointment. If you miss your scheduled interview without notifying USCIS, we will "administratively close" your case. Unless you contact USCIS to schedule a new interview within 1 year after USCIS closes your case, we will deny your application. USCIS will NOT notify you if we close your case because you missed your interview.
Q: What do I do if my address has changed?
A: If you have a pending application or petition at a Service Center, go online at www.uscis. gov or call the NCSC toll-free number at 1-800-375-5283 when you move to report your address change. Please note that every alien must report a change of address whenever he or she moves. Special Registration address change requirements also apply to some aliens. Note you are required to file a Form AR11, Change of Address Form.
Q: If USCIS grants me naturalization, when will I become a citizen?A: You become a citizen as soon as you take the Oath of Allegiance to the United States. In some places, you can choose to take the Oath the same day as your interview. If that option is not available or if you prefer a ceremony at a later date, USCIS will notify you of the ceremony date with a "Notice of Naturalization Oath Ceremony" (Form N-445).
Q: What should I do if I cannot go to my oath ceremony?
A: If you cannot go to the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" (Form N-445) that USCIS sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to USCIS. Your local office will reschedule you and send you a new "Notice of Naturalization Oath Ceremony" (Form N-445) to tell you when your ceremony will be.
Q: What can I do if USCIS denies my application?
A: There is an administrative review process for those who are denied naturalization. If you feel that you have been wrongly denied naturalization, you may request a hearing with an immigration officer. Your denial letter will explain how to request a hearing and will include the form you need. The form for filing an appeal is the "Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act" (Form N-336).
Q: Can I reapply for naturalization if USCIS denies my application?A: In many cases, you may reapply. If you reapply, you will need to complete and resubmit a new N-400 and pay the fee again. You will also need to have your fingerprints and photographs taken again. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the test.
Q: What do I do if I have lost my Certificate of Naturalization? What do I use as proof of citizenship if I do not have my certificate?
A: You may get a new Certificate of Naturalization by submitting an "Application for Replacement Naturalization/Citizenship Document" (Form N-565) to USCIS. You may call the Forms Line 1 800-870-3676 to request Form N-565.
Submit this form with the fee to your local USCIS office. It may take up to one year for you to receive a new certificate. If you have one, you may use your passport as evidence of citizenship while you wait for a replacement certificate.
Q: Do I need to obtain a new Permanent Resident Card (formerly known as an Alien Registration Card) when USCIS issues a new version of the card?A: No, you only need to renew your Permanent Resident Card when it expires.
Q: If I am a U.S. citizen, is my child a U. S. citizen? A: A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in (or came to) the United States for a period of time prior to the child’s birth, is considered a U.S. citizen at birth.
A child who is:
If you and your child meet all of these requirements, you may obtain a U.S. passport for the child as evidence of citizenship. If the child needs further evidence of citizenship, you may submit an "Application for Certificate of Citizenship" (Form N-600) to USCIS to obtain a Certificate of Citizenship. If the child meets the requirements of Section 101(b)(1) of the Immigration and Nationality Act as an adopted child, you may submit an “Application for Certificate of Citizenship on Behalf of an Adopted Child” (Form N-643). (Note: a child who meets these requirements before his or her 18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or she turns 18.)
*NOTE – Children who immigrate in the “IR-3” or “IR-4” categories must have had an immigrant petition filed on their behalf before their 16th birthday; see answers to Question 25 below. All adoptions for any other type of immigration benefit, including naturalization, must be completed by the child`s 16th birthday, with one exception: A child adopted while under the age of 18 years by the same parents who adopted a natural sibling who met the usual requirements.
**NOTE – The “one U.S. citizen parent” rule only applies to children who were under age 18 on or after February 27, 2001. For children claiming automatic citizenship prior to this date, the individual in certain cases would have to establish that the parent or parents who were not U.S. citizens by birth had naturalized (or that the naturalizing parent was separated or legally divorced and had legal custody of the child).
Q: If I am a U.S. citizen, but my child does not meet the requirements listed above, can I still apply for citizenship for my child?A: A child who is regularly residing IN the United States can become a citizen of the United States only by meeting the requirements listed in the answer to Question 24 above. If a child regularly resides IN the United States and is not a lawful permanent resident, he or she cannot acquire citizenship automatically until he or she is granted lawful permanent residence. If a child who has been lawfully admitted for permanent residence fails to qualify for citizenship under the provisions of law, the child may apply for naturalization by filing an N-400 after reaching 18 years of age, provided that he or she has the required 5 years of lawful permanent residence.
U.S. citizens may apply for citizenship for their children by birth or adoption who do NOT regularly reside in the United States, if all of the following conditions are met:
If the foregoing conditions are met, the citizen parent can apply for a certificate of citizenship on behalf of a legitimate or legitimated child using an "Application for Certificate of Citizenship" (Form N-600) or, in the case of an adopted child, an “Application for Certificate of Citizenship on Behalf of An Adopted Child” (Form N-643). If the citizen parent is relying on the grandparent’s physical presence in the United States, the citizen parent should also submit Form N-643, Supplement A. Both the citizen parent and the child must appear at an interview with an Immigration officer in the United States. The child must meet ALL of the required conditions at the time when he or she takes the Oath of Allegiance (Note: the Oath may be waived if the child is too young to understand it).
Q: If the U.S. citizen who transmitted citizenship to a child through one of the scenarios described in # 24 above or who could have applied for naturalization and the issuance of a Certificate of Citizenship through the procedure described in # 25 above has died, can the child still obtain a Certificate of Citizenship?
A: A person who became a U.S. citizen through one of the scenarios described in # 24 above can be issued a Certificate of Citizenship at any time in his or her life as long as he or she has not gone through the difficult procedure of renouncing U.S. citizenship. If the person has not yet reached their 18th birthday, a legal guardian can file the application. If the person has reached their 18th birthday, either the person or a legal guardian can file the application.
A child who could have been the beneficiary of an application filed through the procedure described in # 25 above, except for the death of a U.S. citizen parent, can become a U.S. citizen and can be issued a Certificate of Citizenship, if the following conditions are met:
Once all of the requirements have been met, any U.S. citizen grandparent or duly appointed U.S. citizen legal guardian can file an application on behalf of an eligible child. The child must be residing outside the United States in order to be eligible for this benefit, but the applicant can reside in or outside the USA. Although the cutoff date for applications pursuant to 322 filed by a citizen grandparent or by a citizen legal guardian is five years after the death of the citizen parent, the joint interview of the applicant and the child beneficiary can be conducted at any Immigration Office in the United States that conducts these interviews at any time while the child is still under the age of eighteen years.
Q: How do I register with selective services?A: Selective Service registration allows the United States Government to maintain a list of names of men who may be called into military service in case of a national emergency requiring rapid expansion of the U.S. Armed Forces. By registering all young men, the Selective Service can ensure that any future draft will be fair and equitable.
Federal law requires that men who are at least 18 years old, but not yet 26 years old, must be registered with Selective Service. This includes all male non-citizens within these age limits who permanently reside in the United States. Men with "green cards" (lawful permanent residents) must register. Men living in the United States without Immigration documentation (undocumented aliens) must also register. But men cannot register after reaching age 26.
Q: Why Do I Need to Register with the Selective Service?
A: Failure to register for the Selective Service may (in certain instances) make you ineligible for certain immigration benefits, such as citizenship.
For instructions on registering with Selective Service as an immigrant, please see the Selective Service System`s "Registration Information."If you would like to confirm that you or someone else are registered with Selective Service, please see the Selective Service System`s "Check a Registration" Webpage.If you would like answers to frequently asked questions about Selective Service, please see Selective Service System`s "Frequently Asked Questions" Webpage. Q: I lost my Naturalization Certificate and I need to travel outside the U.S., how can I obtain proof of my citizenship so that I can apply for a U.S. passport with the Department of State?
A: You should file Form N-565 (Application for Replacement Naturalization Citizenship Document) with your local office to replace the lost certificate. You may also contact the Department of State for information on how to obtain a passport.
