COMMON IMMIGRATION LAW QUESTIONS:

How does a person get permission to enter the United States?

The basic method is by way of a visa. In most cases, the American Embassy or Consulate in a foreign country will grant a visa to a foreign national of that country. The visa will be stamped in the person’s passport, and it will allow entry into the United States at a border checkpoint or other controlled point of entry (an international airport in the United States, for example).

There is a program, called the Visa Waiver Pilot Program, which allows tourists from certain countries (for example, Canada, New Zealand, Japan, and many European countries) to enter the U.S. and travel here for up to 90 days merely by possessing a valid passport. No specific visa is necessary.

How do I bring my relatives to the United States to live permanently?

There are two basic answers, depending upon your own personal status. If you are a United States citizen, you are allowed to sponsor certain relatives for entry into the country. The relatives include:

• Your spouse (husband or wife)
• Your children (son/daughter)
• Your parents, brothers and sisters

Bear in mind that there is no age limitation regarding sponsored children. You must be over 21 years of age in order to sponsor your parents, siblings, or an unmarried child. You can also sponsor a fiancée.

How do I become a United States citizen?

The basic requirements are as follows:

• You must have been admitted to lawful permanent residence for 5 years. The requirement is 3 years if you hold a Green Card that was obtained through marriage to a United States citizen. You must also have maintained residence here for those same time periods.
• You must be at least 18 years old.
• You must be physically present in the United States for half of the time listed above (that is, if the residency requirement is 5 years, you must have been physically within the United States border for 2½ years.
• You must be an actual physical resident of the state in which the petition is filed for at least three months immediately before submitting the application.
• You must be a person of good moral character for the entire period of your residency.
• You must demonstrate an elementary level of English proficiency (reading, writing, speaking, understanding).
• You must have knowledge and understanding of the fundamentals of United States history and government.

Although there are some exceptions to these requirements for veterans, current members of the military, the disabled, foreign spouses married to non-resident citizens, and permanent residents who work for companies that promote American interests abroad, these are the basic rules.

If I have a Green Card, can I leave the United States and return home?

Yes, but be careful. The whole point of a Green Card is that it signifies your intent to make the United States your permanent home. The law allows you to travel, and to use the Green Card as a “reentry document.” You are allowed to stay abroad for up to six (6) months. If you exceed that limit, there is a rebuttable presumption that you intended to abandon your residence here. Furthermore, if you stay out of the country for over a year, you can lose your right to use the Green Card to reenter the United States. If you have a Green Card and intend to leave the country for over a year, it is advisable to obtain a “reentry permit,” which upon issuance will indicate that the INS has accepted your reason(s) for leaving the country and recognizes that the extended absence from the country is a temporary matter.

What sort of visa to you need in order to work in the United States?

The short answer is that you need a “working visa” or some form of work authorization card. Some non-immigrant visas confer permission to work, but even if you don’t have one of those, you may nevertheless be eligible to obtain permission to work provided you have a particular skill that a particular employer needs and desires that you perform. Although the procedure can be cumbersome, a qualified immigration attorney can assist you and your potential employer in obtaining the appropriate work visa.

Sometimes, foreign students desire to work in the United States, either during break periods or other times. If this is your desire, you should check with your school’s foreign student adviser before proceeding further.

If you have a college degree and desire to work in the United States, you may apply for a non-immigrant visa, commonly known as a “H-1B visa.” This allows temporary employment of aliens in what are referred to as “specialty occupations.” A specialty occupation is defined by the INS as a job or profession that requires the application and use of specialized knowledge. In order to qualify, you will need a sponsoring employer; the job in question must require a bachelor’s degree or higher; and you must possess the appropriate degree. You stay in the country cannot exceed six (6) years. Although you may well need the assistance of an immigration lawyer, there are many professional occupations that can qualify, such as accountants, engineers, and so forth.

Why do I need an immigration lawyer?

Because the laws are very specific and many times it takes a good lawyer to properly navigate through the system. You want to be applying for the correct type of visa, and you want the application presented in the proper form. Competent immigration attorneys “know the ropes,” and they can provide invaluable assistance in this very important endeavor of obtaining permission to enter the country, whether it is for the purpose of study, work or to become a United States citizen.