Frequently Asked Questions

   
 

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GREEN CARDS
What is the Green Card?

This is the common name for the official card called the "alien registration receipt card". Years ago, the color of the card was actually green, then for a while they were red, white and blue. Today they are pink. A green card is not just a permit to work and stay in the U.S. It identifies the holder as a "permanent resident" of the U.S. Green card holders are required to make the U.S. their permanent home. If a green card holder's permanent residence is outside the U.S., the green card will be revoked. You may travel outside the U.S., but must not live in another country.

All green cards are issued for 10 years. This does not mean that the residency privilege expires after 10 years but the card must be replaced.

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Who Can Get a Green Card?

    IMMEDIATE RELATIVES
    Immediate relatives of U.S. citizens can get a green card. There are no quotas on the numbers who may apply. Immediate relatives are:
  1. spouses of U.S. citizens including recent widows and widowers
  2. unmarried children under 21 who have at least one U.S. citizen parent
  3. parents of U.S. citizens, if the U.S. citizen child is over 21
  4. stepchildren, if the relationship was created before the child's 18th birthday
  5. adopted children, if the adoption took place before the child's 16th birthday

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Green Card Preferences with a Quota

    FAMILY PREFERENCE GREEN CARDS
  1. unmarried children of any age with one U.S. citizen parent
  2. spouses of green card holders and unmarried children under 21
  3. married people of any age with one U.S. citizen parent
  4. sisters and brothers of U.S. citizens where the citizen is over 21
    EMPLOYMENT PREFERENCE GREEN CARDS
  1. priority workers, people with extraordinary ability in the arts, sciences, education, business or athletics
  2. professors and corporation managers
  3. professionals with advanced degrees
  4. skilled workers in areas where there is a shortage of U.S. citizens
  5. investors willing to invest $1,000,000

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What is the Green Card Lottery?

This is called the "Diversity Immigrant Visa Lottery" established in the 1996 Immigration Act by the U.S. Congress. It was established to give immigration opportunity to natives of other countries that are not the main source of immigration to the U.S.

The government makes available 55,000 residence visas each year through a lottery. This enables people who win the lottery to work and stay permanently in the U.S. Applicants can enroll regardless of age, residence, or visa status and must either have at least 12 years education worked in an occupation for at least 2 years requiring at least 2 years of training or experience.

Unfortunately, people born in mainland China, Vietnam, South Korea, Philippines, Pakistan, Mexico, Columbia, India, Haiti, Dominican Republic, United Kingdom and Canada are not eligible.

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CITIZENSHIP
How Do You Qualify to Become a U.S. Citizen?

To become a U.S. citizen, you must have held a green card and been physically present in the U.S. for a period of time (usually 5 years). Candidates are required to be of good moral character, have a knowledge of English, and be familiar with American government and history. In addition you must be 18 years old. Children under 18 who hold green cards may become citizens automatically if they have a U.S. citizen parent.

If you are already married to a U.S. citizen, you need only have held a green card for a minimum of 3 years to qualify.

People who have committed crimes such as felonies during the previous 5 years are not eligible to become U.S. citizens even if they have a green card.

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Who Qualifies as a U.S. Citizen?

  1. birth in the U.S.
  2. birth to U.S. citizen parent anywhere
  3. naturalization
  4. naturalization of parents

Interestingly, many people born in other countries are pleasantly surprised to find they are already U.S. citizens, if anyone in a direct line of their ancestors was a U.S. citizen (such as a grandparent). There are various laws that deal with this, but if you believe that an ancestor was a U.S. citizen, it is definitely worth looking into.

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VISAS
Types of Visas

Most Issued Visas

    Fiancee and Spouse Visas
  • K-1   Fiancee of U.S. citizen coming to get married
  • K-2   Spouse of U.S. citizen who has filed to enter U.S.
  • K-3   Unmarried, minor child of K-1 visa holder
  • V   Spouses and minors of permanent residents who have waited 3 years to get a green card
    Tourist and Business Visas
  • B-1   Business visitor
  • B-2   Tourist
  • C-1   Foreign travelers in transit through U.S.
  • C-2   Crewmen from ships and planes
    Worker's Visas (temporary)
  • H-1B   Requires a BA degree
  • H-2A   Temporary workers, such as agricultural laborers
  • H-2B   Temporary foreign workers to fill in when there is a lack of U.S. workers in certain occupations
  • H-3   Crewmen from ships and planes
  • H-4   Immediate family of H visa holders
  • L-1   Workers transferred to U.S. from a foreign subisdary of a U.S. company
  • O   Person of extraordinary abilities
  • P-1   Outstanding athletes, teams, entertainers
  • Q-1   International exchange programs
  • R-1   Religious workers
  • R-2   Religious worker's family members
    Student Visas
  • F-1   Full time students getting a degree in U.S.
  • F-2   Immediate family of F-1 visa holders
  • M-1   Full time vocational certificate students
    Other Visas
  • A-1   Consular workers (embassies)
  • A-2   Family members of consular workers
  • A-3   Servants of consular workers

  • E-1   Treaty traders
  • E-2   Investors with lots of cash

  • S   Persons coming to the U.S. to provide critical information about crimes

  • ET   Victim of trafficking
  • ETN   NAFTA professionals

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OVERSTAYED VISA HOLDERS, UNDOCUMENTED PERSONS, AND DEPORTATION
Strategies for Overstayed Visa Holders

Attorney Rose specializes in working with people who originally came to the U.S. with a valid visitor, student or other type of visa and are now staying beyond the expiration date. Persons who have overstayed are considered "Out of Status" by the BCIS (formally called the INS) and subject to deportation if found out by the BCIS. In many cases, Attorney Rose has a number of strategies to keep this from happening based on employment, marriage, legal status in a person's home country, and date of entry into the U.S.

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Strategies for Undocumented Persons

Persons who come to the U.S. without inspection at the border (entered illegally) are labeled EWI by the BCIS (formally the INS). EWI means "entered without inspection." The U.S. government has made certain provisions available that enable persons who are undocumented to gain permanent residence by marriage, asylum or other means (including 241(I) amnesty relief at certain times). The process is complicated and we strongly advise persons who are undocumented to work with an experienced immigration attorney before applying for any form of relief in order not to expose themselves to deportation.

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Strategies for Persons Facing Deportation

Persons who have overstayed their visas or who have entered illegally are subject to deportation if found out. Unfortunately, they are subject to arrest by the BCIS and are put into custody until they go before an Immigration Judge. Several strategies are possible before the Judge including petitions for Asylum, Withholding of Removal, Motion to Terminate Proceedings, and Suspension of Deportation. If the person has strong family ties in the U.S., bail may be available to them while they await a hearing of their case.

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