FAQ
Frequently Asked Questions
What is the difference between an
immigrant and a non-immigrant?
What are the different types of
non-immigrants?
How do I get a Green Card (Legal Permanent
Residence)?
How do I get a greencard through a family
member?
For which family members may I petition
for a greencard?
Is there anything that might prevent me
from getting a greencard, even though my relative is a US citizen?
How can I study in the United States?
How can I become a US citizen?
What is the difference between an immigrant and a
non-immigrant?
An immigrant is someone who has made the United States
their home, and intends to stay permanently. A non-immigrant comes to
the US temporarily, and will return to their home in another country
after their trip to the US ends.
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What are the different types of non-immigrants?
There are many different reasons people come to visit
the United States temporarily. Some visit as tourists or to conduct
business. Many come to attend conferences or visit friends and
relatives. Others come as students or to enroll in a training program.
Ministers and religious leaders may come to the US temporarily to preach
or work on religious affairs. Artists, athletes, musicians, and dance
groups visit us to share their talents and entertain us. Scholars,
scientists and researchers may teach, attend seminars, and exchange
ideas with their colleagues in the US. Many people come temporarily to
pick our crops or work in our tourist industry. Others with high
academic training and skills work in professional jobs temporarily. The
US government has different non-immigrant status’ for all of these
different reasons for coming to the US temporarily.
Some of the most common non-immigrant categories are:
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How do I get a Green Card (Legal Permanent
Residence)?
The United States government gives green cards (legal
permanent residence) to people in three main categories. The first group
of people who may get greencards are relatives of US citizens and legal
permanent residents. Parents, children, brothers, sisters, adult
unmarried sons and daughter, step-children and adopted children are
included in this category.
The second category of people who may qualify for
greencards are employees. Their employers have petitioned for these
employees to live and work in the US because they could not find a
qualified US worker to fill their job.
The US government also allows people who fear
persecution to become legal permanent residents. The foreign national
must show either that he or she will receive cruel treatment or torture
by his or her home government, or that he or she has been or will be
persecuted because of her race, religion, ethnicity, political opinion,
or membership in a social group. Refugees and political asylees are part
of this category.
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How do I get a greencard through a family member?
- The process for getting a greencard through a
relative can be long and complicated. First, the relative must file
an immigrant visa petition. The relative must show proof of your
relationship, such as spouse, daughter, etc.
- The next step is to be sure that there is a visa
number available for you. Whether or not there is a visa available
depends on your relationship to the petitioner (spouse, brother,
step-son) and your country of nationality.
- If you are in the United States when a visa is
available, you may be able to apply for your green card in the US,
through a process called “Adjustment of Status”. If you are outside
the US, you may have to apply for your greencard at a US consulate.
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For which family members may I petition for a
greencard?
If you are a U.S. citizen, you may petition the
US government to give a greencard to your child, (biological, adopted or
step-child), your adult son or daughter, your parent or step-parent, and
a brother and sister.
If you are a lawful permanent resident, you may petition for your child
(unmarried and under 21 years of age) and an unmarried son or daughter (
21 years of age and older). As a legal permanent resident, you may not
petition for a married son or daughter.
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Is there anything that might prevent me from getting
a greencard, even though my relative is a US citizen?
The US government is selective about who can become a
legal permanent resident. The government considers a number of different
things in deciding whether to give an applicant a greencard. Among other
things, they look at whether you committed a crime or overstayed a visa
in the past, whether you are in good health, whether you entered the US
without permission, and whether you worked in the US without permission.
If you have been deported or removed from the US in the past, you may
not be allowed to get a greencard for a number of years. If you have any
of these problems, you may be able to ask the US government to excuse
the problem, by filing a “waiver”.
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How can I study in the United States?
If you would like to come to the United States to
study, you should apply for either an F-1 or M-1 visa. The F-1 category
is for students in colleges, universities, seminaries, conservatories,
and language schools. The M-1 category is for vocational studies.
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How can I become a US citizen?
There are a number of different paths to citizenship,
but the easiest is to be born on US soil. If your parent was born on US
soil, or has become a citizen through naturalization, you, too, may
automatically become a citizen. If you were not born on US soil, and
neither of your parents is a US citizen, you will have to apply for
Naturalization. In order to become a naturalized US citizen, you must:
- Be a legal permanent resident;
- Live in the US for a set time and maintained
residence here;
- Be able to read, write, and speak English;
- Have a knowledge and understanding of U.S. history
and government;
- Be a person of good moral character;
- Believe in the U.S. Constitution; and,
- Generally like the United States and its government.
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This publication and the information included in it are
not intended to serve as a substitute for consultation with an attorney.
Specific legal issues, concerns and conditions always require the advice of
appropriate legal professionals.
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