Information Center Immigration
Frequently Asked Questions about Immigration
Q: Which family members may sponsor someone for a US visa?
A: A US citizen may sponsor a spouse, parent, sibling, minor child or adult child (regardless of marital status) for an immigrant visa. Additionally, aliens with legal permanent resident status (or a "green card") may sponsor a spouse or unmarried child.
Q: How can a foreign national gain legal permanent resident (LPR) status?
A: The two main ways a foreign national can gain LPR status is to be sponsored by 1) family member already living in the US as a citizen or legal permanent resident; or 2) an employer for a permanent, full-time employment position in the US. Foreign nationals also may be eligible to register for the diversity lottery and refugees may be able to resettle in the US or apply for asylum.
Q: If a foreign national is ineligible for legal permanent resident status, are there other ways to enter the US legally?
A: Foreign nationals may be able to enter the US for a temporary amount of time with a nonimmigrant visa. However, to receive a nonimmigrant visa, the foreign national must meet the requirements for one of the nonimmigrant categories. Those wishing to visit family members in the US, travel, conduct business, enroll in a technical school or university or seek temporary employment may be eligible for a nonimmigrant visa. For more information on the different types of nonimmigrant visas, visit the US Citizenship and Immigration Services site at http://www.uscis.gov.
Q: What is the diversity lottery?
A: The diversity lottery is a Department of State program which issues 50,000 visas each year to foreign nationals from countries with low immigration rates to the US. Foreign nationals who meet the criteria for the lottery are placed into a pool and randomly selected by a computer program for the available visas. Only foreign nationals from countries that sent less than 50,000 immigrants to the US over the past five years are eligible for the lottery.
Q: What are nonimmigrant visas?
A: Nonimmigrant visas are visas that allow foreign nationals to travel to the US for a temporary amount of time for a specific purpose, such as education or business. Applicants for these types of visas must return home once their visas expire, or they may face removal (also called deportation). The amount of time an applicant can remain in the US on a nonimmigrant visa varies by the purpose of the visa. For example, a temporary agricultural worker may only be authorized to remain in the US for six months, while a student enrolled in a graduate program may be authorized to stay for three years.
Q: How do I extend my stay in the US?
A: To extend the amount of time a foreign national may remain in the US on a nonimmigrant visa, he or she must apply for an extension with the US Citizenship and Immigration Services. The request should be applied for well in advance of the foreign national's last authorized day in the US. To be eligible for an extension, the foreign national may not have violated any of the terms of his or her nonimmigrant status, and may not have committed any deportable offenses while in the US.
Q: If I have been granted a temporary work visa, may my wife and child accompany me to the US?
A: The spouse and minor children of an applicant who has received a temporary work visa may be eligible to join the temporary worker in the US. However, the spouse and child will need to apply and be approved for the appropriate type of nonimmigrant visa in order to travel to the US. Additionally, the worker applicant will need to be able to prove his or her ability to provide food, shelter and care for the dependent spouse and child while they are in the US. Under most circumstances, the spouse and child will not be allowed to work in the US.
Q: What are deportable offenses?
A: Deportable offenses are those actions for which an alien may be forced to leave the US and return to his or her home country. Some of the deportable offenses include using fraudulent documents to enter the US, providing material misrepresentations to receive a visa, committing certain types of crimes (like drug crimes or other felonies), posing a threat to national security, helping others enter the country illegally, overstaying a visa and voting illegally. For a complete list, see 8 USCA §1227.
Q: Is there a limit on the number of refugees and asylum seekers that are allowed to enter the US each year?
A: Currently, there is a limit on the number of refugees, but not on the number of asylum seekers. The annual limit for refugees is calculated each year based on the current global population of refugees. Using information from the State Department, the President works with Congress to determine the number of refugees that should be admitted to the US for resettlement. The total number is then allocated by region (Africa, East Asia, Europe and Central Asia, Latin America/Caribbean and Near East/South Asia) with a number set aside for reserve in cases of humanitarian emergency.
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