| FAQs
About Immigration Law Click on a question below to view the answer or scroll down to see all the questions and answers. For a list of LIRS-affiliated immigration service providers, click here. LIRS serves as an immigration resource to its partners and to Lutheran districts, synods and congregations. LIRS does not provide direct assistance or representation to individuals with their immigration matters, nor does LIRS have any special affiliation with U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State. The following list is intended to provide you with a general overview of U.S. immigration law and policy; it is not legal advice. U.S. immigration law and regulations are complicated and change frequently. The information provided below may not be current or accurate for your particular situation. Therefore, it is very important that you obtain legal advice and/or representation before you apply for any form of immigration relief.
1. How can I find an immigration lawyer or accredited representative to assist me? Many Lutheran social service agencies provide services to immigrants. View list of LIRS-afiliated agencies. Other helpful websites:
2. Where can I find immigration legal resources on the Internet? Besides updates posted on the LIRS website, resources are available at the following sites:
3. What are the different ways in which a person can come to the United States? Generally, in order to enter the United States, a person must have an immigrant or nonimmigrant visa. An immigrant visa is the visa issued to persons wishing to live or work permanently in the United States. A nonimmigrant visa is the visa issued to persons with permanent residence outside the United States, but who wish to be in the country on a temporary basis, for example, for tourism, medical treatment, business, temporary work or study. However, there are a number of other ways in which a person can enter the United States, such as through the visa waiver program, by acquiring refugee status, or by being paroled into the United States. 4. I am facing persecution in my home country and would like to seek refuge in the United States. How do I obtain refugee status? U.S. immigration law provides for giving refugee status and asylum status to persons who have a well-founded fear of persecution on account of race, nationality, religion, membership in a particular social group or political opinion. If you are outside the United States and wish to apply for refugee status through the United States Resettlement Program (USRP), you must first get a referral from the United Nations High Commissioner for Refugees (UNHCR) or, in rare instances, the U.S. Embassy in your country. A referral is not the same thing as being registered with the UNHCR. If you are already registered with the UNHCR, but wish to apply for resettlement in a third country under P1, you need to make a formal application through the UNHCR. This means that the person must go to the UNHCR and request to be considered for a Priority-1 interview with the US Resettlement Program. Without this referral, a person cannot be considered under Priority-1 processing. To find out how to contact a UNHCR office near you, check the following website: www.unhcr.org/contact.html. You can obtain information about your nearest U.S. Embassy here: www.usembassy.gov. Once you have a referral, you can then be scheduled for an interview with U.S. Citizenship and Immigration Services (USCIS) (formerly INS) to qualify for United States Refugee Program (USRP). All persons applying for refugee status with the USRP should be aware of the determinations made for the current year. Lutheran Immigration and Refugee Service does not arrange refugee interviews, and we do not have information about resettlement programs in other countries. We suggest that you contact the UNHCR directlyfor this information. 5. If I am in the United States and fear returning to my home country, how do I apply for asylum? If you are inside the United States and have a well-founded fear of persecution on one of the five grounds listed above, you can file an application for asylum with U.S. Citizenship and Immigration Services (USCIS) within one year of your arrival in the United States. If you have been in the United States for more than one year, you may still be able to qualify for asylum if you meet certain requirements, but it is very important that you consult an attorney or immigration service provider before filing your application. You might also be able to seek asylum upon arrival in another country. If you are able to secure entry into a third country, you may request asylum of the authorities and you should contact a legal representative to assist you with pursuing asylum in that country. If you are able to secure entry into the United States, you may contact LIRS for assistance in locating a legal representative. LIRS does not provide legal representation and is unable to assist you in getting a visa to enter the United States. 6. How can someone obtain an immigrant visa so that he/she may live here permanently? There are three basic ways in which someone can obtain an immigrant visa: 1) by having a family member who is a U.S. citizen or lawful permanent resident file a family-based immigrant visa petition on their behalf, 2) through employment or 3) by entering and “winning” an immigrant visa through the annual Diversity Visa lottery. 7. What are the different ways in which a person can jeopardize their non-immigrant or immigrant status in the United States? There are a number of things that can jeopardize a person’s non-immigrant or immigrant status in the United States and may subject them to deportation proceedings, including certain criminal convictions, failure to file a change of address form, failure to register, or committing visa fraud or other document fraud. 8. Who can file a family-based immigrant visa petition?
9. Can a U.S. citizen or lawful permanent resident file an immigrant visa petition at any foreign service post? Authority to accept a petition rests solely with the U.S. Citizenship and Immigration Services (USCIS). If the petitioner resides in the United States, the petitioner must file at his or her local USCIS field office. If the petitioner resides abroad, the petitioner must file at the U.S. embassy or consulate that has jurisdiction. However, not all U.S. embassies or consulates accept every kind of petition and the petitioner should consult with his or her local U.S. Embassy or Consulate before filing any applications. 10. How can someone obtain an immigrant visa through employment? U.S. immigration law allows 140,000 individuals to immigrate to the U.S. each year based on employment. Employment-based immigrant visas are divided into five preference groups: 1) priority workers, 2) professionals with advanced degrees or their equivalent, 3) professionals with baccalaureate degrees, skilled and unskilled workers, 4) special immigrants (including, among other things, certain religious workers, certain overseas employees of the U.S. government, or certain members of the U.S. Armed Forces) and 5) investors. Some of the preference categories do not require an offer of employment. However, other categories do require that the person wishing to immigrate have an offer of employment and may require the employer to file a labor certification form with the U.S. Department of Labor. If the person who wishes to immigrate is required to have an offer of employment, the employer must file the visa petition, not the immigrant. 11. If I am a beneficiary of a family-based immigrant visa petition or employment-based petition and am in a “preference category,” how do I find out if an immigrant visa is available to me? Family-based immigrant visa petition beneficiaries who are in a preference category are given a priority date, which usually reflects the date the immigrant visa petition was filed. In the case of an employer-sponsored petition, the “priority date” is the date the labor certification was filed with U.S. Citizenship and Immigration Services (USCIS). More people apply for immigrant visas in preference categories each year than are available by law. This creates a backlog and means that a beneficiary may have to wait a number of years before his or her priority date becomes “current” and he or she is eligible to apply for an immigrant visa. The U.S. Department of State publishes a Visa Bulletin each month that lists which priority dates in each preference category the U.S. Department of State is currently processing for immigrant visa issuance. You can check for the monthly Visa Bulletin online. You can also call 202/663-1541 or dial 202/647-3000 from your fax machine and enter the document number 1038. Under the Legal Immigration Family Equity Act (LIFE Act), certain beneficiaries of family-based immigrant visa petitions can apply for temporary non-immigrant visas that will allow them to come to or stay in the United States and work while they wait for their immigrant visas. Spouses and children who are beneficiaries of an immigrant visa petition filed by a lawful permanent resident may be eligible to apply for a V visa if they have been waiting three years or more for their immigrant visa. Spouses and children who are beneficiaries of immigrant visa petitions filed by a U.S. citizen and who live abroad may be eligible to apply for a K visa so that they can come to the U.S. while they are waiting to apply for their immigrant visa. 12. How can I enter the diversity visa or green card lottery? The U.S. Department of State publishes information about the upcoming diversity visa lottery on its website: travel.state.gov/visa/immigrants/types/types_1318.html 13. Once I have an immigrant visa available to me, how do I apply to become a lawful permanent resident?
The Legal Immigration Family Equity Act (LIFE Act) was passed into law on December 21, 2000. Among other things, the LIFE Act permits certain beneficiaries of immigrant visa petitions to adjust status in the United States under Section 245(i) of the Immigration and Nationality Act. Under Section 245(i), individuals who would otherwise be ineligible to adjust status because of certain immigration violations can pay a penalty to apply for adjustment of status in the United States. 15. What documents and/or fees are required at an immigrant visa interview at a U.S. Embassy or Consulate? Documentary requirements may differ slightly from post to post, but the basic requirements include a passport, three photographs, birth and police certificates, marriage, divorce, or death certificates, proof of financial support, and a medical examination. More detailed information will come from the National Visa Center or the processing post. There is a basic fee for processing the immigrant visa and there may be additional fees to obtain required documents, for certifying or notarizing documents, and for the medical examination. Read more about the visa process: www.unitedstatesvisas.gov/ 16. What are the reasons for which an individual can be refused admission to or removed from the United States? Section 212(a) of the Immigration and Nationality Act contains a list of grounds on which an individual can be refused admission and/or removed from the United States. The grounds on which an individual can be denied admission to the United States include:
Section 237 of the Immigration and Nationality Act provides additional grounds for removability including, but not limited to: inadmissibility at time of entry or adjustment of status, violating nonimmigrant status, expiration of conditional permanent residence, marriage fraud, crimes of domestic violence or stalking, failure to register or change address, or falsifying documents. If a person is considered inadmissible or removable, he or she might be able to obtain a waiver of one or more grounds of inadmissibility or removability. If a person believes that he or she might be considered inadmissible or removable, he or she should consult with a competent immigration attorney before applying for any sort of immigration benefit. TPS, or Temporary Protected Status, is a temporary immigration status that is given to nationals or citizens of certain designated countries, who the Attorney General has determined are temporarily unable to return to their homelands because of armed conflict, environmental disasters, or other extraordinary and temporary conditions. Individuals who receive TPS can receive authorization to work in the United States and will not be required to return to their home countries while in TPS status. Read more about TPS. 18. What does an applicant need for a visitor visa? A U.S. host can assist is his or her guest by sending a letter of invitation. The letter should include the invitee's name, reason for visit, period of stay in the U.S., and method of payment of expenses. If the guest is paying his or her own expenses, he or she must be prepared to show the consular officer that sufficient funds are available for the trip. If the U.S. host is paying the expenses, an affidavit of support may be included. Applicants must generally have proof of social, economic, professional or other compelling ties to a residence outside the United States to which he/she will be expected to return after the visit. Other documents are required for the application. For more information on document requirements and fees associated with visitor visas see www.unitedstatesvisas.gov. 19. How does a person obtain a student visa? The requirements are generally the same as for a visitor visa. However, in addition to the passport, the applicant must also have an I-20 form issued by the school he or she wishes to attend. The I-20 form is proof that the applicant has been accepted for a program of study at an accredited institution. Along with the I-20, the applicant will have to show his/her independent ability to pay the tuition, room and board as well as his/her intent to leave the U.S. after graduating. For more information see www.unitedstatesvisas.gov. 20. How long does it take to get a nonimmigrant visa? Visa applications are now subject to stricter scrutiny and you may experience delays when applying for a visa. Please try to give yourself extra time to obtain your visa when planning your travel to the United States. In addition, if you are sixteen years old or older and are from a country that is considered a state sponsor of terrorism, you may be subject to additional national security related requirements. For more information, see www.unitedstatesvisas.gov. 21. What is special registration? Reas about special registration here: www.ice.gov/pi/specialregistration 22. How does a non-immigrant in the U.S. extend or change his or her visa status? U.S. immigration law authorizes changes of status when a foreign national is in the U.S. Usually, Form I-539 or I-129 has to be filed to extend one’s status in the same non-immigrant visa category or to change one's status from one non-immigrant visa category to another. In most cases, the applicant must still be in status as of the date U.S. Citizenship and Immigration Services (USCIS) receives the change or extension of status application. The applicant is considered "in status" while the application is pending. The local USCIS District Office should be contacted for filing procedures. You can also consult the USCIS website at www.uscis.gov. 23. What documentation is required of a child born outside the U.S. of lawful permanent residents? A child born abroad of lawful permanent resident parents may enter the U.S. without a visa provided the child is accompanied by a parent upon that parent's initial return to the U.S. within two years of the child's birth with documentation showing the parent-child relationship. If the parent leaves the child abroad and returns to the U.S., the child must have an immigrant visa to enter the U.S. at a later date. In that case, the lawful permanent resident parent would have to file an immigrant visa petition (Form I-130) with U.S. Citizenship and Immigration Services (USCIS) to bring his or her child to the U.S. 24. What is necessary for a person to enter the U.S. to marry a U.S. citizen? The U.S. citizen may file a fiancé petition with U.S. Citizenship and Immigration Services (USCIS). USCIS will forward the approved petition to a U.S. embassy or consulate. The post will then contact the foreign national with information and eventually schedule an interview for a fiancé visa. The foreign national and U.S. citizen must get married within 90 days of the individual’s date of entry. Once the foreign national and U.S. citizen marry, the U.S. citizen may file an immigrant visa petition and the foreign national may apply to adjust his or her status to lawful permanent residence at the same time. 25. What should I do to replace or renew my green card? If you lose your green card, you may go to your local U.S. Citizenship and Immigration Services (USCIS) office and file a Form I-90 to replace your green card and have your passport temporarily stamped to show that you are a lawful permanent resident. If your green card is about to expire or has already expired, you can apply for a new green card using Form I-90 at an Application Support Center (ASC). For a listing of ASCs, see egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC. If you live in New York City, you should call the USCIS hotline (1-800-375-5283) before filing to renew your green card. 26. How do I become a U.S. citizen? If you are interested in applying for U.S. citizenship, you may contact U.S. Citizenship and Immigration Services (USICS) about the examination and the naturalization process. Usually, a lawful permanent resident can become a citizen after either 1) having that status for five years or 2) after being married to a U.S. citizen for three years and having resident status during those three years. There are several other important and efficiently ways to become a U.S. citizen such as through military service, U.S. parents, and other criteria. You should be aware that USCIS will carefully review your file and your criminal record before granting you citizenship. If USCIS discovers any irregularity in your file, or discovers certain criminal convictions, you could find yourself ineligible for citizenship and USCIS might even try to put you in removal proceedings. Therefore, it is very important that you meet with a competent immigration attorney or immigration service provider before you apply for citizenship so that they can review your case and make sure that you are eligible for citizenship and are not subject to removal. 27. How do I get additional information? You can obtain more information at the U.S. Citizenship and Immigration Services website at uscis.gov. If you filed an immigration-related application with USCIS, you can check on the status of your application online through the “Case Status Online” feature: egov.uscis.gov/cris/jsps/index.jsp. If you have questions about immigrant visa packets, you may call the National Visa Center at 603/334-0700, or view immigrant visa information online at www.unitedstatesvisas.gov.
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