Your Immigration Companion | 1 |
Part I Getting Started: U.S. Immigration Eligibility and Procedures | 3 |
1 Where to Begin on Your Path Toward Immigration | 5 |
A Roadmap to U.S. Immigration | 7 |
B The Typical Application Process | 11 |
C Immigration Eligibility Self-Quiz | 12 |
2 Are You Already a U.S. Citizen? | 19 |
A Acquisition of Citizenship Through Birth to U.S. Citizen Parents | 20 |
B Automatic Derivation of U.S. Citizenship Through Naturalized Parents | 25 |
C Obtaining Proof of U.S. Citizenship | 27 |
D Dual Citizenship | 30 |
3 Can You Enter or Stay in the U.S. at All? | 31 |
A Particularly Troublesome Grounds of Inadmissibility | 33 |
B Avoiding or Reversing an Inadmissibility Finding | 60 |
4 Dealing With Paperwork, Government Officials, Delays, and Denials | 65 |
A Getting Organized | 67 |
B How to Obtain and Prepare Immigration Application Forms | 68 |
C How to Obtain Needed Documents | 78 |
D Before You Mail Anything | 82 |
E Dealing With Delays and Other Issues | 84 |
F Attending Interviews With USCIS or Consular Officials | 90 |
G Procedures for USCIS Interviews | 95 |
H What to Do If an Interview Is Going Badly | 98 |
I What to Do If an Application Is Denied | 99 |
J When All Else Fails, Call Your U.S. Congressperson | 102 |
K How COVID-19 Might Affect Your Case | 103 |
5 Special Rules for Canadians and Mexicans | 105 |
A Canadian Visitors and Nonimmigrants | 106 |
B Special Work Privileges for Canadian and Mexican Visitors | 107 |
C Fiancés | 115 |
D Simplified Procedures for Canadian Students and Exchange Visitors | 115 |
E F-3 Visa for Border Commuter Students | 115 |
F Preflight Inspections for Canadians | 117 |
C NEXUS for Faster Entry by Canadians | 117 |
6 How and When to Find a Lawyer | 119 |
A When Do You Need a Lawyer? | 120 |
B Where to Get the Names of Good Immigration Lawyers | 122 |
C How to Avoid Sleazy Lawyers | 123 |
D How to Choose Among Lawyers | 125 |
E Signing Up Your Lawyer | 126 |
F Paying Your Lawyer | 128 |
G Firing Your Lawyer | 129 |
H Do-It-Yourself Legal Research | 130 |
Part II Introduction to Permanent U.S. Residence (Green Cards) | 133 |
A Categories of Green Card Applicants | 134 |
B How Many Green Cards Are Available? | 138 |
7 Getting a Green Card Through Family Members in the U.S. | 139 |
A Are You Eligible for a Green Card Through a Relative? | 140 |
B Quick View of the Application Process | 154 |
C Step One: Your U.S. Relative Files the I-130 Visa Petition | 157 |
D Step Two: Preference Relatives Wait for an Available Visa | 164 |
E Step Three: You Submit the Visa or Green Card Application | 166 |
F Step Four: Immigrant Visa Holders Enter the U.S. | 179 |
G Removing Conditional Residence in Marriage Cases | 181 |
8 Getting a Visa to Come Marry Your U.S. Citizen Fiancé (K-1) | 185 |
A Do You Qualify for a K-1 Visa? | 187 |
B Quick View of How to Apply for a K-1 Visa | 188 |
C Step One: Your U.S. Citizen Fiancé Submits a Visa Petition | 189 |
D Step Two: You Apply at a U.S. Consulate | 193 |
E Step Three: You Enter the U.S. on Your Fiancé Visa | 196 |
9 Getting a Green Card Through Employment | 199 |
A Are You Eligible for a Green Card Through Employment? | 200 |
B Quick View of the Application Process | 213 |
C Step One: The Prevailing Wage Determination | 214 |
D Step Two: Employer Advertising and Recruitment | 215 |
E Step Three: Your Employer Seeks Labor Certification | 218 |
F Step Four: Your Employer Files the I-140 Petition | 219 |
G Step Five: You Might Have to Wait for an Available "Visa Number" | 228 |
H Step Six: You Submit the Green Card Application | 231 |
I Step Seven: Immigrant Visa Holders Enter the U.S. | 241 |
10 Getting a Green Card Through the Diversity Visa Lottery | 243 |
A Are You Eligible for a Green Card Through the Lottery? | 245 |
B Quick View of the Application Process | 247 |
C Step One: Registering for the Lottery | 247 |
D Step Two: Your Application for Permanent Residence | 250 |
E Step Three: Immigrant Visa Holders Enter the U.S. | 263 |
11 Getting a Green Card as an Investor | 265 |
A Are You Eligible for a Green Card Through Investment? | 267 |
B Quick View of the Application Process | 271 |
C Step One: You File a Visa Petition | 271 |
D Step Two: You May Have to Wart to Apply for Permanent Residence | 274 |
E Step Three: You Apply for an Immigrant Visa or Green Card | 275 |
F Step Four: Immigrant Visa Holders Enter the U.S. | 285 |
G Step Five: Converting Your Conditional Residence Into Permanent Residence | 286 |
12 Getting a Green Card as a Special Immigrant | 289 |
A Do You Qualify for a Green Card as a Special Immigrant? | 290 |
B Quick View of the Application Process | 294 |
C Step One: You File the Petition | 295 |
D Step Two: You Might Need to Await an Available Visa Number | 298 |
E Step Three: You Apply for Permanent Residence | 299 |
F Step Four: Immigrant Visa Holders Enter the U.S. | 309 |
13 Getting a Green Card as an Asylee or Refugee | 313 |
A Do You Qualify as a Refugee or an Asylee? | 315 |
B How to Apply for Refugee Status | 322 |
C How to Apply for Asylum | 324 |
D How to Get a Green Card as a Refugee or an Asylee | 335 |
14 After Your Approval for a Green Card | 343 |
A How to Prove You're a U.S. Resident | 344 |
B Traveling Abroad | 346 |
C Your Immigrating Family Members' Rights | 348 |
D Losing Your Permanent Resident Status | 349 |
E How to Renew or Replace Your Green Card | 350 |
F Green Cards and U.S. Citizenship | 353 |
G Green Cards and U.S. Taxes | 354 |
Part III Introduction to Nonimmigrant (Temporary) Visas | 355 |
A Types of Nonimmigrant Visas | 356 |
B Difference Between a Visa and a Status | 359 |
C Security Measures | 360 |
D Getting a Nonimmigrant Visa at a Consulate Outside Your Home Country | 360 |
E At the Border | 361 |
F Time Limits on Nonimmigrant Visas | 361 |
G Effect of Nonimmigrant Visas on Green Cards | 365 |
H Nonimmigrant Visas and U.S. Taxes | 366 |
15 Getting a Business or Tourist (B-1 or B-2) Visa | 367 |
A Do You Qualify for a Visitor Visa? | 369 |
B How to Apply for a Visitor Visa | 372 |
C Visa Issuance and Entry Into the U.S. | 376 |
D Extensions of Stay | 377 |
16 Getting a Temporary Specialty Worker (H-1B) Visa | 379 |
A Do You Qualify for an H-1B Visa or Status? | 381 |
B Quick View of the H-1B Visa Application Process | 386 |
C Step One: Your Employer Files an LCA | 386 |
D Step Two: Your Employer Files a Petition | 388 |
E Step Three: Applicants Outside the U.S. Apply for Visa | 396 |
F Step Four: H-1B Visa Holders Enter the U.S. | 397 |
G Extending Your U.S. Stay | 397 |
H Your Rights as an H-1B Worker | 399 |
17 Getting a Temporary Nonagricultural Worker (H-2B) Visa | 401 |
A Do You Qualify for an H-2B Visa? | 404 |
B Possibilities for a Green Card From H-2B Status | 410 |
C Quick View of the H-2B Visa Application Process | 411 |
D Step One: Your Employer Applies for PWD | 412 |
E Step Two: Your Employer Places a Job Order | 413 |
F Step Three: Your Employer Applies for Temporary Labor Certification | 415 |
G Step Four: Your Employer Conducts Recruitment | 419 |
H Step Five: The DOL Certifies the Temporary Labor Application | 420 |
I Step Six: Your Employer Submits an H-2B Visa Petition | 420 |
J Step Seven: Applicants Outside the U.S. Apply to a U.S. Consulate | 427 |
K Step Eight: You Enter the U.S. With Your H-2B Visa | 428 |
L Extending Your U.S. Stay | 428 |
18 Getting a Temporary Trainee (H-3) Visa | 431 |
A Do You Qualify for an H-3 Visa? | 432 |
B Quick View of the H-3 Visa Application Process | 435 |
C Step One: Your Employer Submits an H-3 Petition | 435 |
D Step Two: Applicants Outside the U.S. Apply to a U.S. Consulate | 442 |
E Step Three: H-3 Visa Holders Enter the U.S. | 443 |
F Extending Your U.S. Stay | 445 |
19 Getting an Intracompany Transferee (L-1) Visa | 447 |
A Do You Qualify for an L-1 Visa? | 448 |
B Possibilities for a Green Card From L-1 Status | 455 |
C Quick View of the L-1 Visa Application Process | 455 |
D Step One: Your U.S. Employer Files a Petition | 456 |
E Step Two: Applicants Outside the U.S. Apply to a U.S. Consulate | 463 |
F Step Three: L-1 Visa Holders Enter the U.S. | 464 |
G Extending Your U.S. Stay | 466 |
20 Getting a Treaty Trader (E-1) Visa | 471 |
A Do You Qualify for an E-1 Visa? | 472 |
B Quick View of the E-1 Visa Application Process | 479 |
C How to Apply From Outside the U.S. | 479 |
D How to Apply If You're in the U.S. | 484 |
E Extending Your U.S. Stay | 486 |
F Visa Revalidation | 489 |
21 Getting a Treaty Investor (E-2) Visa | 491 |
A Do You Qualify for an E-2 Visa? | 492 |
B Quick View of the E-2 Visa Application Process | 499 |
C How to Apply From Outside the U.S. | 499 |
D How to Apply If You're in the U.S. | 506 |
E Extending Your U.S. Stay | 510 |
F Revalidating Your Visa | 511 |
22 Getting a Student (F-1 or M-1) Visa | 513 |
A Do You Qualify for a Student (M-1 or F-1) Visa? | 516 |
B How Long the Student Visa Will Last | 522 |
C Quick View of the Student Visa Application Process | 524 |
D Step One: Your School Issues a SEVIS I-20 | 525 |
E Step Two for Applicants Outside the U.S.: Applying at a U.S. Consulate | 525 |
F Step Two for Some Applicants Inside the U.S.: Applying to USCIS for a Change of Status | 530 |
G Step Three: Student Visa Holders Enter the U.S. | 535 |
H Extending Your Student Stay | 535 |
I Traveling Outside the U.S. While You're a Student | 538 |
J Reinstatement of Student Status | 539 |
K Getting Permission to Work | 539 |
L Transferring to a Different School | 545 |
M Changing Your Course of Studies | 546 |
23 Getting an Exchange Visitor (J-1) Visa | 547 |
A Do You Qualify for a J-1 Exchange Visitor Visa? | 550 |
B How Long the J-1 Status Will Last | 554 |
C Students: Comparing J-1 Visas to F-1 and M-1 Visas | 556 |
D Business and Industrial Trainees: A Good Option for Work in the U.S. | 557 |
E Internships as a Way for Foreign Students to Work in the U.S. | 557 |
F Can You Apply for a Green Card From J-1 Status? | 558 |
G Quick View of the J-1 Visa Application Process | 558 |
H Step One: Your Sponsoring Organization Issues a Certificate of Eligibility | 559 |
I Step Two for Applicants Outside the U.S.: Apply for a Visa at a U.S. Consulate | 559 |
J Step Two for Some Applicants Inside the U.S.: Apply to USCIS for a Change of Status | 564 |
K Step Three: J-1 Visa Holders Enter the U.S. | 567 |
L Extending Your J-1 Stay in the U.S. | 568 |
M Transfer to a New Sponsor | 570 |
N Change of Category | 570 |
O Reinstatement | 571 |
P Working as an Exchange Visitor | 573 |
Q Annual Reports for Foreign Medical Graduates | 575 |
R Traveling Outside the U.S. While on an Exchange Program | 575 |
24 Getting a Visa as a Temporary Worker in a Selected Occupation (O, P, or R Visa) | 577 |
A Do You Qualify for an O, P, or R Visa? | 578 |
B Quick View of the O, P, and R Visa Application Process | 586 |
C Step One: Your Employer or Agent Submits a Petition | 587 |
D Step Two: Applicants Outside the U.S. Apply to a U.S. Consulate | 593 |
E Step Three: Visa Holders Enter the U.S. | 595 |
F Extending Your U.S. Stay | 595 |
Part IV Introduction to Other Forms of Long-Term Legal Status in the U.S. | 597 |
25 Humanitarian Remedies Allowing Stays in the U.S. | 599 |
A Do You Qualify for TPS? | 600 |
B TPS Application Process | 601 |
C Are You Eligible for Deferred Enforced Departure? | 602 |
D Humanitarian Parole | 603 |
26 Deferred Action for Childhood Arrivals (DACA) | 607 |
A Do You Qualify for DACA? | 608 |
B Who Is Not Eligible for DACA | 609 |
C Risks and Downsides to Applying for DACA | 611 |
D Who Shouldn't Apply for DACA | 612 |
E How to Apply for DACA | 613 |
27 Getting a U Visa as a Crime Victim Assisting Law Enforcement | 617 |
A Are You Eligible for a U Visa? | 618 |
B How to Apply for a U Visa | 624 |
C Will You Be Eligible for a Green Card After Your U Visa? | 630 |
Glossary | 635 |
Index | 645 |