What is the difference between a nonimmigrant visa and an immigrant visa?
Nonimmigrant visas are for temporary stays in the US, such as for tourism, medical treatment, work, or study, while immigrant visas are for individuals who intend to live permanently in the US.
How long does the family-based immigration process take?
Processing times can vary depending on factors such as the type of relationship, the country of origin of the beneficiary, and current immigration policies. It may take several months to several years.
Who is eligible to sponsor a family member for immigration to the US?
US citizens can sponsor parents, children, siblings, and spouses. Lawful Permanent Residents (green card holders) can sponsor spouses, and single children under 21.
Which family members can be sponsored for immigration?
Eligible family members typically include spouses, children (unmarried and under 21), parents (if the sponsor is a US citizen), and siblings (if the sponsor is a US citizen).
What is the difference between immediate relatives and preference relatives in family-based immigration?
Immediate relatives, such as spouses, unmarried children under 21, and parents of US citizens, have unlimited visas available and generally shorter processing times. Preference relatives, such as unmarried adult children and siblings of US citizens, have a limited number of visas available each year and longer waiting periods.
What is the Diversity Visa Lottery?
The Diversity Visa Lottery, also known as the Green Card Lottery, is a program that provides a limited number of diversity visas each year to individuals from countries with historically low rates of immigration to the US.
Can I sponsor a stepchild for immigration benefits?
Yes, US citizens can sponsor stepchildren for immigration benefits if the marriage creating the stepchild relationship occurred before the stepchild turned 18.
What is the process for sponsoring a family member?
The process usually involves filing a petition (Form I-130) or Adjustment of Status with USCIS, followed by processing through the National Visa Center (NVC) and attending a visa interview at a US consulate or embassy abroad. Some cases may involve waiting for visa availability.
Can I bring my elderly parents to live with me in the US?
US citizens can sponsor their parents for immigration to the US, but lawful permanent residents cannot sponsor parents. The process involves demonstrating a financial ability to support the parents and meeting other eligibility criteria.
Can I sponsor a family member if I am a refugee or asylee?
Refugees and asylees can petition to bring certain family members to the US through the Refugee/Asylee Relative Petition process. Eligible family members include spouses and unmarried children under 21.
Can a US citizen sponsor a same-sex spouse for residency?
Yes, same-sex spouses are eligible for immigration benefits just like opposite-sex spouses.
Can a green card holder sponsor a family member for immigration?
Yes, lawful permanent residents can sponsor certain family members, but the categories they can sponsor are more limited compared to US citizens.
Can I apply for a green card if I marry a US citizen?
Yes, marriage to a US citizen is one of the fastest ways to obtain a green card, but the process requires evidence of a bona fide marriage and adherence to immigration laws. In certain situations, for individuals who entered the US without a permit may be required to file a waiver.
What is asylum and how do I apply for it?
Asylum is a form of protection granted to individuals who have fled their home countries due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The application process involves filing Form I-589 with USCIS or, if in removal proceedings, applying for asylum defensively before an immigration judge.
Can I apply for a green card if I am a victim of domestic violence?
Yes, victims of domestic violence who are married to US citizens or lawful permanent residents may be eligible to self-petition for a green card under the Violence Against Women Act (VAWA).
Can I apply for a green card if I am a victim of human trafficking?
Yes, victims of human trafficking may be eligible for immigration relief, including a green card, through the T visa program or other forms of relief available to victims of crimes.
What is the process for sponsoring a fiancée from abroad?
The process for sponsoring a fiancée from abroad involves filing a petition (Form I-129F) with USCIS, proving a bona fide relationship, providing evidence of at least two meetings within the last two years, undergoing background checks, and attending a visa interview at a US consulate or embassy abroad.
What is a fiancé visa and how do I apply for it?
A fiancé visa, or K-1 visa, allows a foreign national to enter the US for the purpose of marrying a US citizen within 90 days of arrival. The US citizen must file Form I-129F on behalf of the fiancé, and both parties must meet certain eligibility requirements.
Can I apply for a work permit while my immigration case is pending?
In some cases, individuals may be eligible to apply for a work permit (Form I-765) while their immigration case is pending. Eligibility criteria vary depending on the type of immigration benefit sought.
Can I appeal a denied immigration petition or application?
Yes, in many cases, individuals have the right to appeal a denial of an immigration petition or application. The appeals process varies depending on the type of immigration benefit sought and the agency that issued the denial.
