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U.S. Immigration Made Easy
Ilona Bray, J.D.
January 2013, 16th Edition
Ready to move to the USA? Here’s the insider’s guide you need!
U.S. Immigration Made Easy covers every possible way to legally enter and live in the United States. Learn how the immigration system really works and find out whether you qualify for:
- work visas
- student visas
- refugee status
- green cards
- citizenship
- and more
Get tips on dealing with paperwork, government officials, delays and denials. Plus, you'll get step-by-step instructions on filling out and filing forms, and learn the best way to approach the enormous U.S. Citizenship and Immigration Services (USCIS) bureaucracy.
Thoroughly updated and revised, this edition has been updated and revised to cover the latest changes in immigration law, including new addresses for sending various immigration petitions, average processing times, how a spouse living overseas can prove ability to support immigrants in the U.S., how to find forms and case status information on the USCIS website, and much more.
“The clearest, most accurate explanations of immigration laws for nonlawyers thus far.”-Immigration Today
“Well worth the investment—considerably less than what one would pay for an hour’s consultation with a lawyer.”-Irish Echo
“Highly recommended...instructive and explanatory.”-United States Information Agency
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Ilona Bray
Ilona Bray, J.D. is an award-winning author and legal editor at Nolo, specializing in real estate, immigration law, workplace wellness and nonprofit fundraising. Many of her books are consistent Nolo bestsellers, among them Effective Fundraising for Nonprofits, U.S. Immigration Made Easy and Nolo's Essential Guide to Buying Your First Home. Her latest book is entitled The Volunteers' Guide to Fundraising. She particularly enjoys interviewing people and weaving their stories into her books.
Bray's working background includes solo practice, nonprofit, and corporate stints, as well as long periods of volunteering, including an internship at Amnesty International's main legal office in London. She received her law degree and a Master's degree in East Asian (Chinese) Studies from the University of Washington. In her spare time she enjoys hiking, going to open houses and gardening.
Bray also blogs on ideas for raising money for your nonprofit at Nolo's Fundraising Tips for Busy Nonprofits and provides tips for anyone buying or selling a home at Nolo's Real Estate Tips for Home Buyers and Sellers -- winner of the 2012 "Best Blog" award from the National Association of Real Estate Editors (NAREE). She is also an author on a popular Immigration Law Site.
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Part I
I. Getting Started: U.S. Immigration Eligibility and Procedures
1. Where to Begin on Your Path Toward Immigration
- Roadmap to U.S. Immigration
- The Typical Application Process
- Immigration Eligibility Self-Quiz
2. Are You Already a U.S. Citizen?
- Acquisition of Citizenship Through Birth to U.S. Citizen Parents
- Automatic Derivation of U.S. Citizenship Through Naturalized Parents
- Obtaining Proof of U.S. Citizenship
- Dual Citizenship
3. Can You Enter or Stay in the U.S. at All?
- Particularly Troublesome Grounds of Inadmissibility
- Avoiding or Reversing an Inadmissibility Finding
4.Dealing With Paperwork, Government Officials, Delays, and Denials
- Getting Organized
- How to Obtain and Prepare Immigration Application Forms
- How to Obtain Needed Documents
- Before You Mail an Application
- Dealing With Delays
- Attending Interviews With USCIS or Consular Officials
- Procedures for USCIS Interviews
- What to Do If an Interview Is Going Badly
- What to Do If an Application Is Denied
- When All Else Fails, Call Your U.S. Congressperson
5. Special Rules for Canadians and Mexicans
- Canadian Visitors and Nonimmigrants
- Special Work Privileges for Canadian and Mexican Visitors
- Simplified Procedures for Canadian Students and Exchange Visitors
- Preflight Inspections for Canadians
6. How and When to Find a Lawyer
- When Do You Need a Lawyer?
- Where to Get the Names of Good Immigration Lawyers
- How to Avoid Sleazy Lawyers
- How to Choose Among Lawyers
- Signing Up Your Lawyer
- Paying Your Lawyer
- Firing Your Lawyer
- Do-It-Yourself Legal Research
Part II. Introduction to Permanent U.S. Residence (Green Cards)
- Categories of Green Card Applicants
- How Many Green Cards Are Available?
7. Getting a Green Card Through Family Members in the U.S.
- Are You Eligible for a Green Card Through a Relative?
- Quick View of the Application Process
- Step One: Your U.S. Relative Files the Visa Petition
- Step Two: Preference Relatives Wait for an Available Visa
- Step Three: You Submit the Green Card Application
- Step Four: You Enter the U.S. With Your Immigrant Visa
- Removing Conditional Residence in Marriage Cases
8. Getting a Visa to Marry Your U.S. Citizen Fiancé (K-1)
- Do You Qualify for a K-1 Visa?
- Quick View of How to Apply for a K-1 Visa
- Step One: Your U.S. Citizen Fiancé Submits a Visa Petition
- Step Two: You Follow Instructions From the National Visa Center
- Step Three: You Apply at a U.S. Consulate
- Step Four: You Enter the U.S. on Your Fiancé Visa
9. Getting a Green Card Through Employment
- Are You Eligible for a Green Card Through Employment?
- Quick View of the Application Process
- Step One: The Prevailing Wage Determination
- Step Two: Employer Advertising and Recruitment
- Step Three: Your Employer Seeks Labor Certification
- Step Four: Your Employer Files the Visa Petition
- Step Five: You Wait for an Available Visa Number
- Step Six: You Submit the Green Card Application
- Step Seven: Entering the U.S. With Your Immigrant Visa
10. Getting a Green Card Through the Diversity Visa Lottery
- Are You Eligible for a Green Card Through the Lottery?
- Quick View of the Application Process
- Step One: Registering for the Lottery
- Step Two: The Green Card Application
- Step Three: Entering the U.S. With Your Immigrant Visa
11. Getting a Green Card as an Investor
- Are You Eligible for a Green Card Through Investment?
- Quick View of the Application Process
- Step One: You File a Visa Petition
- Step Two: You Await an Available Visa Number
- Step Three: You Apply for a Green Card
- Step Four: You Enter the U.S. Using Your Immigrant Visa
- Step Five: Converting Your Conditional Residence Into Permanent Residence
12. Getting a Green Card as a Special Immigrant
- Do You Qualify for a Green Card as a Special Immigrant?
- Quick View of the Application Process
- Step One: You File the Visa Petition
- Step Two: You Await an Available Visa Number
- Step Three: You Apply for a Green Card
- Step Four: You Enter the U.S. With Your Immigrant Visa
13. Humanitarian Protection: TPS, DED, Asylee, and Refugee Status
- Do You Qualify for Temporary Protected Status (TPS)?
- How to Apply for Temporary Protected Status
- What Is Deferred Enforced Departure?
- Do You Qualify as a Refugee or Asylee?
- How to Apply for Refugee Status
- How to Apply for Asylum
- How to Get a Green Card as a Refugee or Asylee
14. After Your Approval for a Green Card
- How to Prove You’re a U.S. Resident
- Traveling Abroad
- Your Immigrating Family Members’ Rights
- Losing Your Permanent Resident Status
- How to Renew or Replace Your Green Card
- Green Cards and U.S. Citizenship
- Green Cards and U.S. Taxes
Part III Introduction to Nonimmigrant (Temporary) Visas
- Types of Nonimmigrant Visas
- Difference Between a Visa and a Status
- Time Limits on Nonimmigrant Visas
- At the Border
- Heightened Security Measures
- Effect of Nonimmigrant Visas on Green Cards
- Nonimmigrant Visas and U.S. Taxes
- Status Overstays and Automatic Cancellation of Visas
15. Getting a Business or Tourist (B-1 or B-2) Visa
- Do You Qualify for a Visitor Visa?
- How to Apply for a Visitor Visa
- Extensions of Stay
16. Getting a Temporary Specialty Worker (H-1B) Visa
- Do You Qualify for an H-1B Visa?
- Quick View of the H-1B Visa Application Process
- Step One: Your Employer Files an LCA
- Step Two: Your Employer Files a Visa Petition
- Step Three: Applicants Outside the U.S. Apply to a U.S. Consulate
- Step Four: You Enter the U.S. With Your H-1B Visa
- Extending Your U.S. Stay
- Your Rights as an H-1B Worker
17. Getting a Temporary Nonagricultural Worker (H-2B) Visa
- Do You Qualify for an H-2B Visa?
- Possibilities for a Green Card From H-2B Status
- Quick View of the H-2B Visa Application Process
- Step One: Employer Applies for PWD
- Step Two: Conduct Recruitment
- Step Three: Your Employer Applies for Temporary Labor Certification
- Step Four: Your Employer Submits an H-2B Visa Petition
- Step Five: Applicants Outside the U.S. Apply to a U.S. Consulate
- Step Six: You Enter the U.S. With Your H-2B Visa
- Extending Your U.S. Stay
18. Getting a Temporary Trainee (H-3) Visa
- Do You Qualify for an H-3 Visa?
- Quick View of the H-3 Visa Application Process
- Step One: Your Employer Submits an H-3 Visa Petition
- Step Two: Applicants Outside the U.S. Apply to a U.S. Consulate
- Step Three: You Enter the U.S. With Your H-3 Visa
- Extending Your U.S. Stay
19. Getting an Intracompany Transferee (L-1) Visa
- Do You Qualify for an L-1 Visa?
- Possibilities for a Green Card From L-1 Status
- Quick View of the L-1 Visa Application Process
- Step One: Your U.S. Employer Files a Visa Petition
- Step Two: Applicants Outside the U.S. Apply to a U.S. Consulate
- Step Three: You Enter the U.S. With Your L-1 Visa
- Extending Your U.S. Stay
20. Getting a Treaty Trader (E-1) Visa
- Do You Qualify for an E-1 Visa?
- Quick View of the E-1 Visa Application Process
- How to Apply From Outside the U.S.
- How to Apply If You’re in the U.S.
- Using Your E-1 Visa to Enter the U.S.
- Extending Your U.S. Stay
- Visa Revalidation
21. Getting a Treaty Investor (E-2) Visa
- Do You Qualify for an E-2 Visa?
- Quick View of the E-2 Visa Application Process
- How to Apply From Outside the U.S.
- How to Apply If You’re in the U.S.
- Using Your E-2 Visa to Enter the U.S.
- Extending Your U.S. Stay
- Revalidating Your Visa
22. Getting a Student (F-1 or M-1) Visa
- Do You Qualify for a Student Visa (M-1 or F-1)?
- How Long the Student Visa Will Last
- Quick View of the Student Visa Application Process
- Step One: Your School Issues a SEVIS I-20
- Step Two for Applicants Outside the U.S.: Applying at a U.S. Consulate
- Step Two for Some Applicants Inside the U.S.: Applying to USCIS for a Change of Status
- Step Three: You Enter the U.S. With Your Student Visa
- Extending Your Student Stay
- Getting Permission to Work
- Transferring to a Different School
- Changing Your Course of Studies
23. Getting an Exchange Visitor (J-1) Visa
- Do You Qualify for a J-1 Exchange Visitor Visa?
- How Long the J-1 Visa Will Last
- Students: Comparing J-1 Visas to F-1 and M-1 Visas
- Business and Industrial Trainees: A Good Option for Work in the U.S.
- Internships as a Way for Foreign Students to Work in the U.S.
- Can You Apply for a Green Card From J-1 Status?
- Quick View of the J-1 Visa Application Process
- Step One: Your Sponsoring Organization Issues a Certificate of Eligibility
- Step Two for Applicants Outside the U.S.: Applying at a U.S. Consulate
- Step Two for Some Applicants Inside the U.S.: You Apply to USCIS for a Change of Status
- Step Three: Entering the U.S. Using Your J-1 Visa
- Extending Your J-1 Stay in the U.S.
- Working as an Exchange Visitor
- Annual Reports for Foreign Medical Graduates
24. Getting a Visa as a Temporary Worker in a Selected Occupation (O, P, or R Visa)
- Do You Qualify for an O, P, or R Visa?
- Quick View of the O, P, and R Visa Application Process
- Step One: Your Employer Submits a Visa Petition
- Step Two: Applicants Outside the U.S. Apply to a U.S. Consulate
- Step Three: You Enter the U.S. With Your O, P, or R Visa
- Extending Your U.S. Stay
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