U.S. Immigration Made Easy

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

Glossary

Index