Frequently Asked Questions:
1. What is the difference between permanent residency, citizenship, and naturalization?
5. How do I receive the monthly "Visa Bulletin"?
6. Can I work while my adjustment of status application is pending?
8. What if I am a citizen of a foreign country and my child is born in the United States?
9. I am a legal permanent resident. Can I petition for/sponsor a family member?
10. If a citizen of a foreign country marries a U.S. citizen in the United States, is it necessary for the spouse to leave the country to become a permanent resident?
1)
Q: What is the difference between permanent residency, citizenship, and naturalization?
A: A permanent resident is someone who has obtained a "green card" (U.S. Permanent Residence Card) which proves that he/she is a lawful permanent resident. This means the person granted the green card may live and work in the U.S. This is not the same as being a U.S. citizen.
Citizenship and naturalization are interchangeable terms. There are 2 types of citizens in the United States. Natural citizens are born in the U.S. or to U.S. citizens on foreign soil. Naturalized citizens are born in another country and have gone through the naturalization process to become a U.S. citizen. One must be a legal permanent resident in the U.S. for 5 years before he/she can become a citizen in most cases.
2)
Q: What is a green card?
A: A green card is another name for a Permanent Residence Card. It gives you official immigration status in the United States and the green card holder is a lawful permanent resident. This is not the same thing as being a U.S. citizen. The green card is proof that the holder has been officially granted immigration benefits, thus, is able to live and work in the U.S.
After 5 years of residency (living in the U.S.), the lawful permanent resident may apply for citizenship. If the permanent resident is married to a U.S. citizen, they can apply citizenship after 3 years.
3)
Q: What is the difference between a nonimmigrant visa and an immigrant visa? How do I know what type of visa is right for me?
A: Citizens of most foreign countries must obtain a visa to enter into the U.S. Visas are broken up into two general classifications: nonimmigrant visas for temporary stays, and immigrant visas for those who intend to live and work in the U.S. permanently.Nonimmigrant Visas (Temporary)
Even if you are visiting the United States temporarily, you must still obtain a nonimmigrant visa. Certain countries have a Visa Waiver Program, so some foreigners may enter the U.S. without a visa if certain requirements are met. Reasons why someone would enter the U.S. on a temporary basis with a nonimmigrant visa include tourism, business, medical treatment, and certain forms of temporary work. The most common U.S. visa categories include:
- • Australian (E-3) in Specialty Occupation
- • Border Crossing Card - Mexican Travelers
- • Business, Tourist and Visitors
- • Chile Free Trade Agreement (FTA) Professional
- • Diplomats and Government Officials
- • Exchange Visitors
- • Fiancé(e) to Marry U.S. Citizen/Spouse
- • International Organizations & NATO
- • Media & Journalists
- • Mexican and Canadian NAFTA Professional Worker
- • Religious Workers
- • Singapore Free Trade Agreement (FTA) Professional
- • Students
- • Temporary Workers Overview
- • Treaty Traders & Treaty Investors
- • Visa Renewals
Immigrant Visas (Permanent Residence and Employment)
If one intends on living in the U.S. permanently, an immigrant visa is required. One must petition with the U.S. Citizenship and Immigration Services (USCIS) to be allowed to apply for an immigrant visa. If applying from outside the U.S. and the application is approved, the petition is sent to the National Visa Center (NVC) for processing. The NVC will provide instructions on what steps must be taken to complete the application and will send the applicant an immigration visa card when one becomes available. The immigrant visa is the same thing as a green card or Permanent Residence Card. If you are approved for an immigrant visa, this means that you are a legal permanent resident.
The major U.S. immigration visas include:
- • Immediate Relatives
- • Special Immigrants
- • Family-sponsored
- • Employer-sponsored
Source: The U.S. Department of State
4.
Q. How do I know if the maximum number of visas has been reached for a certain time period? How do I know if I will receive a visa? What happens when people from a certain country use up all of the immigrant visas for that country for the year?
A. There is a queue/waiting list is used for most visa categories. The date of the cases eligible to receive a visa appears in the Visa Bulletin. The date used to determine whether you are eligible is called the "priority date," which is the date that your petition was received (not approved). (If you are applying through a work-based visa application, you first apply to the Department of Labor and receive your priority date. If you are applying for a family-based visa application, your petition is sent directly to the USCIS and the date that it is filed is your priority date.)
On the Visa Bulletin page, depending on which type of application you have, you will fit under either the family or work category and will fall under a sub-category "group" depending on your personal situation. Once looking at either the work-based chart or the family-based chart, find the box that corresponds to your sub-group and country of birth (not citizenship).
- • If a "U" is in the box, it means that visas are unavailable at the time of that month's visa bulletin and you must wait until visas become available.
- • If there is a "C" in the box, this means "current" and numbers are available for all qualified applicants.
- • If there is a date in the box, then there are available visas if you are approved and if your application "priority date" is earlier than the date shown.
5.
Q: How do I receive the monthly "Visa Bulletin"?
A: The Department of State e-mails the "Visa Bulletin" to those who have subscribed. To be placed on the Department of State's e-mail subscription list for the "Visa Bulletin," send an e-mail to:
listserv@calist.state.gov
In the body of the message, type:
Subscribe Visa-Bulletin First name/Last name
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6)
Q: Can I work and travel outside of the country while
my adjustment of status application is pending?
A: In order to work and travel while the adjustment of status application is pending, additional paperwork must be submitted. If your application is family-based, the work authorization lasts for 1 year, and if your application is work-based, your employment authorization is valid for 2 years. These are unrestricted employment authorization which means that the alien can work for any employer. All travel authorizations are valid for 1 year, regardless of the type of application. These authorizations are renewable up until the point when your adjustment of status is either approved or denied.
7)
Q: What is dual citizenship?
A: Dual citizenship is when a person is a citizen of two countries at the same time. The term "multiple citizenship" is also used because a person can be a citizen of more than 2 countries. One cannot apply for dual citizenship, rather, it is the term used to describe one's status on once he/she has acquired a citizenship in a country other than his/her birth country.
The United States recognizes that dual citizenships exist but does not encourage it as a matter of policy. Once you become a U.S. citizen, the U.S. does not recognize your citizenship of any other country, however, it is possible that the other country recognizes the dual citizenship and will still consider you a citizen. When sworn in as a U.S. citizen, your passports from other countries are not taken from you, so even though the U.S. considers you only a citizen of the U.S., you may be able to travel freely in/out and be considered a citizen of another country if that country recognizes dual citizenships. Some countries prohibit dual citizenship and consider it a more severe offense than in the U.S., such as Spain, South Korea, China, Japan, Ukraine, India, Belgium, Iraq, Denmark, and Germany.
Because some countries do not recognize dual citizenship, it is important to check the nationality laws of one's native country before applying for citizenship in another. If a person is a citizen of a country that does not recognize dual citizenship and applies for citizenship in another country, the birth country may revoke his/her citizenship if they find out about it. However, some of these countries are not enforcing laws regarding dual citizenships, so one may informally have dual citizenship if the native country does not take away their citizenship after becoming a U.S. citizen. It is rare, but possible, for the U.S. to revoke your U.S. citizenship if it is discovered that you applied and were granted citizenship in another country. If one was granted citizenship in another country automatically, however, such as when a child of foreign parents is born in the U.S., the U.S. citizenship will not be revoked.
8)
Q: What if I am a citizen of a foreign country and my
child is born in the United States?
A: The child who is born in the United States to a citizen of a foreign country automatically becomes a U.S. citizen. This does not extend to the parents. The child may not petition for his/her parents' permanent residence until he/she is 21 years old and only if the parents entered "with inspection" (legally).
The U.S. does not grant dual citizenship to children born in the U.S. to foreign parents. You are a U.S. citizen if you were born in the U.S. Still, the parent's foreign country may consider the child a dual citizen and it may be possible for the child to obtain a passport from the parents' country. As noted above, the U.S. may revoke one's U.S. citizenship if he/she applied for citizenship in another country. This is not the case when citizenship has occurred automatically, such as by birth. Even though you are considered only a U.S. citizen to the U.S., the other country may recognize the dual citizenship and the U.S. will not revoke its own citizenship.
9)
Q: I am a legal permanent resident. Can I petition
for/sponsor a family member?
A: It depends on what type of family member you will be petitioning for. A permanent resident may petition for a child or spouse, but they are put on a waiting list. The date of eligible visa petitions to receive a green card can be found on the Visa Bulletin (see question #4).You may not petition for parents, siblings, or other relatives unless you are a U.S. citizen.
10)
Q: If a citizen of a foreign country marries a U.S. citizen
in the United States, is it necessary for the spouse
to leave the country to become a permanent
resident?
A: It depends on how the spouse entered the country originally. If the spouse entered illegally, he/she will need to leave the U.S. before applying for residency. Because he/she has no proof of entry (entered illegally) and if he/she was in the U.S. for 180 days or longer, the spouse is subject to either a 3 year or 10 year bar from returning to the U.S., depending on how long they overstayed illegally in the country. If this is the case, it is very important to fill out and submit a waiver application, called a Hardship Waiver, which proves that the inability to return to the U.S. would cause undue hardship to the family member in the U.S. currently.If the spouse entered the U.S. with a visa or some form of inspection (as a Canadian, under a Visa Waiver Program, or with a Border Crosser Card), the spouse will most likely be able to apply for an adjustment of status, which means that he/she can apply to become a resident while in the U.S. He/she will not need to leave the U.S. to get residency and will not need to file a Hardship Waiver. This is true even if the spouse has overstayed his/her visa expiration date.
