Frequently Asked Questions
Immigration
- I am a U.S. Citizen or lawful permanent resident. Can I sponsor my family for immigration to the U.S.?
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Family-Based Immigration Permanent immigration in the U.S. comes with a variety of rights and privileges. One method to obtaining lawful permanent residency is through a relative who is either a citizen of the U.S. or a lawful permanent resident. There are two categories for unlimited family-based immigration: (1) Immediate Relatives of U.S. Citizens (IR): A spouse, widow, or unmarried child under the age or 21 of a U.S. citizen. This category also includes parents of adult U.S. citizens; (2) Returning Residents (SB): Immigrants who previously lived in the U.S. under lawful permanent resident status. These individuals should be returning to live in the U.S. after being abroad for more than one year.
- What is the process for sponsoring a spouse?
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U.S. Immigration law allows two methods for U.S. citizens to bring future spouses to the United States: the K-1 Fiance Visa and the Alien-Spouse Immigrant Visa. The K-1 Visa generally takes less time to process than the Alien-Spouse Visa. The Alien-Spouse Visa, however, is a proven path toward lawful permanent residency for your spouse.
- My relative is sponsoring me for immigration to the U.S. Can I include my spouse and dependent children when processing my green card?
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Yes, your spouse and unmarried children under 21 can be included with you. If you have a child 18 years of age or older, you should notify The Greaves Law Group, L.L.C. immediately so that steps may be taken to ensure they will be included in the green card process prior to the child turning 21.
- What if I am not married but I have a partner or “significant other?”
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Although not entitled to a derivative nonimmigrant visa, your significant other may be able to obtain a B-2 (“tourist”) visa to accompany you during a temporary stay in the U.S. if you can show that he/she is your dependent. For the permanent resident process, only spouses are eligible for derivative immigrant visas.
- How can I enter the U.S. as an academic student?
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Foreign national students who want to study in the U.S. usually apply for the F-1 visa. Although the J-1 and M-1 Visas (for vocational students) are sometimes used, most foreign students enter in F-1 status. Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S., under F-2 status.
- How can I enter the U.S. as a vocational student?
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The M-1 visa offers a great opportunity for students to train in a positive U.S. environment and strengthen their technical and non-academic skills. The M-1 visa is offered to students who wish to pursue full-time study at an INS approved vocational or non-academic school in the United States. These schools are usually community and junior colleges that offer vocational and technical training or vocational high schools. The schools must prove their international students program will reach certain educational objectives and will not be used to make students work. Your spouse and unmarried children under the age of 21 are allowed to join you in the U.S., under M-2 status. A prospective student’s Form I-20M-N may be used to request an M-2 visa.
- How can a religious worker enter the U.S.?
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The R-1 Visa enables religious workers to temporarily enter the United States. A religious vocation is defined as a calling to religious life, shown by a demonstration of a lifelong commitment; for instance, taking vows. Nuns, monks, and religious brothers and sisters are examples of religious workers. A religious occupation is defined as a continual engagement in an activity related to a traditional religious function. This definition includes liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators and religious broadcasters. However, it doesn’t include janitors, maintenance workers, clerks, fund raisers or solicitors of donations. Your spouse and/or unmarried children under 21 years of age may be granted derivative status to enter the U.S. They are not authorized to work while in the U.S., but may attend school.
- When can I receive a Social Security Number?
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If you do not already have a social security number, you can apply for one at the U.S. Social Security Administration (SSA) office. If you hold nonimmigrant visa status that allows you to work in the U.S. (e.g., H-1B), the SSA will issue a social security card which indicates that you are authorized to work with USCIS authorization only. Your dependents will not be issued SSNs, but they can apply for a federal identification number at a local IRS office. For more information about applying for a social security number and office locations, you can visit the SSA website.
- When can I apply for U.S. citizenship?
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Individuals who satisfy the residence, physical presence and other requirements are eligible to apply for U.S. citizenship after they have been permanent residents (green card holders) for five years. If you are married to a U.S. citizen, you are eligible to apply for citizenship after three years of marriage as long as residence, physical presence and other requirements are met.
An applicant for U.S. citizenship must demonstrate good moral character, English literacy, and knowledge of U.S. history. In addition, there are U.S. residence and physical presence requirements which must be met. In brief, the applicant for naturalization must have been physically present in the U.S. for at least half of the qualifying period (5 or 3 years as described above) and must have maintained his or her primary place of abode in the U.S. for the entire qualifying period (e.g. extended absences from the U.S. may interrupt the qualifying period).
