Immigration > Immigration FAQs

Immigration FAQs

Q: What is immigration law?
A: Immigration is particularly governed by federal law. The federal immigration and nationality act manages the people who are entering in United States on a temporary or permanent basis. Furthermore, it controls whom the federal government can eliminate or deport from US.

Q: What are the factors considered by the US Citizenship and Immigration Service (USCIS) to grant an individual immigration status?
A: Factors considered by the USCIS include:

• Whether the person contains permanent employment opportunity in the US, and whether that employment comes under one of the five eligible employment categories
• Whether the application meets the criteria for refugee status
• Whether the person has an immediate relative who is a US citizen or a permanent resident
• Whether the person is making a capital investment in US, which satisfy certain dollar thresholds or creates or saves certain number of jobs

Q: What is an immigrant?
A: People who are coming to the US whether to reside permanently or for an indefinite period and making the US as primary place of residence. Any permanent resident of the US is called an immigrant and the person who wants to be a permanent resident is an intending immigrant.

Q: What is an immigrant visa?
A: It is the visa given to a person by the US consul after qualifying for permanent residence. After entering the US, the person will receive a green card. These visas are only issued to people who qualify for residence in the US. Here are few applications for residence:

• Employment based visa
• Special ability visa
• Religious worker visa
• Family relations visa
• Refugee/Asylum protected status
• Investor/entrepreneur visa
• Lottery diversity visa

Q: How can I find whether I am eligible or not?
A: To know whether you are eligible to apply, first you should meet all the US immigration rules and regulations. You can visit the page, to more about the immigration services.

Q: What is a green card?
A: It is the term used to refer United States Permanent Resident Card. This is a document to identify you as a Lawful Permanent Resident of the United States.

Q: What are the benefits of being a permanent resident?
A: Green card gives you the right to live and work in the United States. You are also eligible for state education, social welfare assistance and medical care. The only right a green card holder does not have is to vote, it is only for US citizens. Generally temporary residents are not eligible for medical care or social welfare assistance at any time.

Q: What is a non-immigrant visa?
A: Non immigrant visas are temporary visas that are valid for a specific amount of time.

Q: What are the different categories of temporary work visas?
A: Please see our discussion on Temporary Visa Options.

Q: What is special registration and whom it affects?
A: Special registrations are necessary registration process for people who come from certain designated countries and living in US as non-immigrants.

Q: What is the difference between immigrant visa and non-immigrant visa?
A: Immigrant visas are permanent visas also called as green cards. Green card residents are named as permanent residents and are classified as immigrant visa holders. Non immigrant visas are temporary visas. These visas are valid for certain period of time.

Q: Is there any chance to refuse my immigration application?
A: Yes. Most of the people are unaware of how immigration regulations are enforced. Most of the applications are refused or delayed because of errors on the application or because of inadequate documents submitted. So, before submitting your immigration application, make sure that you consult an immigration attorney to know about immigration requirements thoroughly.

Q: Is it possible to be a dual citizen of the United States of America and some other country?
A: Yes. If you have been a dual citizen from birth to childhood, or you became a citizen of another country after already having US citizenship, then you may qualify for dual citizenship. Providing that the other country doesn’t have any rules and regulations demanding you to officially postpone your US citizenship before US consular authorities, then the present US laws certainly assures the right to maintain both the citizenships for your lifetime.

Q: Can I work in the US temporarily until I get my permanent visa?
A: According to US immigration rules, there are several areas of temporary, non immigrant visas, which permit you to work. Usually for this, you need to have an employer petition for you and also you need to have certain education and some skills to become eligible. Then the employer can make a petition for permanent resident visa for you when you are working in the US on your temporary work visa. Most often, it is possible to stay employed in the US, when your permanent residency application is pending.

Q: How much time does it take to get my permanent residence visa?
A: After your petition approved by USCIS, you may have to wait for longer time for a visa to become available to you. It is because US restricts the amount of permanent resident visas it gives each financial year for each group of immigrants besides immediate family members of US citizens. Also, it restricts the number of visas given to each country. If there are more people with approved petitions and there are no visas available for your country, then you will be put on waiting list. Your petition in line is determined by the date of your petition process was started.

Q: What fees are involved in getting a green card?
A: Cost differs from country to country and case to case. There are fees for individual petitions, like immigration application fees, medical tests and fingerprints. You will be informed of the government fees by processing post.

Q: Is there any chance to cancel your US citizenship?
A: Yes. If you are involved in any kid of crime, then it can result in deportation. Deportation or removal is the process that US government starts when it wants to expel a noncitizen. Most common conditions that cause deportation include:

• Sex offenses like abusing a minor child
• Drug offenses like sale or possession
• Theft offenses like robbery
• Domestic violence like stalking
• Fraud convictions like credit card fraud, visa or passport fraud
• Aggravated felonies like rape, murder

Q: What is a waiver?
A: In certain cases, a permanent resident who is removed or deported because of commission of crime can seek a waiver. The individual should present any positive aspects of residing in the country that will outweigh the offense. These factors consist of, duration in the US, your family connections to the country, intense trouble if deported, good employment background, and any health needs.

Q:  What should I do if I lost my green card?
A: If you are inside the US, file USCIS form I-90 with your local USCIS office. You will find detailed instructions on the form itself. In case you are outside the US, consult the nearest US consulate or USCIS office.

Q: What is a work permit?
A: People who are not the US citizens or green card holders should apply for a work permit, usually called as an Employment Authorization Document (EAD) to prove you may work in the US.