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According to INS, the number of legal immigrants to United States has been steadily increased since 1930's. This trend continued during 1990's. In fiscal year 2001, the total number of persons granted lawful permanent residence in the US was 1,064,318. Among them, 64% of all legal immigrants were family supported and 17% were admitted under employment preferences. |
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USAStudentVisa.org is an organization dedicated to assisting international students locate schools that issue U.S. student visas. Whether you want to obtain a degree or just live in the Unites States, you will need a student visa. USA Student Visa can help you get one. |
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Deportation (also called "removal") occurs when the federal government formally removes an alien from the United States for violations of a number of immigration or criminal laws, described in more detail below. Once deported, an alien may lose the right to ever return to the United States , even as a visitor.
Removal is a legal proceeding, and an alien who is subject to this procedure has legal rights prior to being removed from the country, including the right to challenge the removal itself on procedural or constitutional grounds. Following is a discussion of the removal process. |
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| Removal hearings are conducted to determine whether certain aliens are subject to removal from the country. The distinction between exclusion and deportation proceedings has been eliminated, and aliens subject to removal from the United States are now all placed in removal proceedings. Thus, the removal proceeding is now generally the sole procedure for determining whether an alien is inadmissible, deportable, or eligible for relief from removal |
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| Discretionary Relief-- Once an alien in proceedings is found to be removable, he or she, if eligible, may request one or more types of discretionary relief. This section describes some types of discretionary relief that are available during a hearing; administrative relief and judicial review after a hearing is completed are discussed below. Voluntary Departure -- Voluntary departure is the most common form of relief from removal and may be granted by Immigration Judges |
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Bond Redetermination Hearings
An Immigration Judge conducts a bond redetermination hearing for aliens who are in DHS detention . The alien makes a request to the Immigration Judge to lower or eliminate the amount of the bond set by the DHS. These hearings are generally informal and are not a part of the removal proceedings. This decision can be appealed (by either the alien or by DHS) to the Board of Immigration Appeals (BIA).
Withholding-Only Hearing
An Immigration Judge conducts a withholding-only hearing to determine whether an alien who has been ordered removed is eligible for withholding of removal under U.S. law or the U.N. Convention against Torture (CAT). |
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| When an alien is detained, has an action pending before the Board of Immigration Appeals (BIA), and is in "danger" of being immediately deported or removed, the alien, or the alien's attorney or representative, may request a stay of deportation/removal from the BIA. |
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Asylum seekers and refugees can gain legal residency status in the United States if they fulfill certain requirements under immigration law. The main differences between the two forms of relief are:
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Below is a discussion of decisions that can be made by immigration courts and officials at different stages in the asylum process. |
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Finding the Status of Your Case. If you have an application receipt number, you can check the status of your case
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| If you would like to see the Processing Dates for Applications and Petitions, select an office or processing center |
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Welcome to the online information center on Immigration benefit applications and petitions. This channel of www.USCIS.gov provides you with access to all of our public use forms. |
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Senwebnet Immigration section
provides you with what you need to prepare, complete and file your application with the U.S. citizenship Immigration Services (formerly known as the INS). Learn important Info on |
| becoming a Resident, a Citizen. |
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What is a Green Card? How do I obtain a Green Card?
A Green Card, officially known as a Permanent Resident Card, is evidence of your status as a lawful permanent resident. A Green Card gives a person |
| the legal right to LIVE, WORK AND STUDY permanently in the United States and to enter and leave the country freely. You may work in any government, public and private job that is available. A permanent residence visa is generally good for life . Green Card holders also receive health, education, retirement, taxation, social security and other benefits. The Green Card DOES NOT affects your present citizenship. A Green Card holder may later apply for United States Citizenship, if desired.
There are several ways you can obtain a Green Card:
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Marriage to a United States citizen |
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Through Employment |
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Through Relatives/Family Members |
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Through Investment |
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Green Card Lottery (DV Lottery Program) |
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Green Card Through Marriage Each year, over 160,000 citizens of the United States marry foreign-born persons and petition for them to obtain permanent residence in the U.S. Spouses of U.S. citizens are considered
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| "immediate relatives" under the immigration laws, and are exempt from all numerical quota limitations. In other words, marriage to a U.S. citizen is the fast lane to a green card. |
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Green Card Through Employment
H1B holders are eligible to obtain permanent residency (green card) through employment. H1B is a temporary work VISA which will allow foreign nationals to work in USA for the |
period of 6 years. During this six year period, they can process their green card and become a permanent resident. The permanent residency process (or green card) is a multi step process and may take 2-5 years depending upon the category and INS processing speed. |
Step - 1 Labor certification
The U.S. employer completes a labor certification request ( Form ETA 750) for the applicant and submits it to the Department of Labor's Employment and Training Administration. |
Step - 2 Immigrant VISA petition (I-140)
After the certification is granted, the employer wishing to bring the applicant to the United States to work permanently, files a petition in step 2. INS must approve the immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States . The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States . |
Step - 3 Adjust to permanent resident (I-485)
If the applicant is already in the United States , he or she must apply (I-485) to adjust to permanent resident status after a visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office. |
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Family Based Immigration
To be eligible for lawful permanent residence based on a family relationship you must meet the following criteria:
You must have a relative who is a United States citizen or a lawful |
permanent resident of the United States , who is willing to sponsor you for lawful permanent residency.
Your relative must prove they can support you by providing documentation that their income is 125% above the mandated poverty line for their family, including you and all other sponsored family members.
If your relative is a US Citizen and they legally have to prove you share one of the following relationships:
| -Husband or wife |
| -Unmarried son or daughter over 21 |
| -Child under 21 years old |
| -Married son or daughter of any age |
| -Brother or sister if you are at least 21 years old |
| -Parents if you are at least 21 years old |
If your relative is a lawful permanent resident they legally have to prove you share one of the following relationships:
Husband or wife |
Unmarried son or daughter of any age |
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Green Card Through Investment
In order to qualify as an immigrant investor, the individual must invest at least $1 million in a new commercial enterprise, which employs at least 10 U.S. citizens (excluding the individual, |
her/his spouse and children). If the investment is made either in a rural area or an area experiencing high unemployment, the minimum investment may be reduced to $500,000, but this latter option has a restricted quota of 3,000 investor visas out of a total of 10,000 investor visas each fiscal year.
Due to the limited number of people applying under this category the INS has issued regulations allowing for a more subjective and a less literal reading of the law. However, due to fraud concerns, there is a two year conditional status accorded to such investors, similar to the conditional status of spouses of U.S. citizens. |
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Green Card Through Diversity Immigrant Visa Lottery Program
The US Green Card Lottery Program, known as DV Lottery program, is a good opportunity for potential immigrants to obtain the status as a |
permanent legal resident of the USA . This program runs each year and provides 50,000 "Green Cards" to applicants randomly selected in a lottery process. http://www.dvlottery.state.gov |
- U.S. citizen files a Form I-130 Petition for Alien Relative on the spouse's behalf
- If the alien is already in the United States , he/she files I-485 application for adjustment of status to permanent resident (green card holder)
- You both file biographical forms G-325A (no fee)
- If already in United States , the alien files Form I-765 Application for Employment Authorization (w/signature card and filing fee) This allows the alien to work while waiting for the green card interview.
- Two color photos of both husband and wife taken within 30 days of the date of the I-130 petition
- Certified copy of marriage certificate
- U.S. citizen's proof of citizenship (e.g., passport, birth certificate)
- Form I-693, Medical Examination of Aliens Seeking Adjustment of Status. ( Must be completed by the USCIS authorized physician)
- Form I-131, Application for Travel Document ( Optional, if you want Travel document in case may have to travel out of USA while case is pending)
- Certified copies of Form I-864 Affidavit of Support (completed by the sponsor). (This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.)
- Sworn affidavits from friends and relatives to prove validity of marriage
- Filing fees
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The process is similar except that traditionally the foreign-born spouse had to remain in his or her country until he or she obtained a green card. This changed on August 14, 2001 when temporary K-3 and K-4 visas became available and allowed the spouse and children of U.S. citizens to obtain temporary visas to come to the U.S. and process the paperwork in the U.S.
The U.S. State Department offers advice on its web page to citizens who marry foreign-born persons abroad and wish to obtain immigrant (permanent) visas for them.
The process begins when the citizen spouse submits a visa petition to either the CIS office which has jurisdiction over his residence or directly to the U.S. Embassy or Consulate in the country where the foreign-born spouse resides. The citizen spouse must attach the same items with the visa petition which are listed above including filing fee.
Once the visa petition is approved, the foreign-born spouse will receive a packet from the National Visa Center (NVC) located in Portsmouth , New Hampshire . The packet informs the foreign-born spouse of the various documents which must be presented at the immigrant visa interview abroad (e.g., passport, police clearances, results of medical examinations, etc.). The packet includes certain documents requesting biographic data which must be completed, signed and forwarded to the U.S. Embassy or Consulate abroad.
Usually, the foreign-born spouse is interviewed and granted an immigrant visa within three to six months. The State Department charges a fee of $335 for an immigrant visa.
Sometimes, in order to avoid a lengthy separation, the spouses return to the U.S. after the marriage and proceed to file the necessary applications once they are both in the U.S. Usually, CIS takes a dim view of this practice. It is not uncommon for the CIS to stop the foreign-born spouse at the border and exclude him or her from the U.S. as an intending immigrant. However, if the foreign-born spouse is able to enter the U.S. , CIS will not deny his or her application for a green card solely because he or she entered the U.S. on a temporary visa when their real intent was to remain permanently in the U.S.
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Each year, the United States Diversity Immigrant Visa Lottery Program (Green Card Lottery) makes available 55,000 permanent residence visas through a computer-generated lottery drawing. These Visas, also known as "Green Cards", allow an individual and his or her family to permanently reside and work anywhere in the United States .
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For someone who does not have a close relative in the United States, or does not have a reliable job offer in the United States, this program serves as a beautiful opportunity to immigrate to the US without having to resort to other United States immigration procedures.
This year's application process for the DV Program has changed. The Department of State will only accept completed Electronic Diversity Visa Entry Forms submitted electronicallyduring the 60 day registration period beginning November 1, 2004 .
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The Diversity Immigrant Visa Lottery has been established in the 1996 Immigration Act in order to give immigration opportunity to natives from countries other than the main source of immigration to the U.S.A. This official U.S. government program aims to diversify the American population by creating an immigration opportunity to under-represented ethnic groups.
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The process of applying for a green card varies according to the status of the sponsor and the relationship between the sponsor and the beneficiary.
Following is a brief summary of the entire process, from beginning to end. |
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The sponsor must sign and submit the I-130 Petition for Alien Relative and its related forms. Once the USCIS receives the application, they evaluate it for eligibility, completeness, and presence of required documentation and fees. Sometimes the USCIS requires additional information after it processes the initial application. The sponsor will receive |
| notification if he/she needs to provide additional information, originals of any documentation, or an interview. Once the USCIS has all of the required documentation, it will make a determination as to whether the petition and its documents establish eligibility. If so, the petition will be approved and the USCIS will send the successful petition to the Department of State's National Visa Center . The beneficiary must then wait until an Immigrant Visa Number becomes available, unless the petition is for an immediate relative. If the petition is for an immediate relative, the Department of State will immediately issue a visa to the beneficiary. If the petition is denied, then the USCIS notifies the sponsor of the reasons for the denial. |
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| Once an Immigrant Visa Number is available, the beneficiary completes and signs the I-485 Application for Adjustment of Status. Numerous additional forms must be submitted with the adjustment application, including an affidavit of support that must be signed by the sponsor. Next, the USCIS receives and processes the application. The application is evaluated for eligibility, completeness, and presence of required documentation and fees. Sometimes the USCIS requires additional information after it processes the initial application. In such a case it will notify the beneficiary of its requirements. |
Note that if the beneficiary is an immediate relative (spouse, parent or unmarried child under 21) of a United States citizen, the I-130 Petition and the I-485 Application are submitted simultaneously. An immigrant visa number is always immediately available for immediate relatives of U.S. citizens |
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| The beneficiary will receive an appointment letter from |
the USCIS advising you of your fingerprinting location. After the beneficiary is fingerprinted and submits any additional documents requested by the USCIS, the USCIS will schedule the interview.
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| The beneficiary must undergo a medical examination before the Adjustment Interview. The interview notification includes a list of approved doctors. The beneficiary must arrange an examination with one of these doctors; his/her personal doctor cannot be used. The examination is intended to |
| detect whether the beneficiary has any disease or condition that will disqualify him/her from permanent residency. The doctor gives the results to the beneficiary in a sealed envelope; the beneficiary must bring this sealed envelope to the Adjustment Interview. |
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| For the most current list of civil surgeons in your area, please call the National Customer Service Center at 1-800-375-5283. After you have selected English or Spanish as your language of choice for the message, press the #2 key on your touch-tone phone for medical examinations from the list of six automated options. You will be asked to key in your zip code to help determine the list of designated civil surgeons closest to you. Have a pencil and a piece of paper ready to record the names of the civil surgeons provided. |
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You should assemble the required documents and bring them to the interview. These documents usually include:
- Appointment notice.
- Passport.
- Form I-94 for the most recent arrival in the U.S.
- Original documents for any copies that were submitted at the same time as the Adjustment application. This includes all documents related to the I-485, and might include documents related to the I-130 if it was submitted at the same time.
- Results of your medical examination by an approved doctor. The results must be in the original sealed envelope.
- Evidence of a bona fide marriage, if the marriage is relevant to the application. This evidence can include:
- Birth certificates and social security cards for both persons.
- Official identification documents for you.
- Leases and rent receipts for shared apartments.
- Unofficial identification showing the names of the parties, such as union cards, hospital cards, Insurance policies, pay vouchers, bank books, and credit cards.
- Employer letters that verify marital status from company records.
- Your wedding photographs.
- Recent photographs of you and your spouse that were taken after the wedding.
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The Adjustment Interview is usually scheduled for 60-90 days after the fingerprinting. The beneficiary must bring all required supporting documentation to the interview, including the sealed medical examination results, current information about financial support, and original supporting documents.
The beneficiary receives a preliminary decision at the end of the interview. A confirmation of the decision is sent by mail several weeks later.
NOTE: It is important to bring this evidence to the adjustment interview. Recently, applications have been denied for lacking such documentation, with no opportunity to produce the evidence after the interview. |
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After these forms are filed with the INS, the INS will: Process and investigate the information and documents submitted . Schedule an interview (this could take from two months to over two years, depending on the INS jurisdiction)
Examples of documents that you should be prepared to produce:
• Wedding photos
• Tax returns
• Joint bills
• Joint leases
• Joint bank accounts
• Alien must undergo medical examination
• U.S. citizen's proof of citizenship (e.g., passport, birth certificate)
• You will also need to provide evidence of cohabitation such as having both your names on the mortgage, phone bill, checking account, or other type of documentation that indicates that you are now living together.
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If the marriage is less than two years old when the foreign-born spouse becomes a permanent resident, the green card will expire after a two-year period. Both spouses must submit a joint petition (form I-751) to remove the two-year condition within the 90-day period immediately preceding the end of the two year period.
If the marriage has terminated by reason of divorce, death of the citizen spouse or spousal abuse, the foreign-born spouse may apply for a waiver of the joint petition requirement.
On April 10, 2003, the CIS issued a policy memorandum which states that a person who has obtained permanent residence based upon a marriage to a U.S. citizen can not submit an application for a waiver of the joint petition requirement based on the "good faith" marriage exception to the joint petition requirement until the person has obtained a final dissolution of the marriage.
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