Jennifer Gagliardi - U.S. Citizenship For Dummies

For more information about fingerprints, see USCIS Preparing for Your Biometric Services Appointment ( www.uscis.gov/forms/filing-guidance/preparing-for-your-biometric-services-appointment ).

To obtain a copy of your FBI identification record, submit a written request via the U.S. mail directly to the FBI, Criminal Justice Information Services (CJIS) Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306. This request must be accompanied by satisfactory proof of identity, which shall consist of name, date and place of birth, and a set of rolled-inked fingerprint impressions placed upon fingerprint cards or forms commonly utilized for applicant or law enforcement purposes by law enforcement agencies.

The Office of the United Nations High Commissioner for Refugees ( www.unhcr.org/en-us/ ) was established to lead and coordinate international action to protect refugees and resolve refugee problems worldwide. Striving to safeguard the rights and well-being of refugees, the agency has helped an estimated 50 million people restart their lives in the last 70 years. During the first half of 2021 alone, 142,900 refugees returned or were resettled.

Today, a staff of around 7,300 staff working in 135 countries continues to help an estimated 26.6 million people find safe refuge in other countries.

Chapter 3

IN THIS CHAPTER

Visiting the United States on a temporary basis

Safeguarding your future immigration plans

Obtaining a green card

Making sense of the preference categories

Whether you’re just visiting the United States on a nonimmigrant basis or hoping to live here permanently, you’ll need to know about visas and how to get them in order to remain in the country legally.

All visa applicants should be aware that having a valid visa does not guarantee you entry into the United States. Upon arrival in the United States, you’ll receive a form I-94 “Arrival-Departure Record” from the Bureau of Customs and Border Protection (CBP). (You can find out more about this in Chapter 1.) This document states the amount of time you’re allowed to remain in the United States legally.

Nonimmigrants enter the United States for a temporary period of time, and their activities are restricted to the reasons their visas are granted. In other words, if you enter the United States on a tourist visa, you may not legally work because that would necessitate an employment visa.

Business travelers who stay for pleasure after their business concludes — provided they leave the country within the time period authorized when they are admitted to the United States — do not need to go through the paperwork of changing their status from visitor for business to visitor for pleasure.

You may not need a visa to enter the United States if you’re entering under NAFTA or the Visa Waiver Program (VWP). The VWP allows foreign nationals from certain designated countries to enter the United States as nonimmigrants for business or pleasure under limited conditions, and for no more than 90 days, without first obtaining a nonimmigrant visa.

In order for a U.S. citizen to bring their foreign-born fiancé(e) to the United States, the citizen must file a Form I-129F with the U.S. Citizenship and Immigration Services (USCIS). See Visas for Fiancé(e)s of U.S. Citizens at www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens . After the form is approved, USCIS forwards the petition to the relevant U.S. embassy or consulate abroad. The embassy or consulate then contacts the fiancé(e) to schedule a visa interview. The U.S. citizen and their foreign-born fiancé(e) must marry within 90 days from the day the fiancé(e) enters the country.

If you have already married, plan to marry outside the United States, or your fiancé(e) is already residing legally in the United States, your spouse or fiancé(e) is not eligible for a fiancé(e) visa. Go to the Bringing Spouses to Live in the United States as Permanent Residents web page for more information about how to help your foreign spouse apply for a green card ( www.uscis.gov/family/bring-spouse-to-live-in-US ).

You and your fiancé(e) may be romantics, but the USCIS is not. They don’t automatically assume you will actually marry. After the wedding, the U.S. citizen must again contact the USCIS to change their spouse’s immigration status from nonimmigrant to lawful permanent resident.

The U.S. government believes that the countries accepted in the VWP are not likely to compromise U.S. law-enforcement or national-security interests — including the enforcement of immigration laws. Countries can be added or deleted from the program at any time, so be sure to consult the U.S. Department of State for the latest information (go to https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html for information). There are over 40 countries on the Visa Waiver Program list, including most European countries, Australia, Brunei, Chile, Japan, New Zealand, Singapore, South Korea, and Taiwan. Although not specifically listed as a Visa Waiver country, Canada’s citizens and landed immigrants also can enter the Untied States for business or pleasure without visas.

In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S.-bound air or sea carrier. ESTA is a web-based system operated by U.S. Customs and Border Protection (CBP) to determine eligibility to travel under the VWP to the United States for tourism or business. Visit the ESTA web page on the CBP website for more information ( https://esta.cbp.dhs.gov/esta ).

Most nonimmigrants in the United States fall under the categories of business or pleasure visitors:

Business visitors: The B-1 nonimmigrant category includes those coming to the United States to conduct business with a company here. Activities include consultation, negotiating a contract, and participating in short-term training. This type of visa does not allow the visitor to hold a job or work for pay in the United States. See B-1 Temporary Business Visitor at www.uscis.gov/working-in-the-united-states/temporary-visitors-for-business/b-1-temporary-business-visitor .