Jennifer Gagliardi - U.S. Citizenship For Dummies

Depending on where you are in the immigration process, you’ll need various forms and documentation.

A nonimmigrant, or temporary, visa allows you to legally stay in the United States for a given length of time, after which you must leave the country. In order to qualify for a temporary visa, you’ll usually need to prove that you have a residence outside the United States, as well as binding ties to your home country, such as a family or a job. The U.S. government wants to be sure that you’ll return home at the end of your visit. In most cases, you’ll also need to show that you have enough money to support yourself while in the United States.

The type of temporary visa you get will depend on the reasons why you want to visit the United States. You can gain temporary access to the United States in many ways, including the following:

As a visitor or tourist

For business

To seek medical treatment

As a temporary worker or to receive work training

As a student, either for academic or vocational training

By participating in an educational or cultural exchange program

As a fiancé(e) of an American citizen

As a NAFTA professional

Qualified citizens of Canada and Mexico may obtain temporary TN (Trade NAFTA) status. This status is available to certain professionals under the North American Free Trade Agreement (NAFTA). These citizens are visa exempt, meaning they don’t have to obtain visas at a U.S. consulate in order to enter the United States in this status. Through the agreement, a citizen of a NAFTA country may work in a professional occupation in another NAFTA country, providing they can meet the following conditions:

The profession is on the NAFTA list.

The person has the necessary skills and qualifications to fill the position.

The position requires someone in a professional capacity.

The person will be working for a U.S. employer.

Under this particular status, you will be allowed to bring your spouse and unmarried children under 21 with you, although they will not be allowed to work in the United States unless they qualify for work authorization on their own.

Travelers from certain eligible countries also may be able to visit the United States (for business or pleasure only) without a visa through the Visa Waiver Program. Check with the Department of State ( www.travel.state.gov/vwp.html ) to see if your home country qualifies. See the full list of visa categories at https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html .

To become a lawful permanent resident, an alien must first be admitted as an immigrant. Most people get their immigrant visas because a qualified relative or employer has sponsored them as follows:

1 The employer or relative filed a petition with the USCIS.

2 The USCIS approved the petition and then forwarded it to the National Visa Center for further processing.

3 The State Department issued a visa after an immigrant visa number became available.

If you’re already living in the United States, you may be eligible to adjust your immigration status from temporary to lawful permanent resident without leaving the country. And here’s some good news: As an applicant, you may apply for a work permit while your case is pending. (You can find out more about this in Chapter 3.)

If you plan to leave the United States while applying for adjustment to permanent resident status, you must receive advance permission, called advance parole, to return to the United States. If you do not apply for advance parole before leaving the United States, the USCIS will assume that you have abandoned your application and you may not be permitted to reenter the United States.

In most cases, as an alien applying for permanent residence, you will need to provide

A valid passport

Three photographs

Birth and police certificates

Marriage, divorce, or death certificates of your current and/or prior spouse(s)

Proof of financial support

Proof of medical examination

You can get more-specific details about what to provide at the National Visa Center (NVC); requirements vary slightly from consulate to consulate. Submit online immigrant visa case inquiries at https://nvc.state.gov/inquiry . You can visit the NVC website at https://nvc.state.gov for more information.

Customer Service Representatives for Immigrant Visa inquiries only are available at (603) 334-0700 from 7 a.m. to midnight Monday through Friday, excluding federal holidays. You can see the current status of your case or make updates by logging into the Consular Electronic Application Center at https://ceac.state.gov .

Customer Service Representatives for Nonimmigrant Visa inquiries only are available at (603) 334-0888 from 7 a.m. to midnight Monday through Friday, excluding federal holidays. Please note only English-speaking representatives are available on this line.

The NVC is not open to the public. Unfortunately, some people have traveled long distances to inquire about their case in person, only to discover that NVC staff is unable to meet with them.

Seek competent legal help if you have been in the United States illegally. If you leave the United States to obtain an immigrant visa abroad and the unlawful presence accrued after March 31, 1997, you will be barred from reentering the United States for three years (if the continuous unlawful presence was from 181 days to one year) or ten years (if the continuous unlawful presence was for more than one year).

Naturalization, the process by which lawful permanent residents become U.S. citizens, is the next step in the immigration process. Many lawful permanent residents stop before achieving citizenship, but if you bought this book, chances are you’re interested in going all the way.

As a naturalized citizen, a person has the exact same rights, responsibilities, and benefits of natural-born U.S. citizens, with one exception: Only natural-born citizens may become president or vice president of the United States.

In most cases, naturalization applicants must prove they can meet these requirements:

A designated period of continuous residence in the United States (usually three or five years immediately prior to applying) as a lawfully admitted permanent resident.

Physical presence in the United States for at least half the designated time.

Residence in a particular USCIS district prior to filing, usually for at least three months. Districts are geographical areas serviced by local USCIS offices. You can get up-to-date information about districts at www.uscis.gov/about-us/find-a-uscis-office/field-offices .