Frequently Asked Questions About U.S. Immigration

Preguntas Comunes Acerca De La Ley de Inmigración de EEUU

Note: The answers to these questions are not intended to give legal advice, or create an attorney/client relationship, but to provide general information based on general principles of immigration law.

1. Question: I came to the U.S. on a visitor visa. I married a U.S. citizen. Does this automatically make me legal under the U.S. Immigration laws?

Answer: No. You must file the proper documents to adjust your status to a permanent resident. The law of marriage is a state law, and U.S. Immigration laws are federal laws. If you marry a U.S. citizen, you are not automatically entitled to remain in the U.S. indefinitely. If you stay longer than your required time under the visa, you may be subject to deportation.

2. Question: I came across the border 3 months ago without documents. I found an employer who wants to hire me to work. Can I work in the U.S. legally?

Answer: No. In order to work in the U.S. legally, you must enter the U.S. legally. If you did not enter the U.S. legally, you must return to your country and be “sponsored” to come back to the U.S. by a family member or an employer. The only exception is if a family member or employer filed a petition for you prior to April 30, 2001, in which case you may be eligible to become a permanent resident.

3. Question: I am a U.S. citizen. I have a fiancé in another country and we want to get married. What is the best way for me to bring him/her to the U.S.?

Answer: You can bring your fiancé to the U.S. on a fiancé visa (K-1), but you must get married in the U.S. within 90 days of his/her arrival. You can also get married in another country and then bring your spouse to the U.S. on a K-3 or immigrant visa. However, it is usually quicker to bring your fiancé to the U.S. on a K-1 visa.

4. Question: How do I become a U.S. citizen or a permanent resident?

Answer: In order to become a U.S. citizen, you must first become a permanent resident. To become a permanent resident, you must find a sponsor. The sponsor can either be a certain category of family member or a certain category of employer. You can also self-sponsor if you have been abused or you are seeking asylum. After you find the correct sponsor, you must file the appropriate documents with the U.S. Citizenship and Immigration Service to change your status to a permanent resident. After approximately 2 years as a permanent resident, you may be eligible to apply for U.S. citizenship.

5. Question: How can I work legally in the U.S.?

Answer: If you have a family member who is a U.S. citizen spouse, parent or unmarried child under age 21, you are considered an “immediate relative” and can file documents to become a permanent resident. You should receive your Employment Authorization after 3 months. Also, if you have special training/skills, or have a college degree, you can be sponsored by a U.S. employer on a work visa.

6. Question: A friend of mine committed a crime, is currently in jail, and I heard he will probably be deported. What can be done?

Answer: If your friend is in deportation proceedings, the first thing to be done is to find out is his/her current immigration status. If he is a permanent resident, under certain limited circumstances deportation can be avoided.

7. Question: How can I bring foreign relatives into the U.S.?

Answer: You must file the appropriate documents for an immigrant visa. It usually takes about 9 months for immediate relatives, and longer for others.

8. Question: My cousin needs a surgery/ medical treatment that is only available in the U.S. What can he do?

Answer: Your cousin can enter the U.S. for a limited time period under a special category called Humanitarian Parole for medical reasons. He must show proof of sufficient financial resources to cover the medical procedure costs.

9. Question: I left my country for political reasons. How can I apply for asylum?

Answer: You may be eligible for asylum if you can demonstrate a reasonable possibility of persecution based on race, religion, nationality, or political opinion. You must have proof of past or future persecution.