When a person comes to the United States the U.S. CIS will verify whether that person is entitled to come into the United States. The I-94 card is a small rectangular white card where the person writes down her/his name and country of origin. After the U.S. CIS officer is satisfied that the person may be admitted into the United States, the officer will stamp the date the person arrived. He/she will then write down the person's visa category and the date by which they must leave the United States. If the person comes in with a tourist visa (the B-2) the date of departure will be anywhere from one day to six months. If the person comes with a nonimmigrant work visa, the date of departure is supposed to coincide with the date of the expiration of the visa stamp. If the person is an F-1 or J-1 he/she is supposed to write down "D/S" which stands for duration of status. This means that the person is entitled to stay while he/she is in school or the exchange program. The date written on the I-94 card is extremely important because the date written there controls the legal stay of the person. The details are too complicated to discuss here but suffice it to say that the dates of the I-797 approval notice, the visa stamp and the I-94 card may not always coincide. Therefore, despite the fact that the I-797 and visa stamp may still be valid, if the person does not pay attention to the date written on their I-94 card they may still fall out of status! Always keep track of the dates on all three documents. If any of the dates is about to expire, contact an attorney.

My visa stamp expired. Am I out of status?

The fact that the visa stamp has expired does not necessarily imply that the person is out of status. Remember that the visa stamp is only the authorization to come into the United States. A person may come to the U.S. change or extend status and stay with an expired visa stamp. First look at your I-94 card. If it is expired but you have extended your stay with a valid I-797 approval, you are still in status. If your I-94 card and your I-797 are both expired and you have not applied for a renewal, then you are almost certainly out of status.

My visa stamp expired but I am in status. Do I have to go abroad to renew my visa stamp?

It depends. If the visa stamp that expired is the same visa category that you are presently in, and it has not been expired for more than a year, then the visa may be renewed through the Department of States Visa Office in Washington D.C. without having to set foot abroad. However, even if it is the same visa category and it has been expired for more than one year, then it can only be done abroad. The moral here is not to let your visa stamp be expired for more than one year, because as most of you know, interviews at some consulates are always less than pleasant. If you have switched visa categories since you first arrived in the U.S. then the new visa stamp must be acquired abroad. The Visa Office is entitled to renew visa stamps but it does not have the jurisdiction to grant a new visa category.

Must I get my visa stamp in my country of origin or can I go to Canada or Mexico?

If you must obtain the visa stamp abroad, there are certain situations where a consulate in Mexico or Canada may grant the visa stamp even if you are not from Mexico or Canada. This is called a TCN (third country national) application. A person is eligible to apply for a visa in a third country only if they have never been out of status. If the person has ever been out of status, then he/she may only apply for the visa in his/her country of origin. Before traveling abroad to obtain a new visa stamp always check with an attorney as far in advance as possible. There are certain steps that may have to be taken with the U.S. CIS before certain consulates will even interview someone. Furthermore, it is important to realize that even if one secures an appointment in Canada or Mexico, there is always a possibility that the consular officer will decline to adjudicate the petition. Consequently, a contingency plan is always useful. Getting "stuck" abroad for five or six months abroad because advance planning was not done is never fun.

What is a visa or a visa stamp?

The visa or visa stamp is a small piece of paper that is attached to the passport. One acquires the initial visa or visa stamp at a United States embassy or consulate abroad. The visa is the U.S. government's authorization for someone to come into the country. It is important to realize that the I-797 (see above) and the visa are not the same thing. Many times individuals think that they have a visa because they have the I-797 approval notice but that is not necessarily so. An I-797 without a visa will not entitle someone to get back into the United States.

My attorney/company filed for my nonimmigrant visa extension. Does this automatically extend the status of my spouse and children?

NO! Over the years we have seen many families who have needlessly fallen out of status because they were not informed that just because the principal family member is legally here, it does not mean that his/her dependents are necessarily legally here. All the nonimmigrant work visas as well as the student and exchange visitor visas have counterparts that enable the dependents (i.e. spouse and children under 21) to accompany the principal or beneficiary of the visa.

I changed status from one visa to another and have not exited the country. I now want to travel back home. What do I have to do?

Many times an individual will come to the United States as a student (F-1 visa) or as a tourist (B-2 visa) and will later obtain employment and an H-1B, E, or L approval notice or I-797. This I-797 is the official acknowledgement that the person is no longer an F-1 or B-2 and that they may stay in the U.S. and work under the H-1B, E, or L category. However, the U.S. CIS only has authority to approve the change from one visa category to another (a/k/a the change of status). The U.S. CIS not have the authority to grant the actual visa. Only the Department of State through its consular officers has the authority to grant a visa. Therefore, after one changes status and desires to leave and reenter the U.S., a new visa stamp will be required. For example, if a person changes to the H-1B category, he/she cannot reenter the United States with the old B-2 or F-1 visa stamp. Before reentering the U.S. the person will have to go to a consulate or embassy abroad to have a consular officer adjudicate the new type of visa category.

What does being "out of status" or "falling out of status" mean?

Being out of status is the legal term for someone who is improperly in the United States. One can fall out of status for many reasons. For example, one may fall out of status by overstaying in the United States. If a person is entitled to stay here until a certain date and the person stays beyond that date without extending their stay (a/k/a extending status), then that person falls out of status. Another common example is someone who is here with a nonimmigrant work visa, such as the H-1B, L or E visa. Those visas are granted to a foreign professional so that he/she is able to work for a particular company. If the foreign worker stops working for that company then one of the conditions for granting the visa category, that the person work for X company, is no longer in existence. Consequently, the worker may fall out of status because he/she is no longer working for company X, the main reason why the visa category was granted in the first place. Because this is so important, the illustration of two common pitfalls would be useful: The dependents of an H-1B visa are eligible for the H-4 dependent visa. Let's say that the initial three years expire on July 15, 1999. In July of 1999 an H-1B extension will be filed for the H-1B beneficiary. The H-1B beneficiary and the dependents all entered on the same day and all the family's I-94 cards expire on July 15, 1999. Unfortunately, the foreign employee and his/her employer assume that because the H-1B extension was timely filed, it will automatically also extend the H-4 stay for the family. This assumption is wrong. H-4 renewals must be filed with the H-1B renewal to keep the entire family legally in the U.S. The second pitfall is even more common. The dependents came to the U.S. after the principal. As a result the principal will have an I-94 card that will expire on July 15, 1999 but the dependents will have an I-94 card that will expire after July 15, 1999 sometimes years later. When 1999 comes along the H-1B is extended but the H-4s are correctly ignored because the I-94 card is still valid. Unfortunately, nobody keeps track of the I-94 card expiration dates for the dependents, the date comes and goes, and they fall out of status. To prevent this situation from occurring, always, keep track of the expiration dates for each family member as they may all be different. Do not rely on your attorney to keep track for you. Remember that even attorneys like us, who keep an agenda with the expiration dates for the principal, cannot keep track of the family members because we do not know when they come to the U.S.

I am abroad, do I need to process anything with the U.S. CIS/BCIS to get my spouse and children to the United States?

No, the U.S. CIS will not be involved in the grant of the dependents' immigration papers when the entire family is abroad. Nonetheless, the family members do need to obtain a visa at the consulate to enter the United States along with the principal beneficiary. To obtain the visa for the dependent family members take the family members, their passports, birth certificates (for the children) and the marriage certificate (for the spouse) to the consular interview.

What are the consequences of falling out of status?

At the very least the consequences are very inconvenient and at the other end of the spectrum the consequences are quite severe. The least that will happen is that the offending individual will not be able to apply for permanent residency in the United States and will actually have to have an interview in his/her country of origin. This is inconvenient because two weeks or more could be lost from work and school (for the children) not to mention the potential cost of airfare and accommodations. Beyond that instead of getting permanent residency in the U.S. without probably having an interview, the whole family will have to be interviewed by a consular officer. As most veteran foreign workers already know, it is always best to avoid consular interviews whenever possible, because these can be unpredictable to say the least. At the other end, remaining out of status for more than six months or a year may bar a person and their dependents from obtaining any type of visa, including permanent residency for a period of three or ten years!

If a person on a tourist visa has remained in the United States for a little more than one year after the date they entered, how long will they be barred from entering the United States?

Persons that are "unlawfully present" in the United States for more than 180 days after April 1, 1997 who voluntarily depart the U.S. are subject to being barred from re-entry for a period of three years. Persons that are "unlawfully present" in the U.S. for one year or more are subject to a 1 0 year bar from re-entry. There are several key issues in determining when the bars take effect. You should realize that it is departure that actually triggers the bar. If he person is "unlawfully present" but does not depart, the bars are not going to affect his or her case. To determine whether a person is "unlawfully present" you must look at the expiration date on the 1-94. You add 180 days (or 1 year) to determine the date on which the person becomes "unlawfully present". If a person was admitted without a finite departure date on the 1-94 (such as a student admitted "D/S" or duration of status), then the bars will not apply on departure in most instances. There are many special rules and exceptions concerning the "bar" issue. F or example, the bars do not apply to periods of time accrued when a person is under the age of 18. In addition, if the person subject to the bar can prove that denial of admission to the U.S. would cause extreme hardship to an American Citizen or lawful permanent resident spouse or child, and the person subject to the bar is an immigrant, then a waiver can be filed. The waiver is totally discretionary and the denial of a waiver cannot be appealed to a court of law. It should be stated that in certain instances, people that are permanent resident aliens can also be subject to the bars! So be careful. There is no

What is an I-797 approval?

When a petition is processed with the Citizenship and Immigration, the approval of the visa category comes in a single piece of paper. The U.S. CIS gives all of its papers form numbers. The form number of the approval notice is the "I-797". Therefore, the approval notice and the I-797 are one and the same.

What is a green card?

A green card is the colloquial name for the Alien Registration Receipt Card which services as evidence that a given individual is a permanent resident of the United States. The card got this name because in the fifties and sixties they had stripes that were green. Today, the cards are not green but the name "green card" has remained.

How long does it take to become a permanent resident or obtain Greencard status?

It depends on the area of the country where the foreign worker is employed and the nationality of the foreign worker for more on this topic click here. In the last few years the Department of Labor in particular, which must pre-approve the petition before it is sent to the U.S. CIS through a process called "labor certification", has been taking longer and longer to process the petitions. Depending on the various factors mentioned above, permanent residency may take anywhere from two years to five years (and counting...) to complete

I came to United States on LIA visa and now wish to apply for green card. My company is ready to sponsor me for my green card. How would I go about it?

The Immigration law provides for LIA managers and executives to file an EB-1(3) immigrant visa petition to classify you as LPR. This is sometimes referred to as a L-l A conversion, it is often the easiest way to get LPR for a manager or executive of a multinational corporation.

What if my employer does not, want to sponsor me for the EB-1(3)?

It will be extremely difficult for you to "self petition" for your permanent residency ("LPR"). You can only accomplish this if you are a person of extraordinary ability in the sciences, arts, education, business or athletics. No employer is needed for these types of petitions.

My employer says that it will file a labor certification for me to get a Greencard. What does this mean?

In order to obtain Legal Permanent Residence through an employer, for most positions with most employer, proof must be provided that efforts were made by them to find and hire workers willing, able and qualified for the position being offered. Therefore, before a labor certification application can be filed with the Department of Labor, a series of advertisements and job notice postings should be done by the Employer. This is a very technical process and it is important that every step be done properly. Attorney guidance is essential.

I am an accountant and have a Bachelors degree in Engineering from India. My brother's friend has a company that needs to hire a part-time engineer. Can I get a part time H-IB?

Yes, if there is a bona-fide job opening for a part-time engineering position. The H-IB petition must be accompanied by evidence that you have at least a bachelor's degree or it's equivalent from an accredited U.S. university. Also, the position being offered needs to be carefully evaluated to see if a bachelor's degree, in your field, is a reasonable minimum requirement for the position. Other requirements include the company showing that it has the ability to pay the salary being offered to you, and that salary is at or above the "prevailing wage" rate for the area of intended employment. The prevailing wage determination is made prior to filing the H-IB petition with the U.S. CIS.

What is an LCA?

LCA is the acronym for Labor Condition Application (a/k/a the form ETA 9035). When an H-1B is processed, papers have to be processed with the U.S. CIS and the Department of Labor (DOL). The DOL is involved in the process because the federal government wants to ensure that if foreign workers are being hired it is not being done in a manner that underpays them. This protects the foreign workers from being abused, but the main purpose of this process is to protect the jobs of American workers and to make sure that wages are not artificially depressed.When a U.S. corporation hires an H-1B worker it will have to pay that worker the prevailing wage as determined by the DOL and its wage surveys. If a U.S. company does not offer the H-1B worker a wage that comes within 95% of this prevailing wage, an H-1B petition cannot be processed. The LCA is the form where the prevailing wage is set forth and the U.S. company promises to pay at least the prevailing wage. Once the Company completes and signs this LCA, it must be sent to one of the 10 regional DOL offices for certification. The process may take anywhere from a couple of days to four or five weeks depending on the area of the country. The U.S. CIS will not approve an H-1B petition without a completed, signed and DOL certified LCA.

How many years may I work in H-1B status? Do periods in H-4 status count towards that limit?

Generally a foreign worker may only work six years in H-1B status. To become eligible for another six years, the foreign worker must leave the U.S. for one year. Periods spent in any H status, H-4 or H-1B, count towards that six year limit.The exception to the six year limit in H-1B status is where an employer sponsor has filed a valid application for labor certification to classify the H-1B worker as an EB-3 professional immigrant worker.In such cases where an application for labor certification is on file with the DOL , the H-1B employer may file for a seventh year H-1B extension.The immigration service may grant one year H-1B extensions as long as the underlying labor certification case is pending final action by the DOL or U.S. CIS.

My H-1B renewal petition was filed before the initial H-1B petition expired but the U.S. CIS has yet to approve the renewal. Am I out of status? May I continue to work?

No, as long as the renewal petition is filed before the initial petition expires, the person does not fall out of status. As far as work is concerned, the foreign professional may continue to work for up to 210 days while the renewal petition is pending adjudication by the U.S. CIS/BCIS .

I am a student and have obtained optional practical training. When should I file for my H-1B?

It used to be that we would tell a student that it was safe to wait until four or five months before the optional practical training expired. That is no longer the case due to the long processing times for H-1Bs and the uncertainties about H-1B availability. These days the suggested procedure is to file for the H-1B as soon in the student's practical training tenure as possible. This will prevent the problems that we saw and heard about this year of students who did not get their H-1B in time and had to wait three and four months before resuming employment.

My H-1B petition was filed before my underlying F-1 or B-2 visa expired but the U.S. CIS/BCIS has yet to approve it. Am I out of status?

No, if the H-1B petition was filed before the underlying status expired, the foreign professional is not out of status.

My original H-1B petition has been filed. May I begin to work?

No,unless the individual currently has H-1B status, work may not be commenced until the H-1B is approved. Premature employment is illegal and could get both the employee and the employer in trouble with the U.S. CIS and the Department of Labor.

May I have multiple H-1B petitions?

Yes, a foreign professional may work for multiple employers so long as each employer has an H-1B petition approved for the professional.

May I have two or more companies sponsor me at the same time for full-time employment?

The answer is still yes. The immigration and labor laws do permit this course of action. However, if what is really happening is that the foreign professional is knowingly letting several corporations sponsor an H-1B with the intent to only take one job offer, it is improper. While there may not be any immigration repercussions, if an H-1B is being sponsored it is very likely that there is a contract of employment. A company that spends the time, money and effort to process an H-1B may well sue the foreign worker for breach of contract, and perhaps consequential damages. Remember that companies make commitments to their clients and when a company waits 2-4 months for an H-1B to be approved to be told that the worker decided to take another job offer, it may cause the company to lose business due to its inability to deliver to the client. The bottom line is that as soon as you know that you are going to go with one company rather than another, let the other company know that you are not interested as soon as possible so that they timely make the appropriate steps to minimize the consequences. Hopefully, you will not allow yourself to even get into this type of situation in the first place.

I lost my job, how do I stay in status?

There is a belief that there is a grace period for someone who loses their job. The fact is that this belief is incorrect. The regulations do state that someone who is in the United States pursuant to a nonimmigrant work visa has ten days to wrap up their affairs and depart the U.S. once the employment relationship comes to an end. If the person is not planning to depart the U.S. there is no grace period. The only way to maintain legal status is to file a new petition under a new employer as soon as the person departs the job, and preferably, before the person leaves the first job.

Once I have my work visa, do I get a Social Security number?

Absolutely! As a matter of fact, until you obtain your social security number, your employer will not be able to take out all appropriate deductions form your wages. Once the change of status approval is received from the U.S. CIS, the foreign professional must go to the nearest Social Security Administration office to apply for the SSN. The professional must take the original approval notice and passport. It normally takes 4-6 weeks to receive the social security card and number.

Do my dependents also get social security numbers?

No. It used to be that even tourists could obtain social security cards that bore the notation "valid for employment only with U.S. CIS authorization". That is no longer the case - only the foreign worker will be able to obtain the social security card and number. This change in policy took place several years ago due concerns about false documents and the reasoning that if one cannot work, a social security number is not really required. Nonetheless, foreign students and exchange professionals can still obtain the social security card with the notation mentioned above.

Why do labor certifications take so long to process?

Over the past few years the demand for permanent residency has continued to increase while funding for the Department of Labor has continued to decrease. This means fewer DOL workers processing an increasing number of petitions (the processing delays are particularly bad in New York, New Jersey and California).

What happens if I change employers after my labor certification process has been started?

The labor certification process is specific to a given employer and the particular geographic area where the employer stated the foreign professional would be working. Therefore, if the foreign professional changes employers, he/she must begin the process all over again. There is one silver lining: if the labor certification has been approved, the foreign professional may retain the priority date even as he/she begins the process with another employer. Many people wonder why the process cannot be transferred. The answer to this question lies in the reality that the reason why foreign workers are able to obtain permanent residency is not necessarily because the U.S. wants foreign workers and their families to immigrate to the United States. Rather, it is because the U.S. wants its companies to have the personnel they need to compete in the global economy. It seems like a small distinction but it is not. This means that if we had to assess an ownership term to the immigration process, it is the company that owns the process and not the foreign professional, regardless of who pays for it. Simply put, without the company, there is no immigration process. Therefore, if a foreign professional transfers to another company, the process that was started by the initial company does not "travel" with the professional.

What happens if my employer needs to transfer me to another location while my permanent residency is being processed?

Since the process is also geographically specific, a move to another location may affect the process as well. Remember that even with the H-1B, which is only a temporary working visa, the Department of Labor gets involved in the process to protect the job market for American workers. The labor certification process is really designed to protect the job market for American workers but with more safeguards because here we are dealing with a permanent addition to the U.S. job market. Consequently, the labor certification process is a test of the job market in the particular location where the foreign worker will permanently work. As a result, a major change in job locations may invalidate the entire process notwithstanding that it is still the same employer. Why? The job market test for the first location may not be appropriate for the second location. For example, it may not be as difficult to find a qualified American engineer in Berkeley, CA as it would be to find one in a small town in Wyoming. Whether the process needs to be started again depends on the initial job location, the new desired location, how far the process has progressed and the possibility to eventually transfer the worker back to the initial location. The answer can only be found after a careful analysis of all these factors.

Family Cases

The category known as Family Based 2B allows an LPR parent to petition for an unmarried adult (over 21) unmarried child. If the child marries while waiting for a visa number to become available (long backlog in quota), the petition is automatically void, and the child loses any priority date which was established. If the petitioning mother becomes an American Citizen, she could then file a petition for the adult married child and the child"s spouse and minor children would also obtain LPR. However, this category, FB-3, is also subject to a long quota backlog (although shorter than FB-2B)..

I am a "Conditional Permanent Resident" married to a United States citizen for about three years. Our marriage was real and entered into in good faith, but we are now getting divorced. I have to file form 1-751 with my ex-wife in a couple of months to remove the conditional status from my green card. I have a very respectable job here. What should I do to save my green card and avoid possible deportation?

The immigration laws of the United States require that you and your spouse file a joint petition to remove the conditions from your LPR during the 90 day period preceding the expiration of same. The law also recognizes that not all marriages will last. So, there is a "waiver" of the requirement that you file a joint petition available to you also. The decision you have to make is whether you will file a joint petition with your spouse, or file a waiver. The form used is the same (1-751). The proof you need to supply the U.S. CIS is the same, that is, that your marriage was bona fide when entered into. The only difference is that when you appear for your interview on the waiver, your divorce must be final by then. Depending on how long the final divorce will take, it may be in your best interests to file a joint 1-751 so that you do not fall out of status, and then later file a waiver, if necessary. The U.S. CIS will automatically issue you a receipt when they receive your 1-751. The receipt will state that your residency is extended and that your continued employment and travel are authorized.

My nephew was denied a visitor visa although I sent proof that I had purchased return tickets and intended to provide financial support. Is it going to be difficult to obtain a student visa as well?

Yes, it is likely that the student visa would also be refused. However, that application should still be made. I am assuming that the visitor visa application was denied because the consular officer that reviewed the case did not believe that the true intent of the applicant was in fact to "visit" the USA. There is no appeal from that decision. The consular officers have unbridled discretion in such matters. Every applicant for a visitor visa or a student visa has the burden of proving that their intended stay in the United States is "temporary", or for as long as it takes to accomplish the purpose of the trip. The applicant in your question did all the right things by showing a return plane ticket, a sponsor in the USA (so the applicant would not have to work while visiting), etc. But the law presumes that every such applicant, for a student visa or visitor visa, is deemed to be entering as an immigrant (permanently), and must prove otherwise. Apparently the consular officer was not satisfied that the presumption was overcome. In the student visa application, the applicant should include the required documents such as the 1-20 and the affidavit of support. In addition, it might be helpful for the applicant to prepare a detailed statement as to why he or she seeks the education in the USA. That is, is the education being sought to better qualify for work abroad? Is the believe that it might help to fully explain the reasons for wanting to study in the USA, and to tie in these reasons with a true, believable reason for returning home after the studies are completed. This might help, and as long as the visa applicant tells the truth in the application and the statement, then most likely no harm can come from it.

My wife and I are Indian, and I am currently in the fourth year of a H-1B work visa. My wife is on an H4. My daughter was born in the US three years ago. Can we apply for permanent United States residency based on the fact that my daughter is an American citizen?

Unfortunately, no. In order for your United States citizen child to petition for your permanent residency, she must be 21 years of age. I would suggest that you immediately look into the possibility of having your current employer file an application for permanent labor certification on your behalf. I say "immediately" because the labor certification process, together with the visa petition and the adjustment of status process can take well over two years. Since there is a cap 6 years permitted on your H-1B visa, time is quickly moving for you to establish eligibility to live in the USA on a permanent basis before your H-1B visa runs out.

We want to now obtain Legal permanent residence for an adopted child. What are the rules regarding adoption of foreign children?

There are several complicated issues concerning petitioning for adopted foreign born children. First. the adoption must occur before the children attain the age of 16. You must have had "legal custody" of the children have resided with the children for at least 2 years before or after a petition for immigration can be filed. This residency can occur before or after the adoption becomes final, but the "custody" must be legal, that is, in some form of official governmental decree. If you are adopting a relatives child, the Immigration and Naturalization Service may look into the "bona fides" of the adoption much more closely. If the children continue to live with their natural parent(s) after the adoption, then the U.S. CIS may not recognize the adoption as genuine. You should also be aware that the children, once adopted by you and given their lawful status in the USA, will not be able to petition for their natural parent(s), nor for their siblings, under most circumstances.

I am a Naturalized US Citizen and I plan to file an 1-130 petition for my mother and to either apply for her Greencard while she is in the US, or through the US Consulate in Deli since she may decide to go there to wait for the visa. My question is, if I want to add my four brothers to this same petition so they can get Greencard status at the same time, how do I do this?

You cannot add your brothers to the petition that you file for your mother. The category for your mother is the "immediate relative" category, and for this category, a immigrant visa is immediately available. Unfortunately, there are no provisions for derivative beneficiaries of immediate relatives. Thus, you will need to file separate petitions for your brothers and sisters, and a even a separate petition for your father. For your brothers, there will be a visa availability backlog which may mean that they will need to wait a number of years before they can become US Legal Permanent Residents.

I am a US Citizen and my Indian fiance and I are going to get married in the US in about a month. He came in the US as a visitor two years ago, and has been working without legal authority. I am wondering if we are okay?

The filing of a I-130 visa petition for your "immediate relative" husband will qualify him to concurrently apply for Legal Permanent Residence, and unless there are special circumstances, his overstaying his visa and working without authority will be forgiven by the U.S. CIS. It should be noted, however, that if your fiancé were to leave the US before he becomes a Legal Permanent Resident of the US, he would be prohibited from returning to the US for at least 10 years, even if you are married and even if you have children.

I am a green card holder here in the United States and will be filing for citizenship this month. How can I include my parents so that they will be eligible to receive green cards or work visas allowing them to move here as well?

Unfortunately, you cannot "include" your parents into your application, however. In order to petition for them. You will first need to take the oath of citizenship and received your Naturalization Certification. Once you are a US Citizen, you can file for them. Petitioning for your parents will require the filing of two separate visa petitions, one for your mother, and one for your father. If your parents are not physically present in the USA at the time of filing, then the petition and all supporting documentation is properly filed with the U.S. CIS service center having jurisdiction over where you live. However, if they are in the USA when you become eligible to file for them, then they may be eligible to become legal permanent residents without leaving the US. Citizenship

How do I become a US citizen?

If a person obtains permanent residency through employment, he/she is eligible to apply for citizenship five years after becoming a permanent resident. The applicant may apply up to six months prior to the five- year anniversary. There is a requirement that the applicant prove that he/she has been physically present in the United States for at least two and a half years. Therefore, after becoming a resident, it is important to maintain evidence of time spent in the United States .A person who obtains permanent residency through marriage is eligible for citizenship after only three years as a permanent resident. This application may also be made up to six months in advance of the three year anniversary. Q. Tell me more about the physical presence requirements for filing an application for Naturalization. A. There are two basic requirements in order to qualify for filing for Naturalization. You must first be a Lawful Permanent Resident ("LPR) of the United States for at least five years. The exception is if you have held LPR status for more than three years based on marriage to an American Citizen, and you are still living with your USC spouse). You must demonstrate good moral character. You must have lived in the United States for at least 50% of the time in the US in the last 5 year (or three years as noted above). Please note that the time outside the United States is counted right up until the person appears for his/her Naturalization interview. There is another presence requirement -- no absences from the US can be for more than six months during the five or three year period, with few exceptions. An absence six months or longer could start a recount of a new five year/three year period. If you are filing a Application for Naturalization based on your holding LPR status for five years or longer, you may file your application three months prior to the 60 month anniversary of holding LPR status.

I am a green card holder here in the United States and will be filing for citizenship this month. How can I incorporate my parents so that they will be eligible to receive green cards or work visas allowing them to move here as well?

Unfortunately, you cannot "incorporate" your parents into your application, however. In order to petition for them. You will first need to take the oath of citizenship and received your Naturalization Certification. Once you are a US Citizen, you can file for them. Petitioning for your parents will require the filing of two separate visa petitions, one for your mother, and one for your father. If your parents are not physically present in the USA at the time of filing, then the petition and all supporting documentation is properly filed with the U.S. CIS service center having jurisdiction over where you live. However, if they are in the USA when you become eligible to file for them, then they may be eligible to become legal permanent residents without leaving the US.

I married an American citizen in June of 1999 and obtained a one-year green card shortly thereafter. It has been renewed once since then. I was informed by the U.S. CIS that I would receive my permanent green card within 24 months of submitting my request. However, during that time, my spouse and I have began to discuss divorce. Since my spouse is my sponsor, will I be denied a permanent green card if my spouse and I separate or divorce?

It sounds like you were granted "Conditional Permanent Residency" (CPR) when you were given the "one year green card", as you call it. There really is no such thing as a "one year green card" What you probably received was proof of CPR stamped in your passport with a validity period of one year. It is the stamp that expires after one year and not the CPR. You were given an extension of that stamp for an additional year while the Immigration Service prints your Alien Resident Card (ARC). Of course, I have not seen your passport, so I am making assumptions in answering this question. I have no idea why your ARC is taking two years to produce. The usual waiting period for the ARC after adjustment of status is granted is approximately three to six months. If you obtained CPR based on marriage to an American citizen, your CPR expires two years after it was granted. If you are still with your husband, then the two of you should file an 1-751, Joint Petition to Remove Conditions From Permanent Residence. But if you are separating and divorce is likely, then you can file the 1-751 on your own by requesting a waiver and proving that the marriage was bona fide.

If a person comes to the United States on a work visa what would enable him to get his green card in as fast a manner as possible? In addition, what would that time period be and which states are processing cases faster than others?

Entering the USA on an L-1 a visa means that the person has been an executive or manager outside the USA for at least one out the previous three years. The person is being transferred to a branch or an affiliated company in the USA. This person is eligible for permanent residency rather quickly through the category known as EB-1. EB-1 aliens do not require a permanent labor certification, since there is an automatic waiver of that requirement. Persons here in H-1 b status, however, with a few exceptions, do require an individual labor certification. That process is what takes a long time. With respect to which states are processing cases faster, the answer is that it really depends what type of case you are filing, where you live, and the Immigration Service allocation of staffing during the various steps along the way. So, generally speaking, if it at all feasible, take the L-1a visa which is clearly the quicker route to permanent residency. Of course, each case is different and I urge you to retain the services of a professional immigration lawyer before you do anything.

My mother petitioned for a green card for my brother eight years ago. My brother was single at the time, but since then he has married and now has two children. His case is now current and he is due for an interview. How will his marital status affect his chances of obtaining a green card?

If your mother was a permanent resident when she filed for your brother, and she did not naturalize before your brother got married, then the petition filed by your mother on his behalf is void by operation of law. This result sounds harsh. But the above statement is true. People often do not realize that the petition is void, and then file for adjustment of status. At the interview, they are in for a rude awakening! So be careful, and tell your brother to see an immigration attorney before the interview. Perhaps your brother has another way to adjust status. Naturalization by itself is a serious commitment. The affect that it has on pending visa petitions can be devastating as shown above. Another example is where a resident alien files a petition for his or her spouse. The alien beneficiary's children are automatically eligible for permanent resident status through that petition as long as they immigrate prior to attaining the age of 21. BUT, if the petitioner naturalizes before the children immigrate, the children are no longer derivatives of the petition and must be filed for separately! Any person who is being petitioned for and is planning a "life event" such as marriage, divorce or birth of a child should carefully consider the consequences it may have on pending residency. In similar regard, a resident alien who has filed for a relative should consider what effect naturalization will have on the petition. Appropriate legal counsel

I'm currently in the process of sending for my wife who is in Ecuador. I want to know if I will be able to get a tourist visa for her while her case is pending with the U.S. CIS?

When you state that you are "sending" for your wife in Ecuador, I am assuming that you mean you are petitioning for her permanent residency. I am also assuming for now that you are a Lawful Permanent Resident (LPR) of the United States. If you are an LPR, the waiting period for your wife is a considerable period of time. It is impossible to predict how long it will be, except to tell you that for the month of July, 2000, American Embassies are issuing permanent resident visas to spouses of LPR's who filed (petitioned) before March 15, 1996. In order for your wife to qualify for a tourist visa to visit you in the USA while she is waiting to immigrate permanently, she will have to prove to the consular official at the American Embassy that her present intention in coming to the USA is to visit, and not to live or work. This will be difficult to do for several reasons. First, the Immigration Laws of the USA presume that everybody applying for a tourist visa is an intending immigrant. The burden is on the applicant for the tourist visa to prove otherwise. Second, the form (OF-156) your wife must complete when requesting the visitor visa specifically asks whether she has any relatives living in the USA and whether she has ever indicated an intent to live in the USA, among other things. This form must be completed truthfully! Failure to do so will constitute visa fraud, an offense that will affect her eligibilty for LPR. Clearly, the odds are stacked against the grant of a visitor visa in this situation. There is pending legislation in the US Congress which would ease up the ability of the beneficiary of a second preference petition to apply for a visitor visa so that families would not have to be separated so long. Let's hope it gets enacted into law.

I have a job offer letter from a web company that offers internet business solutions. I have a BA in Ballet Instruction, a Non-Degree Diploma from New York University in Business Administration, and a 3 years of professional experience at a web company as a customer service representative. Do I qualify for a HIB Visa?

The answer to your question is "maybe". First let me state that the H -I B visa is "employer specific" which means that the visa can only be used to work for the petitioning employer. The visa may not be used for employment with any other employer. If an H -I B visa holder wishes to work for a different employer, the new employer would need to file an new H-IB petition, and employment may only commence when the petition is approved. The general rule is that in order to qualify for an H-IB visa, the applicant must (I) have a degree from an accredited university in the United States, or its equivalent, and (2) be offered a position requiring, as a minimum, a university degree. The degree attained by the person, and the major required by the employer in the H-IB position, should be sufficiently similar. The CIS does not give much latitude in this area, so be very careful. In the facts presented, you are being offered a job with a web company offering b-solutions. What is the true minimum requirement to perform the job duties? What exactly are the job duties? Those are the first issues that need to be addressed. Secondly, assuming that the job requires some sort of degree in computer science, information "professional experience" working for a web company equate to a major in the field required by the employer?

What are the steps necessary to adjust my status from F -1 to that of a permanent resident based upon the fact that I married a United States citizen?

Let me first state that I receive many very interesting questions each week from people that have very serious immigration problems. Due to space and time constraints, I can only answer one question per week. For those of you that have these serious problems with immigration, please consult with a skilled immigration attorney where you live. You can contact one by consulting the Martindale-Hubbell Law Directory, or by contacting your local or State Bar Association. Be sure that the attorney is familiar with immigration law and that he or she has handled your type of problem before. Now, to this week's question. You are student legally in the USA in F-1 status. You have married an American Citizen. I am assuming this is a real marriage, and not a marriage of convenience entered into only for an immigration benefit. This qualifies you for treatment as an "immediate relative". You are entitled to file for and receive an employment authorization document (EAD), when you file your residency papers with the CIS. Your case should be filed with the local office of the U.S. CIS. All of your forms (1-130, 1-485, 1-765, and others) should be filed together, at the same time. You should also submit proof that you are legally married, evidence of termination of any previous marriages, proof of your spouse's US citizenship, affidavit of support (1-864) with full documentation. There are other documents you will need to submit, depending on your individual case, and also depending on the local U.S. CIS office procedures.

I am a United States citizen. I want to petition for my mother and my brother (who is under 21) to emigrate to the United States. Can they both arrive at the same time?

I am assuming for purposes of this discussion that you are over the age of 21 and that you are an American Citizen. You may petition for your mother to immigrate to the USA as a permanent resident under the category known as "immediate relative". There are no quotas for this category, so a properly prepared and filed case should result in your mother being able to immigrate to the USA with about 1 year, more or less. Unfortunately, (and curiously), the immigration laws of the USA do not allow derivative beneficiaries of "immediate relative" aliens. So while your mother may immigrate on a petition filed by you as her adult son, she may not bring her minor child with her as an immigrant. Strange, but true. You may file a separate petition for your brother under the family based 4th preference category, however, that category is backlogged over 10 years. It will take at least that long for your brother to immigrate under that petition. You may not want to file that petition for your brother if he is considering filing a non-immigrant petition (student visa, visitor visa, etc.) The likelihood of a temporary, non-immigrant visa being issued to him while a permanent petition has been filed on his behalf is slim.

I have been a Lawful Permanent Resident for over 10 years and I am now engaged to a gentleman that is not a Lawful Permanent Resident. However, he has been residing illegally in the United States for almost ten years. Should I apply for citizenship before we get married or should I wait until we are married and include my husband on the application as my spouse?

The Immigration Laws of The United States give highest priority to spouses of American citizens. If you are a citizen and your husband entered the USA in a permitted non-immigrant status, he will likely be eligible for fast issuance of employment authorization, and be able to obtain his Lawful Permanent Residency in about one year, more or less. The length of time that kind of case takes really depends on the processing times at the local U.S. CIS office, and any complications that may arise. On the other hand, spouses of Lawful Permanent Resident aliens seeking to obtain permanent residency are placed in the "second preference" category. That category suffers from oversubscription. The State Department Visa Bulletin for May, 2000 reflects that the second preference category for this month is backlogged to February 1, 1996. No immigration benefits can be conferred on your husband while you remain a permanent resident and while his priority date (filing date) has not been reached. So the benefits of your obtaining citizenship are evident.

I am a newly naturalized United States citizen. I would like fill out an immigration petition for my parents. Is it possible to submit form I-130 and form I-485 together since both of them are living with us in the United States?

Yes, if your parents are in the United States, you may petition for them, provided that they entered the USA after having been inspected by an immigration officer. That is true even if they might have overstayed their allowed time in the USA since the category you will be petitioning under is the "immediate relative" category. There is no present requirement that they be maintaining valid non-immigrant status, only that they show proof of inspection and be otherwise qualified. There can be no "derivatives" in this category, however. This means if they have children under 21 years of age, these children cannot immigrate with them at this time. Perhaps a suitable non-immigrant visa category can be found for these children, such as the F -1 student visa category. You, as the petitioning child over 21 years of age, will need to show sufficient income to support your parents when they file the adjustment applications. Some required documentation for this issue is your last 3 years income taxes with attachments, current job and bank letters, etc.

I have been married to a United States citizen for four months as a non-immigrant worker (HIB). I have now stopped working. I was told that traveling back to my home country and applying for an immigrant visa at my country's United States Embassy is faster than doing it here. Can you describe the general process of acquiring a Green Card this way? Is there a way to procure a list of the documentation required to process a Green Card application in this manner? How long do I have to be available to the consulate?

While it is possible to depart the USA and apply for your permanent residency (LPR) in your home countries US Embassy post, it might not be the fastest, nor the surest way to proceed. First, I am concerned that you have stopped working on your H-IB visa and now appear to be out of status. That surely will not be looked upon favorably by the consulate when you apply for your LPR there. If you are out of status for more than 180 days when you depart the USA, you will be barred for a period of 3 years from returning to the USA. If you are out of status for more than 365 days when you depart the USA, you will be barred for a period of 10 years from returning. Clearly, because of the possibility that you will be subject to the bar(s), you should seek competent legal advice before departing. Second, the decision of the consular official is, for all practical purposes, final. Ask yourself if you want to submit your case to an authority outside the USA whose decision is final, or, do you want to apply in the USA and have appellate remedies available to you should something happen to cause a denial or delay? I think the answer is obvious. Third, you will be continously authorized for employment in the USA are outside the USA and an unexpected problem arises in your case, you will remain outside the USA until the problem is resolved. It appears clear to me that adjustment of status in the USA is more preferable than consular processing abroad. However, before making this decision, I urge you to seek competent immigration counsel for a complete review of your case. The information contained herein should not be construed as legal advice.

I want my brother to come to the United States and pursue a masters degree in the computer sciences. I am willing to support him financially until he is done with his degree. I have already gotten an I- 20 for intensive studies in English for him. What else can I do to ensure that the United States embassy in Morocco grants him an F-l visa? I am a United States citizen.

There is nothing that you can do to guarantee that your brother will be issued the visa. However, there are certain steps that you can take to give him the best chance that he will be issued a student visa. You must first realize that the immigration law of the USA presumes that everyone applying for a temporary visa (with exceptions for Hand L visas) is coming to the US to live permanently! That is a presumption pre-existing in the law which is rebuttable. Once you realize this hurdle exists, then you can prepare to help your brother try to overcome it. Hopefully you or another family member have not filed a permanent resident visa petition for your brother. If he has a petiton filed on his behalf, that is the clearest form of immigrant intent and could very well be the basis for denial alone. Questions regarding pending permanent resident petitions appear on Form DS-156, Application For Non- immigrant Visa. The OF-156 must be carefully and accurately completed and presented to the embassy together with the 1-20 and an affidavit of support. Your brother must also be able to present documentary evidence that he will be returning home when his studies are completed in the USA. This might consist of home ownership, other relatives who will continue to reside at home, business interests, or any other factors which might exist to show that his intent to travel to the USA isHaving put all these factors into place, the consular official adjudicating your brother's case has the final say on the student visa application.

I am from England and I live in England. I wish to marry a girl from Texas and have already proposed. The answer is yes, but I am just wondering how I go about it? I mean I cannot just come to the United States for a holiday and end up marrying this I girl and staying. What do I need to do to be able to come over, marry, stay and work in the United States?

I will assume for the purposes of this discussion that your marriage is "bona fide" (real), and not being entered into solely to help you secure your permanent residency in the USA. If it IS a marriage of convenience, do not do it! There are severe penalties for you and your wife if you are caught, including you being permanently barred from having an immigrant visa petition approved on your behalf in the future. You are correct in stating that you should not enter the USA as a visitor with the intention of marrying your girlfriend and staying permanently. That would amount to visa fraud (entering as a visitor or on a visa waiver with the concealed intent to stay). However, if you enter with true temporary intent, and then once you are here, events occur that cause you to change your mind and file for adjustment to permanent residency, that should work out for you. But speak to a lawyer, in person, first. You will need to consult the laws of the State of Texas with respect to how long you need to be there before you are eligible to get married. Alternatively, perhaps you and your girlfriend want to get married in England. Do not however enter the USA with the intent to stay while using a visitor visa or visa waiver as discussed above. After your marriage, your spouse will file a petition on your behalf. If you are in England when she files it, then the approved petition will be

We are a married couple from Colombia. We were living in India and do not want to go back. We are both physicians and are interested in taking the USMLE (United States Medical Licensing Exam) here in the United States and eventually obtaining employment and permanent residency. What is the best way for us to obtain permanent residency? We are now staying with American physician friends in Orlando, Florida. We have a 6 month tourist visa. At the very least, how can we prolong our stay? Also, we have been offered positions in the medical field, not as physicians, but as Physician's Assistants and other medically related jobs. How difficult is it to get a work visa? What is our best course of action?

You raise several interesting and important issues in immigration law. You should have your foreign medical diplomas evaluated by a professional credentials evaluator. Your degrees are likely to be deemed equivalent to a degree from a USA university, or very close. Assuming this to be true, and you have a job offer as a P A (physician's assistant), then you should qualify for an H-IB visa. That would allow you to work in the USA for a period of 3 years, extended for 3 more authority for P A's to see what licensure or permits you will need. Second, with respect to permanent residency, you will probably need a labor certification filed on your behalf. You might qualify for an exemption to the full labor certification process under special rules for physicians who practice in underrepresented areas of the country. These special rules apply to licensed physicians, and are quite complex-much too complex to explain in an article of this nature.

How can an alien become a United States citizen?

A. I am going to assume for the purpose of this question that you are already a Lawful Permanent Resident of the United States ("LPR"). The very first requirement for becoming an American Citizen is that you are an LPR. The general rule is that LPR"s can file a Petition for Naturalization, also commonly referred to as an application for US citizenship, after five years of holding LPR. The exception to this rule is for persons that obtained LPR through marriage to an American citizen. Assuming that the parties are still married and residing together, then that LPR may file for Naturalization three years after becoming an LPR. Note that the three year period begins with the grant of conditional LPR. LPR"s must also prove that they are persons of "good moral character" as that term is defined in the Immigration Act. Here, the general rule is that good moral character must be established for the five year period preceding application for naturalization, up to and including the date of swearing in. The U.S. CIS can, however, look at the applicant's total character background (i.e. beyond the five year period), to determine good moral character, depending on the circumstances. The LPR must also establish physical presence in the USA for at least 30 out of the last 60 months preceding the filing of an application for US citizenship. This issue frequently arises for persons who travel a lot, or who maintain businesses and/or residences outside the USA. It is important that you consult personally with a competent immigration attorney before filing your application for US citizenship. He or she may uncover problems in your application, and might even

Can a female paralegal/secretary be sponsored for employment through some type of visa by the attorney's office within which she works? Or are paralegals and secretaries not recognized as shortage positions in the United States? Please Help! I was married to a United States citizen (B4). However, I did not have any success in filing for a green card.

Your question actually involves many issues, and cannot be answered with a yes or no. I will attempt to address each issue, but you should consult an immigration attorney for more in-depth information. "Secretary" is not a recognized shortage position in the Immigration Act like registered nurses and physical therapists. RN"s and RPT"s get special treatment because they are pre-determined to be shortage occupations. BUT, even though the law does not recognize secretaries as a shortage occupation, take a look at your Sunday newspaper classified section under the secretarial or office help listing. You will no doubt see many openings for secretaries. What this means is that if you can prove that there are not willing, able or qualified workers in your area to fill the position being offered to you, THEN you can get the U.S. CIS to recognize your job offer for purposes of applying for your green card. That process is called "labor certification". The process is difficult, but the chance of success is very possible when handled by a competent immigration attorney. I would need more details about your previous attempt to get your permanent residence through your ex-husband, an American citizen. Was the petition abandoned, denied, withdrawn, or is it still pending? Was the petition for your residency through your husband filed before or after January 14, 1998? If yes, then you are probably grandfathered under Section 245i of the Immigration Act. If not, then you may be required to depart the US when your labor certification is approved to finalize visa processing at the US embassy in your home country. Such departure, if you are unlawfully present in the US may result in your being barred from re-entry for 3 or 10 years! These are issued that must be discussed in person. If I have alarmed you, I am sorry for that. However, the immigration laws of the US have gotten so complicated and harsh, that it appears that the Congress of the US (1) did not know how harsh these new laws were when they passed them, or (2) wants no one to understand them, or (3) wants no immigrants to be able to legalize their status here. Please be sure to meet with a qualified immigration attorney where you live.

I am a United States citizen and wish to sponsor my fiance here in the United States. He is a citizen of the Commonwealth of Dominica, West Indies and currently has a visitor visa. I would appreciate any information or direction you could supply on this subject. For example, a web site that would enable me to research what the proper procedure would be for successfully accomplishing this sponsorship.

If you and your fiance are planning to get married while he is here in the US on his tourist visa, (whether expired or not), you can file for his permanent residency after the marriage. After you are married, you will need to file a form 1-130 on his behalf, together with an affidavit of support form 1-864. He will need to complete and file an 1-485, application for adjustment of status to permanent resident, together with all accompanying supporting documentation. He also may file an application for employment authorization concurrently with all of the other forms, so he can have a work permit while waiting for his permanent residency to be processed. After the residency application is filed, he may not travel outside the US without first obtaining an advance parole document, which will serve as a re-entry document to the US to allow him to pursue his permanent residency. You and he will need to submit your birth certificates, marriage license, proof of termination of prior marriages, if any, and other documentation to the U.S. CIS. You will also need to submit your most recently file a federal income tax return, job letter and bank statement, if appropriate.

I am a Indian and a Canadian citizen. I would like to know if I am able to come and work in the United States under NAFTA. I have a permanent job offer in software quality assurance. I also have my masters degree in management engineering including networking and quality control courses.

NAFTA's stated purpose is to encourage free trade between Canada, Mexico and the US. There are immigration provisions of NAFT A which expedite entry of certain professionals into the US. The rules for Mexican professionals and Canadian professionals are vastly different. For Canadians, the NAFT A allows a Canadian professional to enter the US "temporarily" to work in a temporary position. The position may not be permanent and the applicant must demonstrate an unrelinquished domicile abroad. The job must be in one of the fields enumerated on the schedule attached to the NAFTA rule. The employer should furnish the applicant with a specific job offer, describing the job title, duties, salary, working conditions, and education requirements for the position. The letter is presented at the port of entry together with proof of the aliens qualifications, and a TIN visa is issued for a 1 year period. The aliens minor children and spouse may accompany him with a T /D visa, or "trade dependent", upon a showing of the legal relationship. before attempting the application. It is recommended that you retain an immigration lawyer to assist you.

The immigration laws allow for a United States citizen or lawful permanent resident to petition their "unmarried" sons and daughters for admission into the United States. Does a "divorced" son or daughter fit the definition of "unmarried"?

Of course, a divorced person is unmarried! But when it comes to US immigration laws, common definitions sometimes have different meanings. For example, in order to qualify in the family based 1st preference category (FB-l), which has a shorter time to wait for permanent residency than the FB-3 category, a person whose mother or father who is an American citizen must be unmarried. This means never married, divorced or widowed. It does NOT mean divorced for the immigration convenience of being divorced to fit into the faster preference category. This issue is rarely raised. Usually, people ask about convenience marriages for the purpose of obtaining immigration benefits (highly illegal and resulting in removal from the US) But the issue of the bona fides of a divorce should not be overlooked either. When you realize that the difference in the waiting periods between the 1st and 3rd preference category being over 2 years, the temptation to divorce one's spouse for "convenience" becomes obvious. It will be equally obvious to the Immigration service when you marry the spouse to petition for her or him after you have become an American citizen!! Please do not think that the U.S. CIS thinks all divorces and marriages are a sham. Many are, however, and remember that the burden of proving the case relies on the person seeking the benefit from the U.S. CIS. me to one response. If you wish, you can E me at the address below. The information contained herein is not intended to be specific legal advice for anyone.

Crimes

The issue is immigration law and crimes. Many writers have expressed outrage, shock, and other severe emotional response to their relative(s) now being told to leave the USA after having been a green card holder (LPR) for many years because a crime, sometimes relatively minor, which had occurred many years before, has somehow become known to the U.S. CIS (frequently through the innocent filing of a petition for US citizenship) How can that be, writers ask. The answer is the immigration law that the Congress enacted in 1996 was the most sweeping, harshest immigration law ever, as it took away rights from long standing LPR"s to apply for a waiver of inadmissibility in most cases. It has been only relatively recently that the U.S. CIS has been enforcing mandatory custody provisions. This has coincided with an increase in US citizenship applications, which reveals all criminal arrests through an FBI clearance obtained by the U.S. CIS. Bottom line here is to be very careful in assuming that an arrest that you or your loved one had years ago, that was thought to be minor, could actually be a "removable" offense. Be sure to bring a certified copy of the arrest report and disposition of the case to a fully qualified immigration lawyer for an opinion as to what effect the arrest has, or will have, on immigration status before making any applications or petitions for immigration benefits with the U.S. CIS!

Disclaimer: This information is not intended to constitute specific legal advice, but merely conveys general information with some examples of facts and legal issues commonly encountered in Immigration matters. This information is being provided to you courtesy of GIPC.