Frequently Asked Questions About Immigration

Please note that all information provided on this site is of a basic, general nature. This information is not legal advice and should not be used in the place of competent legal advice from an attorney or authorized representative. Immigration laws and regulations change frequently, so we cannot guarantee or promise that this information is always up to date and correct.

CWS national staff cannot answer questions regarding specific cases. For more detailed information specific to your needs, please contact an immigration attorney or a Board of Immigration Appeals (BIA) accredited representative. Some CWS affiliates provide immigration legal services. The American Immigration Lawyers Association also provides an attorney referral service. Also, www.lawhelp.org has links to non-profit immigration service providers in many states. For a list of BIA recognized agencies and accredited representatives, please consult the Executive Office for Immigration Review (EOIR) website at www.usdoj.gov/eoir/statspub/raroster.htm. To locate a free or low-cost legal service provider who represents immigrants in removal proceedings, please consult the EOIR website at www.usdoj.gov/eoir/probono/states.htm.

General Questions
What happened to the INS? Who handles immigration services now?
Where can I get immigration forms?
I filed an application with USCIS (or INS). How do I find out what is happening with it?
I have no immigration papers. If ICE (formerly INS) finds me, can they deport me right away?
What is the difference between an immigrant and nonimmigrant visa?

Asylum
What is the difference between an asylee and a refugee?
What is asylum?
How does someone get asylum?
What happens if USCIS doesn’t grant me asylum?
My asylum application was sent to Immigration Court. What happens now?
What benefits are available to asylees and refugees?

Citizenship
How does one become a citizen of the United States?
What do I need to do to apply for naturalization?
What application do I fill out for naturalization?

Lawful Permanent Residence (“Green Card”)
What is a green card?
How do I get a green card?
What is “adjustment of status”?
What is the difference between “change of status” and “ adjustment of status”?
I lost my green card. How do I get a replacement?
What is the green card or diversity visa lottery?
Which countries are included in the lottery?
Who can apply for the diversity visa lottery?
How and when can I enter the diversity visa lottery?
What is registry?

Religious Workers
What is a religious worker visa?
Who is eligible for a religious worker visa?
How does one apply for a religious worker visa?
Can a religious worker get permanent residence (a green card)?

Temporary Protected Status (“TPS”)
What is TPS?
How does one get TPS?

Travel
What documents does a refugee or asylee need to travel outside the US?
How do I help someone get a visitor’s visa?

General Questions

What happened to the INS? Who handles immigration services now?

As of March 1, 2003, the Immigration and Naturalization Service (INS) has been split into three separate agencies. The United States Citizenship and Immigration Services (USCIS) handles immigration service functions: immigrants apply to the USCIS for things like permanent residence (“green cards”), asylum, and naturalization. Immigration and Customs Enforcement (ICE) enforces immigration laws within the United States, such as seeking to deport undocumented people within the U.S. Customs and Border Protection (CBP) enforces immigration laws at the U.S. borders, such as at airports.

Where can I get immigration forms?

Most immigration forms are available free on the website of the USCIS (U.S. Citizenship and Immigration Services), at www.uscis.gov (click on “Immigration Forms”). This website also provides the current fees for each application. For a list of fee wavier eligible applications, please consult: www.uscis.gov/files/pressrelease/FeeWaiver072007.pdf

I filed an application with USCIS (or INS). How do I find out what is happening with it?

It is now possible to check what is happening with some immigration cases online. If you filed an application at a USCIS (or INS) Service Center, and you received a receipt showing that the application was received, you can go to https://egov.uscis.gov/cris/jsps/index.jsp to check on the status of your case. You will need your application receipt number, which always has three letters and ten numbers, and which is printed on your application receipt form. You can also contact the CIS customer service hotline at 1-800-375-5283.

I have no immigration papers. If ICE (formerly INS) finds me, can they deport me right away?

Generally speaking, if you have never been caught by ICE or INS before, they cannot deport you right away. Currently, although this could change in the future, ICE can start a case in Immigration Court against anyone they catch in the U.S. without valid immigration papers, if this person has never had a case against her or him before in Immigration Court. This kind of case is called “removal proceedings” because ICE is saying that they have the right to “remove” (deport) this person from the U.S. The person in removal proceedings will have a hearing in Immigration Court in front of an Immigration Judge. At the hearing, the person will have a chance to try to prove that s/he should not be deported; s/he can also apply for an immigration benefit that would allow her to stay in the U.S. These benefits vary greatly according to individual eligibility. Under most circumstances, ICE cannot just put a person it finds on a plane to her/his home country without the person having a hearing in front of an Immigration Judge first, unless they have already received a deportation order or been deported in the past.

What is the difference between an immigrant and nonimmigrant visa?

An immigrant visa allows the visa holder to work and live permanently in the United States as a lawful permanent resident (often known as a “green card” holder). A nonimmigrant visa allows the visa holder to stay in the U.S. for a limited period of time, and for a limited purpose. For example: for study, medical treatment, tourism, or business.

Asylum

What is the difference between an asylee and a refugee?

Asylees and refugees must meet the same legal definition of a refugee: that they have been persecuted in the past and/or have a “well-founded” fear of persecution in the future because of their race, religion, nationality, political opinion, or membership in a particular social group, by their government or by persons the government cannot or does not wish to control. The difference between refugees and asylees is where the determination that a person fits this definition is made. Refugee status is granted to people who are outside the United States, while asylum status is granted to people who enter the United States on their own and then apply for asylum from within the U.S.

What is asylum?

Like refugees, asylees flee persecution in their home countries and seek the protection of the U.S. because their own countries are persecuting them, or are unwilling or unable to protect them from persecution. Asylum seekers apply for asylum from within the U.S. Asylum seekers must show that they meet the definition of a refugee. A person granted asylum has the right to live and work indefinitely in the United States, and to apply for lawful permanent residence after one year as an asylee.

How does someone get asylum?

Apply for asylum by filing an I-589 application with the United States Citizenship and Immigration Services (USCIS). Except in exceptional circumstances, asylum applicants must file their applications for asylum within their first year of arrival in the United States. Asylum applicants who complete an application for asylum and submit it to USCIS will be granted an asylum interview with an Asylum Officer who will evaluate her or his claim.

The following CWS affiliates handle asylum cases: CRIS (Columbus, Ohio), SOAR (Portland, Oregon), Miami, and RIM (Boston MA).

What happens if USCIS doesn’t grant me asylum?

After your asylum interview, there are two things USCIS can do. The first is to grant your application for asylum. The second is not to grant you asylum, but to decide that you do not qualify for asylum for one of many reasons. For example, CIS can reject the application because it was not filed within one year after you arrived in the U.S. unless there are exceptional or changed circumstances to justify not filing within one year. If your application for asylum is not granted and you are not in a valid immigration status at the time of your interview, USCIS will most likely send your case to the Immigration Court. This action is called “referring” the case for a hearing in front of an Immigration Judge. If you are in a valid immigration status at the time of your asylum interview (such as a valid student status or Temporary Protected Status), USCIS will send you a “Notice of Intent to Deny” explaining that they intend to deny your case. You may then try to explain to them why they should not deny your case. If they do deny your case, nothing further will happen until your valid immigration status ends. When that happens, USCIS can send your case to Immigration Court.

My asylum application was sent to Immigration Court. What happens now?

If USCIS does not grant your asylum application, they will most likely send your case to Immigration Court for a judge to make a decision in your case. In this situation, ICE (the branch of the former INS that is responsible for enforcing the immigration laws) will start what is called “removal proceedings” against you. This means that ICE is saying that you do not have the right to be in the U.S., and that they want to deport you. You will have the right to apply for asylum again in front of the Immigration Judge. You may also apply for other relief from deportation or immigration benefits if you are eligible based on your individual circumstances. You will have a hearing in front of the Immigration Judge, at which you will have the right to explain your whole case again for the judge. It is strongly advisable that you consult with an experienced immigration attorney or fully accredited BIA representative at a reputable agency if you are put into removal proceedings in this way.

What benefits are available to asylees and refugees?

Through matching grants, affiliates help asylees with employment services and four months of maintenance assistance and cash allowance. Enrolled asylees can also get language training, health and medical services, counseling, and daycare. To qualify for these services through matching grants, asylees must enroll in the matching grant program within 31 days of being granted asylum. Certain states may have additional benefits to assist refugees or asylees.

Refugees and asylees are eligible to work in the United States as a result of their status. They may also apply for a refugee travel document that will allow them to travel outside the U.S., although they should not return to their home country.

Family-related Questions

Can a refugee or asylee bring family members to the US?

Yes. Refugees and asylees may bring their spouses and unmarried children into the U.S. to join them. Spouses and unmarried children under 21 will also get refugee or asylee status (depending on the status of the family member who brought them here). Applications for spouses and unmarried children under 21 must be made within two years of the grant of asylum status (for asylees) or of entry into the U.S. (for refugees), unless very special circumstances exist. Refugees and asylees are also eligible to apply for lawful permanent residence after a year in the U.S.; those who become lawful permanent residents will be eligible to bring in family members as explained below.

Who can petition for a family member to come to the US?

US citizens and lawful permanent residents may petition for certain family members to become lawful permanent residents. Asylees and refugees may petition for their spouses and unmarried children under 21 to join them in the U.S. as asylees or refugees (such petitions must be filed within 2 years of being granted asylum (for asylees) or entering the U.S. (for refugees)).

For which family members may a US citizen petition?

U.S. citizens may petition for their “immediate relatives,” which include spouses, unmarried minor (under 21 years old) children, and parents. For these family members there is no wait to get lawful permanent residence. As soon as the petition for the family member is approved by USCIS, the immigrant family member can apply for lawful permanent residence.

U.S. citizens may also petition for unmarried adult (21 and older) children, married sons and daughters, and brothers and sisters. These family members must wait to be able to apply for lawful permanent residence. Only a certain number of these family members every year will be given lawful permanent residence. Everyone else joins a waiting list.

For which family members may a lawful permanent resident petition?

Lawful permanent residents may petition for their spouses and unmarried children (of any age). These family members are not “immediate relatives” and must wait to be able to apply for lawful permanent residence. Only a certain number of these family members every year will be given lawful permanent residence. Everyone else joins a waiting list.

What are the two different kinds of family petitions?

Immediate relative petitions (for spouses, parents, and unmarried children under 21 of U.S. citizens) and preference petitions (for everyone else).

What is an immediate relative petition?

“Immediate relatives” are the spouses, parents, and unmarried children under 21 years of age of U.S. citizens. An immigrant for whom a family member files an immediate relative petition will be given a visa number (if s/he is outside the U.S.) or allowed to apply to adjust her status to permanent resident (if s/he is already inside the U.S.) as soon as the petition is approved – immediately. This means that the person who benefits from this petition does not have to wait for a visa number to become available at a later date. Married children, unmarried adult children (21 and over), and brothers and sisters of U.S. citizens will be in the “preference” categories and will have to wait in line for a visa number.

What is a preference petition?

A preference petition is filed by a U.S. citizen for an adult unmarried son or daughter (21 or older) or for a married son or daughter (regardless of age) or by a lawful permanent resident for a spouse, unmarried child (under 21), unmarried son or daughter (21 or over), or by an employer on behalf of an employee. Unlike immediate relative petitions, where the person who benefits from the petition is eligible right away to apply for permanent residence, people who benefit from preference petitions must wait until there is a visa number ready (“current”) for them. This is because there are a limited number of people who are allowed to enter the U.S. each year through the preference petition system. The length of time that a person must wait depends on which preference category s/he fits into and the applicant's country of nationality. To find out what the wait is like for each category, consult the State Department's Visa Bulletin, at http://www.travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.

What is an affidavit of support?

U.S. citizens and permanent residents (sponsors) who apply for family members to get permanent residence in the U.S. must provide an affidavit of support along with the application for permanent residence. The affidavit of support is an enforceable contract in which the person who signs the affidavit promises to be financially responsible for the immigrant until s/he becomes a U.S. citizen, or until s/he can be credited with 40 quarter years of work (usually this is ten years). The sponsor who signs this contract must show that s/he has income and/or assets that place her or him at or above 125 percent of the federal poverty guidelines for her/his household size. The form used for the affidavit of support is I-864. The federal poverty guidelines are posted on form I-864P, available at www.uscis.gov (click on “Immigration Forms”).

Are affidavits of support required for all adjustment of status applications?

No. The I-864 enforceable affidavit of support is required only in family petition and some employment-based cases. Affidavits of support are not required for refugees, asylees, or VAWA self petitioners (abused spouses and children of U.S. citizens and lawful permanent residents).

What is a VAWA self-petition?

There were a series of laws passed in 1994, 2000, and 2005 that are collectively referred to as “VAWA.” VAWA stands for Violence against Women Act, but the laws include the spouses (male or female) and children of U.S. citizens and lawful permanent residents. VAWA allows the victims of domestic violence who are married to U.S. citizens or permanent residents or who are the children of U.S. citizens or lawful permanent residents to petition for permanent residence on their own, without the involvement of the abusive U.S. citizen or permanent resident spouse or parent. The VAWA petition is filed on Form I-360, which is available at www.uscis.gov (click on “Immigration Forms”). Instead of submitting an I-130 relative petition along with the abuser, the battered immigrant spouse or child submits an I-360 self-petition along with supporting evidence. If the I-360 is approved, the battered spouse will become eligible to file an application for the green card (as long as they are otherwise eligible for lawful permanent residency). The I-360 is treated just like an I-130, so self-petitioners who would otherwise fall into preference categories (for example, the spouses and minor unmarried children of lawful permanent residents) will have to wait until there is a visa number for them (just like in family preference cases). Self-petitioners who are immediate relatives (like the spouses and minor unmarried children of U.S. citizens) will be immediately eligible to file an application for permanent residency.

Citizenship

How does one become a citizen of the United States?

Any person born in one of the 50 United States, or in Guam, Puerto Rico, or the U.S. Virgin Islands is a citizen at birth, no matter what her or his parents' immigration status is. A person born in another country to two U.S. citizen parents is also a citizen at birth. A person born in another country to one U.S. citizen and one non-citizen parent may or may not be a U.S. citizen. This is a complicated area of immigration law, and anyone who meets this description should speak with an experienced immigration advocate to find out whether or not s/he is a U.S. citizen.

Lawful permanent residents may also apply to become citizens after a certain number of years; the process of moving from lawful permanent resident to citizen is called “naturalization.” Lawful permanent residents who gained their status through marriage to a U.S. citizen may apply to naturalize three years after being granted lawful permanent residence. All other permanent residents (except some exceptions for those in military service and some VAWA beneficiaries) may apply for naturalization five years after being granted lawful permanent residence.

What do I need to do to apply for naturalization?

To apply for naturalization, you must:

be over 18 years old;
have had permanent resident status (“green card”) for at least five years (three years if you got permanent residence through marriage to a U.S. citizen, and you are still married to and living with that U.S. citizen; military service may also shorten your wait);
have been physically present in the United States for at least 2-½ years of the five years immediately before you file your application for naturalization. You must also have lived in the state where you file the application for at least three months before you file the application;
be functionally fluent in spoken and written English, and be able to pass a test showing you understand the basics of U.S. history and the U.S. system of government. (There are limited exceptions to this for some people, because of disability, or age and length of residency);
have “good moral character;”
be willing to take an oath of allegiance to the United States. The oath includes being willing to bear arms on behalf of the U.S. if the law were to require it.

Some people can get their citizenship without meeting all of the above requirements, such as certain children, or persons who served with the U.S. military in active duty status during certain periods of war. Also, some non-citizen children may become U.S. citizens automatically if one or both of their parents naturalize before the children turn 18 years old.

What application do I fill out for naturalization?

USCIS form N-400. File this application with the United States Citizenship and Immigration Services (USCIS).

Lawful Permanent Residence (“Green Card”)

What is a green card?

“Green card” is a term often used to refer to lawful permanent residence in the United States. Lawful permanent residents have the right to live and work indefinitely in the United States, as well as to petition for certain family members to get green cards. Lawful permanent residence is also the first step towards becoming a citizen of the U.S. (“naturalizing”). There are a number of different ways to become a lawful permanent resident of the U.S., including through a family member, through an employer, by being granted asylum or refugee status, or through the diversity visa lottery.

How do I get a green card?

There are five major ways to get lawful permanent residence in the U.S: 1) through a family member; 2) through an employer; 3) through the diversity visa lottery; 4) by being granted asylum; 5) by entering the U.S. as a refugee. There are some other ways to get a green card, but they are more limited and usually involve a special program through USCIS.

What is “adjustment of status”?

Adjustment of status is the process by which a person inside the United States becomes a lawful permanent resident. The person's immigration status is “adjusted” to that of a lawful permanent resident.

What is the difference between “change of status” and “ adjustment of status”?

Change of status refers to the process of changing from one nonimmigrant status to another, such as from a student to a temporary worker. Adjustment of status refers to the process of becoming a lawful permanent resident of the U.S.

I lost my green card. How do I get a replacement?

File an application I-90 to request a replacement permanent resident card (“green card”). This form is available at www.uscis.gov (click on “Immigration Forms”).

What is the green card or diversity visa lottery?

This is also known as the “green card lottery”; each year the U.S. holds a lottery for about 50,000 immigrant visas for people from countries with low rates of immigration to the U.S. Lottery winners may apply for permanent residence in the U.S. (if in the U.S.) or may apply to enter the United States as lawful permanent residents (if outside the U.S.).

Which countries are included in the lottery?

Every year, the Department of State identifies the countries that are eligible to apply through the diversity visa lottery. The lottery program DV 2009 includes all countries except Brazil, Canada, China (mainland-born), Colombia, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, Poland, Russia, South Korea, the United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

Who can apply for the diversity visa lottery?

Applicants must have either a high school education or its equivalent or have, within the last five years, gained two years of work experience in an occupation that requires at least two years of training or experience. Lottery winners may bring their spouses and unmarried children who are under 21 into the U.S. as well.

How and when can I enter the diversity visa lottery?

There is one lottery per year, and entries are acce pted only electronically and only during a specified two-month period each year. For example, entries to the DV 2009 lottery may be submitted from noon (U.S. Eastern time zone) October 3 until noon December 2. Instructions for the DV 2009 lottery are now posted at http://travel.state.gov/pdf/2009DVInstructions.pdf. It is important to read and follow the instructions carefully. Note: No fee is charged for the electronic lottery entry in the annual DV program.

In general, watch the State Department Web site (www.state.gov) for more information and instructions on the Diversity Visa Lottery Program. You may also call the State Department's Visa Lottery Information Center at 1-900-884-8840 for more information. Please note: There is a charge for each call. You may also contact your nearest U.S. Embassy or Consulate. A listing of U.S. Embassies and Consulates can be found on the State Department website.

What is registry?

A person who has continuously lived in the U.S. since January 1, 1972, and is of good moral character may apply to become a permanent resident, even if s/he has lived here without valid immigration documents. There is an additional registry provision for persons who entered the U.S. before July 1, 1924.

Religious Workers

What is a religious worker visa?

The R, or religious worker, visa is for temporary religious workers. R visas for religious workers and their families allow certain religious workers to do religious work in the U.S. for a specified number of years. These visas are available to religious workers in religious denominations with a bona fide, nonprofit religious organization in the United States.

Who is eligible for a religious worker visa?

Workers eligible for R visas are: ministers, professional religious workers in occupations for which at least a Bachelor of Arts degree (or its foreign equivalent) is required, people in religious occupations whose work is in a traditional religious function, and people with religious vocations.

How does one apply for a religious worker visa?

Applicants must be sponsored by a religious denomination or with a nonprofit religious organization in the United States. An applicant must show, among other things, that s/he has been a member of the denomination for the preceding two years; that s/he is a minister, religious professional, or works in a religious occupation or vocation; and that s/he is qualified for the job. Applicants who are outside the U.S. file an application OF-156 with the U.S. consulate or embassy with jurisdiction over their place of residence. Applicants within the U.S. must be in a valid immigration status (such as student or visitor) and file an application to Change Status on form I-129.

Can a religious worker get permanent residence (a green card)?

Some religious workers can become lawful permanent residents. Special Immigrant Religious Workers may apply to become permanent residents. Form I-360 is used to apply for Special Immigrant Religious Worker status. Applicants must show, among other things, that they have been a member of the religious denomination that is sponsoring them for the past two years, that they have been doing religious work continuously for the two years preceding the application.

Temporary Protected Status (“TPS”)

What is TPS?

Temporary Protected Status, known as TPS, allows people from certain designated countries that have experienced natural or other disasters to remain in the U.S. until conditions at home allow for a safe return. Each year the Attorney General designates which countries are eligible for TPS. Currently, those countries are Burundi, El Salvador, Honduras, Liberia (scheduled to end on October 1, 2007, at which time Deferred Enforced Departure will be granted), Nicaragua, Somalia, and Sudan. TPS is usually designated for between 12 months and 18 months from the date of its enactment and then is reviewed to determine whether it is safe for persons to return home or whether the designation should be renewed for another year. Persons with TPS are eligible to work and remain lawfully in the U.S. until the designated period ends.

How does one get TPS?

To be eligible for TPS, an applicant must show that s/he has been physically present in the U.S. since a certain specified date, and that s/he is a national of one of the designated countries. Form I-821 is the application for TPS, and it is available at www.uscis.gov (click on “Immigration Forms”).

Travel

What documents does a refugee or asylee need to travel outside the US?

A refugee or asylee needs a Refugee Travel Document for travel outside the United States. Use form I-131 to apply for a Refugee Travel Document. A refugee or asylee who travels outside the U.S. without a Refugee Travel Document might not be allowed to re-enter the U.S. Form I-131 is available at www.uscis.gov (click on “Immigration Forms”).

How do I help someone get a visitor’s visa?

A person in the U.S. can help a friend or family member who wants to visit the U.S. by writing him or her a letter of invitation. The letter should include the invitee's name, reason for visit, period of stay in the U.S., and explain who will be paying the visitor's expenses, and how. If the guest has enough funds to pay her/his own expenses, s/he must be prepared to show the consular officer that s/he has sufficient funds for the trip. If the American host is paying the expenses, the host may include an affidavit of support (Form I-134) or other evidence of ability to support the guest.