WHAT IS IMMIGRATION LAW?
Immigration deals with the ever changing, laws controlling entry to the United States.

Immigration lawyers help people deal with the laws and processes that permit persons who are not citizens of the United States to come to the United States for following purposes: Visiting as tourists, Working in the U.S., Studying in the U.S., Becoming a citizen of the U.S.

Anyone who is thinking about becoming more than "just a tourist," should consult an immigration law attorney before contacting the immigration authorities.

WHO GIVES PERMISSION TO ENTER THE UNITED STATES?
The Immigration and Naturalization Service (INS) is a unit of the U.S. Government, Department of Justice, and enforces the immigration laws. Generally the American Embassy or Consulate in your home country will give you a visa, stamped into your passport, which allows you to enter the U.S. Under the Visa Waiver Pilot Program, tourists from many countries (such as Canada, Japan, New Zealand and most European countries) with a valid passport are allowed to travel in the U.S. without a visa.

Such tourists are allowed to stay up to 90 days. The INS's main responsibility is to keep out aliens who have a criminal history, such as those who have been convicted for crimes such as murder, robbery, rape, forgery, burglary, welfare fraud, tax evasion and drug related problems.

Similarly, aliens who are involved in terrorist or sabotage activities are not admitted, nor are aliens who suffer from certain illnesses or communicable diseases. Aliens who are not able to finance themselves because they don't have sufficient income or resources and could need public assistance are not allowed to enter. The INS also excludes people who obviously are lying about their intentions for coming to the U.S.

WHAT IS THE DIFFERENCE BETWEEN AN IMMIGRANT VISA AND A NON-IMMIGRANT VISA?
There are two basic categories of visa, an Immigrant Visa and a Non-Immigrant Visa. Non-immigrants are those who are coming to the United States for a temporary period of time and for a specific purpose.

For example, if you are coming to the U.S. as a temporary visitor for pleasure, under U.S. law you would apply for a "B-2 Visa". If granted, you may come to the U.S. for a temporary period of time and you may only engage in activities consistent with being a visitor, such as sightseeing, visiting friends and relatives. You would not be permitted to enroll in school and study nor would you be allowed to work, as that is not consistent with a B-2 visa.

If you are in the U.S. on a Tourist Visa, it is possible to change status to a different category, such as student, assuming you qualify. Immigrant visas are for aliens who are entering the U.S. with the intention to make the U.S. their permanent residence.

Immigrant visas are subject to numerical limitations. That means that each of the immigrant visa categories has a certain number of allotted slots for visas. Once the quota is filled, a "waiting list" is created that will delay your arrival into the U.S.

WHAT DOES THE TERM "GREEN CARD" MEAN?
Generally the term "Green Card" refers to permission to become a permanent resident of the U.S. The "Green Card" is no longer green anymore; it can be white, pink or multi-colored. It is called a Green Card because prior to 1978 immigrant visas had a green color, thus the nickname "Green Card."

CAN I WORK IN THE U.S. WITHOUT A "GREEN CARD"?
Yes, but only if you must have either a non-immigrant working visa or, in the alternative, an employment authorization card.

If you have a non-immigrant visa that does not allow you to work in the United States, you may still be eligible to get permission to work if you have a particular skill that a prospective employer desires. It is not easy, but an immigration lawyer would be able to assist you or your prospective employer to obtain permission.

If you are a foreign student with an "F" or "M" visa you must ask your school's foreign student advisor about permission to work.

I HAVE A COLLEGE DEGREE AND WANT TO WORK IN THE U.S., CAN I QUALIFY FOR A WORK VISA?
There is a type of non-immigrant visa known as an "H-1B visa" which allows the temporary employment of aliens in "specialty occupations." A specialty occupation is defined by the INS as an occupation which requires theoretical and practical application for a body of highly specialized knowledge to fully perform the occupation.

The basic requirements are that you have a sponsoring employer, the position offered must require a bachelors degree or higher to perform the job, and you must possess the appropriate academic degree. There is a six (6) year maximum period of stay in the U.S. for H-1B workers. Particularly with the assistance of an immigration lawyer, many professional occupations, such as accountants, engineers, market research analysts, and statisticians can qualify for this type of visa.

CAN FOREIGN COMPANIES TRANSFER PERSONNEL TO THE U.S. TO WORK FOR A RELATED COMPANY IN THE U.S.?
Yes. The L-1A visa is a nonimmigrant visa category that allows a foreign company to transfer a manager or executive to a U.S. branch, affiliate or subsidiary.

The general requirements are the alien has worked for the foreign company in a managerial or executive capacity for 1 year out of the 3 years immediately preceding the time of application the alien must be coming to work for the U.S. branch, affiliate or subsidiary; and both the U.S. and foreign company must continue doing business for the entire period of stay by the alien in L-1A status.

One of the major advantages under the immigration law is that an L-1A manager or executive can apply for a Green Card without having to first go through a lengthy and tedious labor certification. There is a seven (7) year maximum period of stay in the U.S. by L-1A executives or managers.

CAN I LIVE IN THE U.S. IF I BUY OR START A SMALL BUSINESS?
Yes, if you can qualify as an E-2 Treaty Investor. That is a non-immigrant visa category that permits a non-citizen investor to start up a new business or to purchase an existing business. The benefits of E-2 status are that the visa category has no maximum periods of stay, the status is renewable indefinitely, and the alien is permitted to work in the U.S.

To qualify you must be a national of one the countries with which the U.S. has a Treaty of Commerce & Navigation. You also must have invested or be actively in the process of investing a "substantial amount of money".

While there are no fixed dollar amounts for the investment, as a minimum the investment generally must be in the $50,000 to $300,000 range. The investment must be an active commercial enterprise and you must take an active role in managing and directing the business.

I HAVE A GREEN CARD. CAN I REMAIN ABROAD CONTINUOUSLY FOR 3 YEARS?
No. An important part of obtaining and keeping a Green Card is your intention to make the U.S. your permanent residence. A Green Card holder may travel abroad and use the Green Card as a re-entry document.

If you hold a Green Card you may stay abroad for up to six months without any problem. Absences abroad of more than six months but less than one (1) year create a rebuttable presumption that you intended to abandon your residence. However if you are abroad for more than a continuous period of one year or longer you may lose your right to use the Green Card to re-enter the U.S.

While the Immigration Officer is supposed to deny those abroad for a year or longer admission, in practice many INS inspectors at the airport will admit you. However, a re-entry permit does not guarantee your re-admission into the U.S. If you intend to be absent from the U.S. for 1-2 years, you should obtain a re-entry permit. This is an indication that the INS has accepted your explanation that your intention is to stay abroad for 1-2 years as a "temporary" matter.

I HAVE A B-1/B-2 VISA (TEMPORARY VISITOR FOR BUSINESS/PLEASURE) THAT IS VALID FOR 5 YEARS. CAN I STAY IN THE U.S. FOR 5 YEARS?

No. If you are admitted into the U.S., you will be given an I-94 (small white card) which is a record of arrival/departure. On the I-94, the INS will mark your date of admission and your maximum period of stay in the U.S. Ordinarily, the initial period of stay will be no longer than 6 months, although you may be able to obtain an extension up to a maximum physical time of 1 year.

After being present in the U.S. for one full year, you must either leave the U.S. or change to some other visa category. Even though the B-1 or B-2 visa is valid for 5 years, you may not be admitted if the INS believes that you are using the B-1/2 visa to actually live in the U.S.

For example, if you stay the maximum period allowed (say 6 months or 1 year) and then go abroad for 1-2 weeks and seek to return to the U.S., the INS may deny you readmission.

HOW CAN I BRING MY FAMILY OR RELATIVES TO THE UNITED STATES PERMANENTLY?

If you are a U.S. citizen, you may sponsor the following relatives to the United States: your spouse (husband or wife), and your sons and daughters (regardless of their age and whether or not they are married) and your parents, brothers and sisters (if you are age 21 or older). If you are a Green Card holder you may petition for: your spouse (husband or wife) and your unmarried sons and daughters.

I AM ILLEGAL IN THE U.S. I HAVE JUST MARRIED A U.S. CITIZEN. HOW DO I APPLY FOR MY GREEN CARD?

After you get married, the U.S. citizen spouse must file with the INS an I-130 Relative Petition for you, together with the I-485 application for permanent residence, with all supporting documents. You can also apply for the employment authorization card and advance parole which will allow the alien to travel abroad pending the INS interview.

Depending on the INS workload, an interview will be scheduled anywhere from 6 months to more than 1 year from the time the application is filed. At the interview, the INS will question the couple to make sure that the marriage is bona fide, meaning that the couple did not get married solely for the purpose of getting an immigration benefit for the alien spouse.

If the I-485 is approved, the alien spouse will receive a 2 year conditional Green Card. Within 90 days prior to the 2nd anniversary of receiving the Green Card, the couple must file a petition with the INS to remove the condition. Documents must be submitted to prove that the couple has a bona fide marriage, such as joint credit cards, joint bank accounts, proof of children born to the couple, joint health insurance, etc.

If the INS is satisfied by the evidence submitted, the condition will be removed. If the couple fails to file the removal petition within 90 days, then the Green Card will automatically terminate.

I AM A U.S. CITIZEN AND I AM ENGAGED TO A FOREIGNER. HOW CAN I BRING HIM/HER TO THE U.S.?

If you are a U.S. citizen you can file a K-1 fiancée petition to the INS. In the petition, you, as a U.S. citizen, must document that you in fact are a U.S. citizen; that the couple have met in person within the prior two years; that both are free to marry; and that the couple will marry within ninety days of the foreign fiancée's entry into the U.S.

Upon approval of the INS petition, the foreign fiancée will go to the U.S. embassy/consulate in his/her home country and apply for a K-1 visa. Upon issuance, the fiancée will enter the U.S. and will be given automatic employment authorization for a period of 90 days. After the couple gets married, the alien should file the I-485 application for permanent residence.

HOW CAN I BECOME A U.S. CITIZEN?

In order to become a U.S. citizen, you must have been admitted to lawful permanent residence for five years (three years if Green Card obtained through marriage to U.S. citizen); you must be 18 years old; you must be maintain continuous residence for five years (three years if Green Card obtained through marriage to U.S. citizen); you must be physically present in the U.S. for at least half of the 5 years (or half of the 3 years if you obtained a Green Card through a U.S. citizen spouse); you must be a person of good moral character for the 5 years (or 3 years if the alien obtained a Green Card through a U.S. citizen spouse); you must demonstrate an elementary level of English (reading, writing, understanding); and, you must have knowledge and understanding of the fundamentals of history and government of the U.S.

Special exceptions to some of the general requirements are available for the disabled, members of the military, veterans, spouses married to U.S. citizens living overseas, and Legal Permanent Residents who work for certain organizations that promote U.S. interests abroad. Similarly exemptions from the English language requirements are available for those over 55 years who and have lived in the United States as a Legal Permanent Resident for 15 years, or are over 50 years old and have lived in the United States as a Legal Permanent Resident for 20 years.

I MEET THE CITIZENSHIP REQUIREMENTS. WHAT IS THE PROCESS?

You would submit an Application for Naturalization (INS Form N-400) with a $95 application fee, photos and a fingerprint card. You may submit your application 3 months before you meet the residency requirement. The INS sends the fingerprint card to the FBI which conducts a background check to determine whether you have committed a crime which might disqualify you from citizenship. You will be then interviewed by an INS officer. If you are approved for citizenship by the INS, you would then take the Oath of Allegiance to the United States of America.

I AM A U.S. CITIZEN, BUT MY SPOUSE IS NOT. OUR CHILD WAS BORN OUTSIDE THE UNITED STATES AND I WANT THE CHILD TO BE A U.S. CITIZEN? HOW DO GO ABOUT IT?

If your child was born after November 14, 1986 you will have to be able to demonstrate that you as a U.S. citizen were physically present in the United States for at least 5 years after you attained age 14 prior to the child's birth. Simply obtain and file INS Form N-600, entitled "Application for Certificate of Citizenship". It may be necessary for the child to actually live in the U.S. for a period of time down the road to avoid losing U.S. citizenship.

ARE THERE NEW RULES FOR STUDENTS?

Yes. Congress recently enacted new limitations on foreign students in F-1 immigration status who come to the U.S. to study in U.S. public elementary and secondary schools, effective November 30,1996. These new rules impact their attendance in certain public education programs, limit their attendance in public secondary schools (grades 9 through 12) to a maximum of 12 months; and require them to reimburse public secondary schools for the full, unsubsidized per capita cost of education for the intended period of study.

The new provisions do not affect foreign students in any other immigration status, for example J-1 exchange visitors, or dependents of foreign nationals in the United States on other non-immigrant visas.

Likewise, the new provisions do not affect foreign students attending private schools or private training or language programs. F-1 students who wish to transfer from private schools or programs into public schools or programs must meet the new public school requirements. F-1 students who were attending public schools or programs before the legislation took effect on November 30, 1996, can remain in school without penalty.

However, if those students travel outside the U.S. they have to meet the new requirements in order to return.

MUST AN EMPLOYER VERIFY THE CITIZENSHIP OR RIGHT TO WORK OF EMPLOYEES?

Yes, the Immigration and Nationality Act of 1990 requires employers to ask employees to present certain original documents to establish their identity and employment eligibility within 3 business days of the date their employment begins, and to verify on INS Form I-9 that they are eligible to be employed in the U.S. (If the person is being hired for 3 or fewer days this must be done immediately when starting work.)

Employers are responsible for examining the acceptable original documents. (The only exception is a certified copy of a birth certificate.) However an employer may not ask for more documents than is reasonable as that sometimes is a pretext for illegal discrimination.