Frequently Asked Questions

• Who Can Immigrate Through A Family Visa Petition?
• What Is Adjustment Of Status?
• What Are The Requirements For Becoming A U.S. Citizen Through 'Naturalization'?
• What Is An 'A' Number?
• What's The Difference Between An Applicant, Beneficiary And Petitioner?
• What Is Asylum?
• What Is A Conditional Permanent Resident?
• What Is A Waiver?
• What Is An LPR?
• What are the Grounds for Inadmissibility?

Who Can Immigrate Through A Family Visa Petition?

What Is Adjustment Of Status?

Any time a person changes immigration status without leaving the United States, they go through an adjustment (change) of immigration status. One can change their immigration status by visa petitions, political asylum claims, petitioning for cancellation of removal or legalization. Each kind of adjustment application has its own eligibility rules, procedures and forms.

What Are The Requirements For Becoming A U.S. Citizen Through 'Naturalization'?

To qualify for naturalization, you must:

1. Be at least 18 years
2. Be a lawful permanent resident for 5 years or if married to a U.S. Citizen 3 years.
3. Have good moral character … this means not having certain problems with the police or authorities.
4. Be able to speak, read and write English at a basic level.
5. There are exceptions for people over 50 with a green card for 20 years and over 55 with a green card for 15 years.
6. Be able to pass a test on U.S. history and government.
7. Not have left the U.S. for long periods of time in the last five years.
8. Swear that you are loyal to the United States.
9. If you have a mental or physical disability that can make you unable to learn English or pass the U.S. history and civics exam, you can apply for a waiver.

What Is An 'A' Number?

This is the number USCIS uses to keep track of your immigration file. Whenever you write or talk to USCIS you will need this number ready so they can access your file. When you immigrate, this is the number that ends up on the alien registration card.

What's The Difference Between An Applicant, Beneficiary And Petitioner?

An applicant is a person who is applying for an immigration benefit such as entry into the U.S., asylum, refugee status, permanent residence or naturalization. A beneficiary is a person for whom a U.S. citizen or lawful permanent resident family member or employer petitions USCIS to allow that relative or employee to immigrate to the U.S. A petitioner is the person or company who is requesting that a relative or employee be permitted to immigrate to the U.S.

What Is Asylum?

Asylum is the status given to people who have left their country because they have been or may be persecuted for their political beliefs, race, nationality, or membership in a social or religious group, and who apply for protection while they are at the border or within one year of admission into the U.S.

What Is A Conditional Permanent Resident?

People who immigrate or adjust their status through their spouse within two years of the marriage become conditional residents for 2 years. After that, they must petition together for the spouse to become a lawful permanent resident or file for a waiver.

What Is A Waiver?

A waiver is what USCIS gives you when it decides to forgive a certain ground of deportability or inadmissibility. Many parts of immigration law can be waived.

What Is An LPR?

This is a Lawful Permanent Resident and is an alien who has the right to live permanently in the United States. Everyone who has a green card is an LPR. LPR's are also called permanent residents or resident aliens.

Grounds for Inadmissibility

There are 8 basic grounds for inadmissibility and it is important to consult with an immigration practitioner to determine whether a waiver is available or not, depending on the applicable ground.

1. Health Related Grounds: This includes aliens with communicable diseases, required vaccinations, dangerous mental or physical disorders and drug addictions and abuse.
2. Criminal Grounds: This includes alien smuggling, crimes of moral turpitude, visa fraud, document fraud, false claim to U.S. citizenship, aggravated felonies, drug offenses, reason to believe trafficking, prostitution and polygamy.
3. Public Charge Ground: This includes considering a person's age, health, family status, assets, resources and financial status and also can consider an affidavit of support. Family immigrants must have a qualified affidavit of support to avoid public charge.
4. Undocumented Entry into the U.S. & Immigration Violations: This includes aliens who have entered the U.S. without inspection, have been in the U.S. for more than 180 days (3 year bar) or one year or more (10 year bar), failure to attend removal proceedings without reasonable cause, past removal or deportation, and unlawful presence in the U.S.
5. Document Requirement: If a person arrives at a U.S. border without the appropriate valid visa, they may be inadmissible.
6. Ineligibility for Citizenship: Persons who leave the U.S. to evade the draft.
7. Security Grounds: If the inspecting officer suspects you of entering the U.S. in further of terrorism or your entry could threaten the U.S. national security, you may be inadmissible.
8. Labor Certification: If you are not eligible for labor certification this could make you inadmissible.