Living
Entry Visa
There are several different ways that people from other countries can come to the United States, and often the procedure depends upon why they are coming, and how long they wish to stay.
Work Permits
If you are planning to come to the US for any significant length of time, chances are you will need to work in order to support yourself while you are here. In order to do this legally, you will need permission from the government, known as an employment authorisation document. As with all applications, you must first determine whether you are considered eligible under USCIS rules. You can apply for a permit to work in the US if you are a student, an applicant waiting for your petition for status as a lawful permanent resident to be processed, an applicant for temporary protected status, a fiancee of a US citizen, a dependant of a foreign government official, or if you are seeking asylum in the US. You do not need a work permit if you have obtained status of lawful permanent residence, or if you have arrived under a specific offer of employment (see below).
In terms of the procedure for getting a work permit, You must file Form I-765, along with the proper documentation and photographs, by mail, to the USCIS Regional Service Centre where you live.
If your application for a work permit is denied, you will receive a letter giving you the reasons why. You cannot appeal this decision, although you can file a ‘motion to reopen’ or a ‘motion to reconsider’ with the office that made the decision. If you file a motion to reopen, you must state new facts in your case, and you must include evidence. If you file a motion to reconsider, you are arguing that the decision was made on an erroneous application of US law or USCIS policy. You must show that the mistake was based on evidence that was in your file at the time the decision was made.
Visiting the United States
If you plan on visiting the US, in most cases you will need a non-immigrant visa. You must be planning to visit temporarily, for a pre-determined amount of time, for a specific purpose. While here, your activity will be confined to the parameters of your visa. In addition, you must have a valid passport and agree to leave the country at the end of the authorised time period. Most foreign nationals visiting under this provision must keep a residence in another country, as well as proving financial support. Most importantly, they must be admissible, or have obtained a waiver, and they must agree to follow the terms of their visa.
Since 11 September 2001, the US government has changed some of the immigration rules and the agencies that determine these rules. As of 2003, the services and benefits functions of Immigration and Naturalization Services (INS) fall under the Department of Homeland Security as the United States Citizenship Immigration and Services (USCIS). The USCIS employs 15,000 federal workers and contractors in 250 headquarters and offices around the world, and it now determines who can enter the United States, and under what circumstances. It determines the policies and handles the adjudication of matters pertaining to immigration and naturalisation. Whether you are seeking a temporary or permanent residence visa, asylum in the US, or citizenship, you will have to become familiar with the policies and procedures of the USCIS.
Under the Immigration & Nationality Act, the government will operate under the presumption that everyone that enters this country intends to become an immigrant. Your responsibility, as a visitor, therefore, is to convince the government otherwise. You must show that your purpose is for the business, pleasure or the medical treatment stated on your visa application, as well as showing that you have obligations or interests outside the US to which you must return.
As in every immigration category, a visa does not guarantee admission into the US; the government can either limit the amount of time you may spend in the country, or deny the visit altogether.
Visas for Exchange Visitors
There are two types of visas for exchange visitors. J-Visas are governed by the Bureau of Consular Affairs of the Department of State, and are given for educational, cultural, arts or science purposes. The goal of these visas is to promote the exchange of culture and knowledge between the US and foreign nations. These visas typically apply to students, professors, medical personnel and researchers. If you receive a J-Visa, you must be able to prove that you have the money to cover all your expenses, or be receiving a stipend from your school.
To apply for a J-Visa, you must file form DS-2019 (Certificate of Eligibility for Exchange Visitor) with the Department of State. If you are there to receive medical training under a J-Visa, you must pass the Foreign Medical Graduate Examination in Medical Science, be able to speak English fluently and be able to stay for the duration of the medical residency period.
Q-Visas, which are governed by USCIS, are for people coming to the US under an international cultural exchange programme. The goal of these visas is to promote the exchange of history and culture. If you have this type of visa, you are paid during your visit by your employer (sponsor), at the same rate as local workers. To apply for a Q-Visa, you must file form I-129 (Petition for Non-Immigrant Worker), with the USCIS.
Under both visas you must have a stamped record of your arrival and departure.
Non-Immigrants, Spouses or Children of US Permanent Residents
In the past, foreign nationals in this category had to petition from outside the US. Now, under the Legal Immigration Family Equity [LIFE] Act, a spouse (V-1) or child under 21 (V-2) of a legal permanent resident can live and work here as a non-immigrant while applying. The parent or spouse sponsoring you must have filed Form I-130 (Petition for Alien Relative), on or before December 21, 2000, and the person wanting to come to the US must have been waiting for at least three years for a visa that has not yet become available.
If the petitioner is in the country, they must file Form I-539 (Application for Non-Immigrant Status), and pay a fee. In addition, petitioners between the ages of 14 and 79 must be fingerprinted, at their own cost. Each must submit to a medical examination and send all appropriate forms and documents to US Citizenship and Immigration Services, PO Box 7216, Chicago, Il 60680-7216. There is no appeal available if this visa is denied. Just like people filing for other types of visas, V-1 and V-2 applicants are entitled to apply for a work permit.
If the petitioner is applying from outside the US, they must contact their local State Department Office or embassy.
Visas for Non-Immigrants as a Spouse or Child of US Citizen
If you are married to a US citizen, you can apply for the K-3 visa. If you are the child of a US citizen or of an alien eligible for a K-3 visa (and you are under 21 and unmarried), you can apply for the K-4 visa. Both visas can be applied for while the petitioner is inside the US, and applicants can work while they are waiting for the visa to be processed.
To apply for a K Visa, the spouse must file Form I-130 (relative petition). In addition, Form I-129F (petition for alien fiancee) must be sent to the American Consulate in the country where the person wants to apply for the visa. The consulate must be in the country where the couple was married – if the marriage ceremony was held in the US then send it to the consulate with jurisdiction over where the alien spouse is presently living.
When the USCIS has received Form I-130, it will send the US citizen Form I-797. It must be sent, with documents and a copy of Form I-129F, to the US Citizenship and Immigration Services, PO Box 7216, Chicago, Il 60680-7216. When the decision is made on the I-129F, the petition will then be sent on to the Department of State so the alien spouse can apply for K-3 and K-4 visas.
Humanitarian Parole
This basis for obtaining a Humanitarian Parole visa is at the discretion of the Secretary of the Department of Homeland Security. For complete information you should call 800 870 3676. The Secretary makes these decisions on a case-by-case basis. They are not given often, and when they are it is only in cases of humanitarian emergencies. It can not be used to get around standard visa procedures. It is important to remember that you must apply for this sort of visa from outside the United States. This kind of visa will be processed within 60 to 90 business days.
To apply for a Humanitarian Parole visa, you must send your application to the Department of Homeland Security, Attn: Parole & Humanitarian Assistant Branch, 425 I Street, NW, Washington, D.C. 20536. You can write to this address to check the status of your application as well. The maximum amount of time you can spend in the US under this visa category is one year, after which you can file for a renewal. However, if your application is denied, no appeals are permitted.
Extending Your Stay as a Non-Immigrant
Non-immigrant visitors are only allowed to stay in the country for the specified time. However, once they are in the US, they may be able to extend their visas. The most important thing is to apply for an extension before your visa expires (this is the date on your Form I-94 - Arrival/Departure Record) and you must keep your passport valid.
If you miss the deadline, you must prove that the circumstances were beyond your control, that the length of time past the deadline was reasonable, that you did not violate your status in any other way, that you are still a non-immigrant, and that you have not been marked for deportation.
If your application to extend your visa is denied, you cannot appeal. You can, however, file a motion to reconsider or a motion to reopen.
The procedure for applying for an extension depends on your reason for being in the US. You can either file Form I-539 (application to extend or change immigrant status), or your employer can file Form I-129 (petition for non-immigrant worker on your behalf).
Visa Waiver Program
The general rule is that every foreign national must have a visa before entering the United States, even those who are coming for a short visit. However, as with many of the immigration rules, there are exceptions. There are certain countries and adjacent islands from which visitors can come to the US for a short visit, without a visa. The list of countries and islands is determined by the Secretary of Homeland Security, and citizens of these countries can come to the US for 90 days or less, for business or pleasure.
You must have a valid passport from a country on the Visa Waiver list. The passport must be valid for at least six months beyond the end of your intended visit. You must be a national of the country from which you obtained the passport. In addition, you must have a return ticket to a non-US destination.
Visitors under the Visa Waiver Program must file Form I-94W (visa waiver arrival/departure record). As always, they must be admissible to the US.
The advantage of this programme is clear: you do not have to go through the inconvenience of getting a visa. The disadvantage is that you cannot extend or change your visit in any way. Also, you have no appeal if your application is denied; when you participate in this programme, you waive any right to appeal a denial of your application or to dispute your removal unless you are applying under the Convention Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment.
You may travel outside the US while you are in the country under this programme - short trips to Canada, Mexico, or adjacent islands are acceptable. You must show that your visit has not expired, that you are prepared to leave the US on time, that your passport is valid, and that you continue to be eligible.
Work Permits
If you are planning to come to the US for any significant length of time, chances are you will need to work in order to support yourself while you are here. In order to do this legally, you will need permission from the government, known as an employment authorisation document. As with all applications, you must first determine whether you are considered eligible under USCIS rules. You can apply for a permit to work in the US if you are a student, an applicant waiting for your petition for status as a lawful permanent resident to be processed, an applicant for temporary protected status, a fiancee of a US citizen, a dependant of a foreign government official, or if you are seeking asylum in the US. You do not need a work permit if you have obtained status of lawful permanent residence, or if you have arrived under a specific offer of employment (see below).
In terms of the procedure for getting a work permit, You must file Form I-765, along with the proper documentation and photographs, by mail, to the USCIS Regional Service Centre where you live.
If your application for a work permit is denied, you will receive a letter giving you the reasons why. You cannot appeal this decision, although you can file a ‘motion to reopen’ or a ‘motion to reconsider’ with the office that made the decision. If you file a motion to reopen, you must state new facts in your case, and you must include evidence. If you file a motion to reconsider, you are arguing that the decision was made on an erroneous application of US law or USCIS policy. You must show that the mistake was based on evidence that was in your file at the time the decision was made.
Visiting the United States
If you plan on visiting the US, in most cases you will need a non-immigrant visa. You must be planning to visit temporarily, for a pre-determined amount of time, for a specific purpose. While here, your activity will be confined to the parameters of your visa. In addition, you must have a valid passport and agree to leave the country at the end of the authorised time period. Most foreign nationals visiting under this provision must keep a residence in another country, as well as proving financial support. Most importantly, they must be admissible, or have obtained a waiver, and they must agree to follow the terms of their visa.
Since 11 September 2001, the US government has changed some of the immigration rules and the agencies that determine these rules. As of 2003, the services and benefits functions of Immigration and Naturalization Services (INS) fall under the Department of Homeland Security as the United States Citizenship Immigration and Services (USCIS). The USCIS employs 15,000 federal workers and contractors in 250 headquarters and offices around the world, and it now determines who can enter the United States, and under what circumstances. It determines the policies and handles the adjudication of matters pertaining to immigration and naturalisation. Whether you are seeking a temporary or permanent residence visa, asylum in the US, or citizenship, you will have to become familiar with the policies and procedures of the USCIS.
Under the Immigration & Nationality Act, the government will operate under the presumption that everyone that enters this country intends to become an immigrant. Your responsibility, as a visitor, therefore, is to convince the government otherwise. You must show that your purpose is for the business, pleasure or the medical treatment stated on your visa application, as well as showing that you have obligations or interests outside the US to which you must return.
As in every immigration category, a visa does not guarantee admission into the US; the government can either limit the amount of time you may spend in the country, or deny the visit altogether.
Visas for Exchange Visitors
There are two types of visas for exchange visitors. J-Visas are governed by the Bureau of Consular Affairs of the Department of State, and are given for educational, cultural, arts or science purposes. The goal of these visas is to promote the exchange of culture and knowledge between the US and foreign nations. These visas typically apply to students, professors, medical personnel and researchers. If you receive a J-Visa, you must be able to prove that you have the money to cover all your expenses, or be receiving a stipend from your school.
To apply for a J-Visa, you must file form DS-2019 (Certificate of Eligibility for Exchange Visitor) with the Department of State. If you are there to receive medical training under a J-Visa, you must pass the Foreign Medical Graduate Examination in Medical Science, be able to speak English fluently and be able to stay for the duration of the medical residency period.
Q-Visas, which are governed by USCIS, are for people coming to the US under an international cultural exchange programme. The goal of these visas is to promote the exchange of history and culture. If you have this type of visa, you are paid during your visit by your employer (sponsor), at the same rate as local workers. To apply for a Q-Visa, you must file form I-129 (Petition for Non-Immigrant Worker), with the USCIS.
Under both visas you must have a stamped record of your arrival and departure.
Non-Immigrants, Spouses or Children of US Permanent Residents
In the past, foreign nationals in this category had to petition from outside the US. Now, under the Legal Immigration Family Equity [LIFE] Act, a spouse (V-1) or child under 21 (V-2) of a legal permanent resident can live and work here as a non-immigrant while applying. The parent or spouse sponsoring you must have filed Form I-130 (Petition for Alien Relative), on or before December 21, 2000, and the person wanting to come to the US must have been waiting for at least three years for a visa that has not yet become available.
If the petitioner is in the country, they must file Form I-539 (Application for Non-Immigrant Status), and pay a fee. In addition, petitioners between the ages of 14 and 79 must be fingerprinted, at their own cost. Each must submit to a medical examination and send all appropriate forms and documents to US Citizenship and Immigration Services, PO Box 7216, Chicago, Il 60680-7216. There is no appeal available if this visa is denied. Just like people filing for other types of visas, V-1 and V-2 applicants are entitled to apply for a work permit.
If the petitioner is applying from outside the US, they must contact their local State Department Office or embassy.
Visas for Non-Immigrants as a Spouse or Child of US Citizen
If you are married to a US citizen, you can apply for the K-3 visa. If you are the child of a US citizen or of an alien eligible for a K-3 visa (and you are under 21 and unmarried), you can apply for the K-4 visa. Both visas can be applied for while the petitioner is inside the US, and applicants can work while they are waiting for the visa to be processed.
To apply for a K Visa, the spouse must file Form I-130 (relative petition). In addition, Form I-129F (petition for alien fiancee) must be sent to the American Consulate in the country where the person wants to apply for the visa. The consulate must be in the country where the couple was married – if the marriage ceremony was held in the US then send it to the consulate with jurisdiction over where the alien spouse is presently living.
When the USCIS has received Form I-130, it will send the US citizen Form I-797. It must be sent, with documents and a copy of Form I-129F, to the US Citizenship and Immigration Services, PO Box 7216, Chicago, Il 60680-7216. When the decision is made on the I-129F, the petition will then be sent on to the Department of State so the alien spouse can apply for K-3 and K-4 visas.
Humanitarian Parole
This basis for obtaining a Humanitarian Parole visa is at the discretion of the Secretary of the Department of Homeland Security. For complete information you should call 800 870 3676. The Secretary makes these decisions on a case-by-case basis. They are not given often, and when they are it is only in cases of humanitarian emergencies. It can not be used to get around standard visa procedures. It is important to remember that you must apply for this sort of visa from outside the United States. This kind of visa will be processed within 60 to 90 business days.
To apply for a Humanitarian Parole visa, you must send your application to the Department of Homeland Security, Attn: Parole & Humanitarian Assistant Branch, 425 I Street, NW, Washington, D.C. 20536. You can write to this address to check the status of your application as well. The maximum amount of time you can spend in the US under this visa category is one year, after which you can file for a renewal. However, if your application is denied, no appeals are permitted.
Extending Your Stay as a Non-Immigrant
Non-immigrant visitors are only allowed to stay in the country for the specified time. However, once they are in the US, they may be able to extend their visas. The most important thing is to apply for an extension before your visa expires (this is the date on your Form I-94 - Arrival/Departure Record) and you must keep your passport valid.
If you miss the deadline, you must prove that the circumstances were beyond your control, that the length of time past the deadline was reasonable, that you did not violate your status in any other way, that you are still a non-immigrant, and that you have not been marked for deportation.
If your application to extend your visa is denied, you cannot appeal. You can, however, file a motion to reconsider or a motion to reopen.
The procedure for applying for an extension depends on your reason for being in the US. You can either file Form I-539 (application to extend or change immigrant status), or your employer can file Form I-129 (petition for non-immigrant worker on your behalf).
Visa Waiver Program
The general rule is that every foreign national must have a visa before entering the United States, even those who are coming for a short visit. However, as with many of the immigration rules, there are exceptions. There are certain countries and adjacent islands from which visitors can come to the US for a short visit, without a visa. The list of countries and islands is determined by the Secretary of Homeland Security, and citizens of these countries can come to the US for 90 days or less, for business or pleasure.
You must have a valid passport from a country on the Visa Waiver list. The passport must be valid for at least six months beyond the end of your intended visit. You must be a national of the country from which you obtained the passport. In addition, you must have a return ticket to a non-US destination.
Visitors under the Visa Waiver Program must file Form I-94W (visa waiver arrival/departure record). As always, they must be admissible to the US.
The advantage of this programme is clear: you do not have to go through the inconvenience of getting a visa. The disadvantage is that you cannot extend or change your visit in any way. Also, you have no appeal if your application is denied; when you participate in this programme, you waive any right to appeal a denial of your application or to dispute your removal unless you are applying under the Convention Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment.
You may travel outside the US while you are in the country under this programme - short trips to Canada, Mexico, or adjacent islands are acceptable. You must show that your visit has not expired, that you are prepared to leave the US on time, that your passport is valid, and that you continue to be eligible.
