Frequently Asked Questions 
Contents reprinted from LawInfo.com

(1) Who is eligible to sponsor their spouse? 
A U.S. citizen or lawful permanent resident may apply to bring a husband or wife to live and work permanently in the United States. If you are a lawful permanent resident your spouse must have an immigrant visa number available to become a permanent resident. If you were married to your spouse before you became a permanent resident, your spouse may be eligible to receive following-to-join benefits. This means that you would not have to submit a separate INS Form I-130 (Petition for Alien Relative) for your spouse, and your spouse would not have to wait any extra time for an immigrant visa number to become available. 

(2) How do I bring my spouse to live in the United States? 
Your spouse must go through a three-step process to become authorized to live and work in the United States. First, the Immigration and Naturalization Service must approve an immigrant petition (application), Form I-130 Petition for Alien Relative, that you file for your spouse. Second, the State Department must give your spouse an immigrant visa number, even if your spouse is already in the United States. Third, if your spouse is already in the United States, your spouse may apply to adjust to permanent resident status. If your spouse is outside the United States, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If you are a U.S. citizen, your spouse is considered an "immediate relative" and will need to apply for an immigrant visa. In order to receive an immigrant visa your relationship with your spouse must be established and your spouse must be admissible to the United States under the immigration law. You must file a Form I-130 Petition for Alien Relative on your spouse's behalf. Your spouse may file a Form I-485 Application for Adjustment of Status to Permanent Resident at the same time. If you have been married less than two years when your spouse is approved for permanent residence, your spouse will receive conditional permanent resident status. You and your spouse must apply together to remove the conditions on residence. 

(3) How do I remove the conditions on permanent residence based on marriage?
A lawful permanent resident is given the privilege of living and working in the United States permanently. Your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or receive adjustment of status. Your permanent resident status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country. If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country. If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate application if your child received conditional resident status more than 90 days after you did. 

(4) Who is eligible for a fiancé visa? 
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé classification (K-1) for their fiancé. You and your fiancé must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé in person within the last two years before filing for the fiancé visa. This requirement can be waived only if meeting your fiancé in person would violate long-established customs, or if meeting your fiancé would create extreme hardship for you. You and your fiancé must marry within 90 days of your fiancé entering the United States. You may also apply to bring your fiancé's unmarried children, who are under age 21, to the United States. 

(5) How do I bring my fiancé to the United States? 
If your fiancé is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with INS on behalf of your fiancé. After the petition is approved, your fiancé must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé entering the United States. If the marriage does not take place within 90 days or your fiancé marries someone other than you (the U.S. citizen filing INS Form I-129F - Petition for Alien Fiancé); your fiancé will be required to leave the United States. Until the marriage takes place, your fiancé is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé may not obtain an extension of the 90-day original nonimmigrant admission. If your fiancé intends to live and work permanently in the United States, your fiancé should apply to become a permanent resident after your marriage. (If your fiancé does not intend to become a permanent resident after your marriage, your fiancé/new spouse must leave the country within the 90-day original nonimmigrant admission.) Your fiancé will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status. Your fiancé may enter the United States only one time with a fiancé visa. If your fiancé leaves the country before you are married, your fiancé may not be allowed back into the United States without a new visa. 

(6) Who is eligible to sponsor a parent? 
If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your parents to live and work permanently in the United States. If you are a lawful permanent resident, you are not eligible to petition to bring your parents to live and work permanently in the United States. 

(7) How do I bring my parents to live in the United States? 
Your parents must go through a three-step process to become an immigrant. First, the INS must approve an immigrant petition that you file for your parents. Second, the State Department must give your parents an immigrant visa number, even if they are already in the United States. Third, if your parents are already in the United States, they may apply to adjust to permanent resident status. If they are outside the United States, they will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. 

(8) Who is eligible to sponsor a sibling? 
If you are a U.S. citizen and at least 21 years old, you are eligible to petition to bring your brother or sister to live and work permanently in the United States. If you are a lawful permanent resident, you are not eligible to apply to bring your brother or sister to live and work permanently in the United States. You do not need to file separate visa petitions for your brother or sister's spouse or unmarried, minor children. Any child under 21 is considered a minor. 

(9) How do I file the visa petition?
 You do not need to file separate applications for your brother or sister's spouse or unmarried, minor children. Any child under 21 is considered a minor. If you are seeking permanent resident status for your brother or sister, and you have the same mother, you must file the following items with the Immigration and Naturalization Service: 

1. INS Form I-130 Petition for an Alien Relative,
2. your birth certificate (copy) showing the name of your mother,
3. your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States, and
   
4. a copy of your brother or sister's births certificate showing the name of the mother.

If you are seeking permanent resident status for your brother or sister, and you have the same father but different mothers, you must file the following items with the Immigration and Naturalization Service: 

1. INS Form I-130 Petition for an Alien Relative, 
2. your birth certificate (copy) showing the name of you and your father, 
3. your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States,
   
4. a copy of your brother's or sister's birth certificate, showing your father's name,
5. a copy of your father's marriage certificates to both mothers, and
6. a copy of divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by your father or mothers ended legally.
   

If you or your brother or sister is illegitimate and related through your father, you must file the following items with the Immigration and Naturalization Service:

1. Form I-130 Petition for an Alien Relative, 
2. your birth certificate (copy) showing the names of you and your father, 
3. your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States, 
   
4. a copy of your brother or sister's birth certificate showing your father's name, and 
5. evidence that an emotional or financial bond existed between your father and you and/or your brother or sister before you and/or your brother or sister was married or reached the age of 21. 
   

If your brother or sister are legitimated and related through your father, you must file the following items with the Immigration and Naturalization Service:

1. INS Form 1-130 Petition for an Alien Relative,
2. your birth certificate (copy) showing the names of you and your father,
3. your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States,
   
4. A copy of your brother's or sister's birth certificate showing your father's name, and
5. Evidence that you and /or your brother or sister were legitimated before reaching the age of 18 through the marriage of your brother's or sister's natural parents, the laws of your brother's or sister's country, or the laws of your father's country.
   

If you are petitioning for permanent resident status for your stepbrother or stepsister and you share a common mother, you must file the following items with the Immigration and Naturalization Service: 

1. INS Form I-130 Petition for Alien Relative,
2. your birth certificate showing your name and the name of your mother, as well as your Certificate Naturalization or Citizenship (copy) if you were not born in the United States, and
   
3. A copy of your stepbrother or stepsister's birth certificate showing their name and the name of your mother.
   

If you are petitioning for permanent resident status for your stepbrother or stepsister and you share a common father, you must file the following items with the Immigration and Naturalization Service: 

1. INS Form I-130 Petition for Alien Relative,
2. your birth certificate showing your name and that of your father,
3. The birth certificate of your step brother or step sister showing their name and that of your father,
   
4. Your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States, and
   
5. The marriage certificates of your father to both your natural mother and your step brother or step sister's natural mother, and proof of legal termination of all prior marriages of your father and both your mother and your step brother or step sister's mother.
   

If you or your stepbrother or stepsister are illegitimate and related through your father, you must file the following items with the Immigration and Naturalization Service:

1. INS Form I-130 Petition for Alien Relative, 
2. your birth certificate showing your name and that of your father,
3. your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States,
   
4. the birth certificate of your stepbrother or stepsister showing their name and that of your father, and
   
5. Proof that a bona fide parent child relationship existed between your father and you and/or your stepbrother or stepsister prior to you and/or your sibling attaining the age of 21.
   

If you or your stepbrother or stepsister are legitimated and related through a common father, you must file the following items with the Immigration and Naturalization Service. 

1. INS Form I-130 Petition for Alien Relative, 
2. your birth certificate showing your father's name,
3. your Certificate of Naturalization or Citizenship (copy) if you were not born in the United States,
   
4. The birth certificate of your step brother or step sister showing their name and your father's name, and
   
5. Evidence that you and/or your step brother or step sister were legitimated before reaching the age of 18 through the marriage of your father and your natural mother(s), the laws of your step brother or step sister's country, or the laws of your father's country.
   

The INS will notify you if your I-130, Petition for Alien Relative is approved or denied. If it is approved, your brother or sister will be notified when a visa number is available. If your sibling is outside the country, your brother or sister must then go to the local U.S. consulate to complete visa processing. If your brother or sister is legally inside the United States when a visa number becomes available, your brother or sister should apply to adjust to Permanent Resident Status. 

(10) How do I become an immigrant based on employment? 
An immigrant is a foreign national who is authorized to live and work permanently in the United States. You must go through a multi-step process to become an immigrant based on employment. 

1. The INS must approve an immigrant petition (application) that was filed for you, usually by an employer.
   
2. In most employment categories (See EB-2 and EB-3 eligibility and filing information below), a U.S. employer must complete a labor certification request (ETA 750) for you from the Department of Labor's Employment and Training Administration.
   
3. The State Department must give you an immigrant visa number, even if you are already in the United States.
   
4. If you are already in the United States, you must apply to adjust to permanent resident status when a visa number becomes available. If you are outside the United States when an immigrant visa number becomes available; you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. 
   

(11) Who is eligible for employment-based immigration?
 There are five categories of employment-based immigration:

1. First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
   
2. Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
   
3. Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
   
4. Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
   
5. Fifth Preference (EB-5 Employment Creation): If you would like to be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise. 
   

If you are able to meet the criteria for any of the above categories, then you may be eligible to immigrate to the United States based upon employment. 

Asylum is approved, you may apply for a Refugee Travel Document. This document will allow you to travel abroad and return to the United States. 

Generally, you may appeal within 33 days of receiving the denial by mail. Your appeal must be filed on INS Form I-290B. The appeal must be filed with the office that made the original decision. After your appeal form and a required fee are processed, the appeal will be referred to the Administrative Appeals Unit (AAU) in Washington, DC. 

(12) What is "Adjustment of Status"? 
If you are in the United States under a non-immigrant status, you may be able to adjust your status to another non-immigrant status or even an immigrant status without leaving the United States. By adjusting your status in the United States, you may be able to avoid the possible obstacles involved in leaving the United States and attempting to reenter. 

(13) When does my status as a permanent resident begin?
 Your status as a permanent resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as Alien Registration Card). 

(14) How can I become a United States citizen? 
A person may become a U.S. citizen (1) by birth or (2) through naturalization. 

(15) Who is born a United States citizen? 
Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens:

1. Born in the United States. If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.
   
2. Birth abroad to TWO (2) United States citizens. In most cases, you are a U.S. citizen if ALL of the following are true:
   
   i. Both your parents were U.S. citizens when you were born; and 
   ii. at least one of your parents lived in the United States at some point in their life.
   
   Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with INS. 
3. Birth abroad to ONE (1) United States citizen. In most cases, you are a U.S. citizen if ALL of the following are true: 
   
   i. One of your parents was a U.S. citizen when you were born; 
   ii. Your citizen parent lived at least 5 years in the United States before you were born; and 
   iii. At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday*. 
   
   Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with INS to get a Certificate of Citizenship.
   

 *If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday. 

(16) How do I become a naturalized citizen?
 If you are not a U.S. citizen by birth, you may be eligible to become a citizen through naturalization. People who are 18 years and older use the "Application for Naturalization" (Form N-400) to become naturalized. Children who are deriving citizenship from naturalized parents use the "Application for a Certificate of Citizenship" (Form N-600) to become naturalized. Call the INS Forms Line at 1(800) 870-3676 to request a Form N-600. 

(17) What are the general requirements for Naturalization? 
General Naturalization Requirements:

1. Age - Applicants must be at least 18 years old. 

2. Residency - An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status. 

3. Residence and Physical Presence - An applicant is eligible to file if, immediately preceding the filing of the application, he or she: 

1. has been lawfully admitted for permanent residence (see preceding section);
2. has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with absences from the United States totaling no more than one year;
   
3. has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year break the continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period), and
4. has resided within a state or district for at least three months 

4. Good Moral Character 
Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she: 

1. has committed and been convicted of one or more crimes involving moral turpitude;
2. has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more; 
3. has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana; 
4. has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more; 
5. has committed and been convicted of two or more gambling offenses; 
6. is or has earned his or her principle income from illegal gambling; 
7. is or has been involved in prostitution or commercialized vice; 
8. is or has been involved in smuggling illegal aliens into the United States; 
9. is or has been a habitual drunkard; 
10. is practicing or has practiced polygamy; 
11. has willfully failed or refused to support dependents; or 
12. has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act. 
    

An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions. 

5. Attachment to the Constitution - An applicant must show that he or she is attached to the principles of the Constitution of the United States. 

6. Language - Applicants for naturalization must be able to read, write, speak, and understand words in ordinary usage in the English language. Applicants exempt from this requirement are those who on the date of filing: 

1. have been residing in the United States subsequent to a lawful admission for permanent residence for at least 15 years and are over 55 years of age; have been residing in the United States subsequent to a lawful admission for permanent residence for at least 20 years and are over 50 years of age; or
2. have a medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn English.
   

7. United States Government and History Knowledge - An applicant for naturalization must demonstrate a knowledge and understanding of the fundamentals of the history and of the principles and form of government of the United States. Applicants exempt from this requirement are those who, on the date of filing, have a medically determinable physical or mental impairment, where the impairment affects the applicant's ability to learn U.S. History and Government Applicants who have been residing in the U.S. subsequent to a lawful admission for permanent residence for at least 20 years and are over the age of 65 will be afforded special consideration in satisfying this requirement. 

8. Oath of Allegiance - To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:

1. support the Constitution and obey the laws of the U.S.; 
2. renounce any foreign allegiance and/or foreign title; and 
3. bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required. 
   

In certain instances, where the applicant establishes that he or she is opposed to any type of service in armed forces based on religious teaching or belief, INS will permit these applicants to take a modified oath. 

(18) Where is my local INS office? 
For information about the INS office that serves your area, see your local white pages in the phonebook. In addition, you may also call the local bar association. 

(19) Where can I get help with my immigration problems? 
If you have the financial resources, an attorney who specializes in immigration law is a good place to start. If you do not have the financial ability to pay for the services of an attorney, calling your local bar association is a good recommendation. The bar will have a list of organizations and attorneys who will work for little or no money. In addition, if you are having trouble filling out the forms, you can contact your local INS office for assistance. 

(20) What about the "Immigration Clinics" I see advertised on flyers? 
Be vary cautious about anyone who is not an attorney, or who is not recommended by your local bar association. The area of immigration is filled with many people who play upon the fear of an immigrant. There are many "professionals" who claim that they will help you. However, many unscrupulous individuals take your money and then disappear. If you are the least bit suspicious about the credentials of your attorney or of the ability of a non-attorney in helping you fill out an immigration form, go somewhere else. Lastly, keep in mind, only a licensed attorney may provide legal advice or appear before the Immigration Court. A non-attorney who attempts to help you is limited to helping your fill out paper work. If you believe that you have been taken advantage of, contact your local bar association.