Applying for a green card? Read this book first.
The U.S. immigration system is an enormous bureaucracy. It’s vital that you understand all the requirements for getting a green card before starting your application – making a mistake can ruin your chances.
Fortunately, How to Get a Green Card explains the best ways to work with U.S. immigration officials, how to prepare and present the right documents, and what to expect every step of the way. Learn the quickest way to get a green card through:
-parents, siblings and adult children
-spouses and fiancés
-green card lotteries
-political asylum or refugee status
and much more
Updated with the latest laws, policies and procedures, the 6th edition is completely overhauled to concentrate on family, asylum and other immigration opportunities available to the average immigrant.
Sample Filled-In Forms
Sample Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document
Sample Form I-539, Application to Extend/Change Nonimmigrant Status
Sample Form I-129F, Petition for Alien Fiancé(e) (as used by an unmarried couple)
Sample Form I-134, Affidavit of Support
Sample Form DS-230, Application for Immigrant Visa and Alien Registration (as used by immigrating fiancé)
Sample Form DS-156, Nonimmigrant Visa Application (when used by immigrating fiancé)
Sample Form DS-156K, Nonimmigrant Fiancé(e) Visa Application
Sample Form I-130, Petition for Alien Relative(as used for an immigrating husband or wife)
Sample Form I-129F, Petition for Alien Fiancé(e) (as used by a married couple)
Sample Form I-751, Petition to Remove the Conditions on Residence
Sample Form G-325 A, Biographic Information
Sample Form I-130, Petition for Alien Relative (as used for immigrating parents)
Sample Form I-130, Petition for Alien Relative (as used for immigrating children)
Sample Form N-600, Application for Certificate of Citizenship
Sample Form I-600A, Application for Advance Processing of Orphan Petition
Sample Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
Sample Form Form I-130, Petition for Alien Relative (as used for immigrating brothers or sisters of U.S. citizens)
Sample Form I-589, Application for Asylum and for Withholding of Removal
Sample Form I-730, Refugee/Asylee Relative Petition
Sample Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
Sample Form I-485, Application to Register Permanent Resident or Adjust Status
Sample Form I-765, Application for Employment Authorization
Sample Form DS-230, Application for Immigrant Visa and Alien Registration
Sample Form I-134, Affidavit of Support
Sample Form I-864, Affidavit of Support Under Section 213A of the Act
Sample Form I-864A, Contract Between Sponsor and Household Member
Sample Form DS-230 Part II, Application for Immigrant Visa and Alien Registration
Sample Form I-90, Application to Replace Permanent Resident Card
Sample Form I-131, Application for Travel Document
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Introduction
Are you a foreign-born person who's interested in making your home in the United States? If so, this book may be just the ticket to finding out whether you're eligible for permanent U.S. residence, also known as a "green card." A green card gives you the right to live and work in the United States your whole life, travel in and out of the country without too much hassle, sponsor certain family members to join you, and, if all goes well for a few years, apply for U.S. citizenship.
This book will help you learn the application procedures, fill out the various forms, and pick up tips for dealing with often-difficult government officials. However, many types of people won't get the help they need from this book, so read this chapter carefully before you continue!
GREEN CARDS ALSO COME WITH CERTAIN LIMITATIONS. It's not a completely secure status. For example, you can lose your right to your green card if you:
commit a crime
don't make your primary home in the United States
forget to report your change of address to the immigration authorities
involve yourself in terrorist or subversive activities, or
otherwise violate the immigration laws.
A. Types of Green Cards We Cover
This book was designed to help the "average" person; for example, someone who doesn't have a million dollars to invest, isn't internationally famous, and hasn't received a job offer from a U.S. employer. That's why we've limited our discussion to the following types of green card opportunities:
family-based green cards, available to close relatives and adopted children of U.S. citizens and permanent residents
political asylum and refugee status, available to people fleeing certain types of persecution
the visa lottery ("diversity visa"), available to people with a certain level of education who win a random drawing
opportunities for people who have lived in the United States for ten years or more ("registry" and "cancellation of removal").
This book does not cover green cards through employment, investment, the amnesty programs of the 1980s and the followup "NACARA" program, religious workers, or other, more obscure categories. Nor does it cover temporary visas (distinct from green cards in that they expire, usually in a few years). Examples of temporary visas include student, business visitor, H-1B specialty workers, and J-1 exchange visitor visas. (For a quick overview of these temporary visas, see Chapter 3.)
DON'T CONFUSE GREEN CARDS WITH U.S. CITIZENSHIP. The highest status you can obtain under the U.S. immigration laws is citizenship. However, with only a very few exceptions, you must get a green card before you can apply for citizenship. For example, an immigrant who marries a U.S. citizen may gain the right to apply for a green card, but not yet to apply for U.S. citizenship.
ARE YOU ALREADY ELIGIBLE FOR U.S. CITIZENSHIP? If you already have a green card and have lived in the United States for five years (or three years if you've been married to a U.S. citizen), you may be eligible for U.S. citizenship. To find out more, see Becoming a U.S. Citizen: A Guide to the Law, Exam, & Interview, by Ilona Bray (Nolo).
. How Much You Can Do Without A Lawyer
The advice given in this book is for simple, straightforward cases. In other words, it's for people who clearly meet the eligibility requirements laid out in this book, and have the education and skills to understand and handle the application requirements. Many tasks can be done yourself, such as filling in forms, collecting documents, and attending interviews.
your case is more complex, however, you may need to hire a lawyer to advise or represent you, for example if:
Synopsis
Applying for a green card? Read this book first.
Table of Contents
Is This Book for You?
1. A Look at Immigration History
A. America's Earliest Settlers
B. Early Immigration Restrictions
C. Today's Immigration Laws
D. Looking Forward
2. Overview of Categories
A. Family-Based Relationships
B. Employment-Based Relationships
C. Special Immigrants
D. Entrepreneur Immigrants
E. Asylum and Refugee Status
F. Amnesties
3. Short-term Alternatives to a Green Card
A. How Do Foreigners Enter the United States?
B. Types of Visas
C. Tourists Who Can Visit Without a Visa
D. The Importance of Keeping Legal
E. How to Extend a Visitor Visa
F. Changing Your Reason for Staying
G. What to Do If Your Application Is Denied
H. Tips on Filling Out Form I-539
4. Will Inadmissibility Bar You From Getting a Green Card?
A. Inadmissibility Defined
B. The Possibility of Waiving Inadmissibility
C. Reversing an Inadmissibility Finding
D. Most Troublesome Grounds of Inadmissibility
5. How Long You'll Have to Wait
A. Immediate Relatives of U.S. Citizens: No Waiting
B. Relatives in Preference Categories: Longer Waits
C. Dealing With the Wait
D. Can You Predict How Long You'll Wait?
E. Revocation of a Petition or Application
6. Fiancé and Fiancée Visas
A. Who Qualifies for a Fiancé Visa
B. Quick View of the Fiancé Visa Application Process
C. Detailed Instructions for the Fiancé Visa Application Process
D. How to Bring Your Children on a Fiancé Visa
E. Marriage and After
7. Green Cards Through Marriage
A. Who Qualifies
B. Special Rules in Court Proceedings
C. Quick View of the Marriage-Based Green Card Application Process
D. Detailed Instructions for the Marriage-Based Green Card Application Process
E. Bringing Your Children
F. If Your Marriage Is Less Than Two Years Old
G. If You Remarry
H. Common Questions About Marriage and Immigration
8. Your Parents as Immigrants
A. Who Qualifies to Petition for the Parents
B. Who Qualifies As Your Parent
C. Quick View of the Application Process
D. Detailed Instructions for the Application Process
9. Child Immigrants
A. Who Qualifies
B. Definition of "Child"
C. Quick View of the Application Process
D. Detailed Instructions for the Application Process
E. Automatic Citizenship for Children
10. Orphan Immigrants
A. Who Qualifies As an Orphan Child
B. Who Can Petition for an Orphan Child
C. Pre-Adoption Requirements
D. Starting the Adoption Process
E. Where to File
F. After the Petition Is Approved
G. Filing for a Visa
H. Automatic Citizenship for Adopted Orphans
11. The Diversity Visa Lottery
A. Who Qualifies for the Lottery
B. How to Apply for the Lottery
C. After You Win-The Green Card Application
D. How to Bring Your Spouse and Children
12. Amerasian Immigrants
A. Who Qualifies As an Amerasian
B. Who Can Start the Process
C. Who Will Serve as a Sponsor
D. How to File
E. Where to File
13. Your Brothers and Sisters as Immigrants
A. Who Counts As Your Brother or Sister
B. Quick View of the Application Process
C. Detailed Instructions for the Application Process
D. What Happens After Filing Form I-130
14. Refugees and Political Asylees
I. Temporary Protected Status
15. Veterans and Enlistees
16. Registry: For Those in the U.S. Since 1972
17. Cancellation of Removal
18. Adjustment of Status
E. Interview and Approval
19. Consular Processing
F. Arriving in the United States
20. Private Bills
21. Inside the Immigration Bureaucracy
22. Immigration Forms: Getting Started
23. Keeping, Renewing, and Replacing Your Green Card
24. How to Find and Work With a Lawyer
Endnote: Responsibilities of the New Immigrant
Appendix: USCIS Offices
Sample Filled-In Forms
Reviews
Fort Worth Star-Telegram ...
"This book provides a nuts-and-bolts guide on obtaining a green card to work and live in the United States... A definitive book that is also easy to read."
The Irish Herald...
"Though many how-to books on the subject have been published, none have come with better credentials than this up-to-date, well-presented guide."
Library Journal...
"Highly recommended."
About the Creator
Loida Nicolas Lewis, Attorney
Loida Lewis is a former INS attorney with over 15 years experience handling U.S. immigration matters. Co-author of How to Get a Green Card, she is licensed to practice law in both New York and the Philippines.