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FAQ
Frequently Asked Questions

  • 1. How do I obtain permanent residence (i.e., green card status) in the U.S.?
    There are several ways you may be eligible to apply for a green card. The most common way is through family relationships. For example, marriage to a U.S. citizen or lawful permanent resident, or a U.S. citizen child over the age of 21 petitioning for a parent. A U.S. company may sponsor you for a green card as a future employee through a process called labor certification. The EB-5 program, through which you must make a minimum investment in a commercial enterprise or regional center and create at least 10 full-time jobs. As a victim of physical, emotional, psychological abuse by a U.S. citizen partner, parent, or child, you may qualify to self-petition for your permanent residence. You are granted asylum after successfully demonstrating that you were persecuted or have a fear of future persecution in your home country due to your nationality, race, religion, political opinion, or membership in a particular social group. In order to file for permanent residence within the U.S., the beneficiary must generally maintain lawful status until a visa number becomes available, although exceptions may apply. Visa availability depends on the family or employment relationship, when the petition was filed, and the beneficiary’s country of origin.
  • 2. Am I eligible to apply for U.S. citizenship?
    To be eligible, you generally must have: been a permanent resident for at least five years, or three years if married to and living with a U.S. citizen; resided in the U.S. for more days than abroad during that time period; taken no extensive trips outside the U.S. of six months or longer at any point during that timeframe; and no arrests or convictions in the past five years.
  • 3. I want to study in the U.S. How do I do that?
    The F-1 visa allows individuals to enter the U.S. as a full-time student at an accredited college, university, other academic institution, or in a language training program. Your school must be approved by the Student and Exchange Visitors (SEVIS) Program, Immigration & Customs Enforcement. You must be proficient in English or be enrolled in courses leading to English proficiency. You must also have sufficient funds available to support yourself during the entire proposed course of study. Finally, you must maintain a residence abroad which you have no intention of giving up.
  • 4. I want to start business in the U.S. Is there a visa for that?
    If you are a national of a country with which the U.S. maintains a treaty of commerce, and you have the funds to invest a substantial amount of capital in a U.S. business, you may be eligible for an E-2 investor visa. To be eligible, you must: be from a treaty country; invest a substantial amount of capital in a bona fide enterprise in the U.S.; and seek to enter the U.S. solely to develop and direct the investment enterprise.
  • 5. My fiancé(e) lives abroad. Can I petition for them to come to the U.S. before we get married?
    Yes. If you are a U.S. citizen, and you and your fiancé(e) have met in person at least once in the past two years, you may petition for them. Your fiancé(e) will be interviewed at the U.S. consulate in their home country and, if approved, they will be granted a K-1 visa. Once the visa is issued, your foreign fiancé(e) must enter the U.S. within 6 months. Once in the U.S., you and your foreign fiancé(e) must legally marry within 90 days. After the marriage, they can apply for permanent residence.
  • 6. What is Temporary Protected Status?
    Temporary Protected Status (TPS) is a temporary status given to nationals of eligible designated countries who are present in the U.S. and whose home country is unsafe to return to due to armed conflict, natural disasters, or other extraordinary temporary circumstances. TPS holders are allowed to live and work in the U.S. temporarily. To be eligible, you must: be a national of a country designated for TPS or a person without nationality who last habitually resided in the designated country; file during the open initial registration or re-registration period for your country of nationality; have continuously been physically present in the U.S. since the date specified for your designated country; have continually maintained a residence in the U.S. since that specified date; have not been convicted of a felony or two or more misdemeanors in the U.S.; and have not been found inadmissible under the immigration laws.
  • 7. I applied to sponsor my (Cuban, Haitian, Nicaraguan, or Venezuelan) relative in the recent parole program, but I have not heard anything. How long does the process take and should I apply again?
    CHNV parole is a humanitarian process that allows U.S. sponsors to apply for nationals of Cuba, Haiti, Nicaragua, and Venezuela to come to the United States for a period of up to two years. Up to 30,000 nationals from each country are paroled each month. To participate, eligible beneficiaries must: have a supporter in the United States; undergo security vetting; meet other eligibility criteria; and warrant a favorable exercise of discretion.

 CHNV Parole does not have set processing times. 50% of applications are chosen on a First In, First Out basis, and the remaining 50% of applications are chosen via a random lottery. If you have already applied and received a receipt notice, and have not received a request for additional information from USCIS, just be patient. You may call USCIS for periodic updates. Applying repeatedly is actually counterproductive, as duplicate applications will often be administratively closed, and it only increases the backlog, making the process slower for everyone else.
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