|
21550 Oxnard St.
Suite 660
Woodland Hills, CA 91367
Telephone:
818-710-7722
Fax:
818-710-7782
E-mail:
im@gandhinet.com
|
Who creates immigration law?
The US Constitution provides Congress the power "To establish a uniform Rule of Naturalization," in Article I, Section 8, clause 4. With this authority the US Congress passes laws regulating immigration as well as laws that are applied to US citizens. The immigration laws passed by Congress are found in Title 8 of the United States Code.
Because Congress cannot feasibly make laws governing all the detailed aspects of immigration, the Immigration and Naturalization Service is authorized to make regulations that provide further rules on immigration law
.
I'm in the US already but want to change my status to that of a temporary worker. Do I need another visa?
If you are already in the U.S. and are changing from one nonimmigrant status to temporary worker status, a visa is not required. However, a visa may be required if you leave the U.S. and wish to re-enter within the time frame for which you were admitted.
How can I become a permanent resident of the US?
You must go through a multi-step process to become an immigrant. First, the INS must approve an immigrant petition for you, usually filed by an employer or relative - (certain applicants such as investors or workers with extraordinary ability can petition on their own behalf). Second, the State Department must give you an immigrant visa number, even if you are already in the United States. If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.
The following is a list of some of the most common ways used to apply for permanent residency which are further described on this website.
- Immigration through a family member
- Immigration through employment
- Immigration through investment
Adjusting to lawful permanent resident status as an asylee or refugee
Immigration through the Diversity Lottery
This is not an exhaustive list. There is law relevant to international adoption of orphans through which one can establish permanent residency. The Legal Immigration Family Equity Act covers residency and advance visas for spouses and children of citizens or permanent residents. The Violence Against Women Act as well as country specific laws (Cuban Adjustment Act, Immigration through the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA), Immigration through the Nicaraguan Adjustment , Central American Relief ACT ) allow women, Cubans, Haitians, Nicaraguans and other Central Americans to immigrate and establish permanent residency under certain specific circumstances. Call your INS agent or attorney to find out more about these options.
What is a visa and what do I need it for?
A visa is a permit to apply to enter the US. It classifies your visit or stay in the US as a business visit, visit for tourism etc and is valid for multiple entry during a specified period of time. For a temporary visit you need to obtain a nonimmigrant visa. For permanent residency you need to obtain an immigrant visa.
Under the Visa Waiver Program, nationals of participating countries do not require a visa to apply to enter the United States as a visitor for business or pleasure (B-1 or B-2 visa categories), if staying for no more than 90 days.
Canadians do not generally require a nonimmigrant visa unless they are coming to the United States as a Treaty Trader.
|
