A dual intent visa allows foreign nationals to be temporarily present in the United States with the intention of possibly immigrating to the U.S. permanently. That’s significant because most temporary visas require that the visitor intend to return home. Thus, attempting to adjust status to permanent resident with other nonimmigrant visas can potentially trigger severe, long-term immigration problems.
Most people will find it difficult to qualify for a U.S. nonimmigrant visa, such as a visitor visa, if there is any evidence of immigrant intent—a past intent, an intent to seek to immigrate during this trip to the U.S., an intent to immigrate to the U.S. in the future, or even a hope to immigrate in the future. The applicant must prove that he or she has nonimmigrant intent.
The children of naturalized U.S. citizens generally become citizens automatically. In other words, current law extends U.S. citizenship to the permanent resident children of parents that become citizens through naturalization. After filing Form N-400 and being granted U.S. citizenship, the parent can also apply for child citizenship in the form of a Certificate of Citizenship. Even if the parent forgot to file the application for the child, the child may obtain the certificate many years later. If the child is over the age of 18, he or she will have to fill out the form for themselves.
The steps to obtain a family-based green card — officially known as a permanent resident card — vary based on the qualifying family relationship and where you live (inside the United States or outside).
If you would like to petition (sponsor) a family member for a green card or you are a foreign national that wants to permanently move to the United States, this article provides a basic overview of the eligibility categories and family-based green card process.
The K-3 visa process was designed to help shorten the physical separation between a foreign citizen and his or her U.S. citizen spouse. In theory, it’s the perfect solution for many couples that want to move to the United States together without an extended separation associated with the immigration process. In practice, the K-3 visa process is rarely used. While it remains a component of immigration law, most couples have a tough time obtaining one.
You are outside the United States. Perhaps you’re visiting family or traveling on business, and you realize that your green card is expiring, already expired or even missing. You already know that having valid, unexpired proof of permanent resident status is critical for reentry at a U.S. port of entry. What to do? First, it’s important to understand that green card renewal from outside the U.S. is not an option. You’ll need to be physically inside the United States to renew a green card.
However, there are solutions to get you home. U.S. Citizenship and Immigration Services USCIS) does not support green card renewal from outside the U.S., but there are various ways to return to the United States after temporary travel abroad. Each depends on your specific situation.
Marriage green card is a common phrase used to describe a permanent resident card obtained through marriage to a U.S. citizen or lawful permanent resident. Permanent residence is an immigration status that allows a foreign national to live and work in the United States permanently. Generally, the permanent resident may also choose to naturalize as a U.S. citizen once eligible.
A marriage-based green card can be one of the quickest ways to obtain permanent residence. The marriage alone doesn’t provide any immigration status to a foreign national. But marriage to a U.S. citizen or permanent resident is a qualifying relationship for a foreign national to apply for immigration benefits.
In the vast majority of cases, the path to citizenship in the United States goes through permanent resident status (green card holder). In other words, you generally must become a permanent resident before you can naturalize as a U.S. citizen. Therefore, to discuss the various paths to U.S. citizenship, we must illustrate the different ways to get to green card status.
Most people arrive in the U.S. and become permanent residents through family-based immigration. However, eligibility can also be derived from employment, asylum/refugee status and certain humanitarian reasons. There are even paths to citizenship for certain individuals currently with DACA, TPS or no status (undocumented). After becoming a permanent resident, the majority of citizenship applicants qualify for naturalization based on five years of continuous residence.
The requirements for petitioning a foreign citizen spouse for permanent residence (green card) are more exhaustive than any other relationship. When filing Form I-130, Petition for Alien Relative, the petitioner must also submit other supporting documents to evidence the relationship. We’ve developed an I-130 checklist for spouses to help you through this process.
Immigration officials, from the U.S. Department of State and also U.S. Citizenship and Immigration Services (USCIS), have an additional layer of scrutiny for spousal relationships. After all, sham marriages are one of the most common ways to commit green card fraud. Immigration officials want to be sure that your spouse is obtaining a green card based on a genuine relationship.
This Thanksgiving as you debate President Trump’s most outrageous quotes at the dinner table, take a moment to thank an immigrant.
Immigration reform may have many Americans divided, but we should all agree on this – immigrants have given back to America in spades. Immigrant contributions to this country are endless. For over two hundred years, immigrants’ contributions have helped shape the United States into what it is today. Let’s give thanks. Continue reading →
Under current law, the vast majority of people born in the United States and its territories are born as U.S. citizens. But that isn’t true for everyone. Today, individuals born in American Samoa and Swains Island are generally U.S. nationals. Over the course of U.S. history (and depending on the law at that time), some individuals born in U.S. possessions were born U.S. nationals that do not have the same rights, duties and benefits as U.S. citizens.
However, U.S. nationals who wish to become U.S. citizens have a fairly straight forward path. After establishing residence in a U.S. state, U.S. nationals may generally file an application to naturalize as a citizen.