IMMIGRATION LAW FAQS

Are asylum status and refugee status similar? If not, how do they differ?

A refugee applies for protection while outside of the United States; before he or she departs for the United States. An applicant for asylum is a foreign national already physically in the United States, even surreptitiously, or at its borders, when he or she seeks protection. These terms are often used interchangeably to refer to foreign nationals who fear political, race, nationality, religious, or social persecution in their home country.

What is the difference between immigrant and non-immigrant visas?

For purposes of U.S. immigration law, an "immigrant" visa is issued to a foreign national seeking to enter or remain in the U.S. as a permanent resident. A "nonimmigrant" visa is issued to a foreign national seeking to enter or remain in the U.S. temporarily for a specific purpose, such as tourism, conducting a business meeting, studying at a university, or working for a U.S. company. 

What is registry?

A person who has continuously lived in the U.S. since January 1, 1972, and is of good moral character, may apply to become a permanent resident, even if he or she has lived here without valid immigration documents. There is an additional registry provision for persons who entered the U.S. before July 1, 1924.

Who can be denied US citizenship?

1. If you advocate or if you are a member of any organization that is opposed to organized government (i.e., if you preach and practice anarchy).
2. Membership in communist organizations.
3. If you advocate the overthrow of the U.S. Government by force, sabotage, violence or terrorism.
4. If you publish any material advocating the methods of item (c).
5. Exemption from service in the armed forces of the U.S. (unless the alien status does not permit the individual to serve in the armed forces or if the alien had served in the armed forces of his or her own country).
6. Desertion from military forces and draft evasion results in permanent ineligibility for citizenship.
7. Individuals with certain criminal convictions, including both misdemeanors and felonies.

How long can US Citizens live in another country? 

As long as they like, as far as U.S. laws are concerned.

What is a green card?

"Green card" is a term often used to refer to lawful permanent residence in the United States. Lawful permanent residents have the right to live and work indefinitely in the United States, as well as to petition for certain family members to get green cards. Lawful permanent residence is also the first step toward becoming a citizen of the U.S. ("naturalizing"). There are a number of different ways to become a lawful permanent resident of the U.S., including through a family member; through an employer; by being granted asylum or refugee status; or through the diversity visa lottery.

What is TPS?

Temporary Protected Status, known as TPS, allows people from certain designated countries that have experienced natural or other disasters to remain in the U.S. until conditions at home allow for a safe return. Each year the Attorney General designates which countries are eligible for TPS. Currently, those countries are Burundi, El Salvador, Honduras, Nicaragua, Somalia, and Sudan. TPS is usually designated for between 12 months and 18 months from the date of its enactment and then is reviewed to determine whether it is safe for persons to return home or whether the designation should be renewed for another year. Persons with TPS are eligible to work and remain lawfully in the U.S. until the designated period ends.

What is the difference between "change of status" and "adjustment of status"?

Change of status refers to the process of changing from one nonimmigrant status to another, such as from a student to a temporary worker. Adjustment of status refers to the process of becoming a lawful permanent resident of the U.S.