Frequently Asked Questions About Immigration
CITIZENSHIP & NATUALIZATION FAQs
How can I become a United States citizen?
Individuals who are not born as a U.S. citizen can receive
citizenship through a process known as naturalization.
What are the requirements of citizenship by birth?
Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens:
- By being born in the United States.
- If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), or you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.
- Through birth abroad to TWO United States citizens.
In most cases, you are a U.S. citizen if ALL of the following are true:
- One of your parents was a U.S. citizen when you were born
- Your citizen parent lived at least 5 years in the United States before you were born, and
- At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday.
*If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10
years and 5 of those years in the United States were after your citizen parent's 14th birthday.
How can I become a citizen through the naturalization process?
If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to
become a citizen through the normal naturalization process. People who are 18 years and older can file the "Application for
Naturalization" (Form N-400) to become naturalized.
Persons who acquired citizenship from parent(s) while less than 18 years of age can file an "Application for a Certificate of Citizenship" (Form N-600) to document their naturalization. Adopted children who acquired citizenship from parent(s) should file an "Application for a Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643) to document their naturalization.
What are the requirements for naturalization?
- A period of continuous residence and physical presence in the United States
- Residence in a particular USCIS district prior to filing
- An ability to read, write, and speak English
- Knowledge and understanding of U.S. history and government
- Good moral character
- Attachment to the principles of the U.S. Constitution
- Favorable disposition toward the United States
When does my time as a Permanent Resident begin?
Your time as a Permanent Resident begins on the date that you were granted permanent resident status. This date is on your
Permanent Resident Card (formerly known as Alien Registration Card).
What kind of profession requires an H-1B visa?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion
model of distinguished merit and ability.
What is a specialty occupation?
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least
a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences,
medicine and health, education, business specialties, accounting, law, theology and the arts are specialty occupations.
As an H-IB alien, who can I work for?
H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The
petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of
Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each
employer.
How can an immigrant lose his or her green card?
The coveted green card (which is, however, not green) enables a foreign national to work in the United States. The right to work is
not absolute, however, and a green card holder can lose the card and the corresponding employment status. Generally, there are two
ways to lose a green card:
- Losing Permanent Residence Status
- Becoming Deportable
Immigrants lose resident status when they abandon the United States as their permanent home. Without the support of a continuing legal resident status, the green card becomes invalid. The quickest path to deportation is conviction of a serious crime. Serious crimes include, but are not limited to:
- Moral Turpitude
- Controlled Substances
- Prostitution
Due to the importance of a green card, if a holder is charged with a crime, he or she should seek professional legal help
immediately. Immigrants should also consult an attorney to ensure that their travel or other plans do not legally indicate an
intention to abandon resident status if they do not so intend.
FAMILY MEMBER IMMIGRATION FAQs
How can my spouse become a legal immigrant?
There is a three-step process for your spouse to become a legal immigrant:
- The USCIS must approve an immigrant visa petition that you file for your spouse.
- The State Department visa bulletin must show that a spouse immigrant visa is available to your spouse, based on the date you filed the immigrant visa application.
- If your spouse is outside the United States when your visa petition is approved and when an immigrant visa number (if required) becomes available, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your spouse is legally inside the U.S. when your visa petition is approved and when an immigrant visa number (if required) becomes available, he or she may use a Form I-485 to apply to adjust his or her status to that of a lawful permanent resident.
Can my spouse live in the U.S. while his or her visa petition is still pending?
If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle
him or her to come to the U.S. to live and work while the visa petition is pending. The Form to file for this benefit is Form
I-129F. It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work. Your spouse may wait
abroad for immigrant visa processing. However, seeking a K-3 visa can be a method for him or her to come to the U.S. more quickly.
How will my child emigrate to the U.S. from a foreign country?
- You must obtain USCIS approval of an immigrant visa petition that you file for your son or daughter.
- The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United
States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.
- If your son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using an I-485 form.
ASYLUM IMMIGRATION FAQs
What is Asylum?
Asylum is the relief granted to an alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the alien’s race, religion, nationality, membership in a particular social group, or political opinion. For persons with no nationality, the country of nationality is considered to be the country in which the alien last habitually resided. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States. These immigrants are limited to 10,000 adjustments per fiscal year.
Who is eligible to request Asylum?
Asylum may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or by filing the appropriate form. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally. Immigration lawyer Yvette Mastin has experience in requesting and achieving asylum for her immigration clients.
Can I apply for Asylum even if I am in the United States Illegally?
Yes, you may apply even if you are here illegally. You may apply for asylum regardless of your immigration status as long as you file your application within one year of your last arrival or demonstrate that you are eligible for an exception to that rule based on changed circumstances or extraordinary circumstances, and that you filed for asylum within a reasonable amount of time given those circumstances.
Will I have to undergo a background check?
Yes. Every individual who applies for asylum will be subject to a background/security check. Depending on the results of the mandatory check, you may not be eligible for a final grant of asylum. Your application may be referred to the Immigration Judge, and you may be placed in removal proceedings in Immigration Court.
Can I apply for Asylum if I have been convicted of a crime?
Yes, you may still apply. However, the particular crime that you were convicted of will determine whether or not you are still eligible to apply. Immigration lawyer Yvette Mastin has experience in assisting clients who have criminal records. In addition, immigration lawyer Yvette Mastin is an experienced federal criminal defense lawyer.
Who determines whether or not I will be granted Asylum?
This determination is made by an Asylum officer or an Immigration Judge. Many factors are taken into consideration before a decision is rendered. Immigration lawyer Yvette Mastin explains the process in detail to her clients and keeps them informed throughout the entire process.
What happens if I am granted Asylum?
You will have asylee status. You will receive an I-94 Arrival and Departure record documenting that you are able to remain indefinitely in the United States as an asylee. You will be authorized to work in the United States for as long as you remain in asylee status. You may obtain a photo-identity document from USCIS evidencing your employment authorization by applying for an Employment Authorization Document (EAD). You will also be able to request derivative asylum status for any spouse or child (unmarried and under 21 years of age as of the date you filed the asylum application, as long as your asylum application was pending on or after August 6, 2002) who was not included as a dependent in your asylum decision and with whom you have a qualifying relationship. This means that you will be able to petition to bring your spouse and/or children to the United States, or allow them to remain in the United States indefinitely incident to your asylee status.
Can a grant of Asylum be terminated?
Yes. Your asylee status may be terminated if you no longer have a well-founded fear of persecution because of a fundamental change in circumstances, you have obtained protection from another country, or you have committed certain crimes or engaged in other activity that makes you ineligible to retain asylum status in the United States.
If you or someone you know in Houston, Texas or other areas within the United States, Iran, Africa, the Middle East or anywhere else needs the assistance of an experienced immigration lawyer then contact the Law Offices of Yvette Mastin, P.C. for a consultation with an experienced immigration lawyer. The Houston, Texas based law office can be reached at (866) 715-2345 or via our convenient contact form.
