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Q: What is the process by which a foreign citizen or national can become a U.S. citizen?
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A: A person can undergo naturalization in the United States if he or she qualifies to do so. Naturalization makes a foreign national into a new U.S. citizen; the qualified applicant must pass tests about the United States, show English language proficiency, and make a loyalty oath.
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Q: What are the benefits that are conferred upon a U.S. citizen?
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A: Naturalized American citizens have many rights, including the right to vote, to hold public office (except that of the Vice-President or President), to extend U.S. citizenship to their children, and to obtain visas for immediate relatives.
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Q: What is the basis for being deported?
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A: Deportation occurs when an alien has been found to have violated certain immigration laws and results in the alien forfeiting his or her right to remain in the United States.
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Q: What are the consequences of deportation?
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A: The immigration authorities will physically remove the deportee from the country.
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Q: How is the deportation process initiated?
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A: The Bureau of Immigration and Customs Enforcement issues a Notice to Appear (NTA) containing the reason why the alien should be deported. The NTA is served to the alien and filed with the immigration court. A hearing is scheduled, and at that hearing, an immigration judge will determine if the information in the NTA is correct. If it is, deportation of the alien will be ordered.
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Q: Can a deportation order be appealed?
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A: Yes. The alien has 30 days to appeal the decision to the Board of Immigration (BIA). If the BIA decides against the alien, the matter can be appealed to the US Court of Appeals. If the Court of Appeals also finds against the alien, the matter can be appealed to the United States Supreme Court.
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Q: Under what circumstance will a foreign spouse obtain a conditional permanent resident status in the United States?
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A: A foreign spouse will obtain contidional permanent resident status if such status is based on a marriage that was less than two years old from the day the permanent resident status was granted.
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Q: Under what circumstance will a foreign fiancé(e), who has been admitted into the US for the purpose of getting married, be required to leave the US?
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A: If the marriage to the US citizen who filed the petition to permit the fiancé(e) into the US does not take place within 90 days of entering the US, the fiancé(e) will be required to leave the country.
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Q: Can a U.S citizen file an application to adopt a foreign-born child before the citizen has identified a child to adopt?
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A: Yes. A married US citizen, or an unmarried citizen who is at least 24 years of age and will be at least 25 when the petition is actually filed, may speed up the adoption process by filing a Form I-600A, Application for Advance Processing of Orphan Petition.
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Q: Can a fee for immigration related services be waived?
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A: Yes. The US Citizenship and Immigration Services (USCIS) has discretion to waive a filing fee if the applicant can establish that he or she is unable to pay. In order to have the USCIS consider waiving a fee, the applicant must follow specific instructions, including completion of a form for review by the USCIS.
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Q: What is an immigrant visa?
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A: An immigrant visa is a document that allows a person who plans to move to the United States on a permanent basis to apply for entry to the US. People who wish to become permanent residents of the US may qualify for an immigrant visa based on employment, a family relationship, diversity immigrant or refugee status, or other special circumstances.
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Q: What is the difference between an immigrant visa and a nonimmigrant visa?
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A: An immigrant visa holder who is granted admission to the United States is issued a Form I-551 (also known as a "green card") and becomes a permanent resident alien. A permanent resident alien may live and work indefinitely in the US. On the other hand, a nonimmigrant visa holder who is granted admission to the US may only live in the US for a limited period of time and for a particular purpose (to seek medical attention, conduct business, or study, for example).
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