Immigration Lawyers FAQ

Frequently Asked Questions Regarding Immigration in Minnesota

What Is a Visa?

Put simply, a visa is a travel document that enables its owner to apply for entry to the United States. The type of visa you need depends upon your reason for visiting the U.S. It’s important to understand that a visa does not not necessarily give permission for you to enter the United States. Customs and Border Protection officers review visas and details such as the length of your visit, your reason for your stay, and the conditions of the visit before deciding whether to allow you to enter the U.S. as a non-citizen.

How Does the Visa Process Work?

There are two types of visas: a non-immigrant visa for temporary visits and an immigrant visa for individuals with plans to live in the U.S. permanently. The United States classifies visas based on the purpose of your visit. For example, an athlete must apply for a B-1 visa, while a temporary worker must secure an H visa.

The type of visa you receive might also require additional approvals from other agencies such as USCIS or an employer, if you are a temporary worker. Visa applicants must also pay fees and participate in a visa interview.

Do I Need a Sponsor?

Yes, in the majority of cases, having a U.S. citizen, U.S. lawful permanent resident, or an employer sponsor you for immigration to the U.S. is the first step in your immigration journey. Although there are a few exceptions to this rule, it’s usually safe to assume that immigrants looking to come into the United States will need sponsors.

What Is Family-Based Immigration?

Family-based immigration allows United States citizens and lawful permanent residents to sponsor specific family members to bring them into the country. If applying through the family-based category, individuals coming into the US are classified as either immediate relatives or as part of the family preference system. The immediate relatives classification applies to spouses, children under 21 years of age, or parents of American citizens. Adult children, brothers, and sisters of citizens and spouses and children of lawful permanent residents are part of the family preference system.

What Is Employment-Based Immigration?

Employment-based immigration allows an immigrant with employable skills sought by businesses to enter the United States either temporarily or permanently. Businesses can use many types of temporary visas to hire people from outside the United States for specific roles over a limited amount of time. This stipulation can mean that the employee has a limited ability to switch jobs; therefore, the majority of individuals on an employment-based visa would have to leave the United States when their employment ends.

What Is Refugee Status?

USCIS defines refugee status as protection for individuals unable to return to their home country due to persecution based on race, religion, nationality, social group membership, or political beliefs.

What Is Asylum?

Asylum is a way to seek refuge in the United States if you face persecution in your home country. You may qualify for asylum or other forms of protection if you face persecution for one or more of the following:

• Political opinion
• Religion
• Race
• Ethnicity
• Membership in a group, which includes many different reasons for persecution

Victims of domestic abuse and female genital mutilation can also seek protection. Whether the persecution comes from the government or a group the government cannot or will not control, individuals may apply for asylum. Act quickly; in the majority of circumstances, asylum applications must be submitted within one year of entering the US. Reach out to an immigration attorney at RSC Law to see if we can still assist you even after this deadline.

How Do I Apply for Refugee Status?

To seek refugee status in the U.S., individuals must first be referred by the U.S. Refugee Admissions Program (USRAP). If accepted, applicants undergo screening, an interview, and a medical exam before being provided assistance with travel plans and loans. Additional support like cultural orientation and financial aid is provided if necessary. Only 1% of refugees worldwide are referred to the U.S. through this process.

An individual applying for refugee status in the United States must secure a referral from the USRAP (U.S. Refugee Admissions Program). Upon acceptance, they are assisted with their application and participate in an interview with an officer from the USRAP to determine eligibility. As soon as they are approved to enter the United States, refugees undergo a medical examination and are provided cultural orientation, assistance with travel, a loan, and, if needed, additional medical and financial support. 

Depending on the individual’s country of origin, they may be subject to additional screening such as iris scans, if the country has connections to terrorism. Additionally, more than six other U.S. agencies, including the FBI and National Counterterrorism Center, review these cases. Expect the process to take anywhere from 18 to 24 months. Approved applicants must apply for a green card within one year.

What Is a Green Card?

The United States issues a green card for permanent residents who are not U.S. citizens. It enables an individual to live and work in the country legally.

How Do I Secure a Green Card?

A person can become eligible in three primary ways:

1. Family — immediate relatives or family members of a U.S. citizen or green card holder. An immediate relative can earn priority status.
2. Employer — noncitizens can earn green cards through either a permanent position with a U.S. employer or by investing in or starting an enterprise that leads to U.S. jobs
3. Refugee or Asylee Status — This pertains to individuals who have fled their home countries due to persecution, war, or violence that have demonstrated a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, and have achieved refugee status. Asylees, already present in the U.S. or at a port of entry, that have successfully sought protection based on the same criteria as refugees can secure green cards. 

How Do Individuals with Green Cards Become U.S. Citizens?

If you’ve had a green card for five years and are in good standing, you can apply for U.S. citizenship. Fill out forms, have your biometrics taken, then pass an English and civics test during an interview. If you need a retest, you must wait 60-90 days. Once you pass, you can take the Oath of Allegiance and officially become a citizen.