Immigration and Visas

President Obama's Immigration Executive Action (Nov. 2014)

The President signed an Executive Order that provides three major reforms. The reforms are currently under an injunction pending the outcome of a lawsuit. The reforms, if enacted: 

1. Create the New Deferred Action for Parents of Americans (DAPA) program. This will allow undocumented people who have a U.S. citizen or lawful permanent resident son or daughter to apply for work authorization and protection from deportation, if the person has been in the U.S. since January 1st, 2010.
2. Expand the Deferred Action for Childhood Arrivals (DACA) program. This will be expanded to cover people who enter the U.S. before their 16th birthday and have lived continuously in the U.S. since January 1st, 2010. Now, people cannot age out of the DACA program, so people who were older than age 31 on June 15, 2012  are now eligible to apply.
3. Change green card eligibility for spouses of lawful permanent residents. Spouses of lawful permanent residents may be able to get their lawful permanent resident ("green card") through a waiver process.

When do the reforms take effect?

You cannot apply for these programs yet. The U.S. Government expects to begin accepting applications for the DACA program in three months, and six months for those eligible for DAPA.

Whom should I contact to learn more?

Take advice about your case only from a qualified lawyer or an accredited representative. If you know someone who is in an immigration detention center and is eligible for one of these programs, advise them to identify themselves to their case officer, or the ICE information Line at (888) 351-4024, and explain that they are eligible for one of these new programs.

How should I prepare?

You should begin preparing now by gathering documents that prove: (1) that you were in the U.S. on November 20, 2014; (2) that you have been in the U.S. since January 1, 2010; and, that you have a U.S. Citizen or lawful permanent resident as a son or daughter.

Immigration Applications

U.S. Citizenship and Immigration Services (USCIS) oversees a majority of the lawful immigration services. USCIS may be able to answer your questions regarding the immigration process or citizenship and naturalization. 

The USCIS website can help you find answers about:

• Who is eligible to immigrate
• The immigration process (application information, where to file, etc.)
• How to apply for a Green Card (permanent residence)
• Citizenship requirements
• Working in the U.S.
• Finding legal services
• Finding a medical doctor for an immigration medical exam
• Adopting children from another country

Where is the nearest USCIS Field Office?

The nearest USCIS Field Office is in New York. Please note that you must first schedule an INFOPASS appointment. They are located at:

Jacob K. Javits Federal Building
26 Federal Plaza, 3rd Floor, Room 3-120
New York City, NY 10278-0127

Where can I check on the status of my immigration application?

The USCIS My Case Status is a place to check your case status, processing times, change your address, find office locations and make e-Requests. 
 

What do I do if my application is pending for longer than the projected processing time?

If your application is pending for longer than the projected processing time on your receipt, and you have not received any notice or update from USCIS, please call the National Customer Service Center at 1-800-375-5283.

Items to have when you call:

• Your A-number
• Your receipt number
• Your most recent notice from USCIS.

Immigrant Visas

An immigrant visa is permission granted to a foreign national to permanently reside in the U.S.  According to the Department of State (DOS), “to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s), U.S. lawful permanent resident, or by a prospective employer, and be the beneficiary of an approved petition filed” with USCIS.

How do I apply for a visa?

First, USCIS must approve an immigrant petition for you, which is usually filed by an employer or a relative on your behalf. You must then wait until the DOS has a visa immediately available for you. If you receive an immigrant visa number (or “A number”), it means that an immigrant visa has been assigned to you.

If you are already in the United States, you may apply to adjust your status to become a legal permanent resident after a visa number becomes available for you. If you are outside the United States when an immigrant visa number becomes available for you, you must then go to your local U.S. embassy or consulate to complete your processing.

How long does it take to get a visa number?

In some cases, several years could pass between the time USCIS approves your immigrant visa petition and the DOS gives you an immigrant visa number.  In addition, U.S. law also limits the number of immigrant visas available by country.  This means you may have to wait longer if you come from a country with a high demand for U.S. immigrant visas. The U.S. Department of State Visa Bulletin provides information about the cut-off dates which govern visa availability.

Non-Immigrant Visas

What is a nonimmigrant visa?

Nonimmigrant visas are more commonly known as “tourist visas” or “visitor’s visas.” According to the U.S. Department of State, a nonimmigrant visa is a type of permission “for international travelers (citizens of other countries) to come into the U.S. temporarily. 

What restrictions are there for nonimmigrant visas?

The visa, placed on your passport when issued, allows you to travel to a U.S. port-of-entry (e.g. airport) and request permission of the Department of Homeland Security (DHS), Customs and Border Protection immigration officer to enter the U.S.

A visa does not guarantee entry into the U.S. Foreign nationals wishing to travel to the U.S. must apply for a visa at an American embassy or consulate abroad. A Consular Officer at the U.S. embassy or consulate decides whether you are qualified for a visa.

What happens if my nonimmigrant visa is denied?

If a visa is denied because the person failed to overcome the presumption that they intend to immigrate, they are free to reapply. If they do reapply, they are strongly advised to submit additional documented proof of their economic, social and familial ties to their country of origin. The U.S. Department of State Visa Denial FAQs provides more answers on this issue.

Where can I learn more about nonimmigrant visas?

The U.S. Department of State's travel website provides information about nonimmigrant visas. The travel website provides information on: 

• Nonimmigrant visa applications
• Visa types for temporary visitors
• Wait time information
• Traveling without a visa (visa waiver program, etc.).