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If you want the help of a trained professional—and we’ll always point out situations in which we think that’s a good idea—consult an attorney licensed to practice in your state. Please note How to Get a Green Card by Ilona Bray, J.D., and Loida Nicolas Lewis, J.D. 8th edition EIGHTH EDITION APRIL 2008 Cover Design SUSAN PUTNEY Production MARGARET LIVINGSTON Proofreader ANI DIMUSHEVA Index SONGBIRD INDEXING SERVICE Printing CONSOLIDATED PRINTERS, INC. Bray, Ilona M., 1962- How to get a green card / by Ilona Bray & Loida Nicolas Lewis. 8th ed. p. cm. ISBN-13: 978-1-4133-0852-5 (pbk.) ISBN-10: 1-4133-0852-X (pbk.) 1. Aliens United States Popular works. 2. Emigration and immigration law United States Popular works. 3. Green cards. I. Lewis, Loida Nicolas. II. Title. KF4840.Z9L49 2008 342.7308'2 dc22 2007047045 Copyright © 1993, 1996, 1998, 1999, 2003, and 2005 by Loida N. Lewis and Len Madlansacay. Copyright © 2006 and 2008 by Nolo. ALL RIGHTS RESERVED. PRINTED IN THE U.S.A. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission. Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use. Quantity sales: For information on bulk purchases or corporate premium sales, please contact the Special Sales Department. For academic sales or textbook adoptions, ask for Academic Sales. Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, CA 94710. Acknowledgments e original authors of this book were Loida Nicolas Lewis and Len Madlansacay. Nolo thanks them for their efforts in producing a work of such ambitious scope, and one that has endured for many years. Of course, changes in immigration laws and practices have necessitated many rewrites and revisions of the original book. For help with the seventh edition, many thanks go to Attorney Carl Falstrom, who not only combed the book for legal and procedural changes, but added many helpful tips for people wanting to get through the process smoothly and quickly. For this edition we owe a huge debt of thanks to Barbara Horn, an Oakland-based attorney, for information and tips on current issues in family visa processing. Many thanks also to Jacquelyn Newman (www.familyimmigrationlaw.com), a San Francisco attorney who provided information on the latest in asylum processing. Any mistakes are, naturally, the responsibility of the authors. Table of Contents Your Immigration Companion A. Types of Green Cards We Cover 2 B. How Much You Can Do Without a Lawyer 2 C. Using is Book 3 1 Immigration en and Now A. America’s Earliest Settlers 6 B. Early Immigration Restrictions 7 C. Today’s Immigration Laws 8 D. Looking Forward 10 2 All the Ways to Get a Green Card A. Family-Based Relationships 12 B. Employment-Based Relationships 13 C. Special Immigrants 14 D. Entrepreneur Immigrants 14 E. Asylum and Refugee Status 14 F. Diversity Visa Lottery 15 G. Amnesties 15 3 Short-Term Alternatives to a Green Card A. How Do Foreigners Enter the United States? 18 B. Types of Visas 18 C. Tourists Who Can Visit Without a Visa 21 D. e Importance of Staying Legal 22 E. How to Extend a Visitor Visa 23 F. Changing Your Reason for Staying 24 G. What to Do If Your Application Is Denied 24 H. Tips on Filling Out Form I-539 25 4 Will Inadmissibility Bar You From Getting a Green Card? A. What Is Inadmissibility? 34 B. e Possibility of Waiving Inadmissibility 34 C. Reversing an Inadmissibility Finding 34 D. Most Troublesome Grounds of Inadmissibility 41 5 How Long You’ll Have to Wait A. Immediate Relatives of U.S. Citizens: No Waiting 51 B. Relatives in Preference Categories: Longer Waits 51 C. Dealing With the Wait 52 D. Can You Predict How Long You’ll Wait? 52 E. Revocation of a Petition or Application 57 6 Fiancé and Fiancée Visas A. Who Qualifies for a Fiancé Visa 60 B. Quick View of the Fiancé Visa Application Process 61 C. Detailed Instructions for the Fiancé Visa Application Process 62 D. How to Bring Your Children on a Fiancé Visa 66 E. Marriage and After 66 7 Green Cards rough Marriage A. Who Qualifies 80 B. Special Rules in Court Proceedings 81 C. Quick View of the Marriage-Based Green Card Application Process 81 D. Detailed Instructions for the Marriage-Based Green Card Application Process 84 E. Bringing Your Children 89 F. If Your Marriage Is Less an Two Years Old 90 G. If You Marry Again 92 H. Common Questions About Marriage and Immigration 93 8 Your Parents as Immigrants A. Who Qualifies to Petition for eir Parents 104 B. Who Qualifies As Your Parent 105 C. Quick View of the Application Process 107 D. Detailed Instructions for the Application Process 107 9 Child Immigrants A. Who Qualifies 112 B. Definition of “Child” 113 C. Quick View of the Application Process 116 D. Detailed Instructions for the Application Process 116 E. Automatic Citizenship for Some Children 119 [...]... illiterate laborers from central and eastern Europe This law marked the beginning of a great change in American immigration policy No immigration was permitted to the United States from the Asiatic Barred Zone In addition to China and Japan, this zone included India, Siam (Thailand), Indochina (Vietnam, Cambodia, and Laos), Afghanistan, parts of Siberia, Iran, and Arabia, and the islands of Java, Sumatra,... Thomas Jefferson some 200 years ago, remain both an inspiration and a challenge: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness ● 2 C H A P T E R All the Ways to Get a Green Card A Family-Based Relationships 12 1 Related or Engaged... Borneo, New Guinea, and Celebes After World War I, America faced economic depression and unemployment, and the immigrant became the scapegoat for hard times In 1921, a tight national-origins quota system was enacted as a temporary measure Total immigration was limited to about 350,000 per year Immigration from each country in a given year was limited to 3% of all nationals from that country who were... your specific situation For example, if you believe that you might qualify for a green card because you will be marrying or are already married to a U.S citizen, read Chapter 7 It may refer you to other chapters you should read to get a more complete picture Each chapter contains samples of most of the forms you’ll need to complete 4 | how to get a green card After reading about the various rules for... 15 G Amnesties 15 12 | how to get a green card T he official name for the green card is the Alien Registration Receipt Card It has been called a green card because, when it was first introduced in the 1940s, the color of the plastic identification card with the alien’s photo, registration number, date of birth, and date and port of entry was green The card was blue in the... expires in a few years is probably your second choice, given that you’re reading a book on green cards However, a nonimmigrant visa might serve you in two different ways First, it might allow you to legally visit the United States in order to decide whether you really want a green card, or to make a decision that will lead to your getting a green card For example, a person might come to the U.S on a tourist... unmarried children People who can prove that they fled their country for fear of persecution owing to their race, religion, nationality, membership in a particular social or political group, or political opinion may apply chapter 2 | all the ways to get a green card | 15 for legal status as refugees and asylees A person who gains U.S government approval as a refugee or asylee can apply for permanent... what is called an “immigrant visa.” They receive the actual green card only after they have arrived in the United States and claimed their permanent residency 2 Nonimmigrant Visas Nonimmigrant visas are the main topic we’d like to introduce you to in this short chapter A nonimmigrant visa gives you the ability to stay in the United States temporarily with limited rights We understand that a visa that... card some day First, the relative who has the green card must file a petition with USCIS or the U.S embassy of your country of residence But you’ll have to wait several years, until you reach the top of a waiting list, to apply for the actual green card chapter 2 | all the ways to get a green card | 13 3 Other Relatives If you are the aunt, uncle, niece, nephew, cousin, grandmother, or grandfather of a U.S... government changed it to white Since the 1990s, it has been pink Even so, this sought-after plastic card continues to be called the green card Front of New-Style Card This book covers the green card categories most readily available to ordinary people, with an emphasis on family categories However, this chapter will tell you a little about the other major green card categories, and where to go next if . How to Get a Green Card by Ilona Bray, J.D., and Loida Nicolas Lewis, J.D. 8th edition Dear friends, Since 1971, Nolo has worked hard to help Americans get a fair shake from the legal system out situations in which we think that’s a good idea—consult an attorney licensed to practice in your state. Please note How to Get a Green Card by Ilona Bray, J.D., and Loida Nicolas Lewis,. an Oakland-based attorney, for information and tips on current issues in family visa processing. Many thanks also to Jacquelyn Newman (www.familyimmigrationlaw.com), a San Francisco attorney