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U.S. immigration made easy
2023
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Summary
Green cards, visas, and more: Whatevery immigrant needs to knowWant to live, work, or travel in the United States? U.S. Immigration Made Easy hashelped tens of thousands of people get a visa, green card, or other immigrationstatus. You'll learn: whetheryou and your family qualify for a short-term visa, permanent U.S. residence, orprotection from deportation howto obtain, fill out, and submit the necessary forms and documents insiderstrategies for dealing with bureaucratic officials, delays, and denials waysto overcome low income and other immigration barriers, and how to select the right attorney. U.S. Immigration MadeEasy provides detailed descriptions of application processesand helps you avoid traps that might destroy your chances. There's also animmigration eligibility self-quiz, which helps you match your background andskills to a likely category of visa or green card. The 21st edition is completely updated to cover recent legal changes owing to the new presidential administration,including the latest on DACA, U visas, asylum, and more.

This book does not cover naturalization. If you'reinterested in U.S. citizenship, see Nolo's Becominga U.S. Citizen.

Table of Contents
Your Immigration Companion1
Part IGetting Started: U.S. Immigration Eligibility and Procedures3
1Where to Begin on Your Path Toward Immigration5
ARoadmap to U.S. Immigration7
BThe Typical Application Process11
CImmigration Eligibility Self-Quiz12
2Are You Already a U.S. Citizen?19
AAcquisition of Citizenship Through Birth to U.S. Citizen Parents20
BAutomatic Derivation of U.S. Citizenship Through Naturalized Parents25
CObtaining Proof of U.S. Citizenship27
DDual Citizenship30
3Can You Enter or Stay in the U.S. at All?31
AParticularly Troublesome Grounds of Inadmissibility33
BAvoiding or Reversing an Inadmissibility Finding60
4Dealing With Paperwork, Government Officials, Delays, and Denials65
AGetting Organized67
BHow to Obtain and Prepare Immigration Application Forms68
CHow to Obtain Needed Documents78
DBefore You Mail Anything82
EDealing With Delays and Other Issues84
FAttending Interviews With USCIS or Consular Officials90
GProcedures for USCIS Interviews95
HWhat to Do If an Interview Is Going Badly98
IWhat to Do If an Application Is Denied99
JWhen All Else Fails, Call Your U.S. Congressperson102
KHow COVID-19 Might Affect Your Case103
5Special Rules for Canadians and Mexicans105
ACanadian Visitors and Nonimmigrants106
BSpecial Work Privileges for Canadian and Mexican Visitors107
CFiancés115
DSimplified Procedures for Canadian Students and Exchange Visitors115
EF-3 Visa for Border Commuter Students115
FPreflight Inspections for Canadians117
CNEXUS for Faster Entry by Canadians117
6How and When to Find a Lawyer119
AWhen Do You Need a Lawyer?120
BWhere to Get the Names of Good Immigration Lawyers122
CHow to Avoid Sleazy Lawyers123
DHow to Choose Among Lawyers125
ESigning Up Your Lawyer126
FPaying Your Lawyer128
GFiring Your Lawyer129
HDo-It-Yourself Legal Research130
Part IIIntroduction to Permanent U.S. Residence (Green Cards)133
ACategories of Green Card Applicants134
BHow Many Green Cards Are Available?138
7Getting a Green Card Through Family Members in the U.S.139
AAre You Eligible for a Green Card Through a Relative?140
BQuick View of the Application Process154
CStep One: Your U.S. Relative Files the I-130 Visa Petition157
DStep Two: Preference Relatives Wait for an Available Visa164
EStep Three: You Submit the Visa or Green Card Application166
FStep Four: Immigrant Visa Holders Enter the U.S.179
GRemoving Conditional Residence in Marriage Cases181
8Getting a Visa to Come Marry Your U.S. Citizen Fiancé (K-1)185
ADo You Qualify for a K-1 Visa?187
BQuick View of How to Apply for a K-1 Visa188
CStep One: Your U.S. Citizen Fiancé Submits a Visa Petition189
DStep Two: You Apply at a U.S. Consulate193
EStep Three: You Enter the U.S. on Your Fiancé Visa196
9Getting a Green Card Through Employment199
AAre You Eligible for a Green Card Through Employment?200
BQuick View of the Application Process213
CStep One: The Prevailing Wage Determination214
DStep Two: Employer Advertising and Recruitment215
EStep Three: Your Employer Seeks Labor Certification218
FStep Four: Your Employer Files the I-140 Petition219
GStep Five: You Might Have to Wait for an Available "Visa Number"228
HStep Six: You Submit the Green Card Application231
IStep Seven: Immigrant Visa Holders Enter the U.S.241
10Getting a Green Card Through the Diversity Visa Lottery243
AAre You Eligible for a Green Card Through the Lottery?245
BQuick View of the Application Process247
CStep One: Registering for the Lottery247
DStep Two: Your Application for Permanent Residence250
EStep Three: Immigrant Visa Holders Enter the U.S.263
11Getting a Green Card as an Investor265
AAre You Eligible for a Green Card Through Investment?267
BQuick View of the Application Process271
CStep One: You File a Visa Petition271
DStep Two: You May Have to Wart to Apply for Permanent Residence274
EStep Three: You Apply for an Immigrant Visa or Green Card275
FStep Four: Immigrant Visa Holders Enter the U.S.285
GStep Five: Converting Your Conditional Residence Into Permanent Residence286
12Getting a Green Card as a Special Immigrant289
ADo You Qualify for a Green Card as a Special Immigrant?290
BQuick View of the Application Process294
CStep One: You File the Petition295
DStep Two: You Might Need to Await an Available Visa Number298
EStep Three: You Apply for Permanent Residence299
FStep Four: Immigrant Visa Holders Enter the U.S.309
13Getting a Green Card as an Asylee or Refugee313
ADo You Qualify as a Refugee or an Asylee?315
BHow to Apply for Refugee Status322
CHow to Apply for Asylum324
DHow to Get a Green Card as a Refugee or an Asylee335
14After Your Approval for a Green Card343
AHow to Prove You're a U.S. Resident344
BTraveling Abroad346
CYour Immigrating Family Members' Rights348
DLosing Your Permanent Resident Status349
EHow to Renew or Replace Your Green Card350
FGreen Cards and U.S. Citizenship353
GGreen Cards and U.S. Taxes354
Part IIIIntroduction to Nonimmigrant (Temporary) Visas355
ATypes of Nonimmigrant Visas356
BDifference Between a Visa and a Status359
CSecurity Measures360
DGetting a Nonimmigrant Visa at a Consulate Outside Your Home Country360
EAt the Border361
FTime Limits on Nonimmigrant Visas361
GEffect of Nonimmigrant Visas on Green Cards365
HNonimmigrant Visas and U.S. Taxes366
15Getting a Business or Tourist (B-1 or B-2) Visa367
ADo You Qualify for a Visitor Visa?369
BHow to Apply for a Visitor Visa372
CVisa Issuance and Entry Into the U.S.376
DExtensions of Stay377
16Getting a Temporary Specialty Worker (H-1B) Visa379
ADo You Qualify for an H-1B Visa or Status?381
BQuick View of the H-1B Visa Application Process386
CStep One: Your Employer Files an LCA386
DStep Two: Your Employer Files a Petition388
EStep Three: Applicants Outside the U.S. Apply for Visa396
FStep Four: H-1B Visa Holders Enter the U.S.397
GExtending Your U.S. Stay397
HYour Rights as an H-1B Worker399
17Getting a Temporary Nonagricultural Worker (H-2B) Visa401
ADo You Qualify for an H-2B Visa?404
BPossibilities for a Green Card From H-2B Status410
CQuick View of the H-2B Visa Application Process411
DStep One: Your Employer Applies for PWD412
EStep Two: Your Employer Places a Job Order413
FStep Three: Your Employer Applies for Temporary Labor Certification415
GStep Four: Your Employer Conducts Recruitment419
HStep Five: The DOL Certifies the Temporary Labor Application420
IStep Six: Your Employer Submits an H-2B Visa Petition420
JStep Seven: Applicants Outside the U.S. Apply to a U.S. Consulate427
KStep Eight: You Enter the U.S. With Your H-2B Visa428
LExtending Your U.S. Stay428
18Getting a Temporary Trainee (H-3) Visa431
ADo You Qualify for an H-3 Visa?432
BQuick View of the H-3 Visa Application Process435
CStep One: Your Employer Submits an H-3 Petition435
DStep Two: Applicants Outside the U.S. Apply to a U.S. Consulate442
EStep Three: H-3 Visa Holders Enter the U.S.443
FExtending Your U.S. Stay445
19Getting an Intracompany Transferee (L-1) Visa447
ADo You Qualify for an L-1 Visa?448
BPossibilities for a Green Card From L-1 Status455
CQuick View of the L-1 Visa Application Process455
DStep One: Your U.S. Employer Files a Petition456
EStep Two: Applicants Outside the U.S. Apply to a U.S. Consulate463
FStep Three: L-1 Visa Holders Enter the U.S.464
GExtending Your U.S. Stay466
20Getting a Treaty Trader (E-1) Visa471
ADo You Qualify for an E-1 Visa?472
BQuick View of the E-1 Visa Application Process479
CHow to Apply From Outside the U.S.479
DHow to Apply If You're in the U.S.484
EExtending Your U.S. Stay486
FVisa Revalidation489
21Getting a Treaty Investor (E-2) Visa491
ADo You Qualify for an E-2 Visa?492
BQuick View of the E-2 Visa Application Process499
CHow to Apply From Outside the U.S.499
DHow to Apply If You're in the U.S.506
EExtending Your U.S. Stay510
FRevalidating Your Visa511
22Getting a Student (F-1 or M-1) Visa513
ADo You Qualify for a Student (M-1 or F-1) Visa?516
BHow Long the Student Visa Will Last522
CQuick View of the Student Visa Application Process524
DStep One: Your School Issues a SEVIS I-20525
EStep Two for Applicants Outside the U.S.: Applying at a U.S. Consulate525
FStep Two for Some Applicants Inside the U.S.: Applying to USCIS for a Change of Status530
GStep Three: Student Visa Holders Enter the U.S.535
HExtending Your Student Stay535
ITraveling Outside the U.S. While You're a Student538
JReinstatement of Student Status539
KGetting Permission to Work539
LTransferring to a Different School545
MChanging Your Course of Studies546
23Getting an Exchange Visitor (J-1) Visa547
ADo You Qualify for a J-1 Exchange Visitor Visa?550
BHow Long the J-1 Status Will Last554
CStudents: Comparing J-1 Visas to F-1 and M-1 Visas556
DBusiness and Industrial Trainees: A Good Option for Work in the U.S.557
EInternships as a Way for Foreign Students to Work in the U.S.557
FCan You Apply for a Green Card From J-1 Status?558
GQuick View of the J-1 Visa Application Process558
HStep One: Your Sponsoring Organization Issues a Certificate of Eligibility559
IStep Two for Applicants Outside the U.S.: Apply for a Visa at a U.S. Consulate559
JStep Two for Some Applicants Inside the U.S.: Apply to USCIS for a Change of Status564
KStep Three: J-1 Visa Holders Enter the U.S.567
LExtending Your J-1 Stay in the U.S.568
MTransfer to a New Sponsor570
NChange of Category570
OReinstatement571
PWorking as an Exchange Visitor573
QAnnual Reports for Foreign Medical Graduates575
RTraveling Outside the U.S. While on an Exchange Program575
24Getting a Visa as a Temporary Worker in a Selected Occupation (O, P, or R Visa)577
ADo You Qualify for an O, P, or R Visa?578
BQuick View of the O, P, and R Visa Application Process586
CStep One: Your Employer or Agent Submits a Petition587
DStep Two: Applicants Outside the U.S. Apply to a U.S. Consulate593
EStep Three: Visa Holders Enter the U.S.595
FExtending Your U.S. Stay595
Part IVIntroduction to Other Forms of Long-Term Legal Status in the U.S.597
25Humanitarian Remedies Allowing Stays in the U.S.599
ADo You Qualify for TPS?600
BTPS Application Process601
CAre You Eligible for Deferred Enforced Departure?602
DHumanitarian Parole603
26Deferred Action for Childhood Arrivals (DACA)607
ADo You Qualify for DACA?608
BWho Is Not Eligible for DACA609
CRisks and Downsides to Applying for DACA611
DWho Shouldn't Apply for DACA612
EHow to Apply for DACA613
27Getting a U Visa as a Crime Victim Assisting Law Enforcement617
AAre You Eligible for a U Visa?618
BHow to Apply for a U Visa624
CWill You Be Eligible for a Green Card After Your U Visa?630
Glossary635
Index645
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