U.S. Citizenship For Dummies. Jennifer Gagliardi
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www.uscis.gov/working-in-the-united-states/temporary-nonimmigrant-workers
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Winning the visa lottery
Even if you qualify for one of the visa categories listed in the preceding section, entering the Diversity Visa (DV) Lottery Program makes sense because it can speed up your process of receiving a visa, especially if you find yourself in one of the lower preference categories.
Natives of countries with historically low rates of immigration to the United States may be eligible to enter. Those born in any territory that has sent more than 50,000 immigrants to the United States in the previous five years are not eligible to receive a diversity visa.
SURPRISE! YOU MAY ALREADY BE A U.S. CITIZEN
If you were actually born in the United States — including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands — you’re considered a U.S. citizen at birth. Your birth certificate serves as proof of your citizenship. The one exception to this rule is if one or more of your parents was a foreign diplomat at the time of your birth (you would be considered a permanent resident in that case).
Are there ways to be born abroad and still be a U.S. citizen? Yes, under certain specific conditions. If you were born abroad but both your parents were U.S. citizens, and at least one of those two parents lived in the United States at some point prior to your birth, then you are considered a U.S. citizen in most cases.
If you were born abroad but only one of your parents was a U.S. citizen and the other parent was an alien, you will be considered a citizen in most cases if, before you were born, your citizen parent lived in the United States for at least five years. In order to qualify, at least two of those five years had to have taken place after your citizen parent’s 14th birthday.
Notice how we keep saying “in most cases”? The previous explanation is current law, and it’s a generalization. Whether you acquired U.S. citizenship at birth depends on the law that was in effect at the time of your birth. This is one of the toughest areas of immigration law, filled with loopholes and exceptions, so getting expert help in these cases is always a good idea. Be sure to seek and get competent legal help before you need it. (You can get more information on finding legal help in Chapter 7.)
Entering the visa lottery is easy. You can file online at https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity-visa-program-entry/diversity-visa-submit-entry1.html
. Submitting more than one application disqualifies you from the lottery.
If you receive a visa through the Diversity Visa Lottery Program, you’ll be authorized to live and work permanently in the United States, as well as bring your husband or wife and any children under the age of 21 along with you.
Each year 50,000 immigrant visas become available to people who come from countries with low rates of immigration to the United States. The Department of State randomly selects about 100,000 applicants from among the qualified entries. Why do they pick 100,000 when only 50,000 visas are available? Because they know that not all the applicants will be able to successfully complete the visa process. When 50,000 applicants have qualified and completed the immigration process, no further Diversity Lottery visas are issued for that year.
Documenting Your Immigration Status
Your entry document (such as an I-94 card for nonimmigrants) or a green card (if you’re a permanent resident) serves as the important documentation you need to prove that you’re in the United States legally and that you’re entitled to all the rights and privileges that come with that status. As long as you hold a valid USCIS entry document or green card, are maintaining lawful status, and have not committed a removable offense, you don’t have to worry about being forced to leave the country. For naturalized citizens, a Certificate of Naturalization or a U.S. passport serves as the same proof of immigration status.
Depending on where you are in the immigration process, you’ll need various forms and documentation.
Just visiting
A nonimmigrant, or temporary, visa allows you to legally stay in the United States for a given length of time, after which you must leave the country. In order to qualify for a temporary visa, you’ll usually need to prove that you have a residence outside the United States, as well as binding ties to your home country, such as a family or a job. The U.S. government wants to be sure that you’ll return home at the end of your visit. In most cases, you’ll also need to show that you have enough money to support yourself while in the United States.
The type of temporary visa you get will depend on the reasons why you want to visit the United States. You can gain temporary access to the United States in many ways, including the following:
As a visitor or tourist
For business
To seek medical treatment
As a temporary worker or to receive work training
As a student, either for academic or vocational training
By participating in an educational or cultural exchange program
As a fiancé(e) of an American citizen
As a NAFTA professional
Qualified citizens of Canada and Mexico may obtain temporary TN (Trade NAFTA) status. This status is available to certain professionals under the North American Free Trade Agreement (NAFTA). These citizens are visa exempt, meaning they don’t have to obtain visas at a U.S. consulate in order to enter the United States in this status. Through the agreement, a citizen of a NAFTA country may work in a professional occupation in another NAFTA country, providing they can meet the following conditions:
The profession is on the NAFTA list.
The person has the necessary skills and qualifications to fill the position.
The position requires someone in a professional capacity.
The person will be working for a U.S. employer.
Under this particular status, you will be allowed to bring your spouse and unmarried children under 21 with you, although they will not be allowed to work in the United States unless they qualify for work authorization on their own.
Travelers from certain eligible countries also may be able to visit the United States (for business or pleasure only) without a visa through the Visa Waiver Program. Check with the Department of State (
www.travel.state.gov/vwp.html
)