10 Frequently Asked Questions about US Immigration

As there are so many categories of immigration in the U.S., it is difficult to answer all the different questions people may have. This being said, here are a few concerns that have frequently come up on forums and other websites.

    1. I made a mistake on my forms, what will happen now?

Depending upon the mistake you made and whether or not the mistake was found genuine or misrepresented, generally there will be a delay in your application process from correcting the mistakes. You should make sure to contact the correct people to fix this mistake as soon as possible.

    2. I am a permanent resident, can I petition for my parents to come to the U.S.?

No, you will not be able to petition for your parents to come to the U.S. until you are a citizen.

    3. What is a “Per Country Limit”? What does this mean to me?

A per country limit is the amount of family sponsorships and employment-based preference visas that are permitted to be issued to citizens of each country per year. This does not mean that the limit must be reached, but that the amount of visa issued cannot surpass that amount.

If this limit has been reached, then a waiting list will be started, and you can only wait until the process is opened for your country again.

    4. What reasons can I be found inadmissible to the U.S.?

You can be found inadmissible based on,

• Health-related reasons
• Criminal grounds
• Financial reasons
• Non-compliance with U.S. immigration laws
• Not having proper documentation to stay in the U.S. but seeking to do so
• Being previously removed
• Miscellaneous reasons such as practicing polygamy

If you have reason to believe that this is your situation, you should contact a legal representative to find out more.

    5. Can my fiancée come to the U.S. with me?

Your fiancée may apply to visit the U.S. at any time. However, if you are seeking to have your fiancée stay in the U.S., you will have to petition for a fiancée “K” visa.

    6. I came to the U.S. on a visa waiver, can I petition for a different visa while I am here?

You cannot change into a different visa while in the U.S. on a visa waiver unless,

• You married an American citizen and require a green card
• You find arranged employment and meet all the required requirements to apply for an H1 (you will still have to go back to your home country to apply)
• If you applied for a B2 tourist visa, you might be able to apply for another visa while in the U.S.

You should explore your options further by contacting a legal representative.

    7. Can a visa be obtained in the U.S.?

No, as of 2004, if you require a new visa, it will have to be made to a U.S. embassy or consulate outside the U.S.

    8. What is the Green Card Lottery?

The Green Card Lottery, also known as the Diversity Program Entry, allows those from countries with low immigration rates to the U.S. to receive permanent residence. Around 55,000 spaces are open in this category.

    9. I’m a student in the U.S., am I allowed to work?

You can work on-campus subject to conditions and restrictions. After one academic year, you may be able to work off-campus through CPT, OPT, or STEM. Beyond this, you are not permitted to work as a student legally.

    10. Can I get my petition processed faster?

Depending on the type of program you are petitioning for, you may be eligible for premium processing. This is a $1000 fee you pay in order to have your decision made within fifteen calendar days.