Before September 2002, the agency that was
charged with overseeing immigration issues
was the Immigration and Naturalization Service
(INS). In September 2002, the Homeland Security
Act became law, transferring the powers
of the INS to the Department of Homeland
Security. The immigration service functions
of the INS are now under the Bureau of Citizenship
and Immigration Services (BCIS).
What is an "Alien?"
An alien is an individual born in a foreign
country that has not been naturalized (made
a U.S. citizen) and is still a subject of
that foreign country.
Immigrant Visas
Immigrant or permanent visas permit their
holders to work and stay in the United States
permanently and, ultimately, to apply for
citizenship. A permanent visa is commonly
referred to as a "green card.
Immigrants to the United States are divided
into two main categories:
- Those who may obtain permanent residence
status without numerical limitation (this
category primarily includes immediate
family members), and
- Those subject to an annual limitation
(which includes non-immediate family members,
employment-based workers & professionals,
and those subject to the diversity immigrant
lottery).
Note: Many immigrant visas are also subject
to per-country caps.
Green Card Application Process
Getting your application for a green card
processed and approved by the BCIS has a
number of steps.
- Get a sponsor - A sponsor can be a relative
who is a United States citizen or an employer.
- Apply to a U.S. consulate or embassy
in your home country. If you are already
in the United States on valid visa, you
can apply here.
- The BCIS will check to see if you are
"inadmissible." Inadmissible
is defined by many categories such as:
mental or physical disorders, a past conviction
of a crime, or prior activity deemed subversive.
The BCIS has many forms and procedural
requirements for those who wish to apply
for a green card. An attorney experienced
in Immigration Law will be familiar with
all these procedures and will help your
application process move smoothly.
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