Frequently Asked Questions about Immigration

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Definitions of some common immigration and naturalization terms:

Asylum
Asylum is a form of protection that allows individuals who are in the United States to remain here, provided that they meet the definition of a refugee and are not barred from either applying for or being granted asylum. Eventually they may adjust to lawful permanent residency and citizenship.

Battered Spouse Petitions
Under the Violence Against Women Act (VAWA), the spouses and children of United States citizens or lawful permanent residents may petition to obtain lawful permanent residency.

Consular Processing
The Bureau of Consular Affairs administers laws, formulates regulations and implements policies relating to consular services provided to American citizens abroad.

Immigration Appeals
There are three general types of immigration appeals. The first type is administrative appeals which may be made administratively within the United States Citizenship and Immigration Services. The second type is appeals from the Immigrations Courts to the Board of Immigration Appeals in Falls Church, VA. The third type is appeals into the federal judicial system, the United States Circuit Courts of Appeal and the United States Supreme Court.

Refugees
The United States works with other governmental, international, and private organizations to provide food, health care, and shelter to millions of refugees throughout the world. The United States also considers persons for resettlement as refugees. Those admitted must be of special humanitarian concern and demonstrate that they were persecuted, or have a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.

Temporary Protected Status
In 1990, Congress established a procedure by which the Attorney General may provide Temporary Protected Status to aliens in the United States who are temporarily unable to return to their homeland because of ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions.

Temporary Visitors - Temporary Visas

How to Obtain a Visa to Study in the United States:
Students are allowed to enter the United States to attend school on a temporary basis with a nonimmigrant visa. There are two types of nonimmigrant visas. The F visa is a temporary visa for students who want to attend a college, university, conservatory, seminary, academic high schools, language training, or other academic organizations. The M visa is a temporary visa for nonacademic or vocational students.

Two basic requirements must be met before a student will be considered for a nonimmigrant visa. The student must be accepted to a school and be able to prove the ability to pay for the education and living expenses with financial resources from student aid, scholarships, family or other personal resources.

Eligibility
F and M visas are only available on a temporary basis. Students demonstrate the intent to stay only on a temporary basis with proof of compelling ties (social, family, economic, professional or other) to a residence outside the United States. The following requirements must also be met:

1. Scholastic Preparation
   Students must show they have successfully completed a course of study normally required for enrollment, which basically means the student is or has been enrolled in a similar course of study in his or her home country. The ability to speak proficient English is also required, unless the school agrees to provide special language courses, or teach the course in the students' native language.
   
   
2. Financial Resources
   A critical eligibility requirement is proving the ability to pay for all living, tuition and other expenses related to the course of study during the period the student will be in the United States. Students must be able to prove they have, or will receive, funding from an identified and reliable source. Specifically, students must demonstrate they have enough readily available funds to meet all expenses for the first year of study, and that adequate funds will be available for each subsequent year of study. If the application is for an M-1 visa, the requirements are stricter and the student must have evidence that sufficient funds are immediately available to pay all tuition and living costs for the entire period of study.
   
   
3. Acceptance
   Before a visa will be issued, the student must already be accepted as a full-time student in a U.S. academic educational program, language-training program, or vocational program. The school must be approved by the United States Citizenship and Immigration Service (USCIS, formerly known as the INS), and the school must send you a Form I-20 (which it receives from the USCIS)
   
   
4. I-20 Form
   Once accepted by a school in the U.S., the next step is to complete the I-20 Form, which the school should send with the acceptance letter. The student will need to show financial ability with proof of financial resources, such as scholarship, loans, grants, subsidies, family or personal resources. Many students are also eligible for financial aid. The completed I-20 form will include all the information the U.S. government needs about the term of study, including the level of study, field of study, the dates of study, and the ability to pay for the program.
   
   
5. Valid Passport
   It is the student's responsibility to obtain a valid passport form their home country and to make sure the passport will remain valid during the course of study in the United States. A visa will not be issued until a valid passport is obtained.

Disclaimer
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.