CHAPTER 1 | WHERE TO BEGIN ON YOUR PATH TOWARD IMMIGRATION| 13
Question
Are you from Canada or Mexico?
Are you engaged to marry a U.S.
citizen?
Do you have any close family members
(parents, husband or wife, children
over 21, or brothers and sisters) who
are U.S. citizens?
Do you have any close family members
(parents, husband, or wife) who are
U.S. permanent residents (green card
holders)?
Are you a U.S. citizen who wishes to
adopt a child from overseas?
Do you have a job oer from a U.S.
employer?
NOTE: Some job oers may qualify you for temporary work visas; keep a lookout for these farther on in
this quiz.
Do you come from a country on the
State Departments list of countries
eligible to participate in the visa
lottery?
Do you have $500,000 or more to
invest in the creation or expansion of a
U.S. business?
Are you a member of the clergy or a
religious worker wishing to come to
the U.S. to work for the same religious
organization that youve already been
working for over the last two years?
Possible rights to a visa or green card
You have rights and visa possibilities
that others dont.
You may be eligible for a fianc visa,
allowing you to enter the United States
in order to get married.
You may qualify for a green card if one
of them is willing to petition for you.
You may qualify for a green card if one
of them is willing to petition for you.
You may be able to adopt an orphan or
a child under age 16.
You may be able to obtain a green card,
if you have the right background and
qualifications, if the employer is willing
to sponsor you, and in most cases, if no
U.S. workers are willing or able to take
the job.
You and other family members who
meet the educational and other
qualifying criteria can enter the visa
lottery once a year. Winners can apply
for green cards.
You may be eligible for an investment-
based green card.
You may qualify for a green card as a
special immigrant.
For more information
See Chapter 5 for
more on immigration
possibilities for Canadians
and Mexicans.
See Chapter 8 more on
obtaining a fianc visa.
See Chapter 7 for more
information on obtaining
a green card through
family.
See Chapter 7 for more
information on obtaining
a green card through
family.
Permanent Green Cards
See Chapter 7 for more
information on obtaining
green cards for adopted
children.
See Chapter 9 for more
information on getting
a green card through
employment.
See Chapter 10 for more
on how the visa lottery
works.
See Chapter 11 for more
information on obtaining
an investment-based
green card.
See Chapter 12 for more
information on obtaining
a green card as a special
immigrant.
 14 | U.S. IMMIGRATION MADE EASY
Question
Are you a graduate of a foreign medical You may qualify for a green card as a
school who came to the United States special immigrant.
before January 10, 1978, and are you
still living in the United States?
Are you a former overseas U.S. govern- You may qualify for a green card as a
ment worker or a retired employee of special immigrant.
an international organization, and have
you worked half of the last seven years
in the United States?
Are you helping a child who is living
in the U.S. and has been declared
dependent on a juvenile court and
eligible for a long-term foster or state
agency care?
Have you served in the U.S. armed
services for a total of 12 years or more
after October 15, 1978?
Permanent Green Cards
Do you live in a country (non-U.S.)
where you have faced or fear persecu-
tion, either by the government or
by someone the government cant
controland is that persecution be-
cause of your race, religion, nationality,
political opinion, or membership in a
particular social group?
Are you in the United States now, but
fear returning to your home country
because you have faced or still fear
persecution, either by the government
or someone the government cant
controland is that persecution be-
cause of your race, religion, nationality,
political opinion, or membership in a
particular social group?
Have you lived in the U.S. continuously
since January 1972?
Have you said no to all of the above
questions?
Possible rights to a visa or green card
The child may qualify for a green card as See Chapter 12 for more
a special immigrant.
You may qualify for a green card as a
special immigrant.
You may qualify as a refugee, which
would allow you to travel to the United
States and apply for a green card after
one year.
You may qualify for asylum, which
would allow you to stay in the United
States, and apply for a green card after
one year.
You may be eligible for a green card
based on registry.
See an immigration
For more information
See Chapter 12 for more
information on obtaining
a green card as a special
immigrant.
See Chapter 12 for more
information on obtaining
a green card as a special
immigrant.
information on the childs
obtaining a green card as
a special immigrant.
See Chapter 12 for more
information on obtaining
a green card as a special
immigrant.
See Chapter 13 for more
information on obtaining
refugee status from
overseas.
See Chapter 13 for more
information on obtaining
asylum.
See a lawyer for more
information on obtaining
a registry-based green
card.
attorney to reevaluate
whether you qualify for
any type of green card.
 CHAPTER 1 | WHERE TO BEGIN ON YOUR PATH TOWARD IMMIGRATION| 15
Question
Are you interested in a short trip to the You may qualify for a B-1 or B-2 visitor
U.S. for pleasure, business, or medical
care?
Has a U.S. employer oered you a job
requiring highly specialized knowledge
gained from a university degree or
equivalent work experience?
Has a U.S. employer oered you a
temporary or seasonal nonagricultural
job, whether skilled or unskilled?
Does a U.S. company plan to oer you
on-the-job training in order to help your
career in your home country?
Does your company, which has oces
both inside and outside the U.S., want
to transfer you to the U.S. as an owner,
executive, manager, or an employee
with special knowledge?
Are you a part owner or key employee
of a company that trades with the U.S.,
and coming to the U.S. to trade or
help develop or direct the companys
operations?
Are you a part owner or key employee
of a U.S. company supported by
investment from natives of your home
country, and coming to the U.S. to
work for that company?
Have you been accepted to study at an
academic or vocational school in the
U.S.?
Have you been accepted to participate
in an exchange program in the U.S.?
Has a U.S. employer oered you a job
based on either your extraordinary
ability in the arts, sciences, education,
business, or athletics; or as a religious
worker?
Have you said no to all of the above
questions?
Possible rights to a visa or green card
visa.
You may qualify for an H-1B work visa
(good for up to six years).
You may qualify for an H-2B work visa
(good for up to one year).
You may qualify for an H-3 visa (good
for the length of the training, up to two
years).
You may qualify for an L-1 visa (usually
good for five to seven years).
You may qualify for an E-1 treaty trader
visa (initially good for up to two years).
You may qualify for an E-2 treaty
investor visa (initially good for up to
two years).
You may qualify for an F-1 (academic
student) or M-1 (vocational student) visa information on obtaining
(good for the length of your studies).
You may qualify for a J-1 exchange
visitor visa (good for the length of the
program).
You may qualify for an O, P, or R visa
(good for between one and five years in
the case of O and P visas, and five years
in the case of R visas).
For more information
See Chapter 15 for more
information on obtaining
B visas.
See Chapter 16 for more
information on obtaining
H-1B visas.
See Chapter 17 for more
information on obtaining
H-2B visas.
See Chapter 18 for more
information on obtaining
H-3 visas.
See Chapter 19 for more
information on obtaining
L-1 visas.
Temporary Visas
See Chapter 20 for more
information on obtaining
E-1 visas.
See Chapter 21 for more
information on obtaining
E-2 visas.
See Chapter 22 for more
F-1 and M-1 visas.
See Chapter 23 for more
information on obtaining
J-1 visas.
See Chapter 24 for more
information on obtaining
O, P, or R visas.
See an attorney to
see whether you have
overlooked any possibility.
34 | U.S. IMMIGRATION MADE EASY
Summary of Grounds of Inadmissibility
Ground of Inadmissibility
Persons with communicable diseases of
public health significance, in particular
tuberculosis.
Persons with physical or mental disorders
which threaten their own safety or the
property, welfare, or safety of others.
Drug abusers or addicts.
Persons who fail to show that they have
been vaccinated against certain vaccine-
preventable diseases.
Criminal and Related Violations
Persons who have committed crimes
involving moral turpitude.
Waiver
Available Conditions of Waiver
Health Problems
Yes Waiver available to the spouse or the unmarried
son or daughter or the unmarried minor lawfully
adopted child of a U.S. citizen or permanent
resident, or of an alien who has been issued an
immigrant visa; or to an individual who has a son
or daughter who is a U.S. citizen, or a permanent
resident, or an alien issued an immigrant visa, upon
compliance with USCISs terms and regulations.
Yes Special conditions required by USCIS, at its
discretion.
No (But doesnt necessarily include single-use
experimentation; it depends on the drug.)
Yes The applicant must show either that he or she
subsequently received the vaccine; that the
vaccine is medically inappropriate as certified
by a civil surgeon; or that having the vaccine
administered is contrary to the applicants
religious beliefs or moral convictions.
Yes Waivers are not available for commission of
crimes such as attempted murder or conspiracy
to commit murder, or murder, torture, or drug
crimes. Also, no waivers are available to persons
previously admitted as permanent residents, if
they have been convicted of aggravated felony
since such admission or if they have fewer than
seven years of lawful continuous residence before
removal proceedings were initiated against them.
Waivers for all other oenses are available only if
the applicant is a spouse, parent, or child of a U.S.
citizen or green card holder; or the only criminal
activity was prostitution; or the actions occurred
more than 15 years before the application for a
visa or green card is filed and the alien shows that
he or she is rehabilitated and is not a threat to
U.S. security.
 CHAPTER 3 | CAN YOU ENTER OR STAY IN THE U.S. AT ALL?| 35

Summary of Grounds of Inadmissibility (continued)

Waiver
Ground of Inadmissibility Available Conditions of Waiver
Persons with two or more criminal Yes Same as above.
convictions.
Prostitutes or procurers of prostitutes. Yes Same as above.
Diplomats or others involved in serious Yes Same as above.
criminal activity who have received
immunity from prosecution.
Money launderers. No
Drug oenders. No Except for simple possession of less than 30 grams
of marijuana. There may also be an exception for
simple possession or use by juvenile oenders.
Drug trackers. No
Immediate family members of drug No But note that the problem washes out after five
trackers who knowingly benefited years.
from the illicit money within the last five
years.
National Security and Related Violations
Spies, governmental saboteurs, or No
violators of export or technology
transfer laws.
Persons intending to overthrow the U.S. No
government.
Persons intending to engage in unlawful No
activity.
People subject to special registration No
who fail to have their departure
confirmed and recorded are presumed
to fall into this category
Terrorists and members or representatives No
of foreign terrorist organizations.
Persons whose entry would have adverse No
consequences for U.S. foreign policy,
unless the applicant is an ocial of a
foreign government, or the applicants
activities or beliefs would normally be
lawful under the U.S. constitution.
36 | U.S. IMMIGRATION MADE EASY

Summary of Grounds of Inadmissibility (continued)

Waiver
Ground of Inadmissibility Available Conditions of Waiver

Voluntary members of totalitarian Yes An exception is made if the membership was

parties. involuntary, or is or was when the applicant was
under 16 years old, by operation of law, or for
purposes of obtaining employment, food rations,
or other essentials of living. An exception is also
possible for past membership if the membership
ended at least two years prior to the application
(five years if the party in control of a foreign state
is considered a totalitarian dictatorship). If neither
applies, a waiver is available for an immigrant
who is the parent, spouse, son, daughter, brother,
or sister of a U.S. citizen, or a spouse, son, or
daughter of a permanent resident.

Anyone having participated in genocide, No

torture, the persecution of any person
because of race, religion, national origin,
or political opinion, extrajudicial killings,
or Nazi persecution.

Anyone who has engaged in the No

recruitment or use of child soldiers.

Foreign government ocials who, during No

their service, were responsible for or
directly carried out particularly severe
violations of religious freedom.
Economic Grounds
Any person who, in the opinion of a No However, the applicant may cure the ground of
USCIS or consular ocial, is likely to inadmissibility by overcoming the reasons for it
become a public charge, that is, receive or obtaining an Adavit of Support from a family
public assistance or welfare in the United member or friend.
States. The ocial can consider factors
such as the persons age, health, family
and work history, and previous use of
public benefits.
 CHAPTER 3 | CAN YOU ENTER OR STAY IN THE U.S. AT ALL?| 37

Summary of Grounds of Inadmissibility (continued)

Waiver
Ground of Inadmissibility Available Conditions of Waiver

Family-sponsored immigrants and No But an applicant may cure the ground of

employment-sponsored immigrants inadmissibility by subsequently satisfying
where a family member is the employ- Adavit of Support requirements.
ment sponsor (or such a family member
owns 5% of the petitioning business)
whose sponsor has not executed an
Adavit of Support (Form I-864).

Nonimmigrant public benefit No But ground of inadmissibility expires after five

recipients (where the individual came years.
as a nonimmigrant and applied for
benefits when he or she was not eligible
or through fraud). Five-year bar to
admissibility.
Labor Certifications and Employment Qualifications
Persons without approved labor No But see Chapter 9, for a discussion of the national
certifications, if one is required in the interest waiver.
category under which the green card
application is made.

Graduates of unaccredited medical No

schools, whether inside or outside of the
U.S., immigrating to the U.S. in a second
or third preference category based on
their profession, who have not both
passed the foreign medical graduates
exam and shown proficiency in English.
(Physicians qualifying as special
immigrants, who have been practicing
medicine in the U.S. with a license since
January 9, 1978, are not subject to this
exclusion.)

Uncertified foreign health care Yes But applicant may show qualifications by
workers seeking entry based on clinical submitting a certificate from the Commission
employment in their field (not including on Graduates of Foreign Nursing Schools or the
physicians). equivalent.
38 | U.S. IMMIGRATION MADE EASY
Summary of Grounds of Inadmissibility (continued)
Ground of Inadmissibility
Immigration Violators
Persons who entered the U.S. without
inspection by the immigration
authorities (INS or CBP).
Persons who were deported after a
hearing and seek readmission within ten
years.
Persons who have failed to attend
removal (deportation) proceedings
(unless they had reasonable cause for
doing so). Five-year bar to reentry.
People who have been summarily
excluded from the U.S. and again
attempt to enter within five years
Persons who made misrepresentations
during the immigration process.
Persons who made a false claim to U.S.
citizenship.
Individuals subject to a final removal
(deportation) order under the
Immigration and Naturalization
Act 274C (Civil Document Fraud
Proceedings).
Waiver
Available Conditions of Waiver
Yes Available for certain battered women and
children who came to the U.S. escaping such
battery or who qualify as self-petitioners. Also
available for individuals who had visa petitions or
labor certifications on file before January 14, 1998,
or before April 30, 2001, with proof of physical
presence in the U.S. on December 21, 2000.
($1,000 penalty required for latter waiver.) Does
not apply to applicants outside of the U.S.
Yes Discretionary with USCIS.
Yes Advance permission to apply for readmission.
Discretionary with USCIS.
Yes Discretionary with USCIS.
Yes The applicant must be the spouse or child of a
U.S. citizen or green card holder. A waiver will be
granted if the refusal of admission would cause
extreme hardship to that relative. Discretionary
with USCIS.
No
Yes Available to permanent residents who voluntarily
left the U.S., and for those applying for
permanent residence as immediate relatives or
based on other family petitions, if the fraud was
committed solely to assist the persons spouse or
child and provided that no fine was imposed as
part of the previous civil proceeding.

Summary of Grounds of Inadmissibility (continued)
Ground of Inadmissibility
Student visa abusers (persons who
improperly obtain F-1 status to attend
a public elementary school or adult
education program, or transfer from a
private to a public program except as
permitted). Five-year bar to admissibility.
Certain individuals twice removed
(deported or removed after aggravated
felony). Twenty-year bar to admissibility
for those twice deported.
Individuals unlawfully present (time
counted only after April 1, 1997, and
after the age of 18). Presence for
180364 days results in three-year bar to
admissibility. Presence for 365 or more
days creates ten-year bar to admissibility.
Bars kick in only when the individual
departs the U.S. and seeks reentry after a
period of unlawful presence.
Individuals unlawfully present after
previous immigration violations.
(Applies to persons who were in the
U.S. unlawfully for an aggregate period
over one year, who subsequently reenter
without being properly admitted. Also
applies to anyone ordered removed who
subsequently attempts entry without
admission.)
Stowaways.
Smugglers of illegal aliens.
CHAPTER 3 | CAN YOU ENTER OR STAY IN THE U.S. AT ALL?| 39
Waiver
Available Conditions of Waiver
No
Yes Discretionary with USCIS (advance permission to
apply for readmission).
Yes A waiver is provided for an immigrant who has
a U.S. citizen or permanent resident spouse or
parent to whom refusal of the application would
cause extreme hardship. There is also a complex
body of law concerning when a persons presence
can be considered lawful, for example, if one has
certain applications awaiting decision by USCIS or
is protected by battered spouse/child provisions
of the immigration laws.
No
No This is a permanent ground of inadmissibility.
However, after being gone for ten years, an
applicant can apply for advance permission to
reapply for admission.
Yes Waivable if the applicant was smuggling in
persons who were immediate family members at
the time, and either is a permanent resident or is
immigrating under a family-based visa petition
as an immediate relative; the unmarried son or
daughter of a U.S. citizen or permanent resident;
or the spouse of a U.S. permanent resident.
40 | U.S. IMMIGRATION MADE EASY

Summary of Grounds of Inadmissibility (continued)

Waiver
Ground of Inadmissibility Available Conditions of Waiver
Document Violations
Persons without required current No Except certain limited circumstance waivers.
passports or visas. Under expedited removal procedures, CBP
may quickly exclude for five years persons who
arrive without proper documents or make
misrepresentations during the inspection process.
No hearing is available to people subject to
expedited removal, unless they can demonstrate
a credible fear of persecution should they be
forced to return.
Draft Evasion and Ineligibility for Citizenship
Persons who are permanently ineligible No
for citizenship.

Persons who are draft evaders, unless No

they were U.S. citizens at the time of
evasion or desertion.
Miscellaneous Grounds
Practicing polygamists. No

Guardians accompanying excludable No

aliens.

International child abductors. (The No

exclusion does not apply if the applicant
is a national of a country that signed
the Hague Convention on International
Child Abduction.)

Unlawful voters (voting in violation No

of any federal, state, or local law or
regulation).

Former U.S. citizens who renounced No

citizenship to avoid taxation.