1) When can I receive a Social Security Number?
If you do not already have a social security number, you can apply for one at
the U.S. Social Security Administration (SSA) office. If you hold nonimmigrant
visa status that allows you to work in the U.S. (e.g., H-1B), the SSA will issue
a social security card which indicates that you are authorized to work with
USCIS authorization only. Your dependents will not be issued SSNs, but they
can apply for a federal identification number at a local IRS office.
For more information about applying for a social security number and office
locations, you can visit the SSA website at www.ssa.gov
.
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2) What is the "green card
lottery?"
For the past several years, the Department of State has conducted a "diversity
lottery" for nationals of certain countries who wish to become permanent residents.
50,000 immigrant visas are available annually to persons from countries with
low rates of immigration to the United States. The application process occurs
in October. The Department of State website will contain information about the
process.
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3) When can I apply for
U.S. citizenship?
Individuals who satisfy the residence, physical presence and other requirements
are eligible to apply for U.S. citizenship after they have been permanent residents
(green card holders) for five years. If you are married to a U.S. citizen, you
are eligible to apply for citizenship after three years of marriage as long
as residence, physical presence and other requirements are met.
An applicant for U.S. citizenship must demonstrate good moral character, English
literacy, and knowledge of U.S. history. In addition, there are U.S. residence
and physical presence requirements which must be met. In brief, the applicant
for naturalization must have been physically present in the U.S. for at least
half of the qualifying period (5 or 3 years as described above) and must have
maintained his or her primary place of abode in the U.S. for the entire qualifying
period (e.g. extended absences from the U.S. may interrupt the qualifying period).
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4) If I choose to leave
my current employer, will this affect my visa status in process?
The E, H, L, TN and O nonimmigrant visas are employer-specific. Therefore, if
you leave your current employer and wish to remain in the U.S., you will need
to immediately find another U.S. employer who will sponsor you. The permanent
residence process requires that you intend to work with the petitioning employer
on a permanent at-will basis. Nonetheless, a permanent resident application
can become "portable" to another employer six months after filing the adjustment
of status application if any new employment is substantially similar to the
labor certification/visa petition employment.
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5) What if I am not married
but I have a partner or "significant other?"
Although not entitled to a derivative nonimmigrant visa, your significant other
may be able to obtain a B-2 ("tourist") visa to accompany you during a temporary
stay in the U.S. if you can show that he/she is your dependent. For the permanent
resident process, only spouses are eligible for derivative immigrant visas.
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6) After I receive U.S.
permanent residence, what happens if I am transferred abroad?
In order to maintain your U.S. permanent residence, you must continuously hold
an intent to make your primary residence in the U.S. USCIS examines a number
of criteria as evidence of your intention to maintain U.S. permanent residence.
To demonstrate the requisite continued maintenance of ties to the U.S., you
are strongly advised to maintain a U.S. address (even if it is the home of a
relative or friend); property (i.e., a person assigned abroad should consider
renting out their U.S. property, rather than selling it); U.S. bank accounts;
U.S. credit cards; a current U.S. driver's license, among others. In addition,
you must continue to file U.S. tax returns as a U.S. resident and claim your
worldwide income (even if not required to pay income tax based on tax treaties
and foreign tax credits); failure to follow this rule can lead to loss of permanent
resident status.
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7) What if my spouse/children
would like to work in the United States?
Nonimmigrant Visa Holders
All nonimmigrant visa categories will allow your spouse and children (under
21) to enter the United States and to live here lawfully as dependents (derivatives)
to your status. For example, an L-1 visa holder may bring his wife and children
under L-2 status. An H-1 visa holder may bring her husband and children on H-4
status.
Spouses of L-1 and E nonimmigrant workers are eligible for employment during
their valid stay in the U.S. They can apply for Employment Authorization Document
(EAD) with USCIS. The process takes about 90 days.
However, other nonimmigrant visa categories do not allow your spouse or children
to work in the United States while they are here as dependents. Only the principal
visa holder is eligible to work in the U.S. This is true for the most common
visa classifications such as H, O, P, and TN.
Your dependents may be eligible to work if they qualify for a nonimmigrant visa
category (most typically H-1B), and can locate a U.S. employer willing to act
as a sponsor. In this case, the employer can file the appropriate petition with
the USCIS to grant your family member the proper nonimmigrant visa category.
Upon approval of a change of status, your family member will be authorized to
work.
Immigrant Visa Applicants
If you and your family process your permanent residence application through
consular processing abroad rather than adjustment of status in the U.S., your
spouse and children will not have work authorization until the permanent resident
visa is issued by the U.S. consulate and your family members enter the U.S.
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