Frequently asked questions​​​​​​​

A Non-Immigrant Visa is a document issued to a person who desires to come to the United States temporarily and, usually, for a specific purpose or event.  In most cases, persons given a Non-Immigrant Visa intend (and are expected) to leave the United States once the time period, purpose, and/or event is completed.

Non-Immigrant visas typically have expiration dates.  And, sometimes, it becomes impossible to fully complete the purpose of a Non-Immigrant Visa before it expires.  In some circumstances, a person with a Non-Immigrant Visa may request that the U.S. government give him or her more time to complete the purpose of the visa.  This is known as an Extension of Stay.

Change of Status is a process through which a person who already has one type of Non-Immigrant Visa may change to another type of Non-Immigrant Visa.  A person typically seeks to change his or her status when his or her purpose for coming to (or remaining in) the United States changes.  For example: a person who enters the U.S. using a Non-immigrant Visa for Intra-company Transferees may seek to change his or her status to a Non-Immigrant Visa for Students if, during his or her time in the U.S., he or she decides to engage in a full course of academic study.

Lawful Permanent Residence is a status given by the U.S. Government to qualifying non-citizens who seek to live (and work) permanently in the United States.  Typically, a person who is granted Lawful Permanent Residence is issued a Permanent Residence Card, also known as a “Green Card.”

Adjustment of Status is a processes for persons lawfully present in the United States (usually people who are in the U.S. with a Non-Immigrant Visa) to become Lawful Permanent Residents.  Typically, a person who is seeking Adjustment of Status must be eligible to receive, or already have an approved petition for, an Immigrant Visa.  Almost all of the processing for Adjustment of Status is performed in the United States by the Department of Homeland Security.  Generally, an applicant for Adjustment of Status will NOT be required to leave the United States while his or her application is processing.

Consular Processing is a process for persons to become Lawful Permanent Residents.  It is generally available to persons who are NOT presently in the U.S. OR whose current immigration status does NOT permit an Adjustment of Status.  Although Consular Processing often begins with filing an application or petition with the Department of Homeland Security, much of the processing is performed by the Department of State at U.S. Consular Offices in or near the applicant’s country of origin.

Naturalization is the primary process for non-citizens to become citizens of the United States.  Naturalization is generally available to Lawful Permanent Residents who meet the requirements of eligibility.  Some of the requirements are: that the person is a Lawful Permanent Resident for a minimum period of years; that the person lived in the U.S. during most of the time before applying for Naturalization; and, that the person has Good Moral Character. In addition, although testing requirements may be waived in some circumstances, most applicants for Naturalization must pass a test to show that they have a basic understanding of American History and Government AND that they can read, write, and understand the English Language.

In many circumstances, Lawful Permanent Resident adults bring their young children (under the age of 18) to live with them, also as Lawful Permanent Residents, in the United States.  Often, Lawful Permanent Resident adults naturalize (or otherwise become citizens of the U.S.) before their Lawful Permanent Resident children turn 18 years old.  When this occurs, the Lawful Permanent Resident children may immediately become eligible to receive a Certificate of Citizenship based on their Lawful Permanent Resident parent becoming a citizen.  This is called “Derivative Citizenship.”

The U.S. government’s average processing time for each type of application or petition varies.  Although processing of most applications or petitions may be completed within one and a half (1.5) years after their date of filing, it is NOT unusual for processing of certain applications or petitions to take several years and, in some cases, as much as 20 or more years.  Don’t wait to find out how long the process may take for you!  If you start the process sooner, it will be finished sooner, regardless of the actual processing time(s) for your application(s) or petition(s).