Frequently Asked Questions
Answers to more questions can be found in all of VisaSnap’s Application Guides
Should I use an attorney when filing my application?
Do I need to have foreign language documents translated into English?
Should I send original documents or photocopies to the U.S. Consulate or USCIS?
Who is considered an Immediate Relative?
How can I find a good immigration attorney?
Whether to use an attorney when filing your application is an important decision that you need to make. Although the use of an attorney is not necessary, you may find using one very helpful when putting all the forms together and ensuring that all of the documentation is correct. VisaSnap’s Application Guides have been designed to make the application procedures easier to follow and to provide a step-by-step analysis of the forms and documents that are required, as well as a checklist to ensure that all the necessary documentation is sent with your petition and application. However, if you file your application and/or petition without the assistance of an attorney, you are responsible for ensuring that you are using the most current forms, filing fee, filing instructions, and required documentation.
Here are some tips to keep in mind throughout the process:
- It is generally not a good idea to follow the advice of USCIS officers or Department of State employees. These individuals are not experts in immigration law and often the advice they give is incorrect or incomplete. Furthermore, if you rely on incorrect advice from a government worker it will make no difference in your case.
- Stay away from any lawyer, immigration consultant or anyone else who tells you they can “guarantee” you a green card or visa. No such guarantee can be made and you should be wary of anyone making such guarantees.
- Do not choose a lawyer, immigration consultant who tells you to lie on an application. Lying often has worse consequences than you may believe.
- If you use a lawyer, make sure to ask for a complete list of legal services any particular fee covers (e.g., does the fee cover responding to Requests for Evidence, or do you have to pay more? does the fee cover the petition only or does it also include the Visa application or Green Card application?
- Try to use a lawyer with a good reputation from past clients, who is accessible, and who will be willing to respond to your questions in a timely manner.
- If you need help finding an immigration attorney, please click here.
If after reviewing the materials provided within this application guide, you believe that you fully understand the requirements and process for a visa/green card application, then it may be more cost effective to file the application yourself. Many people file immigration applications themselves, and many of them are successful the first time. However, mistakes can happen, and sometimes your situation does not fit neatly within the typical situation for a visa or green card. It is always up to you whether to use an attorney, but again it is not a requirement.
All foreign language documents submitted to USCIS must be accompanied by a certified, word-for-word translation. Many U.S. Consulates and Embassies also require certified translations, however some do not and applicants should check with the particular consulate or embassy before submitting an application. You do not need to spend a lot of money on a translation. You can just have anyone you know who is fluent in both languages provide the translation. Be sure to include the translators name, contact information, and signature on any translated documents and a statement to the effect that the translation is a true and accurate translation.
When an immigration form requires you to send additional documents (e.g., birth or marriage certificates) it is a good idea to not send originals. The reason is that USCIS and the U.S. Consulate will not return any documents to you. Additionally, you will have a chance to present the originals at your USCIS or U.S. Consulate interview. Therefore, you should make a photocopy of the official document and send the photocopy with your application. In your cover letter you will write for the application (see samples in any of VisaSnap’s Application Guides) you should write that all documents are exact photocopies of original documents and that original documents are available upon request of USCIS or the U.S. Consulate. Sometimes the instructions to the forms may request an original document. In that case you should send the original document, however, you should make a photocopy of any original documents sent to USCIS or the Consulate.
Adjustment of status is the process of obtaining lawful permanent residence (a “green card”) without leaving the United States. Adjustment of Status should be distinguished from Change of Status, which refers to foreign nationals who change from one nonimmigrant status to another nonimmigrant status. Adjustment of Status is filed with form I-485 and is not available to all applicants who have violated their nonimmigrant status or entered the United States without inspection at a port of entry.
Change of Status is when a foreign national changes his or her nonimmigrant status (e.g., student status) to another nonimmigrant category (e.g., H-1B status) from within the United States. The foreign national is allowed to remain in the United States with his or her new status, however, a new visa must be applied for if one wishes to travel outside of the United States and return at a later time (e.g., to take a business trip or vacation). Visas cannot be obtained within the United States and the foreign nationals must apply for a new visa at a U.S. Consulate if they wish to travel out of the United States. Change of status should not be confused with Adjustment of Status.
A Green Card (“Permanent Resident Card”) is what most people call the I-551 card (Alien Registration Receipt Card). The Green Card is given to foreign nationals when they gain lawful permanent residence in the United States. The card used to be green hence the name “Green Card.” Having a Green Card or lawful permanent residence is similar to U.S. citizenship in that possession of the Green Card allows you to freely travel in and out of the United States without a visa and work anywhere in the United States. Unless you abandon your residence in the United States or commit certain types of crimes or immigration violations, your Green Card can never be taken away from you. Green Card holders must apply for a new card every ten years. After 3 or 5 years, Green Card holders may apply for U.S. citizenship (see “Naturalization” below).
An Immediate Relative is a foreign national who is either: (1) a U.S. citizen’s unmarried child under the age of 21; (2) a U.S. citizen’s spouse; or (3) a U.S. citizen’s child if the child is over 21. It is important to distinguish Immediate Relatives from Preference Relatives because there are no annual or country limits on the number of green cards available to Immediate Relatives. Preference Relatives, on the other hand, may have to wait several years before receiving a green card because there are annual and country limits on the number of green cards available.
Naturalization is the legal process for obtaining U.S. citizenship. Naturalization typically requires a foreign national to first possess a green card for a number of years (e.g., 3 or 5 years), then apply, interview and take an English exam and an examination on U.S. civics which includes the topics of U.S. history and government.
A Nonimmigrant Visa is given to a Nonimmigrant for the purpose of coming to the United States temporarily to engage in a particular activity. Typical examples of Nonimmigrant Visas include work visas, student visas, business and tourist visas, spouse and fiancé(e) visas, and investor visas. Each type of Nonimmigrant Visa is given a name and category number by the U.S. government (e.g., H-1B Temporary Worker). Nonimmigrant Visas are given for different lengths of time depending on the type of visa. For example, an H-1B worker may typically be allowed to stay in the United States, whereas a person traveling with a visitor visa can only stay for up to six months per trip.
Priority Date refers to the date that the foreign national establishes eligibility for green card. For family-based green cards, the priority date is the date on which the I-130 petition was filed. For employment-based green cards, the priority date is the date on which the labor certification was filed, or if no labor certification was required, the date on which the green card petition was filed (e.g., I-140). It is important to remember that many types of green cards are restricted to a certain number each year (referred to as the “quota”). Therefore, in order to be eligible to file for a green card (i.e., immigrant visa application or adjustment of status if the person is adjusting status from within the United States), the priority date must be a date BEFORE the date listed on the current Visa Bulletin published by the U.S. Department of State.
The Visa Bulletin is a list of dates published by the Department of State that indicates when a green card applicant may apply for an immigrant visa at a U.S. Consulate or adjust status using form I-485. The number of most employment and family-based green card categories are limited each year (with the exception of “immediate relatives” of U.S. citizens). If more applicants apply for a green card than are allowed each year, waiting lists or “backlogs” develop and foreign nationals may have to wait several years after filing their Petition with USCIS (e.g., I-130/I-140) before the foreign national can apply for an immigrant visa or adjust status. In order to use the Visa Bulletin you must know your “Priority Date” (see above). If your Priority Date is a date after the date indicated on the Visa Bulletin (e.g., priority date is 2005, but the Visa Bulletin for your category is 2003), then you will have to wait before applying for your immigrant visa or adjustment of status.
VisaSnap has made the process for finding a reliable immigration attorney simple and easy. Simply click here and fill out the short form. Briefly state the reason for why you want to speak with an attorney, your location and contact information, and and an attorney will contact you about your case within 24-48 hours to set up a consultation.
