Learn the Answers in These Immigration FAQs

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Is a visa always required to visit the United States?

A visa is usually required to enter the United States. However, there are exceptions. Tourists from countries that participate in the Visa Waiver Program (VWP) do not need a visa, for example.  Canadian citizens who qualify as NAFTA TN professionals can also enter the country without a visa to perform one of the jobs listed by the Department of State.

Can I obtain a nonimmigrant visa if I plan to move to the United States?

A nonimmigrant visa authorizes guests to temporarily visit the United States. Nonimmigrant visas include H-1Bs, seasonal workers, treaty traders and investors, students and tourists. Most temporary visas require nonimmigrant intent — meaning that you plan to leave the country before your authorized stay expires and you risk exclusion if an officer determines that you intend to remain in the United States.

Should I immediately leave the country if I overstay my visa?

Staying longer than your authorized stay violates immigration laws. If you are identified as an overstay, you face the possibility of deportation with its long-term repercussions if you do not have relief available to you. However, leaving the country subjects you to the 3/10 Year Bar rule. Under the rule, you are prohibited from entering the United States for three years if you accumulated more than six months of illegal presence and 10 years if you accumulated one year of illegal presence. An experienced immigration lawyer can advise you about whether a waiver is available in your case.

Do I have the right to work in the United States?

You require specific authorization to work in the United States. If you qualify for an employment visa, you are allowed to work according to the limitations imposed by your classification, including employer, duties, pay and period of stay. You may also be eligible for an Employment Authorization Document that permits you to work while in your current status — such as asylum applicants, spouses of some types of temporary work visas and immediate relatives with pending applications.

What is a Notice to Appear?

A Notice to Appear (NTA) is issued by Immigration and Customs Enforcement (ICE) ordering an individual to appear at a certain time and place to answer alleged immigration violations. Immediately notify an experienced immigration lawyer to advise you on your rights. You may be eligible for withholding of removal or other relief.

Can my undocumented alien spouse get a green card?

Most spouses of U.S. citizens are eligible for their green cards. If your spouse entered the country illegally or committed a crime, however, a green card application may trigger deportation proceedings. Inquire of a qualified immigration lawyer whether your spouse is eligible for a waiver before applying for permanent residency.

Can I apply for citizenship even though I am divorced?

If they otherwise qualify, spouses of U.S. citizens become eligible for naturalization three years after receipt of their green cards. Other permanent residents can apply after five years.

Can my fiancé(e) and I get married in the United States?

A fiancé(e) of a U.S. citizen can travel to the United States to marry under a K visa. You may want to wait for approval before making your wedding plans to account for potential processing delays. However, the visa expires if you fail to marry within 90 days of your fiancé(e)’s arrival. Many couples overcome this technical issue by marrying in a civil ceremony that requires only a few days’ notice and planning their wedding ceremony after their civil marriage.