There are many other aspects in immigration law. We have served the community for all sorts of immigration matters and we love to help.
How do I know if I am eligible to extend my stay in the United States?
You may apply for an extension of stay in the United States if:
- You were lawfully admitted into the United States as a nonimmigrant;
- You have not committed any act that makes you ineligible to receive an immigration benefit;
- There is no other factor that requires you to depart the United States prior to extending status (for example, a USCIS officer may determine that you should obtain a new visa prior to extending your status); and
- You can submit an application for an extension of stay by mail or you can file online using USCIS ELIS for an extension of stay before the expiration date on your Form I-94. (There are certain very limited circumstances under which USCIS will excuse a late submission.)
Please note: Your passport must be valid for your entire requested period of stay in the United States.
Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, Section 212(e). If you are unable to return to your home country to fulfill the two-year requirement, you must obtain a waiver approved by the Department of Homeland Security prior to changing status in the United States or being issued a visa in certain categories for travel to the United States.
Eligibility for a Waiver
Select Eligibility Information for details about which J-1 exchange visitors are subject to the two-year home-country physical presence requirement and whether a waiver of this requirement is available to you.
How-to-Apply Instructions and the J-1 Waiver Recommendation Application
Select Instructions and Online DS-3035 to learn more and access the online form to request a recommendation for a waiver of the two-year home-country physical presence requirement from the Department of State’s Waiver Review Division.
第一条 J-1 签证及其豁免
J-1 签证是美国移民局发给外国人来美学习、进修或从事研究工作等的签证种类之一。美国政府规定，凡持 J-1 签证来美的人员，在美停留期满后必须返回原所在国居住两年。由于某些原因在美停留期限需超过签证规定时间的人员，应向美国政府提出免除返回原所在国居住两年限制的豁免申请，但首先须得到原所在国政府的批准。
How do I apply for U.S. citizenship?
U.S. citizenship provides many rights, but also involves many responsibilities. Thus, the decision to become a U.S. citizen through naturalization is important. In most cases, a person who wants to naturalize must first be a permanent resident. By becoming a U.S. citizen, you gain many rights that permanent residents or others do not have, including the right to vote. To be eligible for naturalization, you must first meet certain requirements set by U.S. law.
What are the basic requirements to apply for naturalization?
The process of applying for U.S. citizenship is known as naturalization. In order to be eligible for naturalization, you must first meet certain requirements required by U.S. immigration law.
Generally, to be eligible for naturalization you must:
- Be age 18 or older; and
- Be a permanent resident for a certain amount of time (usually 5 years or 3 years, depending on how you obtained status); and
- Be a person of good moral character; and
- Have a basic knowledge of U.S. government (this, too, can be excepted due to permanent physical or mental impairment); and
- Have a period of continuous residence and physical presence in the United States; and
- Be able to read, write, and speak basic English.
There are exceptions to this rule for someone who at the time of filing:
- Is 55 years old and has been a permanent resident for at least 15 years; or
- Is 50 years old and has been a permanent resident for at least 20 years; or
- Has a permanent physical or mental impairment that makes the individual unable to fulfill these requirements.
When can I apply for naturalization?
You may be able to apply for naturalization if you are at least 18 years of age and have been a permanent resident of the United States:
- For at least 5 years; or
- For at least 3 years during which time you have been, and continue to be, married to and living in a marriage relationship with your U.S. citizen husband or wife; or
- Have honorable service in the U.S. military.
Certain spouses of U.S. citizens and/or members of the military may be able to file for naturalization sooner than noted above.
If you are abroad, and a U.S. consular ocer has determined that you are ineligible for an immigrant visa or nonimmigrant K or V visa because you are inadmissible to the United States, then you may be able to file an application for a waiver of inadmissibility.
If you have been removed from the United States and need permission to reapply, in addition to a waiver of inadmissibility, you may be able to seek permission to reapply for entry into the United States at the same time you request a waiver of your ground(s) of inadmissibility. is change will aect you if you are abroad and are fling:
- Form I-601, Application for Waiver of Grounds of Inadmissibility
- Form I-212, Application for Permission to Reapply for Admission to the United States Aer Deportation or Removal (if needed, and led together with Form I-601)
See the flow chart here.
How do I help my fiancé(e) become a U.S. permanent resident?
A U.S. citizen who wishes to marry a non-U.S. citizen or permanent resident can help their fiancé(e) obtain permanent residence in different ways. One way is to apply for a fiancé(e) visa if your fiancé(e) is overseas and you want to marry in the United States. This visa lets your fiancé(e) enter the United States for 90 days so that your marriage ceremony can take place in the United States. Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e).
What are the basic eligibility requirements for a fiancé(e) petition?
You must be a U.S. citizen to file a fiancé(e) petition. In your petition, you must show that:
- You are a U.S. citizen;
- You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States;
- You are both free to marry; and
- You have met each other in person within 2 years before you file this petition.
However, there are two exceptions that require a waiver:
- If the requirement to meet your fiancé(e) in person would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice; or
- If you prove that the requirement to personally meet your fiancé(e) would result in extreme hardship to you.