Attorney Immigration Attorney 1 — Questions and Answers
Question 1: What is the difference between an immigrant visa and a nonimmigrant visa?
- Immigrant visas are for employment; nonimmigrant visas are for students
- An immigrant visa grants permanent residence (green card); a nonimmigrant visa is for temporary stays with a specific purpose and duration (Correct answer)
- Immigrant visas are issued by consulates; nonimmigrant visas are issued by USCIS
- Immigrant visas require a sponsor; nonimmigrant visas do not
Correct answer: An immigrant visa grants permanent residence (green card); a nonimmigrant visa is for temporary stays with a specific purpose and duration
An immigrant visa leads to lawful permanent residence (a green card), while a nonimmigrant visa allows a foreign national to enter the US temporarily for a specific purpose such as tourism, work, or study.
Question 2: What is the process for obtaining lawful permanent residence (green card) through a US citizen spouse?
- The citizen files a naturalization petition and the spouse automatically receives a green card
- The citizen files an I-130 petition, and upon approval the spouse applies for an immigrant visa or adjustment of status and undergoes a background check and interview (Correct answer)
- The couple registers their marriage with USCIS and receives immediate permanent residence
- The spouse must first obtain a work visa and live in the US for five years
Correct answer: The citizen files an I-130 petition, and upon approval the spouse applies for an immigrant visa or adjustment of status and undergoes a background check and interview
A US citizen files an I-130 Petition for Alien Relative; upon USCIS approval, the foreign spouse either applies for an immigrant visa abroad or adjusts status in the US, completing biometrics, background checks, and an interview.
Question 3: What is asylum in US immigration law?
- A temporary tourist visa for persons fleeing bad weather
- Protection granted to foreign nationals who are in the US and meet the definition of a refugee — facing persecution based on race, religion, nationality, political opinion, or membership in a particular social group (Correct answer)
- A humanitarian parole allowing emergency entry into the US
- A temporary protected status granted during natural disasters
Correct answer: Protection granted to foreign nationals who are in the US and meet the definition of a refugee — facing persecution based on race, religion, nationality, political opinion, or membership in a particular social group
Asylum allows foreign nationals already in or at a US port of entry to remain in the US if they demonstrate a well-founded fear of persecution in their home country based on one of five protected grounds.
Question 4: What is Deferred Action for Childhood Arrivals (DACA)?
- A pathway to citizenship for undocumented immigrants who arrived as children
- An executive program providing temporary protection from deportation and work authorization for certain undocumented individuals who arrived in the US as children (Correct answer)
- A visa category for foreign students attending US schools
- A law granting automatic citizenship to children born to undocumented parents
Correct answer: An executive program providing temporary protection from deportation and work authorization for certain undocumented individuals who arrived in the US as children
DACA is an executive program that grants renewable two-year deferrals from deportation and work authorization to eligible undocumented individuals who arrived in the US before age 16 and meet education or military service criteria.
Question 5: What is the role of USCIS in the US immigration system?
- To enforce immigration laws at the border and deport undocumented immigrants
- To adjudicate immigration benefits applications including green cards, visas, asylum, naturalization, and work authorization (Correct answer)
- To set US immigration policy and annual visa caps
- To prosecute immigration violations in federal court
Correct answer: To adjudicate immigration benefits applications including green cards, visas, asylum, naturalization, and work authorization
USCIS (US Citizenship and Immigration Services) is the agency within DHS responsible for processing and adjudicating applications for immigration benefits.
Question 6: What is the difference between deportation (removal) and voluntary departure?
- Deportation is for criminals; voluntary departure is for overstays
- Deportation is a formal removal by the government that typically bars re-entry; voluntary departure allows a person to leave at their own expense within a set time without a formal removal order (Correct answer)
- Deportation requires a court hearing; voluntary departure does not
- Deportation is permanent; voluntary departure can be reversed after 30 days
Correct answer: Deportation is a formal removal by the government that typically bars re-entry; voluntary departure allows a person to leave at their own expense within a set time without a formal removal order
A deportation order carries a bar on re-entry (typically 10 years or more) and appears in immigration records, while voluntary departure allows the person to leave without a formal removal order and without the same re-entry bar.
Attorney Immigration Attorney 1
What is the difference between an immigrant visa and a nonimmigrant visa?