How Can I Help? – Frequently Asked Questions:
Immigration
This page provides answers to Frequently Asked Questions on Immigration to help you resolve concerns with federal agencies on your own.
However if you still need help after reviewing this information, contact my Camarillo or Solvang office and my staff will open a case and we will act as your liaison with the appropriate federal agency.
• What are the requirements for becoming a United States citizen?
• What are the requirements for naturalization?
• How do I apply to become a United States citizen?
• Does a temporary visitor to the United States need a visa?
• What is the Visa Waiver Program?
• What is the US-VISIT program?
• How can a foreign national become a lawful permanent resident (LPR)?
• Where can I get information about how to adopt a child from another country?
• What is the procedure for bringing a foreign worker into the United States?
• Are there other ways a foreign national can legally come to the United States?
• What is the Diversity Visa Program?
• How does a foreign national apply to study in the United States?
• Where can I get more information about immigration statistics, including the number of immigrant visas granted and how many illegal immigrants were arrested, removed, and prosecuted?
Question: What are the requirements for becoming a United States citizen?
Answer: Generally, most people become United States citizens by virtue of being born within the territory of the United States or to U.S. citizen parents, or by naturalization.
Question: What are the requirements for naturalization?
Answer: Generally, an immigrant is eligible for naturalization if he or she demonstrates:
• a period of continuous residence and physical presence in the United States;
• residence in a particular USCIS District prior to filing;
• an ability to read, write, and speak English;
• a knowledge and understanding of U.S. history and government;
• good moral character;
• attachment to the principles of the U.S. Constitution; and,
• favorable disposition toward the United States.
Question: How do I apply to become a United States citizen?
Answer: Lawful permanent residents (LPRs) who meet certain requirements are eligible to become United States citizens, for more information about becoming a citizen, please see the U.S. Citizenship and Immigration Services’ A Guide to Naturalization.
Question: Does a temporary visitor to the United States need a visa?
Answer: Most citizens of foreign countries must obtain a nonimmigrant visa for temporary stay, although some foreign nationals from certain countries may be eligible for the Visa Waiver Program, which allows up to 90 days of travel to the United States without a visa (see below). For more information about the types of temporary visas, and how to apply, please see the State Department’s Visa Types for Temporary Visitors.
Question: What is the Visa Waiver Program?
Answer: The Visa Waiver Program enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. The program was established in 1986 with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. Visa Waiver Program eligible travelers may apply for a visa, if they prefer to do so. Not all countries participate in the Visa Waiver Program and not all travelers from Visa Waiver Program countries are eligible to use the program. Visa Waiver Program travelers are required to apply for authorization though the Electronic System for Travel Authorization (ESTA), are screened at their port of entry into the United States, and are enrolled in the Department of Homeland Security’s US-VISIT program (see below). For more information about the Visa Waiver Program, please see the State Department’s Visa Waiver Program.
Question: What is the US-VISIT program?
Answer: The US-VISIT program provides visa-issuing posts and ports of entry with the biometric technology, such as fingerprints, that enables the United States government to establish and verify a foreign visitor’s identity before entering the United States.
Question: How can a foreign national become a lawful permanent residents (LPR)?
Answer: There are many ways a foreign national may legally enter the United States as a permanent resident. Generally, a foreign citizen must be sponsored by a relative who is a United States citizen or a lawful permanent resident (LPR), or by a prospective employer, and be the beneficiary of an approved petition.
For information about family-based immigration, please see the State Department’s Family Immigration page.
If you are a United States citizens and need information about bringing a spouse to live in the United States, please see the State Department’s Spouse and Fiance(e) of an American Citizen page.
If you are a lawful permanent resident (LPR) and need information about bringing your spouse and children to the United States, please see the State Department’s Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR) page.
For information about employment-based visas, please see the State Department’s Employment-Based Visas page.
Question: Where can I get information about how to adopt a child from another country?
Answer: For information about adopting a child from another country, please see the State Department’s intercountry adoption page.
Question: What is the procedure for bringing a foreign worker into the United States?
Answer: The Office of Foreign Labor Certification (OFLC) provides labor certifications to employers seeking to bring foreign workers into the United States. Certification may be obtained in cases where it can be demonstrated that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.
Foreign labor certification programs are designed to ensure that the admission of foreign workers into the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. For more information about foreign labor programs, please see the Department of Labor’s Employment & Training Administration page.
Question: Are there other ways a foreign national can legally come to the United States?
Answer: For more information about both permanent and temporary visas to the United States, please see the State Department’s Visas page.
The United States offers humanitarian assistance for individuals who are in need of shelter or aid from various disasters and oppression. For information about applying for humanitarian immigration benefits, please see the U.S. Citizenship and Immigration Services’ Humanitarian Benefits page.
Question: What is the Diversity Visa Program?
Answer: Each year, 50,000 immigrant visas are made available through a lottery to people who come from countries with low rates of immigration to the United States. None of these visas are available for people who come from countries that have sent more than 50,000 immigrants to the United States in the past five years. The State Department’s National Visa Center holds the lottery every year, and chooses winners randomly from all qualified entries. Anyone who is selected under this lottery will be given the opportunity to apply for permanent residence. If permanent residence is granted, then the individual will be authorized to live and work permanently in the United States. The individual is also allowed to bring spouses and any unmarried children under the age of 21 to the United States. For more information, please see the State Department’s Diversity Visa Program page.
Question: How does a foreign national apply to study in the United States?
Answer: Many foreign citizens who come to the U.S. to study or participate in exchange programs. For more information about studying in the United States, please see the State Department’s Student and Exchange Visitors page.
Question: Where can I get more information about immigration statistics, including the number of immigrant visas granted and how many illegal immigrants were arrested, removed, and prosecuted?
Answer: The Department of Homeland Security publishes an annual report on foreign nationals who, during a fiscal year, were granted lawful permanent residence, were admitted into the United States on a temporary basis (for example, tourist, employment, student visas), applied for asylum or refugee status, or became U.S. citizens. The Yearbook of Immigration Statistics also includes information on immigration law enforcement actions, including alien apprehensions, removals, and prosecutions.
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