Special Registration is a mandatory registration process that applies to certain individuals who come from designated countries, and are in the United States as non-immigrants. To see a current list of countries that are affected please visit the USCIS homepage. It is designed to create a database of specific non-nationals and provided USCIS with an opportunity to interrogate said individuals in the interest of national security.

Generally, visas are separated into two categories: immigrant and non-immigrant. Immigrant visas are permanent visas, i.e. green cards. Green card holders, also known as permanent residents, are classified as immigrant visa holders. Non-immigrant visas are temporary visas. These visas are only valid for a specific amount of time.

Permanent resident status is permanent as long as the individual obeys the immigration laws of the United States. Green cards (physical evidence of Permanent Residence status) used to be valid indefinitely, however in an effort to keep files accurate the U.S. Citizenship and Immigration Services mandated several years ago that green cards would have to be replaced every ten years. This is similar to renewal of a passport.

In general United States Citizenship is acquired by birth, registration, transmission, or application. All persons who are born in the United States are, by law, United States citizens unless their parents are diplomats. Persons born outside the United States to United States citizen parents are entitled to citizenship, however the birth must be registered with a United States embassy or consulate. If you are born outside of the United States and one of your parents is a United States Citizen, it is possible that citizenship can be transmitted to you through your parent. There are several determining factors involved and an attorney should be consulted to discuss the matter. The last option to acquire United States citizenship is to apply for it. Permanent residents who obtained permanent resident status based upon their relationship to a United States Citizen are eligible to apply for citizenship three years after they obtain status as a permanent resident. If status as a permanent resident is obtained otherwise then the waiting period to apply for citizenship is five years.

Please see our discussion on temporary employment visas.

Temporary employment visas allow for your spouse and children to accompany you.

Authorization to work does not extend to a spouse, however your spouse may apply for a separate work visa. Work authorization is available for spouses who hold L-2 J-2 status.

H-1B visas are specific to the employer and the specific job for the employer. Should you desire to work at an additional job you must apply for another visa. You must have a separate visa for each job. It is permissible to have more then one H visa at a time.

Recent regulations allow for an individual to start a new job once United States Citizenship and Immigration Services has received the application for a new visa.

The two-year home country requirement is an obligation for those people who enter the United States in “J” status to return to their home country for a two-year period before they are eligible to obtain most other non-immigrant visas or become a permanent resident.

Please see our discussion on the two-year home country requrement.

It may be possible to have the two-year home country requirement waived. Please see our discussion on the two-year home country requirement.

Yes. If the primary visa holder is subject to the two-year home country requirement then the derivative visa holder is subject to it as well.

For a current list of “Treaty Trader” countries please contact Teplen & Associates, PLLC .

For a current list of “Treaty Investor” countries pleas contact Teplen & Associates, PLLC.

Premium processing is a service that United States Citizenship and Immigration Services offer to expedite certain non-immigrant petitions for a fee. The following visa categories are eligible for premium processing: E-1, E-2, H-1B, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, TN and Q-1.

Individuals who apply for permanent resident status based upon marriage, if the underlying marriage is less than two years old at the time of the issuances of residence status, are accorded conditional permanent resident status. Essentially, conditional permanent resident status is no different than permanent resident status however, those individuals in Conditional Permanent Resident status must make a separate application to the United States Citizenship and Immigration Services ("USCIS") in the three month period prior to the two year anniversary of the date that conditional permanent resident status was obtained. The purpose of this application is to reduce fraud and allow USCIS an extra opportunity to verify that the marriage is real.

If an individual invests at least one million dollars in a new commercial enterprise and that enterprise will employ at least ten employees within two years then an application for permanent resident status can be submitted. If the investment is made in an area designated by the United States government as an area of high unemployment then an individual can qualify to become a permanent resident with an investment of five hundred thousand dollars. A qualifying investment can also be made into an existing enterprise given the correct circumstances.

Certain criminal convictions can prevent you from becoming a permanent resident while others will not interfere. You should contact Teplen & Associates, PLLC for more information.

If you have previously filed an immigrant petition or labor certification prior to April 30, 2001 then you may benefit by this law which will allow you to become a permanent resident even if you entered the United States illegally. If you think that you may fit in this category please contact Teplen & Associates, PLLC so that we may explore your options.

U.S. and Canadian citizens should not expect to cross the border by declaring their identity and citizenship by an oral declaration alone.  Effective January 31, 2008, travelers will be asked to present documents from one of the options below when entering the United States at land or sea ports of entry

One Document Option

One of the following documents should be presented to prove both identity and citizenship.