Definition of Terms
Child Citizenship Act
of 2000 – A Lawful Permanent Resident (LPR) child under the age of 18 may automatically become a U.S. citizen
if his/her parent is a U.S. citizen or becomes a U.S. citizen. The child must reside
in the U.S. in the legal and physical custody of the U.S. citizen parent.
Employment Authorization
– A non-citizen needs employment authorization from the federal government in order to work legally in the United States. Employment
authorization may be proven through a card or visa. For legal permanent residents
it is permanent although the card may have an expiration date. For others, it
may be temporary and renewable.
Green Card –
A resident alien card (also known as a green card, although it is not green) is evidence of lawful permanent residency. It may have an expiration date but the status, including employment authorization,
is permanent.
Immigrant –
A non-citizen who intends to live permanently in the U.S.
Immigration Consultant,
Notary Public (Notario Publico, or Notarios) – These are persons who are not lawyers and CANNOT give legal advice. Before going to a notario, consult with a community organization that provides free
or low-cost service. See the agency list at the end of this section. A Notary Public is licensed by the state to administer an oath or witness a statement and is not qualified
to give immigration advice.
Lawful Permanent Resident
(LPR) – A person who has a “green card” and may live permanently in the U.S. An LPR may work in the U.S. and may serve in the military and pay taxes, but cannot
vote. An LPR may be deported for certain criminal convictions or other serious
problems. An LPR may become a U.S.
citizen through naturalization.
Lawyer/Attorney –
A person who is permitted to give legal advice. This person has studied law,
has a law degree and is licensed by the State to practice law.
Naturalization –
Naturalization is the process of applying for U.S citizenship. Usually, a person
must have been an LPR for 5 years in order to apply for naturalization. A person
who is an LPR and is married to a U.S.
citizen may apply for citizenship in 3 years.
Non-Immigrant –
A non-citizen who is permitted to enter the U.S.
for a specific limited period of time, and is given a temporary visa (e.g., students, tourists, diplomats) with an expiration
date. Some non-immigrants are granted employer authorization.
Undocumented –
A non-citizen who entered the U.S. without
legal immigration status or who stayed after the period they were authorized to be here.
An undocumented person does not have employment authorization (cannot work lawfully) and may be deported if discovered
by CIS. He/she is not eligible for financial aid for college, but may be eligible
for private scholarships.
U.S. Citizen –
A person born in the United States or
a person who naturalized. A U.S.
citizen may not be deported, may petition to immigrate family members more easily and quickly than an LPR, and may vote in
elections.
U.S. Citizenship and Immigration Services
(USCIS) – It is the agency of the U.S.
government principally dealing with enforcing immigration laws in the United
States. Prior to March of 2003, the USCIS was called the Immigration and Naturalization Service
(INS). It is also sometimes referred to simply as CIS.
Visa – A document
or stamp placed in a person’s passport issued by a U.S. consulate
to a non-citizen to allow that person to enter the U.S. Visas are either nonimmigrant or immigrant.
FREQUENTLY ASKED IMMIGRATION
QUESTIONS
Q:
I am a nonimmigrant with a currently valid visa (for example, a student or tourist visa). Do I qualify for in-state tuition?
A: You do NOT qualify for in-state tuition under the law (AB 540). However, you may qualify for in-state tuition as
a “resident” if your nonimmigrant status allows you to “establish domicile” in the U.S. and you satisfy other requirements for residency. For
example, persons with “V” or “K” visas, and citizens of Micronesia
or the Marshall Islands should be able
to pay in-state tuition if they have lived in the state for more than one year.
Q: How do I apply
for a social security card?
A: To obtain a social security card, you must be a U.S. citizen, Lawful Permanent Resident, or have been lawfully admitted to the U.S. You must
complete an application, and prove your age, identity and lawful status. There
is no charge for a social security card. For more information, go to www.ssa.gov or call, toll-free, 1-800-772-1213. This information is also available in Spanish at www.segurosocial.gov or call, toll-free 1-800-772-1213.
Q: My parents
use a number for their tax returns. Is this a social security number?
A: Your parents probably have an Individual Tax Identification
Number (ITIN). This number is issued by the Internal Revenue Service (IRS) to
persons who are not eligible for a social security number. It does not provide
you with the employment authorization and does not grant you any immigration status.
To apply for an ITIN, you must file a Form W-& or W-&SP (in Spanish) with the IRS.
Q: How do I apply
for a California driver’s license or ID?
A: To obtain a California
driver’s license or ID, you must have a social security number and meet other requirements. If you are not eligible
for a driver’s license or ID, you should apply for some other form of photo identification. For example:
Apply for a passport at your
local consulate office. If you are from Mexico, you can apply for a “Matricula Consular" or Consular Identification
Card at the Mexican Consulate. Sometimes you can use the card to get a library
card, public utilities, and to open a bank account. The card does not provide
you with employment authorization and does not grant you any immigration status.
Q: How do I select
an immigration lawyer?
There are a number of guidelines for
selecting an immigration attorney that you must take into account. Remember that some agencies that administer information
for immigration help and advice have no responsibility or liability for information they provide because they are usually
not adequately trained in immigration law. On the other hand, immigration lawyers do because they keep up with the latest
updates of the law. Because individual cases differ dramatically, consulting with an immigration attorney can assure you that
your immigration matters will be handled in the best possible way. Immigration attorneys can help you overcome and avoid legal
issues, and simplify the immigration process as much as possible.
The following are suggestions to consider but are not
sufficient for choosing an immigration attorney.
1. County Bar Lawyer Referral Services
2. MABA of Los Angeles County Lawyer Information Referral Services: www.mabalawyers.org
3. Visit the California Bar website at www.calbar.org to verify whether the individual is licensed to practice within California and has had disciplinary proceedings brought against him or her.
4. California Immigration Lawyers:
http://www.lawinfo.com/attorney/Immigration/California
Q: How Do I Become a Lawful Permanent
Resident While in the United
States?
· Background
· Where Can I Find The Law?
· Who is Eligible?
· How Do I Apply?
· Will I Get a Work Permit?
· Can I Travel Outside the
United States?
· How Can I Check the Status
of My Application?
· How Can I Appeal?
· Can Anyone Help Me?
Background
An immigrant is a foreign national who has been granted legal permission to live
and work permanently in the United States.
You must go through a multi-step process to become an immigrant. In most cases, USCIS must first approve an immigrant petition
for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are
already in the United States. After that,
if you are already in the United States, you may apply to adjust
to permanent resident status (If you are outside the United States,
you will be notified to go to the local U.S.
consulate to complete the processing for an immigrant visa.)
Where Can I Find the Law?
The Immigration and Nationality Act is the law that governs immigration in the United States. The
part of the law concerning most types of permanent resident status, is Section 245.
How Do I Apply?
To find out how you can apply to become a lawful permanent resident (LPR) of the
United States, please consult with an
immigration attorney or an informational website for application and processes. After you submit your application materials,
you will be asked to go to a USCIS office to answer questions about your applications.
Will I Get a Work Permit?
Applicants for adjustment to permanent resident status are eligible to apply for
a work permit while their cases are pending. You should use USCIS Form I-765 to apply for a work permit. You do not need to
apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident (LPR), you should receive
a permanent resident card that will prove that you have a right to live and work in the United States permanently.
Can I Travel Outside the United States?
If you are applying for adjustment to permanent resident status,
you must receive advance permission to return to the United States if you
are traveling outside the United States.
This advance permission is called Advance Parole. If you do not obtain Advance Parole before you leave the country, you will abandon your application with USCIS and you may not be permitted
to return to the United States.
How
Can I Check the Status of My Application?
Please contact the USCIS office that received your application.
You should be prepared to provide USCIS staff with specific information about your application.
How
Can I Appeal?
Some applications for permanent residency (Form I-485) can be appealed to the Administrative
Appeals Unit (AAU). Decisions from immigration courts can be appealed to the
Board of Immigration Appeals (BIA).
Generally, you may appeal within 30 days after the immigration judge decides to remove
you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of
Immigration Appeals in Washington, D.C.
For more information, consult with a community organization or licensed immigration attorney.
Can Anyone Help Me? There are many organizations that can provided you with more assistance. Please
visit RESOURCES page.
