Detroit, Michigan Immigration Frequently Asked Questions

The following information includes frequently asked immigration questions. The answers stated are general in nature and are not intended to apply to every immigration situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Detroit, Michigan immigration law firm of Wenger & Dadisman , you can receive a personal consultation regarding your specific immigration case.

• How can I become a United States citizen?
• What are the requirements of citizenship by birth?
• How can I become a citizen through the naturalization process?
• When does my time as a Permanent Resident begin?
• What kind of profession requires an H-1B visa?
• What is a specialty occupation?
• As an H-IB alien, who can I work for?
• If I am an H-1B alien how can I immigrate permanently to the U.S.?
• Who is eligible for employment-based immigration?
• How can an immigrant lose his or her green card?
• How can my spouse become a legal immigrant?
• Can my spouse live in the U.S. while his or her visa petition is still pending?
• How will my child emigrate to the U.S. from a foreign country?

How can I become a United States citizen?

Individuals who are not born as a U.S. citizen can receive citizenship through a process known as naturalization.

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What are the requirements of citizenship by birth?

Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens:

By being born in the United States.

If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), or you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.

Through birth abroad to TWO United States citizens. In most cases, you are a U.S. citizen if ALL of the following are true:

• One of your parents was a U.S. citizen when you were born.
• Your citizen parent lived at least 5 years in the United States before you were born and
• At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday.

*If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday.

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How can I become a citizen through the naturalization process?

If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People who are 18 years and older can file the "Application for Naturalization" (Form N-400) to become naturalized.

Persons who acquired citizenship from parent(s) while less than 18 years of age can file an "Application for a Certificate of Citizenship" (Form N-600) to document their naturalization. Adopted children who acquired citizenship from parent(s) should file an "Application for a Certificate of Citizenship on Behalf of an Adopted Child" (Form N-643) to document their naturalization.

The Detroit, Michigan immigration lawyers of Wenger & Dadisman can review these applications to make sure you are filing the correct forms with accurate information.

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What are the requirements for naturalization?

• 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.
• 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.

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When does my time as a Permanent Resident begin?

Your time as a Permanent Resident begins on the date you were granted permanent resident status. This date is on your Permanent Resident Card (formerly known as Alien Registration Card).

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What kind of profession requires an H-1B visa?

The H-1B is a non-immigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

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What is a specialty occupation?

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology and the arts are specialty occupations.

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As an H-IB alien, who can I work for?

H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.

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If I am an H-1B alien how can I immigrate permanently to the U.S.?

An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H-1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the U.S.

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Who is eligible for employment-based immigration?

There are five categories of employment based immigration:

• EB-1 priority workers : aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
• EB-2 workers with advanced degrees or exceptional ability: aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
• EB-3 professionals, skilled workers, and other workers: aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
• EB-4 special workers such as those in a religious occupation or vocation: aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
• EB-5 Employment Creation : You may be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise.

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How can an immigrant lose his or her green card?

The coveted green card (which is, however, not green) enables a foreign national to work in the United States. The right to work is not absolute, however, and a green card holder can lose the card and the corresponding employment status. Generally, there are two ways to lose a green card:

• losing permanent residence status
• becoming deportable

Immigrants lose resident status when they abandon the United States as their permanent home. Without the support of a continuing legal resident status, the green card becomes invalid. The quickest path to deportation is conviction of a serious crime. Serious crimes include, but are not limited to:

• moral turpitude
• controlled substances
• prostitution

Due to the importance of a green card, if a holder is charged with a crime, he or she should seek professional legal help immediately. Immigrants should also consult an attorney to ensure that their travel or other plans do not legally indicate an intention to abandon resident status if they do not so intend.

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How can my spouse become a legal immigrant?

There is a three-step process for your spouse to become a legal immigrant:

The USCIS must approve an immigrant visa petition that you file for your spouse.The State Department visa bulletin must show that a spouse immigrant visa is available to your spouse, based on the date you filed the immigrant visa application.

If your spouse is outside the United States when your visa petition is approved and when an immigrant visa number (if required) becomes available, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your spouse is legally inside the U.S. when your visa petition is approved and when an immigrant visa number (if required) becomes available, he or she may use a Form I-485 to apply to adjust his or her status to that of a lawful permanent resident.

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Can my spouse live in the U.S. while his or her visa petition is still pending?

If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. The Form to file for this benefit is Form I-129F. It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be a method for him or her to come to the U.S. more quickly. 

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How will my child emigrate to the U.S. from a foreign country?

If you are a legal immigrant (or “lawful permanent resident”) or a foreign national who has been granted the privilege of living and working permanently in the United States, there is a three-step process for your son or daughter to become a legal immigrant:

You must obtain USCIS approval of an immigrant visa petition that you file for your son or daughter.

The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.

If your son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using an I-485 form.

Take action to protect your rights:

If you or a loved one has an immigration problem in the Detroit, Michigan area and you need help from an experienced immigration lawyer, please call Wenger & Dadisman today at (866) 435-3772, or complete the contact form provided on this site to begin your free consultation with a dedicated Detroit, Michigan immigration attorney. 

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